[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1320 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1320

To reform apportionments to general aviation airports under the airport 
 improvement program, to improve project delivery at certain airports, 
and to designate certain airports as disaster relief airports, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 8, 2017

  Mr. Inhofe (for himself and Ms. Duckworth) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To reform apportionments to general aviation airports under the airport 
 improvement program, to improve project delivery at certain airports, 
and to designate certain airports as disaster relief 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Forward Looking 
Investment in General Aviation, Hangars, and Tarmacs Act of 2017'' or 
the ``FLIGHT Act of 2017''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. General aviation airport entitlement reform.
Sec. 3. Extending aviation development streamlining.
Sec. 4. Establishment of public-private partnership program at general 
                            aviation airports.
Sec. 5. Disaster relief airports.
Sec. 6. Airport development relating to disaster relief.
Sec. 7. Inclusion of covered aircraft construction in definition of 
                            aeronautical activity for purposes of 
                            airport improvement grants.

SEC. 2. GENERAL AVIATION AIRPORT ENTITLEMENT REFORM.

    (a) Apportionment.--Section 47114(d)(3) of title 49, United States 
Code, is amended--
            (1) by redesignating subparagraphs (A) and (B) as 
        subparagraphs (B) and (C), respectively; and
            (2) by inserting before subparagraph (B), as redesignated 
        by paragraph (1), the following:
                    ``(A) Not less than 4 percent to airports 
                designated as disaster relief airports under section 
                47145 to enhance the ability of such airports to aid in 
                disaster relief, including through funding for airport 
                development described in section 47102(3)(P).''.
    (b) Period of Availability.--Section 47117(b) of such title is 
amended by striking ``3'' and inserting ``4''.
    (c) United States Share of Project Costs.--Section 47109 of such 
title is amended by adding at the end the following:
    ``(g) General Aviation Airports.--The Government's share of 
allowable project costs may be increased by the Administrator of the 
Federal Aviation Administration to 95 percent for a project--
            ``(1) at an airport that is not a primary airport if the 
        Administrator determines that the project will increase safety 
        or security at that airport; or
            ``(2) at an airport that is categorized as a basic or 
        unclassified airport in the report of the Federal Aviation 
        Administration entitled `General Aviation Airports: A National 
        Asset' and dated May 2012.''.
    (d) Use of Apportioned Amounts.--Section 47117(e)(1) of such title 
is amended by adding at the end the following:
            ``(D) All amounts subject to apportionment for a fiscal 
        year that are not apportioned under section 47114(d), for 
        grants to sponsors of general aviation airports, reliever 
        airports, or nonprimary commercial service airports.''.

SEC. 3. EXTENDING AVIATION DEVELOPMENT STREAMLINING.

    (a) In General.--Section 47171 of title 49, United States Code, is 
amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by inserting ``general aviation airport construction or 
        improvement projects,'' after ``congested airports,'';
            (2) in subsection (b)--
                    (A) by redesignating paragraph (2) as paragraph 
                (3); and
                    (B) by inserting after paragraph (1) the following:
            ``(2) General aviation airport construction or improvement 
        project.--A general aviation airport construction or 
        improvement project shall be subject to the coordinated and 
        expedited environmental review process requirements set forth 
        in this section.'';
            (3) in subsection (c)(1), by striking ``(b)(2)'' and 
        inserting ``(b)(3)'';
            (4) in subsection (d), by striking ``(b)(2)'' and inserting 
        ``(b)(3)'';
            (5) in subsection (h), by striking ``(b)(2)'' and inserting 
        ``(b)(3)''; and
            (6) in subsection (k), by striking ``(b)(2)'' and inserting 
        ``(b)(3)''.
    (b) Definitions.--Section 47175 of such title is amended--
            (1) by redesignating paragraphs (1), (2), (3), (4), and (5) 
        as paragraphs (2), (5), (1), (3), and (4), respectively, and by 
        rearranging such paragraphs so that they appear in numerical 
        order;
            (2) by redesignating paragraph (7) as paragraph (8); and
            (3) by inserting after paragraph (6) the following:
            ``(7) General aviation airport construction or improvement 
        project.--The term `general aviation airport construction or 
        improvement project' means--
                    ``(A) a project for the construction or extension 
                of a runway, including any land acquisition, taxiway, 
                safety area, apron, or navigational aids associated 
                with the runway or runway extension, at a general 
                aviation airport, a reliever airport, or a commercial 
                service airport that is not a primary airport (as such 
                terms are defined in section 47102); and
                    ``(B) any other airport development project that 
                the Secretary designates as facilitating aviation 
                capacity building projects at a general aviation 
                airport.''.

SEC. 4. ESTABLISHMENT OF PUBLIC-PRIVATE PARTNERSHIP PROGRAM AT GENERAL 
              AVIATION AIRPORTS.

