I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Backcountry Landing 

5 Strip Access Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that aircraft landing strips— 


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1 (1) serve an essential safety function as emer2 gency landing areas; 

3 (2) serve as trailhead access points for— 

4 (A) outdoor enthusiasts and their activi5 ties, including hiking, fishing, and hunting; 

6 (B) land management activities, including 

7 forest management and firefighting; and 

8 (C) inholdings, including mining, ranching, 

9 scientific research, and tourism; 

10 (3) provide access to national parks, national 

11 forests, wilderness areas, and other Federal land for 

12 people who would otherwise be physically unable to 

13 enjoy such places; 

14 (4) support the economies of the surrounding 

15 communities by providing efficient access for visitors 

16 seeking recreational activities; and 

17 (5) serve an essential role in search and rescue, 

18 forest and ecological management, research, wildlife 

19 management, aerial mapping, firefighting, and dis20 aster relief. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

23 (1) ADMINISTRATOR.—The term ‘‘Adminis24 trator’’ means the Administrator of the Federal 

25 Aviation Administration. 


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1 (2) AIRCRAFT LANDING STRIP.—The term ‘‘air2 craft landing strip’’ means an established aircraft 

3 landing strip located on Federal land under the ad4 ministrative jurisdiction of the Secretary that is for 

5 aircraft landing and departure activities. 

6 (3) PERMANENTLY CLOSE.—The term ‘‘perma7 nently close’’ means any closure lasting more than 

8 30 consecutive days in any calendar year. 

9 (4) SECRETARY.—The term ‘‘Secretary’’ 

10 means— 

11 (A) with respect to land under the jurisdic12 tion of the Department of the Interior, the Sec13 retary of the Interior; and 

14 (B) with respect to land under the jurisdic15 tion of the Department of Agriculture, the Sec16 retary of Agriculture. 

17 SEC. 4. PROCEDURE FOR CONSIDERATION OF ACTIONS AF18 FECTING CERTAIN AIRCRAFT LANDING 

19 STRIPS. 

20 (a) IN GENERAL.—The Secretary shall not take any 

21 action that would permanently close, restrict, or render 

22 or declare as unserviceable any aircraft landing strip un23 less— 


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1 (1) the action has been approved by the head 

2 of the aviation department of the State in which the 

3 aircraft landing strip is located; 

4 (2) the Secretary publishes notice of the pro5 posed action in the Federal Register, including no6 tice that the action would permanently close, re7 strict, or render or declare as unserviceable the air8 craft landing strip; 

9 (3) the Secretary provides for a 90-day public 

10 comment period beginning on the date on which the 

11 notice under paragraph (2) is published; and 

12 (4) the Secretary and the head of the aviation 

13 department of the State in which the affected air14 craft landing strip is located have taken into consid15 eration any comments received during the comment 

16 period described in paragraph (3). 

17 (b) POLICIES.— 

18 (1) BACKCOUNTRY AVIATION POLICIES.—Not 

19 later than 2 years after the date of the enactment 

20 of this Act, the Secretary of the Interior and the 

21 Secretary of Agriculture shall jointly— 

22 (A) establish a national policy for gov23 erning backcountry aviation issues relating to 

24 the management of Federal land under the juVerDate Nov 24 2008 04:51 Apr 23, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2025.IH H2025

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1 risdiction of the Department of the Interior and 

2 the Department of Agriculture; and 

3 (B) require officials with jurisdiction over 

4 the land described in subparagraph (A) to ad5 here to the policy established pursuant to such 

6 subparagraph. 

7 (2) REQUIREMENTS.—Any policy affecting air 

8 access to an aircraft landing strip, including the pol9 icy established under paragraph (1), shall not take 

10 effect unless the policy— 

11 (A) acknowledges that the Administrator 

12 has the sole authority to control aviation and 

13 airspace over the United States; and 

14 (B) was developed after seeking and con15 sidering comments from State governments and 

16 the public. 

17 (c) MAINTENANCE OF AIRSTRIPS.— 

18 (1) IN GENERAL.—To ensure that aircraft land19 ing strips are maintained in a manner that is con20 sistent with the resource values of any adjacent 

21 area, the Secretary shall consult with— 

22 (A) the head of the aviation department of 

23 each State in which an aircraft landing strip is 

24 located; and 

25 (B) any other interested parties. 


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1 (2) COOPERATIVE AGREEMENTS.—The Sec2 retary may enter into cooperative agreements with 

3 interested parties for the maintenance of aircraft 

4 landing strips. 

5 (3) MAINTENANCE STANDARDS.—State aircraft 

6 landing strip maintenance standards shall be used as 

7 the minimum standard when such standards are 

8 available. 

9 (d) EXCHANGES OR ACQUISITIONS.— 

10 (1) CONDITIONS.—If the Federal Government 

11 acquires private or public property on which an air12 craft landing strip is located, the acquisition may 

13 not require— 

14 (A) the closure or purposeful neglect of the 

15 aircraft landing strip; or 

16 (B) any other action that would restrict 

17 the use of any aircraft landing strip. 

18 (2) AVAILABILITY.—Each private or publicly 

19 owned aircraft landing strip acquired by the Federal 

20 Government shall be made available to the general 

21 public for unrestricted use. 

22 (e) EFFECT ON FEDERAL AVIATION ADMINISTRA23 TION AUTHORITY.—Nothing in this Act may be construed 


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1 to affect the authority of the Administrator over aviation 

2 or airspace. 

Æ 


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