II 

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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Forward Looking Investment in General Aviation, Hang6 ars, and Tarmacs Act of 2017’’ or the ‘‘FLIGHT Act of 

7 2017’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. 

3 SEC. 2. GENERAL AVIATION AIRPORT ENTITLEMENT RE4 FORM. 

5 (a) APPORTIONMENT.—Section 47114(d)(3) of title 

6 49, United States Code, is amended— 

7 (1) by redesignating subparagraphs (A) and 

8 (B) as subparagraphs (B) and (C), respectively; and 

9 (2) by inserting before subparagraph (B), as re10 designated by paragraph (1), the following: 

11 ‘‘(A) Not less than 4 percent to airports 

12 designated as disaster relief airports under sec13 tion 47145 to enhance the ability of such air14 ports to aid in disaster relief, including through 

15 funding for airport development described in 

16 section 47102(3)(P).’’. 

17 (b) PERIOD OF AVAILABILITY.—Section 47117(b) of 

18 such title is amended by striking ‘‘3’’ and inserting ‘‘4’’. 

19 (c) UNITED STATES SHARE OF PROJECT COSTS.— 

20 Section 47109 of such title is amended by adding at the 

21 end the following: 


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1 ‘‘(g) GENERAL AVIATION AIRPORTS.—The Govern2 ment’s share of allowable project costs may be increased 

3 by the Administrator of the Federal Aviation Administra4 tion to 95 percent for a project— 

5 ‘‘(1) at an airport that is not a primary airport 

6 if the Administrator determines that the project will 

7 increase safety or security at that airport; or 

8 ‘‘(2) at an airport that is categorized as a basic 

9 or unclassified airport in the report of the Federal 

10 Aviation Administration entitled ‘General Aviation 

11 Airports: A National Asset’ and dated May 2012.’’. 

12 (d) USE OF APPORTIONED AMOUNTS.—Section 

13 47117(e)(1) of such title is amended by adding at the end 

14 the following: 

15 ‘‘(D) All amounts subject to apportionment for 

16 a fiscal year that are not apportioned under section 

17 47114(d), for grants to sponsors of general aviation 

18 airports, reliever airports, or nonprimary commercial 

19 service airports.’’. 

20 SEC. 3. EXTENDING AVIATION DEVELOPMENT STREAM21 LINING. 

22 (a) IN GENERAL.—Section 47171 of title 49, United 

23 States Code, is amended— 

24 (1) in subsection (a), in the matter preceding 

25 paragraph (1), by inserting ‘‘general aviation airport 


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1 construction or improvement projects,’’ after ‘‘con2 gested airports,’’; 

3 (2) in subsection (b)— 

4 (A) by redesignating paragraph (2) as 

5 paragraph (3); and 

6 (B) by inserting after paragraph (1) the 

7 following: 

8 ‘‘(2) GENERAL AVIATION AIRPORT CONSTRUC9 TION OR IMPROVEMENT PROJECT.—A general avia10 tion airport construction or improvement project 

11 shall be subject to the coordinated and expedited en12 vironmental review process requirements set forth in 

13 this section.’’; 

14 (3) in subsection (c)(1), by striking ‘‘(b)(2)’’ 

15 and inserting ‘‘(b)(3)’’; 

16 (4) in subsection (d), by striking ‘‘(b)(2)’’ and 

17 inserting ‘‘(b)(3)’’; 

18 (5) in subsection (h), by striking ‘‘(b)(2)’’ and 

19 inserting ‘‘(b)(3)’’; and 

20 (6) in subsection (k), by striking ‘‘(b)(2)’’ and 

21 inserting ‘‘(b)(3)’’. 

