HR 658 EAS 
‘‘(C) ‘Afghanistan-Iraq war veteran’ means an 
individual who served on active duty, as defined by 
section 101(21) of title 38, at any time in the armed 
forces for a period of more than 180 consecutive days, 
any part of which occurred during the period begin-
ning on September 11, 2001, and ending on the date 
prescribed by Presidential proclamation or by law as 
the last date of Operation Iraqi Freedom.’’; 
(3) by striking ‘‘veterans and’’ in paragraph (2) 
and inserting ‘‘veterans, Afghanistan-Iraq war vet-
erans, and’’; and 
(4) by adding at the end the following: 
‘‘(3) A contract involving labor for carrying out an 
airport development project under a grant agreement under 
this subchapter must require that a preference be given to 
the use of small business concerns (as defined in section 3 
of the Small Business Act (15 U.S.C. 632)) owned and con-
trolled by disabled veterans.’’. 
(c) ANNUAL REPORT.—Section 47131(a) is amended— 
(1) by striking ‘‘April 1’’ and inserting ‘‘June 
1’’; and 
(2) by striking paragraphs (1) through (4) and 
inserting the following: 
‘‘(1) a summary of airport development and 
planning completed;
HR 658 EAS 
‘‘(2) a summary of individual grants issued; 
‘‘(3) an accounting of discretionary and appor-
tioned funds allocated; and 
‘‘(4) the allocation of appropriations; and’’. 
(d) SUNSET OF PROGRAM.—Section 47137 is repealed 
effective September 30, 2008. 
(e) CORRECTION TO EMISSION CREDITS PROVISION.— 
Section 47139 is amended— 
(1) by striking ‘‘47102(3)(F),’’ in subsection (a); 
(2) by striking ‘‘47102(3)(F), 47102(3)(K), 
47102(3)(L), or 47140’’ in subsection (b) and insert-
ing ‘‘47102(3)(K) or 47102(3)(L)’’; and 
(3) by striking ‘‘40117(a)(3)(G), 47103(3)(F), 
47102(3)(K), 47102(3)(L), or 47140,’’ in subsection 
(b) and inserting ‘‘40117(a)(3)(G), 47102(3)(K), or 
47102(3)(L),’’; and 
(f) CORRECTION TO SURPLUS PROPERTY AUTHOR-
ITY.—Section 47151(e) is amended by striking ‘‘(other than 
real property that is subject to section 2687 of title 10, sec-
tion 201 of the Defense Authorization Amendments and 
Base Closure and Realignment Act (10 U.S.C. 2687 note), 
or section 2905 of the Defense Base Closure and Realign-
ment Act of 1990 (10 U.S.C. 2687 note),’’.
HR 658 EAS 
(g) AIRPORT CAPACITY BENCHMARK REPORTS; DEFI-
NITION OF JOINT USE AIRPORT.—Section 47175 is amend-
ed— 
(1) by striking ‘‘Airport Capacity Benchmark 
Report 2001.’’ in paragraph (2) and inserting ‘‘2001 
and 2004 Airport Capacity Benchmark Reports or of 
the most recent Benchmark report, Future Airport 
Capacity Task Report, or other comparable FAA re-
port.’’; and 
(2) by adding at the end thereof the following: 
‘‘(7) JOINT USE AIRPORT.—The term ‘joint use 
airport’ means an airport owned by the United States 
Department of Defense, at which both military and 
civilian aircraft make shared use of the airfield.’’. 
(h) 
USE
OF
APPORTIONED
AMOUNTS.—Section 
47117(e)(1)(A) is amended— 
(1) by striking ‘‘35 percent’’ in the first sentence 
and inserting ‘‘$300,000,000’’; 
(2) by striking ‘‘and’’ after ‘‘47141,’’; 
(3) by striking ‘‘et seq.).’’ and inserting ‘‘et seq.), 
and for water quality mitigation projects to comply 
with the Act of June 30, 1948 (33 U.S.C. 1251 et 
seq.), approved in an environmental record of deci-
sion for an airport development project under this 
title.’’; and
HR 658 EAS 
(4) by striking ‘‘such 35 percent requirement is’’ 
in the second sentence and inserting ‘‘the require-
ments of the preceding sentence are’’. 
