H. Res. 558
In the House of Representatives, U. S.,
October 4, 1994.
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 amend-
ment 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:
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 fis-
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cal 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 RE-
QUIREMENTS TO THE OPERATION OF PUBLIC AIR-
CRAFT.
(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 air-
craft—
‘‘(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 as-
sociated with the performance of, a gov-
ernmental function such as firefighting,
search and rescue, law enforcement, aero-
nautical research, or biological or geologi-
cal resource management; or
‘‘(II) transporting (for other than
commercial purposes) persons aboard the
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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,
notwithstanding any limitation relating to use of the air-
craft for commercial purposes, be considered to be a
public aircraft for the purposes of this part without re-
gard to whether the aircraft is operated by a unit of gov-
ernment on behalf of another unit of government, pursu-
ant to a cost reimbursement agreement between such
units of government, if the unit of government on whose
behalf the operation is conducted certifies to the Admin-
istrator of the Federal Aviation Administration that the
operation was necessary to respond to a significant and
imminent threat to life or property (including natural re-
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 Fed-
eral Aviation 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 cur-
rent or future aircraft of such unit of government as a
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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
exemption is necessary to prevent an undue eco-
nomic burden on the unit of government; and
(B) the Administrator certifies that the avia-
tion safety program of the unit of government is ef-
fective and appropriate to ensure safe operations of
the type of aircraft operated by the unit of govern-
ment.
(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 sub-
section (e); and
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(B) by inserting after subsection (c) the follow-
ing:
‘‘(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 speci-
fied for civil aircraft accidents under sections 1132(a),
1132(b), and 1134(b)(2) of this title.’’.
(d) EFFECTIVE DATE.—The amendments made by sub-
sections (a) and (c) shall take effect on the 180th day follow-
ing the date of the enactment of this Act.
SEC. 4. RELEASE OF RESERVATIONS AND RESTRICTIONS ON
CERTAIN PROPERTY LOCATED IN RAPIDES PAR-
ISH, 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, conditions, and limitations on the use, encum-
brance, or conveyance of certain real property (together with
any improvements thereon and easements appurtenant there-
to) consisting of approximately 1,991.53 acres of land and lo-
cated 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
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23, 1958, to the extent such reservations, restrictions, condi-
tions, 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 na-
tional 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.—Noth-
ing 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 sub-
section (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 associ-
ated with existing airport grant agreements between the
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Rapides Parish Airport Authority/Esler Field and the
Federal Aviation Administration.
(2) AGREEMENT.—Notwithstanding any other pro-
visions of law, the Administrator of the Federal Aviation
Administration shall enter into an agreement with the
Airport Authority of Rapides Parish, Louisiana, to pro-
vide for the terms and conditions under which the real
property described in subsection (a) may be used, leased,
sold, or otherwise disposed. The agreement shall be con-
cluded not later than 180 days after the date of the en-
actment of this Act.
(e) EFFECTIVE DATE.—This section shall take effect on
the 180th day following the date of the enactment of this
Act.
Attest:
Clerk.