22 (b) DEFINITIONS.—Section 47175 of such title is 

23 amended— 

24 (1) by redesignating paragraphs (1), (2), (3), 

25 (4), and (5) as paragraphs (2), (5), (1), (3), and 


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1 (4), respectively, and by rearranging such para2 graphs so that they appear in numerical order; 

3 (2) by redesignating paragraph (7) as para4 graph (8); and 

5 (3) by inserting after paragraph (6) the fol6 lowing: 

7 ‘‘(7) GENERAL AVIATION AIRPORT CONSTRUC8 TION OR IMPROVEMENT PROJECT.—The term ‘gen9 eral aviation airport construction or improvement 

10 project’ means— 

11 ‘‘(A) a project for the construction or ex12 tension of a runway, including any land acquisi13 tion, taxiway, safety area, apron, or naviga14 tional aids associated with the runway or run15 way extension, at a general aviation airport, a 

16 reliever airport, or a commercial service airport 

17 that is not a primary airport (as such terms are 

18 defined in section 47102); and 

19 ‘‘(B) any other airport development project 

20 that the Secretary designates as facilitating 

21 aviation capacity building projects at a general 

22 aviation airport.’’. 


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1 SEC. 4. ESTABLISHMENT OF PUBLIC-PRIVATE PARTNER2 SHIP PROGRAM AT GENERAL AVIATION AIR3 PORTS. 

4 (a) IN GENERAL.—Chapter 481 of title 49, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 48115. General aviation public-private partnership 

8 program 

9 ‘‘(a) SMALL AIRPORT PUBLIC-PRIVATE PARTNER10 SHIP PROGRAM.—The Secretary of Transportation shall 

11 establish a program that meets the requirements under 

12 this section for improving facilities at— 

13 ‘‘(1) general aviation airports; and 

14 ‘‘(2) privately owned airports used or intended 

15 to be used for public purposes that do not have 

16 scheduled air service. 

17 ‘‘(b) APPLICATION REQUIRED.—The operator or 

18 sponsor of an airport, or the community in which an air19 port is located, seeking, on behalf of the airport, to partici20 pate in the program established under subsection (a) shall 

21 submit an application to the Secretary in such form, at 

22 such time, and containing such information as the Sec23 retary may require, including— 

24 ‘‘(1) an assessment of the needs of the airport 

25 for additional or improved hangars, airport busi26 nesses, or other facilities; 


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1 ‘‘(2) the ability of the airport to leverage pri2 vate sector investments on the airport or develop 

3 public-private partnerships to build or improve facili4 ties at the airport; and 

5 ‘‘(3) if the application is submitted by a com6 munity, evidence that the airport supports the appli7 cation. 

8 ‘‘(c) LIMITATION.— 

9 ‘‘(1) STATE LIMIT.—Not more than 4 airports 

10 in the same State may be selected to participate in 

11 the program established under subsection (a) in any 

12 fiscal year. 

13 ‘‘(2) DOLLAR AMOUNT LIMIT.—Not more than 

14 $500,000 shall be made available for any airport in 

15 any fiscal year under the program established under 

16 subsection (a). 

17 ‘‘(d) PRIORITIES.—In selecting airports for participa18 tion in the program established under subsection (a), the 

19 Secretary shall give priority to airports at which— 

20 ‘‘(1) the operator or sponsor of the airport, or 

21 the community in which the airport is located— 

22 ‘‘(A) will provide a portion of the cost of 

23 the project for which assistance is sought under 

24 the program from local sources; 


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1 ‘‘(B) will employ best business practices in 

2 developing or implementing a public-private 

3 partnership; or 

4 ‘‘(C) has established, or will establish, a 

5 public-private partnership to build or improve 

6 facilities at the airport; or 

7 ‘‘(2) the assistance will be used in a timely 

8 fashion. 

9 ‘‘(e) TYPES OF ASSISTANCE.—The Secretary may 

10 use amounts made available under this section— 

11 ‘‘(1) to provide assistance to market an airport 

12 to private entities or individuals in order to leverage 

13 private sector investments or develop public-private 

14 partnerships for the purposes of building or improv15 ing hangars, businesses, or other facilities at the air16 port; 

17 ‘‘(2) to fund studies that consider what meas18 ures an airport should take to attract private sector 

19 investment at the airport; or 

20 ‘‘(3) to participate in a partnership described in 

21 paragraph (1) or an investment described in para22 graph (2). 

23 ‘‘(f) AUTHORITY TO MAKE AGREEMENTS.—The Sec24 retary may enter into agreements with airports and entiVerDate Sep 11 2014 23:23 Jun 16, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1320.IS S1320

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1 ties entering into partnerships with airports under this 

2 section to provide assistance under this section. 

