IV

103D CONGRESS

2D SESSION H. RES. 558

Providing for the concurrence by the House with an amendment in the

amendment of the Senate to H.R. 2440.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 3, 1994

Mr. OBERSTAR submitted the following resolution; which was considered under

suspension of the rules and agreed to

RESOLUTION

Providing for the concurrence by the House with an

amendment in the amendment of the Senate to H.R. 2440.

1 Resolved, That upon the adoption of this resolution

2 the bill (H.R. 2440) to amend the Independent Safety

3 Board Act of 1974 to authorize appropriations for fiscal

4 years 1994, 1995, and 1996, and for other purposes, with

5 the Senate amendment thereto, shall be considered to have

6 been taken from the Speaker’s table to the end that the

7 Senate amendment thereto be, and the same is hereby,

8 agreed to with an amendment as follows:

9 In lieu of the matter proposed to be inserted by the

10 amendment of the Senate, insert the following:
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Independent Safety

3 Board Act Amendments of 1994’’.

4 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

5 Section 1118(a) of title 49, United States Code, is

6 amended to read as follows:

7 ‘‘(a) IN GENERAL.—There is authorized to be appro8 priated for the purposes of this chapter $37,580,000 for

9 fiscal year 1994, $44,000,000 for fiscal year 1995, and

10 $45,100,000 for fiscal year 1996. Such sums shall remain

11 available until expended.’’.

12 SEC. 3. APPLICABILITY OF CERTAIN REGULATIONS AND

13 REQUIREMENTS TO THE OPERATION OF PUB14 LIC AIRCRAFT.

15 (a) DEFINITION OF PUBLIC AIRCRAFT.—Section

16 40102(a)(37) of title 49, United States Code, is amended

17 by striking subparagraph (B) and inserting the following:

18 ‘‘(B) does not include a government-owned

19 aircraft—

20 ‘‘(i) transporting property for com21 mercial purposes; or

22 ‘‘(ii) transporting passengers other

23 than—

24 ‘‘(I) transporting (for other than

25 commercial purposes) crewmembers or

26 other persons aboard the aircraft
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1 whose presence is required to perform,

2 or is associated with the performance

3 of, a governmental function such as

4 firefighting, search and rescue, law

5 enforcement, aeronautical research, or

6 biological or geological resource man7 agement; or

8 ‘‘(II) transporting (for other than

9 commercial purposes) persons aboard

10 the aircraft if the aircraft is operated

11 by the Armed Forces or an intel12 ligence agency of the United States.

13 An aircraft described in the preceding sentence shall,

14 notwithstanding any limitation relating to use of the

15 aircraft for commercial purposes, be considered to be

16 a public aircraft for the purposes of this part with17 out regard to whether the aircraft is operated by a

18 unit of government on behalf of another unit of gov19 ernment, pursuant to a cost reimbursement agree20 ment between such units of government, if the unit

21 of government on whose behalf the operation is con22 ducted certifies to the Administrator of the Federal

23 Aviation Administration that the operation was nec24 essary to respond to a significant and imminent

25 threat to life or property (including natural re-
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1 sources) and that no service by a private operator

2 was reasonably available to meet the threat.’’.

3 (b) AUTHORITY TO GRANT EXEMPTIONS.—

4 (1) IN GENERAL.—The Administrator of the

5 Federal Aviation Administration may grant an ex6 emption to any unit of Federal, State, or local gov7 ernment from any requirement of part A of subtitle

8 VII of title 49, United States Code, that would oth9 erwise be applicable to current or future aircraft of

10 such unit of government as a result of the amend11 ment made by subsection (a) of this section.

12 (2) REQUIREMENTS.—The Administrator may

13 grant an exemption under paragraph (1) only if—

14 (A) the Administrator finds that granting

15 the exemption is necessary to prevent an undue

16 economic burden on the unit of government;

17 and

18 (B) the Administrator certifies that the

19 aviation safety program of the unit of govern20 ment is effective and appropriate to ensure safe

21 operations of the type of aircraft operated by

22 the unit of government.

