Sec. 757. Disputed changes of sponsorship at federally obligated, publicly owned airport
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/bill/118/hr/3935/enr/section-757·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to paragraph (2), in the case of a disputed change of airport sponsorship, the Administrator shall have the sole legal authority to approve any change in the sponsorship of, or operational responsibility for, the airport from the airport sponsor of record to another public or private entity. This section shall not apply to a change of sponsorship or ownership of a privately-owned airport, a transfer under the Airport Investment Partnership Program, a change when the Federal Government exercises a right of reverter, or a change that is not disputed. Subject to paragraphs
(2)and (3), the Administrator shall not approve any disputed change of airport sponsorship unless the Administrator receives— written documentation from the airport sponsor of record consenting to the change in sponsorship or operation; notice of a final, non-reviewable judicial decision requiring such change; or notice of a legally-binding agreement between the parties involved. The Administrator may not evaluate or approve a disputed change of airport sponsorship where a legal dispute is pending before a court of competent jurisdiction. Any State or local legislative body or public agency considering whether to take an action (including by drafting legislation) that would impact the ownership, sponsorship, governance, or operations of a federally obligated, publicly owned airport may request from the Administrator, at any point in the deliberative process— technical assistance regarding the interrelationship between Federal and State or local requirements applicable to any such action; and review and comment on such action. The Administrator may deny a change in the ownership, sponsorship, or governance of, or operational responsibility for, a federally obligated, publicly owned airport if a State or local legislative body or public agency does not seek technical assistance under subparagraph
(A)with respect to such change. In addition to the conditions outlined in subsection (b), the Administrator shall independently determine whether the proposed sponsor or operator is able to satisfy Federal requirements for airport sponsorship or operation and shall ensure, by requiring whatever terms and conditions the Administrator determines necessary, that any change in the ownership, sponsorship, or governance of, or operational responsibility for, a federally obligated, publicly owned airport is consistent with existing Federal law, regulations, existing grant assurances, and Federal land conveyance obligations. In this section, the term disputed change of airport sponsorship means any action that seeks to change the ownership, sponsorship, or governance of, or operational responsibility for, a federally obligated, publicly owned airport, including any such change directed by judicial action or State or local legislative action, where the airport sponsor of record initially does not consent to such change.