3 ‘‘(g) AVAILABILITY OF AMOUNTS FROM AIRPORT

4 AND AIRWAY TRUST FUND.— 

5 ‘‘(1) IN GENERAL.—There is authorized to be 

6 appropriated, out of the Airport and Airway Trust 

7 Fund established under section 9502 of the Internal 

8 Revenue Code of 1986, $5,000,000 for each of the 

9 fiscal years 2018 through 2022 to carry out this sec10 tion. Amounts appropriated pursuant to this para11 graph shall remain available until expended. 

12 ‘‘(2) AVAILABILITY.—Amounts appropriated 

13 pursuant to paragraph (1)— 

14 ‘‘(A) shall remain available until expended; 

15 and 

16 ‘‘(B) shall be in addition to any amounts 

17 made available pursuant to section 48103.’’. 

18 (b) CLERICAL AMENDMENT.—The analysis for chap19 ter 481 of such title is amended by adding at the end the 

20 following: 

‘‘48115. General aviation public-private partnership program.’’. 

21 (c) EXPENDITURE AUTHORITY FROM AIRPORT AND

22 AIRWAY TRUST FUND.—Section 9502(d)(1)(A) of the In23 ternal Revenue Code of 1986 is amended by inserting ‘‘or 

24 section 47143 of title 49, United States Code’’ before the 

25 semicolon at the end. 


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1 SEC. 5. DISASTER RELIEF AIRPORTS. 

2 (a) DESIGNATION OF DISASTER RELIEF AIR3 PORTS.— 

4 (1) IN GENERAL.—Subchapter I of Chapter 

5 471 is amended by inserting after section 47131 the 

6 following: 

7 ‘‘§ 47132. Disaster relief airports 

8 ‘‘(a) DESIGNATION.— 

9 ‘‘(1) IN GENERAL.—The Secretary of Transpor10 tation shall designate as a disaster relief airport an 

11 airport that— 

12 ‘‘(A) is categorized as a regional reliever 

13 airport in the report issued by the Federal 

14 Aviation Administration entitled ‘National Plan 

15 of Integrated Airport Systems (NPIAS) 2017– 

16 2021’; 

17 ‘‘(B) is within a reasonable distance, as de18 termined by the Secretary, of a hospital or 

19 transplant or trauma center; 

20 ‘‘(C) is in a region that the Secretary de21 termines under subsection (b) is prone to nat22 ural disasters; 

23 ‘‘(D) has at least one paved runway with 

24 not less than 3,400 feet of useable length capa25 ble of supporting aircraft up to 12,500 pounds; 


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1 ‘‘(E) has aircraft maintenance or servicing 

2 facilities at the airport able to provide aircraft 

3 fueling and light maintenance services; and 

4 ‘‘(F) has adequate taxiway and ramp space 

5 to accommodate single engine or light multi-en6 gine aircraft simultaneously for loading and un7 loading of supplies. 

8 ‘‘(2) DESIGNATION IN STATES WITHOUT QUALI9 FYING AIRPORTS.—If fewer than 3 airports de10 scribed in paragraph (1) are located in a State, the 

11 Secretary, in consultation with aviation officials of 

12 that State, shall designate not more than 3 general 

13 aviation airports in that State as a disaster relief 

14 airport under this section. 

15 ‘‘(b) PRONE TO NATURAL DISASTERS.— 

16 ‘‘(1) IN GENERAL.—For the purposes of sub17 section (a)(1)(C), a region is prone to natural disas18 ters if— 

19 ‘‘(A) in the case of earthquakes, there is 

20 not less than a 50 percent probability that an 

21 earthquake of magnitude 6 or above will occur 

22 in the region within 30 years, according to the 

23 United States Geological Survey; and 

24 ‘‘(B) in the case of other types of natural 

25 disasters, the President has declared more than 


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1 5 major disasters in the region under section 

2 401 of the Robert T. Stafford Disaster Relief 

3 and Emergency Assistance Act (42 U.S.C. 