    (a) In General.--Chapter 481 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 48115. General aviation public-private partnership program
    ``(a) Small Airport Public-Private Partnership Program.--The 
Secretary of Transportation shall establish a program that meets the 
requirements under this section for improving facilities at--
            ``(1) general aviation airports; and
            ``(2) privately owned airports used or intended to be used 
        for public purposes that do not have scheduled air service.
    ``(b) Application Required.--The operator or sponsor of an airport, 
or the community in which an airport is located, seeking, on behalf of 
the airport, to participate in the program established under subsection 
(a) shall submit an application to the Secretary in such form, at such 
time, and containing such information as the Secretary may require, 
including--
            ``(1) an assessment of the needs of the airport for 
        additional or improved hangars, airport businesses, or other 
        facilities;
            ``(2) the ability of the airport to leverage private sector 
        investments on the airport or develop public-private 
        partnerships to build or improve facilities at the airport; and
            ``(3) if the application is submitted by a community, 
        evidence that the airport supports the application.
    ``(c) Limitation.--
            ``(1) State limit.--Not more than 4 airports in the same 
        State may be selected to participate in the program established 
        under subsection (a) in any fiscal year.
            ``(2) Dollar amount limit.--Not more than $500,000 shall be 
        made available for any airport in any fiscal year under the 
        program established under subsection (a).
    ``(d) Priorities.--In selecting airports for participation in the 
program established under subsection (a), the Secretary shall give 
priority to airports at which--
            ``(1) the operator or sponsor of the airport, or the 
        community in which the airport is located--
                    ``(A) will provide a portion of the cost of the 
                project for which assistance is sought under the 
                program from local sources;
                    ``(B) will employ best business practices in 
                developing or implementing a public-private 
                partnership; or
                    ``(C) has established, or will establish, a public-
                private partnership to build or improve facilities at 
                the airport; or
            ``(2) the assistance will be used in a timely fashion.
    ``(e) Types of Assistance.--The Secretary may use amounts made 
available under this section--
            ``(1) to provide assistance to market an airport to private 
        entities or individuals in order to leverage private sector 
        investments or develop public-private partnerships for the 
        purposes of building or improving hangars, businesses, or other 
        facilities at the airport;
            ``(2) to fund studies that consider what measures an 
        airport should take to attract private sector investment at the 
        airport; or
            ``(3) to participate in a partnership described in 
        paragraph (1) or an investment described in paragraph (2).
    ``(f) Authority To Make Agreements.--The Secretary may enter into 
agreements with airports and entities entering into partnerships with 
airports under this section to provide assistance under this section.
    ``(g) Availability of Amounts From Airport and Airway Trust Fund.--
            ``(1) In general.--There is authorized to be appropriated, 
        out of the Airport and Airway Trust Fund established under 
        section 9502 of the Internal Revenue Code of 1986, $5,000,000 
        for each of the fiscal years 2018 through 2022 to carry out 
        this section. Amounts appropriated pursuant to this paragraph 
        shall remain available until expended.
            ``(2) Availability.--Amounts appropriated pursuant to 
        paragraph (1)--
                    ``(A) shall remain available until expended; and
                    ``(B) shall be in addition to any amounts made 
                available pursuant to section 48103.''.
    (b) Clerical Amendment.--The analysis for chapter 481 of such title 
is amended by adding at the end the following:

``48115. General aviation public-private partnership program.''.
    (c) Expenditure Authority From Airport and Airway Trust Fund.--
Section 9502(d)(1)(A) of the Internal Revenue Code of 1986 is amended 
by inserting ``or section 47143 of title 49, United States Code'' 
before the semicolon at the end.

SEC. 5. DISASTER RELIEF AIRPORTS.