23 (c) INVESTIGATIVE AUTHORITY OF BOARD.—

24 (1) ACCIDENTS INVOLVING PUBLIC AIR25 CRAFT.—Section 1131(a)(1)(A) of title 49, United
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1 States Code, is amended by inserting before the

2 semicolon at the end the following: ‘‘or an aircraft

3 accident involving a public aircraft as defined by sec4 tion 40102(a)(37) of this title other than an aircraft

5 operated by the Armed Forces or by an intelligence

6 agency of the United States’’.

7 (2) DUTIES AND POWERS.—Section 1131 of

8 title 49, United States Code, is amended—

9 (A) by redesignating subsection (d) as sub10 section (e); and

11 (B) by inserting after subsection (c) the

12 following:

13 ‘‘(d) ACCIDENTS INVOLVING PUBLIC AIRCRAFT.—

14 The Board, in furtherance of its investigative duties with

15 respect to public aircraft accidents under subsection

16 (a)(1)(A) of this section, shall have the same duties and

17 powers as are specified for civil aircraft accidents under

18 sections 1132(a), 1132(b), and 1134(b)(2) of this title.’’.

19 (d) EFFECTIVE DATE.—The amendments made by

20 subsections (a) and (c) shall take effect on the 180th day

21 following the date of the enactment of this Act.
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1 SEC. 4. RELEASE OF RESERVATIONS AND RESTRICTIONS

2 ON CERTAIN PROPERTY LOCATED IN

3 RAPIDES PARISH, LOUISIANA.

4 (a) RELEASE.—Notwithstanding any other provision

5 of law, and except as provided in subsections (b) and (d),

6 the United States releases without consideration all res7 ervations, restrictions, conditions, and limitations on the

8 use, encumbrance, or conveyance of certain real property

9 (together with any improvements thereon and easements

10 appurtenant thereto) consisting of approximately 1,991.53

11 acres of land and located in Rapides Parish, Louisiana,

12 the location of Esler Field, as identified in the deed of

13 conveyance from the United States to the Parish of

14 Rapides, Louisiana, dated January 23, 1958, to the extent

15 such reservations, restrictions, conditions, and limitations

16 are enforceable by the United States.

17 (b) EXCEPTIONS.—The United States reserves the

18 right of reentry upon or use of the property described in

19 subsection (a) for national defense purposes in time of war

20 or other national emergency without charge. The release

21 provided by subsection (a) does not apply to any condi22 tions or assurances associated with (1) the continued

23 nonexclusive use without charge of the airport and use of

24 space at the airport, without charge, by the Louisiana Na25 tional Guard, (2) the nonexclusive use of the airport by

26 transient military aircraft without charge, or (3) the
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1 nonexclusive use of the airport by transient military air2 craft without charge during periods of maneuvers.

3 (c) LIMITATION ON STATUTORY CONSTRUCTION.—

4 Nothing in this section shall be construed to affect the

5 disposition or ownership of oil, gas, or other mineral re6 sources either in or under the surface of the real property

7 described in subsection (a).

8 (d) FEDERAL AVIATION ADMINISTRATION.—

9 (1) NONAPPLICABILITY OF RELEASE TO GRANT

10 AGREEMENTS.—The release described in subsection

11 (a) does not apply to any conditions and assurances

12 associated with existing airport grant agreements be13 tween the Rapides Parish Airport Authority/Esler

14 Field and the Federal Aviation Administration.

15 (2) AGREEMENT.—Notwithstanding any other

16 provisions of law, the Administrator of the Federal

17 Aviation Administration shall enter into an agree18 ment with the Airport Authority of Rapides Parish,

19 Louisiana, to provide for the terms and conditions

20 under which the real property described in sub21 section (a) may be used, leased, sold, or otherwise

22 disposed. The agreement shall be concluded not later

23 than 180 days after the date of the enactment of

24 this Act.
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1 (e) EFFECTIVE DATE.—This section shall take effect

2 on the 180th day following the date of the enactment of

3 this Act.

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