Sec. 706. COMMUNITY USE OF AIRPORT LAND
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/statute-compilations/comps-17764/sec-706A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 706 COMMUNITY USE OF AIRPORT LAND Section 47107(v) of title 49, United States Code, is amended to read as follows: > > ### “(v) Community Use of Airport Land > > > #### “(1) In general > > Notwithstanding subsections (a)(13), (b), and
(c)and section 47133, 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— > > > ##### “(A) > > 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; or > > > ##### “(B) > > permanently restricted the use of airport property to compatible recreational and public park use without paying or otherwise obtaining payment of fair market value for the property. > > > #### “(2) Restrictions > > > ##### “(A) Interim compatible recreational purpose > > Paragraph
(1)shall apply, with respect to a sponsor that has taken the action described in subparagraph
(A)of such paragraph, only— > > > ###### “(i) > > 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; > > > ###### “(ii) > > 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; > > > ###### “(iii) > > to airport property that was purchased using funds from a Federal grant for acquiring land issued prior to January 1, 1989; > > > ###### “(iv) > > 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; > > > ###### “(v) > > 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; > > > ###### “(vi) > > if the recreational purpose will not impact the aeronautical use of the airport; > > > ###### “(vii) > > if the airport sponsor provides a certification that the sponsor is not responsible for preparation, startup, operations, maintenance, or any other costs associated with the recreational purpose; and > > > ###### “(viii) > > if the recreational purpose is consistent with Federal land use compatibility criteria under section 47502. > > > ##### “(B) Recreational use > > Paragraph
(1)shall apply, with respect to a sponsor that has taken the action described in subparagraph
(B)of such paragraph, only— > > > ###### “(i) > > to airport property that was purchased using funds from a Federal grant for acquiring land issued prior to January 1, 1989; > > > ###### “(ii) > > to airport property that has been continuously leased or licensed through a written agreement with a governmental entity or non-profit entity for recreational or public park uses since July 1, 2003; > > > ###### “(iii) > > if the airport sponsor has provided a written statement to the Administrator that the recreational or public park use does not impact the aeronautical use of the airport and that the property to be permanently restricted for recreational or public park use is not needed for any aeronautical use at the time the written statement is provided and is not expected to be needed for any aeronautical use at any time after such statement is provided; > > > ###### “(iv) > > if the airport sponsor provides a certification to the Administrator that the sponsor is not responsible for operations, maintenance, or any other costs associated with the recreational or public park use; > > > ###### “(v) > > if the recreational purpose is consistent with Federal land use compatibility criteria under section 47502; and > > > ###### “(vi) > > if the airport sponsor will— > > > ###### “(I) > > lease the property to a local government entity or non-profit entity to operate and maintain the property at no cost to the airport sponsor; or > > > ###### “(II) > > transfer title to the property to a local government entity subject to a permanent deed restriction ensuring compatible airport use under regulations issued pursuant to section 47502. > > > #### “(3) Revenue from certain sales of airport property > > Notwithstanding any other provision of law, an airport sponsor leasing or selling a portion of airport property as described in paragraph (2)(B)(vi) may— > > > ##### “(A) > > lease or sell such portion of airport property for less than fair market value; and > > > ##### “(B) > > subject to the requirements of subsection (b), retain the revenue from the lease or sale of such portion of airport property for use in accordance with section 47133. > > > #### “(4) Secretary review and approval > > Notwithstanding any other provision of law, and subject to the sponsor providing a written statement certifying such sponsor meets the requirements under this subsection, no actions permitted under this subsection shall require the review or approval of the Secretary of Transportation. > > > #### “(5) Statutory construction > > 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. > > > #### “(6) Aeronautical use; aeronautical purpose defined > > In this subsection, the terms ‘aeronautical use’ and ‘aeronautical purpose’— > > > ##### “(A) > > mean all activities that involve or are directly related to the operation of aircraft, including activities that make the operation of aircraft possible and safe; > > > ##### “(B) > > include services located at an airport that are directly and substantially related to the movement of passengers, baggage, mail, and cargo; and > > > ##### “(C) > > do not include any uses of an airport that are not described in subparagraph
(A)or (B), including any aviation-related uses that do not need to be located at an airport, such as flight kitchens and airline reservation centers.” > .