    (a) Designation of Disaster Relief Airports.--
            (1) In general.--Subchapter I of Chapter 471 is amended by 
        inserting after section 47131 the following:
``Sec. 47132. Disaster relief airports
    ``(a) Designation.--
            ``(1) In general.--The Secretary of Transportation shall 
        designate as a disaster relief airport an airport that--
                    ``(A) is categorized as a regional reliever airport 
                in the report issued by the Federal Aviation 
                Administration entitled `National Plan of Integrated 
                Airport Systems (NPIAS) 2017-2021';
                    ``(B) is within a reasonable distance, as 
                determined by the Secretary, of a hospital or 
                transplant or trauma center;
                    ``(C) is in a region that the Secretary determines 
                under subsection (b) is prone to natural disasters;
                    ``(D) has at least one paved runway with not less 
                than 3,400 feet of useable length capable of supporting 
                aircraft up to 12,500 pounds;
                    ``(E) has aircraft maintenance or servicing 
                facilities at the airport able to provide aircraft 
                fueling and light maintenance services; and
                    ``(F) has adequate taxiway and ramp space to 
                accommodate single engine or light multi-engine 
                aircraft simultaneously for loading and unloading of 
                supplies.
            ``(2) Designation in states without qualifying airports.--
        If fewer than 3 airports described in paragraph (1) are located 
        in a State, the Secretary, in consultation with aviation 
        officials of that State, shall designate not more than 3 
        general aviation airports in that State as a disaster relief 
        airport under this section.
    ``(b) Prone to Natural Disasters.--
            ``(1) In general.--For the purposes of subsection 
        (a)(1)(C), a region is prone to natural disasters if--
                    ``(A) in the case of earthquakes, there is not less 
                than a 50 percent probability that an earthquake of 
                magnitude 6 or above will occur in the region within 30 
                years, according to the United States Geological 
                Survey; and
                    ``(B) in the case of other types of natural 
                disasters, the President has declared more than 5 major 
                disasters in the region under section 401 of the Robert 
                T. Stafford Disaster Relief and Emergency Assistance 
                Act (42 U.S.C. 5170), according to the most recent map 
                of the Federal Emergency Management Agency.
            ``(2) Natural disaster defined.--For the purposes of this 
        section, the term `natural disaster' includes a hurricane, 
        tornado, severe storm, high water, wind-driven water, tidal 
        wave, tsunami, earthquake, volcanic eruption, landslide, 
        mudslide, snowstorm, drought, or wildfire.
    ``(c) Requirements.--
            ``(1) Operation and maintenance.--
                    ``(A) In general.--A disaster relief airport and 
                the facilities and fixed-based operators on or 
                connected with the airport shall be operated and 
                maintained in a manner the Secretary consider suitable 
                for disaster relief.
                    ``(B) Exclusion.--A disaster relief airport shall 
                not be considered to be in violation of subparagraph 
                (A) if a runway is unuseable because the runway is 
                under scheduled maintenance or is in need of necessary 
                repairs.
            ``(2) Compliance with assurances on airport operations.--A 
        disaster relief airport shall comply with the provisions of 
        section 47107 without regard whether the airport has received a 
        project grant under this subchapter.
            ``(3) Natural disaster management plan.--A disaster relief 
        airport shall develop an emergency natural disaster management 
        plan in coordination with local emergency response teams and 
        first responders.
    ``(d) Civil Penalty.--A public agency that knowingly violates this 
section shall be liable to the United States Government for a civil 
penalty of not more than $10,000 for each day of the violation.
    ``(e) Consideration for Project Grants.--The Secretary shall give 
consideration to the role an airport plays in disaster relief when 
determining whether to provide a grant for the airport under this 
subchapter.
    ``(f) Applicability of Other Laws.--This section shall apply 
notwithstanding any other law, rule, regulation, or agreement.''.
    (b) Clerical Amendment.--The analysis for chapter 471 of such title 
is amended by inserting after the item relating to section 47131 the 
following:

``47132. Disaster relief airports.''.

SEC. 6. AIRPORT DEVELOPMENT RELATING TO DISASTER RELIEF.

    Section 47102(3) of title 49, United States Code, is amended by 
adding at the end the following:
                    ``(P) planning, acquiring, or constructing at an 
                airport designated as a disaster relief airport under 
                section 47145, including--
                            ``(i) planning for disaster preparedness 
                        associated with maintaining airport operations 
                        during a natural disaster;
                            ``(ii) airport communication equipment and 
                        fixed emergency generators that are not able to 
                        be acquired by programs funded under the 
                        Department of Homeland Security; and
                            ``(iii) constructing, expanding, and 
                        improving airfield infrastructure to include 
                        aprons and terminal buildings the Secretary 
                        determines will facilitate disaster response at 
                        the airport.''.

SEC. 7. INCLUSION OF COVERED AIRCRAFT CONSTRUCTION IN DEFINITION OF 
              AERONAUTICAL ACTIVITY FOR PURPOSES OF AIRPORT IMPROVEMENT 
              GRANTS.

    Section 47107 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(u) Construction of Recreational Aircraft.--
            ``(1) In general.--The construction of a covered aircraft 
        shall be treated as an aeronautical activity for purposes of--
                    ``(A) determining an airport's compliance with a 
                grant assurance made under this section or any other 
                provision of law; and
                    ``(B) the receipt of Federal financial assistance 
                for airport development.
            ``(2) Covered aircraft defined.--In this subsection, the 
        term `covered aircraft' means an aircraft--
                    ``(A) used or intended to be used exclusively for 
                recreational purposes; and
                    ``(B) constructed or under construction, repair, or 
                restoration by a private individual at a general 
                aviation airport.''.
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