I 

111TH CONGRESS 

2D SESSION H. R. 4815 

To amend title 49, United States Code, to allow through-the-fence access 

to general aviation airports, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2010 

Mr. GRAVES (for himself, Mr. BOSWELL, Mr. EHLERS, and Mr. PETRI) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To amend title 49, United States Code, to allow throughthe-fence access to general aviation 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. 

4 This Act may be cited as the ‘‘Community Airport 

5 Access and Protection Act of 2010’’. 


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1 SEC. 2. AGREEMENTS GRANTING THROUGH-THE-FENCE AC2 CESS TO GENERAL AVIATION AIRPORTS. 

3 (a) IN GENERAL.—Section 47107 of title 49, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘(t) AGREEMENTS GRANTING THROUGH-THE-FENCE

7 ACCESS TO GENERAL AVIATION AIRPORTS.— 

8 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

9 sponsor of a general aviation airport shall not be 

10 considered to be in violation of this subtitle, or to be 

11 in violation of a grant assurance made under this 

12 section or under any other provision of law as a con13 dition for the receipt of Federal financial assistance 

14 for airport development, solely because the sponsor 

15 enters into an agreement that grants to a person 

16 that owns real property adjacent to the airport, in17 cluding any residential, nonresidential, or commer18 cial property, access for aircraft located on that 

19 property to the airfield of the airport. 

20 ‘‘(2) THROUGH THE FENCE AGREEMENTS.— 

21 ‘‘(A) IN GENERAL.—An agreement de22 scribed in paragraph (1) between an airport 

23 sponsor and a property owner shall be a written 

24 agreement that prescribes the rights, respon25 sibilities, charges, duration, and other terms de26 termined necessary to establish and manage the 


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1 airport sponsor’s relationship with the property 

2 owner. 

3 ‘‘(B) TERMS AND CONDITIONS.—An agree4 ment described in paragraph (1) between an 

5 airport sponsor and a property owner shall re6 quire the property owner, at minimum— 

7 ‘‘(i) to pay airport access charges that 

8 are not less than those charged to tenants 

9 and operators on-airport making similar 

10 use of the airport; 

11 ‘‘(ii) to bear the cost of building and 

12 maintaining the infrastructure necessary to 

13 provide aircraft located on the property ad14 jacent to the airport access to the airfield 

15 of the airport; and 

16 ‘‘(iii) to operate and maintain the 

17 property, and conduct any construction ac18 tivities on the property, at no cost to the 

19 airport and in a manner that— 

20 ‘‘(I) is consistent with sub21 sections (a)(7) and (a)(9); 

22 ‘‘(II) does not alter the airport, 

23 including the facilities of the airport; 


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1 ‘‘(III) does not adversely affect 

2 the safety, utility, or efficiency of the 

3 airport; 

4 ‘‘(IV) is compatible with the nor5 mal operations of the airport; and 

6 ‘‘(V) is consistent with the air7 port’s role in the National Plan of In8 tegrated Airport Systems. 

9 ‘‘(3) GENERAL AVIATION AIRPORT DEFINED.— 

10 In this subsection, the term ‘general aviation air11 port’ means a public airport that is located in a 

12 State and that, as determined by the Secretary of 

13 Transportation— 

14 ‘‘(A) does not have scheduled service; or 

15 ‘‘(B) has scheduled service with less than 

16 2,500 passenger boardings each year.’’. 

17 (b) APPLICABILITY.—The amendment made by sub18 section (a) shall apply to an agreement between an airport 

19 sponsor and a property owner entered into before, on, or 

20 after the date of enactment of this Act. 

Æ 


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