[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2440 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                                                       October 4, 1994.
      Resolved, That the House agree to the amendment of the Senate to 
the bill (H.R. 2440) entitled ``An Act to amend the Independent Safety 
Board Act of 1974 to authorize appropriations for fiscal years 1994, 
1995, and 1996, and for other purposes'' with the following

                               AMENDMENT:

        In lieu of the matter proposed by said amendment, insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Independent Safety Board Act 
Amendments of 1994''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    Section 1118(a) of title 49, United States Code, is amended to read 
as follows:
    ``(a) In General.--There is authorized to be appropriated for the 
purposes of this chapter $37,580,000 for fiscal year 1994, $44,000,000 
for fiscal year 1995, and $45,100,000 for fiscal year 1996. Such sums 
shall remain available until expended.''.

SEC. 3. APPLICABILITY OF CERTAIN REGULATIONS AND REQUIREMENTS TO THE 
              OPERATION OF PUBLIC AIRCRAFT.

    (a) Definition of Public Aircraft.--Section 40102(a)(37) of title 
49, United States Code, is amended by striking subparagraph (B) and 
inserting the following:
                    ``(B) does not include a government-owned 
                aircraft--
                            ``(i) transporting property for commercial 
                        purposes; or
                            ``(ii) transporting passengers other than--
                                    ``(I) transporting (for other than 
                                commercial purposes) crewmembers or 
                                other persons aboard the aircraft whose 
                                presence is required to perform, or is 
                                associated with the performance of, a 
                                governmental function such as 
                                firefighting, search and rescue, law 
                                enforcement, aeronautical research, or 
                                biological or geological resource 
                                management; or
                                    ``(II) transporting (for other than 
                                commercial purposes) persons aboard the 
                                aircraft if the aircraft is operated by 
                                the Armed Forces or an intelligence 
                                agency of the United States.
                An aircraft described in the preceding sentence shall, 
                notwithstanding any limitation relating to use of the 
                aircraft for commercial purposes, be considered to be a 
                public aircraft for the purposes of this part without 
                regard to whether the aircraft is operated by a unit of 
                government on behalf of another unit of government, 
                pursuant to a cost reimbursement agreement between such 
                units of government, if the unit of government on whose 
                behalf the operation is conducted certifies to the 
                Administrator of the Federal Aviation Administration 
                that the operation was necessary to respond to a 
                significant and imminent threat to life or property 
                (including natural resources) and that no service by a 
                private operator was reasonably available to meet the 
                threat.''.
    (b) Authority To Grant Exemptions.--
            (1) In general.--The Administrator of the Federal Aviation 
        Administration may grant an exemption to any unit of Federal, 
        State, or local government from any requirement of part A of 
        subtitle VII of title 49, United States Code, that would 
        otherwise be applicable to current or future aircraft of such 
        unit of government as a result of the amendment made by 
        subsection (a) of this section.
            (2) Requirements.--The Administrator may grant an exemption 
        under paragraph (1) only if--
                    (A) the Administrator finds that granting the 
                exemption is necessary to prevent an undue economic 
                burden on the unit of government; and
                    (B) the Administrator certifies that the aviation 
                safety program of the unit of government is effective 
                and appropriate to ensure safe operations of the type 
                of aircraft operated by the unit of government.
    (c) Investigative Authority of Board.--
            (1) Accidents involving public aircraft.--Section 
        1131(a)(1)(A) of title 49, United States Code, is amended by 
        inserting before the semicolon at the end the following: ``or 
        an aircraft accident involving a public aircraft as defined by 
        section 40102(a)(37) of this title other than an aircraft 
        operated by the Armed Forces or by an intelligence agency of 
        the United States''.
            (2) Duties and powers.--Section 1131 of title 49, United 
        States Code, is amended--
                    (A) by redesignating subsection (d) as subsection 
                (e); and
                    (B) by inserting after subsection (c) the 
                following:
    ``(d) Accidents Involving Public Aircraft.--The Board, in 
furtherance of its investigative duties with respect to public aircraft 
accidents under subsection (a)(1)(A) of this section, shall have the 
same duties and powers as are specified for civil aircraft accidents 
under sections 1132(a), 1132(b), and 1134(b)(2) of this title.''.
    (d) Effective Date.--The amendments made by subsections (a) and (c) 
shall take effect on the 180th day following the date of the enactment 
of this Act.

SEC. 4. RELEASE OF RESERVATIONS AND RESTRICTIONS ON CERTAIN PROPERTY 
              LOCATED IN RAPIDES PARISH, LOUISIANA.

    (a) Release.--Notwithstanding any other provision of law, and 
except as provided in subsections (b) and (d), the United States 
releases without consideration all reservations, restrictions, 
conditions, and limitations on the use, encumbrance, or conveyance of 
certain real property (together with any improvements thereon and 
easements appurtenant thereto) consisting of approximately 1,991.53 
acres of land and located in Rapides Parish, Louisiana, the location of 
Esler Field, as identified in the deed of conveyance from the United 
States to the Parish of Rapides, Louisiana, dated January 23, 1958, to 
the extent such reservations, restrictions, conditions, and limitations 
are enforceable by the United States.
    (b) Exceptions.--The United States reserves the right of reentry 
upon or use of the property described in subsection (a) for national 
defense purposes in time of war or other national emergency without 
charge. The release provided by subsection (a) does not apply to any 
conditions or assurances associated with (1) the continued nonexclusive 
use without charge of the airport and use of space at the airport, 
without charge, by the Louisiana National Guard, (2) the nonexclusive 
use of the airport by transient military aircraft without charge, or 
(3) the nonexclusive use of the airport by transient military aircraft 
without charge during periods of maneuvers.
    (c) Limitation on Statutory Construction.--Nothing in this section 
shall be construed to affect the disposition or ownership of oil, gas, 
or other mineral resources either in or under the surface of the real 
property described in subsection (a).
    (d) Federal Aviation Administration.--
            (1) Nonapplicability of release to grant agreements.--The 
        release described in subsection (a) does not apply to any 
        conditions and assurances associated with existing airport 
        grant agreements between the Rapides Parish Airport Authority/
        Esler Field and the Federal Aviation Administration.
            (2) Agreement.--Notwithstanding any other provisions of 
        law, the Administrator of the Federal Aviation Administration 
        shall enter into an agreement with the Airport Authority of 
        Rapides Parish, Louisiana, to provide for the terms and 
        conditions under which the real property described in 
        subsection (a) may be used, leased, sold, or otherwise 
        disposed. The agreement shall be concluded not later than 180 
        days after the date of the enactment of this Act.
    (e) Effective Date.--This section shall take effect on the 180th 
day following the date of the enactment of this Act.

            Attest:






                                                                 Clerk.
103d CONGRESS

  2d Session

                               H. R. 2440

_______________________________________________________________________

                               AMENDMENT

                                   TO

                            SENATE AMENDMENT