4 5170), according to the most recent map of the 

5 Federal Emergency Management Agency. 

6 ‘‘(2) NATURAL DISASTER DEFINED.—For the 

7 purposes of this section, the term ‘natural disaster’ 

8 includes a hurricane, tornado, severe storm, high 

9 water, wind-driven water, tidal wave, tsunami, earth10 quake, volcanic eruption, landslide, mudslide, snow11 storm, drought, or wildfire. 

12 ‘‘(c) REQUIREMENTS.— 

13 ‘‘(1) OPERATION AND MAINTENANCE.— 

14 ‘‘(A) IN GENERAL.—A disaster relief air15 port and the facilities and fixed-based operators 

16 on or connected with the airport shall be oper17 ated and maintained in a manner the Secretary 

18 consider suitable for disaster relief. 

19 ‘‘(B) EXCLUSION.—A disaster relief air20 port shall not be considered to be in violation 

21 of subparagraph (A) if a runway is unuseable 

22 because the runway is under scheduled mainte23 nance or is in need of necessary repairs. 

24 ‘‘(2) COMPLIANCE WITH ASSURANCES ON AIR25 PORT OPERATIONS.—A disaster relief airport shall 


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1 comply with the provisions of section 47107 without 

2 regard whether the airport has received a project 

3 grant under this subchapter. 

4 ‘‘(3) NATURAL DISASTER MANAGEMENT

5 PLAN.—A disaster relief airport shall develop an 

6 emergency natural disaster management plan in co7 ordination with local emergency response teams and 

8 first responders. 

9 ‘‘(d) CIVIL PENALTY.—A public agency that know10 ingly violates this section shall be liable to the United 

11 States Government for a civil penalty of not more than 

12 $10,000 for each day of the violation. 

13 ‘‘(e) CONSIDERATION FOR PROJECT GRANTS.—The 

14 Secretary shall give consideration to the role an airport 

15 plays in disaster relief when determining whether to pro16 vide a grant for the airport under this subchapter. 

17 ‘‘(f) APPLICABILITY OF OTHER LAWS.—This section 

18 shall apply notwithstanding any other law, rule, regula19 tion, or agreement.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for chap21 ter 471 of such title is amended by inserting after the 

22 item relating to section 47131 the following: 

‘‘47132. Disaster relief airports.’’. 


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1 SEC. 6. AIRPORT DEVELOPMENT RELATING TO DISASTER 

2 RELIEF. 

3 Section 47102(3) of title 49, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(P) planning, acquiring, or constructing 

6 at an airport designated as a disaster relief air7 port under section 47145, including— 

8 ‘‘(i) planning for disaster prepared9 ness associated with maintaining airport 

10 operations during a natural disaster; 

11 ‘‘(ii) airport communication equip12 ment and fixed emergency generators that 

13 are not able to be acquired by programs 

14 funded under the Department of Home15 land Security; and 

16 ‘‘(iii) constructing, expanding, and im17 proving airfield infrastructure to include 

18 aprons and terminal buildings the Sec19 retary determines will facilitate disaster re20 sponse at the airport.’’. 

21 SEC. 7. INCLUSION OF COVERED AIRCRAFT CONSTRUC22 TION IN DEFINITION OF AERONAUTICAL AC23 TIVITY FOR PURPOSES OF AIRPORT IM24 PROVEMENT GRANTS. 

25 Section 47107 of title 49, United States Code, is 

26 amended by adding at the end the following: 


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1 ‘‘(u) CONSTRUCTION OF RECREATIONAL AIR2 CRAFT.— 

3 ‘‘(1) IN GENERAL.—The construction of a cov4 ered aircraft shall be treated as an aeronautical ac5 tivity for purposes of— 

6 ‘‘(A) determining an airport’s compliance 

7 with a grant assurance made under this section 

8 or any other provision of law; and 

9 ‘‘(B) the receipt of Federal financial assist10 ance for airport development. 

11 ‘‘(2) COVERED AIRCRAFT DEFINED.—In this 

12 subsection, the term ‘covered aircraft’ means an air13 craft— 

14 ‘‘(A) used or intended to be used exclu15 sively for recreational purposes; and 

16 ‘‘(B) constructed or under construction, re17 pair, or restoration by a private individual at a 

18 general aviation airport.’’. 

Æ 


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