I 

109TH CONGRESS 

2D SESSION H. R. 4970 

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

over Federal land. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2006 

Mr. OTTER (for himself, Mr. SIMPSON, Mr. HASTINGS of Washington, and 

Mr. FLAKE) introduced the following bill; which was referred to the Committee on 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 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— 


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

3 (B) provide access to people who would 

4 otherwise be physically unable to enjoy national 

5 parks, national forests, wilderness areas, and 

6 other Federal land; 

7 (C) support State economies by providing 

8 efficient access for visitors seeking recreational 

9 activities; and 

10 (D) serve an essential role in search and 

11 rescue, forest and ecological management, re12 search, wildlife management, aerial mapping, 

13 firefighting, and disaster relief; and 

14 (2) the Secretary of the Interior and the Sec15 retary of Agriculture should— 

16 (A) adopt a nationwide policy for gov17 erning backcountry aviation issues relating to 

18 the management of Federal land under the ju19 risdiction of the Secretaries; and 

20 (B) require regional managers to comply 

21 with the policy adopted under subparagraph 

22 (A). 

23 SEC. 3. DEFINITIONS. 

24 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Federal 

3 Aviation Administration. 

4 (2) AIRCRAFT LANDING STRIP.—The term ‘‘air5 craft landing strip’’ means an established aircraft 

6 landing strip located on Federal land under the ad7 ministrative jurisdiction of the Secretary that is 

8 commonly known, and has been or is consistently 

9 used, for aircraft landing and departure activities. 

10 (3) PERMANENTLY CLOSE.—The term ‘‘perma11 nently close’’ means any closure, the duration of 

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

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

14 means— 

15 (A) with respect to land under the jurisdic16 tion of the Secretary of the Interior, the Sec17 retary of the Interior; and 

18 (B) with respect to land under the jurisdic19 tion of the Secretary of Agriculture, the Sec20 retary of Agriculture. 

21 SEC. 4. PROCEDURE FOR CONSIDERATION OF ACTIONS AF22 FECTING CERTAIN AIRCRAFT LANDING 

23 STRIPS. 

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

25 action that would permanently close, restrict, or render 


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1 or declare as unserviceable any aircraft landing strip un2 less— 

3 (1) the head of the aviation department of each 

4 State in which the aircraft landing strip is located 

5 approves the action; 

6 (2) the Secretary publishes in the Federal Reg7 ister notice of the proposed action, including notice 

8 that the action would permanently close, restrict, or 

9 render or declare as unserviceable the aircraft land10 ing strip; 

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

12 comment period beginning on the date of publication 

13 of the notice under paragraph (2); and 

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

15 department of each State in which the affected air16 craft landing strip is located have taken into consid17 eration any comments received during the comment 

18 period under paragraph (3). 

19 (b) POLICIES.— 

20 (1) BACKCOUNTRY AVIATION POLICIES.—Not 

21 later than 2 years after the date of enactment of 

22 this Act, the Secretaries shall— 

23 (A) adopt a nationwide policy for gov24 erning backcountry aviation issues relating to 


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1 the management of Federal land under the ju2 risdiction of the Secretaries; and 

3 (B) require regional managers to adhere to 

4 the policy adopted under subparagraph (A). 

5 (2) REQUIREMENTS.—Any policy affecting air 

6 access to an aircraft landing strip, including the pol7 icy adopted under paragraph (1), shall not take ef8 fect unless the policy— 

9 (A) states that the Administrator has the 

10 sole authority to control aviation and airspace 

11 over the United States; and 

12 (B) seeks and considers comments from 

13 State governments and the public. 

14 (c) MAINTENANCE OF AIRSTRIPS.— 

15 (1) IN GENERAL.—To ensure that aircraft land16 ing strips are maintained in a manner that is con17 sistent with the resource values of any adjacent 

18 area, the Secretary shall consult with— 

19 (A) the head of the aviation department of 

20 each State in which an aircraft landing strip is 

21 located; and 

22 (B) any other interested parties. 

23 (2) COOPERATIVE AGREEMENTS.—The Sec24 retary may enter into cooperative agreements with 


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1 interested parties for the maintenance of aircraft 

2 landing strips. 

3 (d) EXCHANGES OR ACQUISITIONS.—There shall not 

4 be as a condition of any Federal acquisition of, or ex5 change involving, private property on which a landing strip 

6 is located— 

7 (1) the closure or purposeful neglect of the 

8 landing strip; or 

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

10 render any landing strip unserviceable. 

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

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

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

14 this Act. 

15 (f) EFFECT ON FEDERAL AVIATION ADMINISTRA16 TION AUTHORITY.—Nothing in this Act affects the au17 thority of the Administrator over aviation or airspace. 

Æ 


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