[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2108 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2108

 To ensure general aviation aircraft access to Federal land and to the 
                      airspace over Federal land.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 15, 2005

 Mr. Crapo (for himself and Mr. Craig) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To ensure general aviation aircraft access to Federal land and to the 
                      airspace over Federal land.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Backcountry Landing Strip Access 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) aircraft landing strips--
                    (A) serve an essential safety role as emergency 
                landing areas;
                    (B) provide access to people who would otherwise be 
                physically unable to enjoy national parks, national 
                forests, wilderness areas, and other Federal land;
                    (C) support State economies by providing efficient 
                access for visitors seeking recreational activities; 
                and
                    (D) serve an essential role in search and rescue, 
                forest and ecological management, research, wildlife 
                management, aerial mapping, firefighting, and disaster 
                relief; and
            (2) the Secretary of the Interior and the Secretary of 
        Agriculture should--
                    (A) adopt a nationwide policy for governing 
                backcountry aviation issues relating to the management 
                of Federal land under the jurisdiction of the 
                Secretaries; and
                    (B) require regional managers to comply with the 
                policy adopted under subparagraph (A).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) Aircraft landing strip.--The term ``aircraft landing 
        strip'' means an established aircraft landing strip located on 
        Federal land under the administrative jurisdiction of the 
        Secretary that is commonly known, and has been or is 
        consistently used, for aircraft landing and departure 
        activities.
            (3) Permanently close.--The term ``permanently close'' 
        means any closure, the duration of which is more than 90 days 
        in any calendar year.
            (4) Secretary.--The term ``Secretary'' means--
                    (A) with respect to land under the jurisdiction of 
                the Secretary of the Interior, the Secretary of the 
                Interior; and
                    (B) with respect to land under the jurisdiction of 
                the Secretary of Agriculture, the Secretary of 
                Agriculture.

SEC. 4. PROCEDURE FOR CONSIDERATION OF ACTIONS AFFECTING CERTAIN 
              AIRCRAFT LANDING STRIPS.

    (a) In General.--The Secretary shall not take any action that would 
permanently close, restrict, or render or declare as unserviceable any 
aircraft landing strip unless--
            (1) the head of the aviation department of each State in 
        which the aircraft landing strip is located approves the 
        action;
            (2) the Secretary publishes in the Federal Register notice 
        of the proposed action, including notice that the action would 
        permanently close, restrict, or render or declare as 
        unserviceable the aircraft landing strip;
            (3) the Secretary provides for a 90-day public comment 
        period beginning on the date of publication of the notice under 
        paragraph (2); and
            (4) the Secretary and the head of the aviation department 
        of each State in which the affected aircraft landing strip is 
        located have taken into consideration any comments received 
        during the comment period under paragraph (3).
    (b) Policies.--
            (1) Backcountry aviation policies.--Not later than 2 years 
        after the date of enactment of this Act, the Secretaries 
        shall--
                    (A) adopt a nationwide policy for governing 
                backcountry aviation issues relating to the management 
                of Federal land under the jurisdiction of the 
                Secretaries; and
                    (B) require regional managers to adhere to the 
                policy adopted under subparagraph (A).
            (2) Requirements.--Any policy affecting air access to an 
        aircraft landing strip, including the policy adopted under 
        paragraph (1), shall not take effect unless the policy--
                    (A) states that the Administrator has the sole 
                authority to control aviation and airspace over the 
                United States; and
                    (B) seeks and considers comments from State 
                governments and the public.
    (c) Maintenance of Airstrips.--
            (1) In general.--To ensure that aircraft landing strips are 
        maintained in a manner that is consistent with the resource 
        values of any adjacent area, the Secretary shall consult with--
                    (A) the head of the aviation department of each 
                State in which an aircraft landing strip is located; 
                and
                    (B) any other interested parties.
            (2) Cooperative agreements.--The Secretary may enter into 
        cooperative agreements with interested parties for the 
        maintenance of aircraft landing strips.
    (d) Exchanges or Acquisitions.--There shall not be as a condition 
of any Federal acquisition of, or exchange involving, private property 
on which a landing strip is located--
            (1) the closure or purposeful neglect of the landing strip; 
        or
            (2) any other action that would restrict use or render any 
        landing strip unserviceable.
    (e) Applicability.--Subsections (a), (b)(2), and (d) shall apply to 
any action, policy, exchange, or acquisition, respectively, that is not 
final on the date of enactment of this Act.
    (f) Effect on Federal Aviation Administration Authority.--Nothing 
in this Act affects the authority of the Administrator over aviation or 
airspace.
                                 <all>