IV
103D CONGRESS
2D SESSION
H. RES. 558
Providing for the concurrence by the House with an amendment in the
amendment of the Senate to H.R. 2440.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 3, 1994
Mr. OBERSTAR submitted the following resolution; which was considered under
suspension of the rules and agreed to
RESOLUTION
Providing for the concurrence by the House with an
amendment in the amendment of the Senate to H.R. 2440.
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:
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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 appro-
priated 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
REQUIREMENTS TO THE OPERATION OF PUB-
LIC 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 com-
mercial purposes; or
‘‘(ii) transporting passengers other
than—
‘‘(I) transporting (for other than
commercial purposes) crewmembers or
other persons aboard the aircraft
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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 man-
agement; or
‘‘(II) transporting (for other than
commercial purposes) persons aboard
the aircraft if the aircraft is operated
by the Armed Forces or an intel-
ligence 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 with-
out regard to whether the aircraft is operated by a
unit of government on behalf of another unit of gov-
ernment, pursuant to a cost reimbursement agree-
ment between such units of government, if the unit
of government on whose behalf the operation is con-
ducted certifies to the Administrator of the Federal
Aviation Administration that the operation was nec-
essary to respond to a significant and imminent
threat to life or property (including natural re-
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sources) 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 ex-
emption to any unit of Federal, State, or local gov-
ernment from any requirement of part A of subtitle
VII of title 49, United States Code, that would oth-
erwise be applicable to current or future aircraft of
such unit of government as a result of the amend-
ment 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 govern-
ment 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
AIR-
CRAFT.—Section 1131(a)(1)(A) of title 49, United
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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 sec-
tion 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 sub-
section (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.
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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 res-
ervations, 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 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 condi-
tions 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 Na-
tional Guard, (2) the nonexclusive use of the airport by
transient military aircraft without charge, or (3) the
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nonexclusive use of the airport by transient military air-
craft 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 re-
sources 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 be-
tween 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 agree-
ment with the Airport Authority of Rapides Parish,
Louisiana, to provide for the terms and conditions
under which the real property described in sub-
section (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.
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(e) EFFECTIVE DATE.—This section shall take effect
on the 180th day following the date of the enactment of
this Act.
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