[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4815 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4815

   To amend title 49, United States Code, to allow through-the-fence 
      access to general aviation airports, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 2010

   Mr. Graves (for himself, Mr. Boswell, Mr. Ehlers, and Mr. Petri) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
   To amend title 49, United States Code, to allow through-the-fence 
      access to general aviation airports, and for other purposes.

    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 ``Community Airport Access and 
Protection Act of 2010''.

SEC. 2. AGREEMENTS GRANTING THROUGH-THE-FENCE ACCESS TO GENERAL 
              AVIATION AIRPORTS.

    (a) In General.--Section 47107 of title 49, United States Code, 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 real 
        property adjacent to the airport, including any residential, 
        nonresidential, or commercial property, access for aircraft 
        located on that property to the airfield of the airport.
            ``(2) Through the fence agreements.--
                    ``(A) In general.--An agreement described in 
                paragraph (1) between an airport sponsor and a property 
                owner shall be a written agreement that prescribes the 
                rights, responsibilities, charges, duration, and other 
                terms determined 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 shall require the property owner, at 
                minimum--
                            ``(i) to pay airport access charges that 
                        are not less than 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 necessary to 
                        provide aircraft located on the property 
                        adjacent to the airport access to the airfield 
                        of the airport; and
                            ``(iii) to operate and maintain the 
                        property, and conduct any construction 
                        activities on the property, at no cost to the 
                        airport and in a manner that--
                                    ``(I) is consistent with 
                                subsections (a)(7) and (a)(9);
                                    ``(II) does not alter the airport, 
                                including the facilities of the 
                                airport;
                                    ``(III) does not adversely affect 
                                the safety, utility, or efficiency of 
                                the airport;
                                    ``(IV) is compatible with the 
                                normal operations of the airport; and
                                    ``(V) is consistent with the 
                                airport's role in the National Plan of 
                                Integrated Airport Systems.
            ``(3) General aviation airport defined.--In this 
        subsection, the term `general aviation airport' means a public 
        airport that is located in a State and that, as determined by 
        the Secretary of Transportation--
                    ``(A) does not have scheduled service; or
                    ``(B) has scheduled service with less than 2,500 
                passenger boardings each year.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to an agreement between an airport sponsor and a property owner 
entered into before, on, or after the date of enactment of this Act.
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