[Congressional Record Volume 147, Number 47 (Tuesday, April 3, 2001)]
[Senate]
[Pages S3345-S3346]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAPO (for himself, Mr. Baucus, Mr. Craig, Mr. Inhofe, Mr. 
        Murkowski, Mr. Bennett, Mr. Enzi, Mr. Stevens, and Mr. Burns):
  S. 681. A bill to help ensure general aviation aircraft access to 
Federal land and to the airspace over that land; to the Committee on 
Energy and Natural Resources.
  Mr. CRAPO. Mr. President, I am pleased to introduce today the 
Backcountry Landing Strip Access Act of 2001. Last year, Senators Craig 
and Burns, and I introduced similar legislation. Although the 
legislation did not pass, we were able to successfully attach a 
modified one-year version of our bill to the Interior Appropriations 
Conference Report for FY 2001, prohibiting federal funds from being 
used to close any airstrips on lands administered by the Department of 
the Interior. The legislation I introduce today represents a 
comprehensive, long-term solution to the problem of backcountry 
airstrips being temporarily or permanently closed. This bill will 
preserve our nation's backcountry airstrips and require a public review 
and comment period before closure of these airstrips.
  Idaho is home to more than fifty backcountry airstrips and the state 
is known nationwide for its air access to wilderness and primitive 
areas. Unfortunately, many backcountry airstrips have been closed or 
rendered unserviceable through neglect by federal agencies responsible 
for land management. These closures occur without providing the public 
with a justification for such action or an opportunity to comment on 
them.
  Our bill would address this situation by preventing the Secretary of 
Interior and the Secretary of Agriculture from permanently closing 
airstrips without first consulting with state aviation agencies and 
users. The legislation would also require that proposed closures would 
be published in the Federal Register with a ninety-day public comment 
period. The bill directs the Secretary of Interior and the Secretary of 
Agriculture, after consultation with the FAA, to adopt a nationwide 
policy governing backcountry aviation. I would like to mention that 
Congressmen C.L. ``Butch'' Otter and Jim Hansen are also promoting 
backcountry aviation access in the other body.
  This bill and its House companion include a finding of fact that 
acknowledges the role of backcountry airstrips in supporting aerial 
firefighters. This finding was not included in the versions introduced 
last year but it pays tribute to those who joined in last summer's 
firefighting and disaster relief efforts.
  For aerial firefighters backcountry airstrips are analogous to fire 
engines in a firehouse. In addition, other general aviation craft 
depend on backcountry strips to provide a safe haven in the case of 
emergency. Without the airstrips, these pilots would have little chance 
of survival while attempting an emergency landing. Furthermore, access 
to the strips ensures a fundamental American service--universal postal 
delivery. Without access to backcountry airstrips, citizens who live 
and work in remote areas would not receive their mail.
  Pilots often discover that an airstrip has been closed only when they 
attempt to use it. This represents a grave danger to those who have not 
been made aware of an airstrip's closure. This bill would ensure that 
everyone with an interest in backcountry aviation remains informed of a 
proposed closure and is allowed to comment on it.
  This bill is simply about safety and general aviation access. It does 
not reopen airstrips that have already been closed, nor does it burden 
federal officials with the responsibility to operate and maintain these 
sites. In fact, pilots themselves regularly maintain backcountry 
strips.
  The Backcountry Landing Strip Access Act does not harm our forests or 
our wilderness areas. In fact, backcountry airstrips are regularly used 
by forest officials to maintain forests and trails, conduct ecological 
management projects, and produce aerial mapping. Airstrips are located 
in remote, rugged areas of the west where there are few visitors. Many 
landing strips have no more than 3-6 takeoffs and landings in a year, 
and are mainly used for emergency landings.
  When the Frank Church Wilderness Act was established in Idaho, it 
incorporated a provision that existing landing strips cannot be closed 
permanently or rendered unserviceable without the written consent of 
the State of Idaho. This bill extends the success of the Frank Church 
Wilderness Act provision nationwide to preserve airstrips in Idaho as 
well as other states. In Idaho, we have evolved into a cooperative 
relationship with federal land managers. I believe the rest of the 
country can benefit from this philosophy of cooperation.
  I urge my colleagues to join with us in our efforts to preserve the 
remaining backcountry strips.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 681

       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.

