H. R. 2440
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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 fiscal 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 REQUIRE-
MENTS 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 govern-
mental 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 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, not-
withstanding any limitation relating to use of the aircraft
for commercial purposes, be considered to be a public air-
craft 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 govern-
H. R. 2440—2
ment, if the unit of government on whose behalf the oper-
ation 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 Avia-
tion 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 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 exemp-
tion 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 appro-
priate 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
(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, condi-
tions, 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
H. R. 2440—3
January 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
AGREE-
MENTS.—The release described in subsection (a) does not apply
to any conditions and assurances associated with existing air-
port grant agreements between the 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 condi-
tions under which the real property described in subsection
(a) may be used, leased, sold, or otherwise disposed. The agree-
ment 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.