Sec. 136. AGREEMENTS GRANTING THROUGH-THE-FENCE ACCESS TO GENERAL AVIATION AIRPORTS
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## SEC. 136 AGREEMENTS GRANTING THROUGH-THE-FENCE ACCESS TO GENERAL AVIATION AIRPORTS ###
(a)In General Section 47107 is amended by adding at the end the following: > > ### “(t) Agreements Granting Through-The-Fence Access to General Aviation Airports > > > #### “(1) In general > > Subject to paragraph (2), a sponsor of a general aviation airport shall not be considered to be in violation of this subtitle, or to be 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 enters into an agreement that grants to a person that owns residential real property adjacent to or near the airport access to the airfield of the airport for the following: > > > ##### “(A) > > Aircraft of the person. > > > ##### “(B) > > Aircraft authorized by the person. > > > #### “(2) Through-the-fence agreements > > > ##### “(A) In general > > An agreement described in paragraph
(1)between an airport sponsor and a property owner (or an association representing such property owner) shall be a written agreement that prescribes the rights, responsibilities, charges, duration, and other terms the airport sponsor determines are necessary to establish and manage the airport sponsor’s relationship with the property owner. > > > ##### “(B) Terms and conditions > > An agreement described in paragraph
(1)between an airport sponsor and a property owner (or an association representing such property owner) shall require the property owner, at minimum— > > > ###### “(i) > > to pay airport access charges that, as determined by the airport sponsor, are comparable to those charged to tenants and operators on-airport making similar use of the airport; > > > ###### “(ii) > > to bear the cost of building and maintaining the infrastructure that, as determined by the airport sponsor, is necessary to provide aircraft located on the property adjacent to or near the airport access to the airfield of the airport; > > > ###### “(iii) > > to maintain the property for residential, noncommercial use for the duration of the agreement; > > > ###### “(iv) > > to prohibit access to the airport from other properties through the property of the property owner; and > > > ###### “(v) > > to prohibit any aircraft refueling from occurring on the property.” > . ###
(b)Applicability **[**[49 U.S.C. 47107 note](/us/usc/t49/s47107)**]** The amendment made by subsection
(a)shall apply to an agreement between an airport sponsor and a property owner (or an association representing such property owner) entered into before, on, or after the date of enactment of this Act.
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Sec. 136
AGREEMENTS GRANTING THROUGH-THE-FENCE ACCESS TO GENERAL AVIATION AIRPORTS
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