H. Res. 558

In the House of Representatives, U. S.,

October 4, 1994.

Resolved, That upon the adoption of this resolution the

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

of 1974 to authorize appropriations for fiscal years 1994,

1995, and 1996, and for other purposes, with the Senate

amendment thereto, shall be considered to have been taken

from the Speaker’s table to the end that the Senate amendment thereto be, and the same is hereby, agreed to with an

amendment as follows:

In lieu of the matter proposed to be inserted by the

amendment of the Senate, insert the following:

SECTION 1. SHORT TITLE.

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

Act Amendments of 1994’’.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

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

amended to read as follows:

‘‘(a) IN GENERAL.—There is authorized to be appropriated for the purposes of this chapter $37,580,000 for fis-
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cal year 1994, $44,000,000 for fiscal year 1995, and

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

available until expended.’’.

SEC. 3. APPLICABILITY OF CERTAIN REGULATIONS AND REQUIREMENTS TO THE OPERATION OF PUBLIC AIRCRAFT.

(a) DEFINITION OF PUBLIC AIRCRAFT.—Section

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

striking subparagraph (B) and inserting the following:

‘‘(B) does not include a government-owned aircraft—

‘‘(i) transporting property for commercial

purposes; or

‘‘(ii) transporting passengers other than—

‘‘(I) transporting (for other than

commercial purposes) crewmembers or

other persons aboard the aircraft whose

presence is required to perform, or is associated with the performance of, a governmental function such as firefighting,

search and rescue, law enforcement, aeronautical research, or biological or geological resource management; or

‘‘(II) transporting (for other than

commercial purposes) persons aboard the
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aircraft if the aircraft is operated by the

Armed Forces or an intelligence agency of

the United States.

An aircraft described in the preceding sentence shall,

notwithstanding any limitation relating to use of the aircraft for commercial purposes, be considered to be a

public aircraft for the purposes of this part without regard to whether the aircraft is operated by a unit of government on behalf of another unit of government, pursuant to a cost reimbursement agreement between such

units of government, if the unit of government on whose

behalf the operation is conducted certifies to the Administrator of the Federal Aviation Administration that the

operation was necessary to respond to a significant and

imminent threat to life or property (including natural resources) and that no service by a private operator was

reasonably available to meet the threat.’’.

(b) AUTHORITY TO GRANT EXEMPTIONS.—

(1) IN GENERAL.—The Administrator of the Federal Aviation Administration may grant an exemption to

any unit of Federal, State, or local government from any

requirement of part A of subtitle VII of title 49, United

States Code, that would otherwise be applicable to current or future aircraft of such unit of government as a
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result of the amendment made by subsection (a) of this

section.

(2) REQUIREMENTS.—The Administrator may

grant an exemption under paragraph (1) only if—

(A) the Administrator finds that granting the

exemption is necessary to prevent an undue economic burden on the unit of government; and

(B) the Administrator certifies that the aviation safety program of the unit of government is effective and appropriate to ensure safe operations of

the type of aircraft operated by the unit of government.

(c) INVESTIGATIVE AUTHORITY OF BOARD.—

(1) ACCIDENTS INVOLVING PUBLIC AIRCRAFT.—

Section 1131(a)(1)(A) of title 49, United States Code, is

amended by inserting before the semicolon at the end

the following: ‘‘or an aircraft accident involving a public

aircraft as defined by section 40102(a)(37) of this title

other than an aircraft operated by the Armed Forces or

by an intelligence agency of the United States’’.

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

49, United States Code, is amended—

(A) by redesignating subsection (d) as subsection (e); and
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(B) by inserting after subsection (c) the following:

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

Board, in furtherance of its investigative duties with respect

to public aircraft accidents under subsection (a)(1)(A) of this

section, shall have the same duties and powers as are specified for civil aircraft accidents under sections 1132(a),

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

(d) EFFECTIVE DATE.—The amendments made by subsections (a) and (c) shall take effect on the 180th day following the date of the enactment of this Act.

SEC. 4. RELEASE OF RESERVATIONS AND RESTRICTIONS ON

CERTAIN PROPERTY LOCATED IN RAPIDES PARISH, LOUISIANA.

(a) RELEASE.—Notwithstanding any other provision of

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

United States releases without consideration all reservations,

restrictions, conditions, and limitations on the use, encumbrance, or conveyance of certain real property (together with

any improvements thereon and easements appurtenant thereto) consisting of approximately 1,991.53 acres of land and located in Rapides Parish, Louisiana, the location of Esler

Field, as identified in the deed of conveyance from the United

States to the Parish of Rapides, Louisiana, dated January
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23, 1958, to the extent such reservations, restrictions, conditions, and limitations are enforceable by the United States.

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

of reentry upon or use of the property described in subsection

(a) for national defense purposes in time of war or other national emergency without charge. The release provided by

subsection (a) does not apply to any conditions or assurances

associated with (1) the continued nonexclusive use without

charge of the airport and use of space at the airport, without

charge, by the Louisiana National Guard, (2) the

nonexclusive use of the airport by transient military aircraft

without charge, or (3) the nonexclusive use of the airport by

transient military aircraft without charge during periods of

maneuvers.

(c) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this section shall be construed to affect the disposition

or ownership of oil, gas, or other mineral resources either in

or under the surface of the real property described in subsection (a).

(d) FEDERAL AVIATION ADMINISTRATION.—

(1) NONAPPLICABILITY OF RELEASE TO GRANT

AGREEMENTS.—The release described in subsection (a)

does not apply to any conditions and assurances associated with existing airport grant agreements between the
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Rapides Parish Airport Authority/Esler Field and the

Federal Aviation Administration.

(2) AGREEMENT.—Notwithstanding any other provisions of law, the Administrator of the Federal Aviation

Administration shall enter into an agreement with the

Airport Authority of Rapides Parish, Louisiana, to provide for the terms and conditions under which the real

property described in subsection (a) may be used, leased,

sold, or otherwise disposed. The agreement shall be concluded not later than 180 days after the date of the enactment of this Act.

(e) EFFECTIVE DATE.—This section shall take effect on

the 180th day following the date of the enactment of this

Act.

Attest:

Clerk.