II 

109TH CONGRESS 

1ST SESSION S. 2108 

To ensure general aviation aircraft access to Federal land and to the airspace 

over Federal land. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 15, 2005 

Mr. CRAPO (for himself and Mr. CRAIG) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To ensure general aviation aircraft 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— 

8 (1) aircraft landing strips— 

9 (A) serve an essential safety role as emer10 gency landing areas; 
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1 (B) provide access to people who would 

2 otherwise be physically unable to enjoy national 

3 parks, national forests, wilderness areas, and 

4 other Federal land; 

5 (C) support State economies by providing 

6 efficient access for visitors seeking recreational 

7 activities; and 

8 (D) serve an essential role in search and 

9 rescue, forest and ecological management, re10 search, wildlife management, aerial mapping, 

11 firefighting, and disaster relief; and 

12 (2) the Secretary of the Interior and the Sec13 retary of Agriculture should— 

14 (A) adopt a nationwide policy for gov15 erning backcountry aviation issues relating to 

16 the management of Federal land under the ju17 risdiction of the Secretaries; and 

18 (B) require regional managers to comply 

19 with the policy adopted under subparagraph 

20 (A). 

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 

5 commonly known, and has been or is consistently 

6 used, for aircraft landing and departure activities. 

7 (3) PERMANENTLY CLOSE.—The term ‘‘perma8 nently close’’ means any closure, the duration of 

9 which is more than 90 days in any calendar year. 

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

11 means— 

12 (A) with respect to land under the jurisdic13 tion of the Secretary of the Interior, the Sec14 retary of the Interior; and 

15 (B) with respect to land under the jurisdic16 tion of the Secretary of Agriculture, the Sec17 retary of Agriculture. 

18 SEC. 4. PROCEDURE FOR CONSIDERATION OF ACTIONS AF19 FECTING CERTAIN AIRCRAFT LANDING 

20 STRIPS. 

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

22 action that would permanently close, restrict, or render 

23 or declare as unserviceable any aircraft landing strip un24 less— 
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1 (1) the head of the aviation department of each 

2 State in which the aircraft landing strip is located 

3 approves the action; 

4 (2) the Secretary publishes in the Federal Reg5 ister notice of the proposed action, including notice 

6 that the action would permanently close, restrict, or 

7 render or declare as unserviceable the aircraft land8 ing strip; 

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

10 comment period beginning on the date of publication 

11 of the notice under paragraph (2); and 

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

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

16 period under paragraph (3). 

17 (b) POLICIES.— 

18 (1) BACKCOUNTRY AVIATION POLICIES.—Not 

19 later than 2 years after the date of enactment of 

20 this Act, the Secretaries shall— 

21 (A) adopt a nationwide policy for gov22 erning backcountry aviation issues relating to 

23 the management of Federal land under the ju24 risdiction of the Secretaries; and 
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1 (B) require regional managers to adhere to 

2 the policy adopted under subparagraph (A). 

3 (2) REQUIREMENTS.—Any policy affecting air 

4 access to an aircraft landing strip, including the pol5 icy adopted under paragraph (1), shall not take ef6 fect unless the policy— 

7 (A) states that the Administrator has the 

8 sole authority to control aviation and airspace 

9 over the United States; and 

10 (B) seeks and considers comments from 

11 State governments and the public. 

12 (c) MAINTENANCE OF AIRSTRIPS.— 

13 (1) IN GENERAL.—To ensure that aircraft land14 ing strips are maintained in a manner that is con15 sistent with the resource values of any adjacent 

16 area, the Secretary shall consult with— 

17 (A) the head of the aviation department of 

18 each State in which an aircraft landing strip is 

19 located; and 

20 (B) any other interested parties. 

21 (2) COOPERATIVE AGREEMENTS.—The Sec22 retary may enter into cooperative agreements with 

23 interested parties for the maintenance of aircraft 

24 landing strips. 
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1 (d) EXCHANGES OR ACQUISITIONS.—There shall not 

2 be as a condition of any Federal acquisition of, or ex3 change involving, private property on which a landing strip 

4 is located— 

5 (1) the closure or purposeful neglect of the 

6 landing strip; or 

7 (2) any other action that would restrict use or 

8 render any landing strip unserviceable. 

9 (e) APPLICABILITY.—Subsections (a), (b)(2), and (d) 

10 shall apply to any action, policy, exchange, or acquisition, 

11 respectively, that is not final on the date of enactment of 

12 this Act. 

13 (f) EFFECT ON FEDERAL AVIATION ADMINISTRA14 TION AUTHORITY.—Nothing in this Act affects the au15 thority of the Administrator over aviation or airspace. 

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