       The Congress finds as follows:
       (1) Aircraft landing strips serve an essential safety role 
     as emergency landing areas.
       (2) Aircraft landing strips provide access to people who 
     would otherwise be physically unable to enjoy national parks, 
     national forests, and other Federal lands.
       (3) Aircraft landing strips serve an essential purpose in 
     search and rescue, forest and ecological management, 
     research, and aerial mapping.
       (4) Aircraft landing strips serve an essential role in 
     firefighting and disaster relief.
       (5) The Secretary of the Interior and the Secretary of 
     Agriculture should adopt a nationwide policy for governing 
     backcountry aviation issues related to the management of 
     Federal land under the jurisdiction of those Secretaries and 
     should require regional managers to adhere to that policy.

     SEC. 3. PROCEDURE FOR CONSIDERATION OF ACTIONS AFFECTING 
                   AIRCRAFT LANDING STRIPS.

       (a) In General.--Neither the Secretary of the Interior nor 
     the Secretary of Agriculture shall take any action which 
     would permanently close or render or declare as unserviceable 
     any aircraft landing strip located on Federal land under the 
     administrative jurisdiction of either Secretary unless--
       (1) the head of the aviation department of each State in 
     which the aircraft landing strip is located has approved the 
     action;
       (2) notice of the proposed action and the fact that the 
     action would permanently close or render or declare as 
     unserviceable the aircraft landing strip has been published 
     in the Federal Register;
       (3) a 90-day public comment period on the action has been 
     provided after the publication under paragraph (2); and
       (4) any comments received during the comment period 
     provided under paragraph (3) have been taken into 
     consideration by the Secretary of the Interior or the 
     Secretary of Agriculture, as the case may be, and the head of 
     the aviation department of each State in which the affected 
     aircraft landing strip is located.
       (b) National Policy.--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--
       (1) adopt a nationwide policy that is in accordance with 
     this Act for governing backcountry aviation issues related to 
     the management of Federal land under the jurisdiction of 
     those Secretaries; and
       (2) require regional managers to adhere to that policy.
       (c) Requirements for Policies.--A policy affecting air 
     access to an aircraft landing strip located on Federal land 
     under the jurisdiction of the Secretary of the Interior or 
     the Secretary of Agriculture, including the policy required 
     by subsection (b), shall not take effect unless the policy--
       (1) states that the Federal Aviation Administration has the 
     sole authority to control aviation and airspace over the 
     United States; and
       (2) seeks and considers comments from State governments and 
     the public.
       (d) Maintenance of Airstrips.--
       (1) In general.--The Secretary of the Interior and the 
     Secretary of Agriculture shall consult with--
       (A) the head of the aviation department of each State in 
     which an aircraft landing strip on Federal land under the 
     jurisdiction of that Secretary is located; and
       (B) other interested parties,
     to ensure that such aircraft landing strips are maintained in 
     a manner that is consistent with the resource values of the 
     adjacent area.
       (2) Cooperative agreements.--The Secretary of the Interior 
     and the Secretary of Agriculture may enter into cooperative 
     agreements with interested parties for the

[[Page S3346]]

     maintenance of aircraft landing strips located on Federal 
     land.
       (e) Exchanges or Acquisitions.--Closure or purposeful 
     neglect of any aircraft landing strip, or any other action 
     which would render any aircraft landing strip unserviceable, 
     shall not be a condition of any Federal acquisition of or 
     exchange involving private property upon which the aircraft 
     landing strip is located.
       (f) New Aircraft Landing Strips Not Created.--Nothing in 
     this Act shall be construed to create or authorize additional 
     aircraft landing strips.
       (g) Permanently Close.--For the purposes of this Act, the 
     term ``permanently close'' means any closure the duration of 
     which is more than 180 days in any calendar year.
       (h) Applicability.--
       (1) Aircraft landing strips.--This Act shall apply only to 
     established aircraft landing strips on Federal lands 
     administered by the Secretary of the Interior or the 
     Secretary of Agriculture that are commonly known and have 
     been or are consistently used for aircraft landing and 
     departure activities.
       (2) Actions, policies, exchanges, and acquisitions.--
     Subsections (a), (c), and (e) shall apply to any action, 
     policy, exchange, or acquisition, respectively, that is not 
     final on the date of the enactment of this Act.
       (i) FAA Authority Not Affected.--Nothing in this Act shall 
     be construed to affect the authority of the Federal Aviation 
     Administration over aviation or airspace.
                                 ______