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Code · BILL · 115th Congress · H.R. 4 (Engrossed in House) — To reauthorize programs of the Federal Aviation Administration, and for other purposes. · Sec. 124

Sec. 124. Grant assurances

450 words·~2 min read·/bill/115/hr/4/eh/section-124

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Section 47107 of title 49, United States Code, is amended by adding at the end the following: The construction of a covered aircraft shall be treated as an aeronautical activity for purposes of— determining an airport’s compliance with a grant assurance made under this section or any other provision of law; and the receipt of Federal financial assistance for airport development. In this subsection, the term covered aircraft means an aircraft— used or intended to be used exclusively for recreational purposes; and constructed or under construction by a private individual at a general aviation airport. .
Section 47107 of title 49, United States Code, as amended by this section, is further amended by adding at the end the following: Notwithstanding subsection (a)(13), and subject to paragraph (2), the sponsor of a public-use airport shall not be considered to be in violation of this subtitle, or to be found in violation of a grant assurance made under this section, or under any other provision of law, as a condition for the receipt of Federal financial assistance for airport development, solely because the sponsor has entered into an agreement, including a revised agreement, with a local government providing for the use of airport property for an interim compatible recreational purpose at below fair market value.
This subsection shall apply only— to an agreement regarding airport property that was initially entered into before the publication of the Federal Aviation Administration’s Policy and Procedures Concerning the Use of Airport Revenue, dated February 16, 1999; if the agreement between the sponsor and the local government is subordinate to any existing or future agreements between the sponsor and the Secretary, including agreements related to a grant assurance under this section; to airport property that was acquired under a Federal airport development grant program; if the airport sponsor has provided a written statement to the Administrator that the property made available for a recreational purpose will not be needed for any aeronautical purpose during the next 10 years; if the agreement includes a term of not more than 2 years to prepare the airport property for the interim compatible recreational purpose and not more than 10 years of use for that purpose; if the recreational purpose will not impact the aeronautical use of the airport; if the airport sponsor provides a certification that the sponsor is not responsible for preparation, start-up, operations, maintenance, or any other costs associated with the recreational purpose; and if the recreational purpose is consistent with Federal land use compatibility criteria under section 47502.
Nothing in this subsection may be construed as permitting a diversion of airport revenue for the capital or operating costs associated with the community use of airport land. .
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