In the House of Representatives, U. S.,

October 4, 1994.

Resolved, That the House agree to the amendment of

the Senate to the bill (H.R. 2440) entitled ‘‘An Act 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 following

AMENDMENT:

In lieu of the matter proposed by said amendment, insert:

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 fis9 cal 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.’’.
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1 SEC. 3. APPLICABILITY OF CERTAIN REGULATIONS AND RE2 QUIREMENTS TO THE OPERATION OF PUBLIC

3 AIRCRAFT.

4 (a) DEFINITION OF PUBLIC AIRCRAFT.—Section

5 40102(a)(37) of title 49, United States Code, is amended

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

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

8 aircraft—

9 ‘‘(i) transporting property for commer10 cial purposes; or

11 ‘‘(ii) transporting passengers other

12 than—

13 ‘‘(I) transporting (for other than

14 commercial purposes) crewmembers or

15 other persons aboard the aircraft whose

16 presence is required to perform, or is

17 associated with the performance of, a

18 governmental function such as fire19 fighting, search and rescue, law en20 forcement, aeronautical research, or bi21 ological or geological resource manage22 ment; or

23 ‘‘(II) transporting (for other than

24 commercial purposes) persons aboard

25 the aircraft if the aircraft is operated
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1 by the Armed Forces or an intelligence

2 agency of the United States.

3 An aircraft described in the preceding sentence

4 shall, notwithstanding any limitation relating to

5 use of the aircraft for commercial purposes, be

6 considered to be a public aircraft for the pur7 poses of this part without regard to whether the

8 aircraft is operated by a unit of government on

9 behalf of another unit of government, pursuant

10 to a cost reimbursement agreement between such

11 units of government, if the unit of government on

12 whose behalf the operation is conducted certifies

13 to the Administrator of the Federal Aviation Ad14 ministration that the operation was necessary to

15 respond to a significant and imminent threat to

16 life or property (including natural resources)

17 and that no service by a private operator was

18 reasonably available to meet the threat.’’.

19 (b) AUTHORITY TO GRANT EXEMPTIONS.—

20 (1) IN GENERAL.—The Administrator of the Fed21 eral Aviation Administration may grant an exemp22 tion to any unit of Federal, State, or local govern23 ment from any requirement of part A of subtitle VII

24 of title 49, United States Code, that would otherwise

25 be applicable to current or future aircraft of such unit
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1 of government as a result of the amendment made by

2 subsection (a) of this section.

3 (2) REQUIREMENTS.—The Administrator may

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

5 (A) the Administrator finds that granting

6 the exemption is necessary to prevent an undue

7 economic burden on the unit of government; and

8 (B) the Administrator certifies that the

9 aviation safety program of the unit of govern10 ment is effective and appropriate to ensure safe

11 operations of the type of aircraft operated by the

12 unit of government.

13 (c) INVESTIGATIVE AUTHORITY OF BOARD.—

14 (1) ACCIDENTS INVOLVING PUBLIC AIRCRAFT.—

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

16 is amended by inserting before the semicolon at the

17 end the following: ‘‘or an aircraft accident involving

18 a public aircraft as defined by section 40102(a)(37)

19 of this title other than an aircraft operated by the

20 Armed Forces or by an intelligence agency of the

21 United States’’.

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

23 49, United States Code, is amended—

24 (A) by redesignating subsection (d) as sub25 section (e); and
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1 (B) by inserting after subsection (c) the fol2 lowing:

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

4 Board, in furtherance of its investigative duties with respect

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

6 this section, shall have the same duties and powers as are

7 specified for civil aircraft accidents under sections 1132(a),

8 1132(b), and 1134(b)(2) of this title.’’.

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

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

11 following the date of the enactment of this Act.

12 SEC. 4. RELEASE OF RESERVATIONS AND RESTRICTIONS

13 ON CERTAIN PROPERTY LOCATED IN

14 RAPIDES PARISH, LOUISIANA.

15 (a) RELEASE.—Notwithstanding any other provision

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

17 the United States releases without consideration all reserva18 tions, restrictions, conditions, and limitations on the use,

19 encumbrance, or conveyance of certain real property (to20 gether with any improvements thereon and easements ap21 purtenant thereto) consisting of approximately 1,991.53

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

23 the location of Esler Field, as identified in the deed of con24 veyance from the United States to the Parish of Rapides,

25 Louisiana, dated January 23, 1958, to the extent such res-
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1 ervations, restrictions, conditions, and limitations are en2 forceable by the United States.

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

4 of reentry upon or use of the property described in sub5 section (a) for national defense purposes in time of war or

6 other national emergency without charge. The release pro7 vided by subsection (a) does not apply to any conditions

8 or assurances associated with (1) the continued

9 nonexclusive use without charge of the airport and use of

10 space at the airport, without charge, by the Louisiana Na11 tional Guard, (2) the nonexclusive use of the airport by

12 transient military aircraft without charge, or (3) the

13 nonexclusive use of the airport by transient military air14 craft without charge during periods of maneuvers.

15 (c) LIMITATION ON STATUTORY CONSTRUCTION.—

16 Nothing in this section shall be construed to affect the dis17 position or ownership of oil, gas, or other mineral resources

18 either in or under the surface of the real property described

19 in subsection (a).

20 (d) FEDERAL AVIATION ADMINISTRATION.—

21 (1) NONAPPLICABILITY OF RELEASE TO GRANT

22 AGREEMENTS.—The release described in subsection

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

24 associated with existing airport grant agreements be-
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1 tween the Rapides Parish Airport Authority/Esler

2 Field and the Federal Aviation Administration.

3 (2) AGREEMENT.—Notwithstanding any other

4 provisions of law, the Administrator of the Federal

5 Aviation Administration shall enter into an agree6 ment with the Airport Authority of Rapides Parish,

7 Louisiana, to provide for the terms and conditions

8 under which the real property described in subsection

9 (a) may be used, leased, sold, or otherwise disposed.

10 The agreement shall be concluded not later than 180

11 days after the date of the enactment of this Act.

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

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

14 Act.

Attest:

Clerk.
103D CONGRESS

2D SESSION H. R. 2440

AMENDMENT

TO

SENATE AMENDMENT