[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2025 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2025
To ensure public access to Federal land and to the airspace over
Federal land.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 22, 2009
Mr. Minnick (for himself and Mr. Simpson) introduced the following
bill; which was referred to the Committee on Natural Resources, and in
addition to the Committees on Agriculture and Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To ensure public 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 aircraft landing strips--
(1) serve an essential safety function as emergency landing
areas;
(2) serve as trailhead access points for--
(A) outdoor enthusiasts and their activities,
including hiking, fishing, and hunting;
(B) land management activities, including forest
management and firefighting; and
(C) inholdings, including mining, ranching,
scientific research, and tourism;
(3) provide access to national parks, national forests,
wilderness areas, and other Federal land for people who would
otherwise be physically unable to enjoy such places;
(4) support the economies of the surrounding communities by
providing efficient access for visitors seeking recreational
activities; and
(5) serve an essential role in search and rescue, forest
and ecological management, research, wildlife management,
aerial mapping, firefighting, and disaster relief.
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 for aircraft landing and departure
activities.
(3) Permanently close.--The term ``permanently close''
means any closure lasting more than 30 consecutive days in any
calendar year.
(4) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of
the Department of the Interior, the Secretary of the
Interior; and
(B) with respect to land under the jurisdiction of
the Department 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 action has been approved by the head of the
aviation department of the State in which the aircraft landing
strip is located;
(2) the Secretary publishes notice of the proposed action
in the Federal Register, 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 on which the notice under
paragraph (2) is published; and
(4) the Secretary and the head of the aviation department
of the State in which the affected aircraft landing strip is
located have taken into consideration any comments received
during the comment period described in paragraph (3).
(b) Policies.--
(1) Backcountry aviation policies.--Not later than 2 years
after the date of the enactment of this Act, the Secretary of
the Interior and the Secretary of Agriculture shall jointly--
(A) establish a national policy for governing
backcountry aviation issues relating to the management
of Federal land under the jurisdiction of the
Department of the Interior and the Department of
Agriculture; and
(B) require officials with jurisdiction over the
land described in subparagraph (A) to adhere to the
policy established pursuant to such subparagraph.
(2) Requirements.--Any policy affecting air access to an
aircraft landing strip, including the policy established under
paragraph (1), shall not take effect unless the policy--
(A) acknowledges that the Administrator has the
sole authority to control aviation and airspace over
the United States; and
(B) was developed after seeking and considering
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.
(3) Maintenance standards.--State aircraft landing strip
maintenance standards shall be used as the minimum standard
when such standards are available.
(d) Exchanges or Acquisitions.--
(1) Conditions.--If the Federal Government acquires private
or public property on which an aircraft landing strip is
located, the acquisition may not require--
(A) the closure or purposeful neglect of the
aircraft landing strip; or
(B) any other action that would restrict the use of
any aircraft landing strip.
(2) Availability.--Each private or publicly owned aircraft
landing strip acquired by the Federal Government shall be made
available to the general public for unrestricted use.
(e) Effect on Federal Aviation Administration Authority.--Nothing
in this Act may be construed to affect the authority of the
Administrator over aviation or airspace.
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