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Code · BILL · 118th Congress · H.R. 3935 (Reported in House) — To amend title 49, United States Code, to reauthorize and improve the Federal Aviation Administration and other civil... · Sec. 223

Sec. 223. Protecting general aviation airports from FAA closure

714 words·~3 min read·/bill/118/hr/3935/rh/section-223

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Section 47125 of title 49, United States Code, is amended by adding at the end the following: Subject to paragraph (2), the Secretary may grant to an airport, city, or county a waiver of any of the terms, conditions, reservations, or restrictions contained in a deed under which the United States conveyed to the airport, city, or county an interest in real property for airport purposes pursuant to section 16 of the Federal Airport Act (60 Stat. 179), section 23 of the Airport and Airway Development Act of 1970 (84 Stat. 232), or this section. Any waiver granted by the Secretary pursuant to paragraph
(1)shall be subject to the following conditions: The applicable airport, city, county, or other political subdivision shall agree that in conveying any interest in the real property which the United States conveyed to the airport, city, or county, the airport, city, or county will receive consideration for such interest that is equal to its current fair market value. Any consideration received by the airport, city, or county under subparagraph
(A)shall be used exclusively for the development, improvement, operation, or maintenance of a public airport by the airport, city, or county. Such waiver— will not significantly impair the aeronautical purpose of an airport; will not result in the permanent closure of an airport (unless the Secretary determines that the waiver will directly facilitate the construction of a replacement airport); or is necessary to protect or advance the civil aviation interests of the United States. Any other conditions required by the Secretary. The Secretary shall include a list and description of each waiver granted pursuant to paragraph
(1)in the report required under section 47131. . Section 47151 of title 49, United States Code, is amended— by striking subsection
(d)and inserting the following: The Secretary may not waive any condition imposed on an interest in surplus property conveyed under subsection
(a)that such interest be used for an aeronautical purpose unless the Secretary provides public notice not less than 30 days before the issuance of such waiver and determines that such waiver— will not significantly impair the aeronautical purpose of an airport; will not result in the permanent closure of an airport (unless the Secretary determines that the waiver will directly facilitate the construction of a replacement airport); or is necessary to protect or advance the civil aviation interests of the United States. ; and by adding at the end the following: The Secretary shall take all necessary action to revert surplus property conveyed under this subchapter back to the United States if— the Secretary determines that an instrument conveying an interest in surplus property under this subchapter incorporates a provision providing for the reversion of such property in the event the property is not used for aeronautical purposes; other efforts by the Secretary to ensure that the property is used by the relevant airport sponsor is used for aeronautical purposes are unsuccessful; and the Secretary determines that a reversion— will result in the property being used for aeronautical purposes; or will not transfer liabilities, including environmental liabilities, greater than the fair market value of the property to the Government. ; and Section 47153(c) of title 49, United States Code, is amended to read as follows: Notwithstanding subsections
(a)and (b), the Secretary may not waive any term under this section that an interest in land be used for an aeronautical purpose unless— the Secretary provides public notice not less than 30 days before the issuance of a waiver; and the Secretary determines that such waiver— will not significantly impair the aeronautical purpose of an airport; will not result in the permanent closure of an airport (unless the Secretary determines that the waiver will directly facilitate the construction of a replacement airport); or is necessary to protect or advance the civil aviation interests of the United States. . Section 1203 of the Federal Aviation Reauthorization Act of 1996 ( 49 U.S.C. 47101 note), and the item relating to such section in the table of contents under section 1(b) of such Act, are repealed. Section 817 of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 47125 note), and the item relating to such section in the table of contents under section 1(b) of such Act, are repealed.
Connectionstraces to 2
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  • 60 Stat. 179
  • 84 Stat. 232
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cites case law
Sec. 223
Protecting general aviation airports from FAA closure
U.S.C.§ 47101
U.S.C.§ 47125
Stat.60 Stat. 179
Stat.84 Stat. 232
Cites 4Cited by 0 across 0 sources
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