(i) USE OF PREVIOUS FISCAL YEAR’S APPORTION-
MENT.—Section 47114(c)(1) is amended— 
(1) by striking ‘‘and’’ after the semicolon in sub-
paragraph (E)(ii); 
(2) by striking ‘‘airport.’’ in subparagraph 
(E)(iii) and inserting ‘‘airport; and’’; 
(3) by adding at the end of subparagraph (E) 
the following: 
‘‘(iv) the airport received scheduled or 
unscheduled air service from a large cer-
tified air carrier (as defined in part 241 of 
title 14, Code of Federal Regulations, or 
such other regulations as may be issued by 
the Secretary under the authority of section 
41709) and the Secretary determines that 
the airport had more than 10,000 passenger 
boardings in the preceding calendar year, 
based on data submitted to the Secretary 
under part 241 of title 14, Code of Federal 
Regulations.’’; 
(4) in subparagraph (G)—
HR 658 EAS 
(A) by striking ‘‘FISCAL YEAR 2006’’ in the 
heading and inserting ‘‘FISCAL
YEARS
2008 
THROUGH 2011’’; 
(B) by striking ‘‘fiscal year 2006’’ and in-
serting ‘‘fiscal years 2008 through 2011’’; 
(C) by striking clause (i) and inserting the 
following: 
‘‘(i) the average annual passenger 
boardings at the airport for calendar years 
2004 through 2006 were below 10,000 per 
year;’’; and 
(D) by striking ‘‘2000 or 2001;’’ in clause 
(ii) and inserting ‘‘2003;’’; and 
(5) by adding at the end thereof the following: 
‘‘(H) SPECIAL RULE FOR FISCAL YEARS 2010 
AND 2011.—Notwithstanding subparagraph (A), for 
an airport that had more than 10,000 passenger 
boardings and scheduled passenger aircraft service in 
calendar year 2007, but in either calendar years 2008 
or 2009, or both years, the number of passenger 
boardings decreased to a level below 10,000 boardings 
per year at such airport, the Secretary may appor-
tion in fiscal years 2010 or 2011 to the sponsor of 
such an airport an amount equal to the amount ap-
portioned to that sponsor in fiscal year 2009.’’.
HR 658 EAS 
(j) MOBILE REFUELER PARKING CONSTRUCTION.— 
Section 47102(3) is amended by adding at the end the fol-
lowing: 
‘‘(M) construction of mobile refueler parking 
within a fuel farm at a nonprimary airport 
meeting the requirements of section 112.8 of title 
40, Code of Federal Regulations.’’. 
(k) DISCRETIONARY FUND.—Section 47115(g)(1) is 
amended by striking ‘‘of—’’ and all that follows and insert-
ing ‘‘of $520,000,000. The amount credited is exclusive of 
amounts that have been apportioned in a prior fiscal year 
under section 47114 of this title and that remain available 
for obligation.’’. 
SEC. 209. STATE BLOCK GRANT PROGRAM. 
Section 47128 is amended— 
(1) by striking ‘‘regulations’’ each place it ap-
pears in subsection (a) and inserting ‘‘guidance’’; 
(2) by striking ‘‘grant;’’ in subsection (b)(4) and 
inserting ‘‘grant, including Federal environmental re-
quirements or an agreed upon equivalent;’’; 
(3) by redesignating subsection (c) as subsection 
(d) and inserting after subsection (b) the following: 
‘‘(c) PROJECT ANALYSIS
AND COORDINATION RE-
QUIREMENTS.—Any Federal agency that must approve, li-
cense, or permit a proposed action by a participating State
HR 658 EAS 
shall coordinate and consult with the State. The agency 
shall utilize the environmental analysis prepared by the 
State, provided it is adequate, or supplement that analysis 
as necessary to meet applicable Federal requirements.’’; and 
(4) by adding at the end the following: 
‘‘(e) PILOT PROGRAM.—The Secretary shall establish 
a pilot program for up to 3 States that do not participate 
in the program established under subsection (a) that is con-
sistent with the program under subsection (a).’’. 
SEC. 210. AIRPORT FUNDING OF SPECIAL STUDIES OR RE-
VIEWS. 
Section 47173(a) is amended by striking ‘‘project.’’ 
and inserting ‘‘project, or to conduct special environmental 
studies related to a federally funded airport project or for 
special studies or reviews to support approved noise com-
patibility measures in a Part 150 program or environ-
mental mitigation in a Federal Aviation Administration 
Record of Decision or Finding of No Significant Impact.’’. 
SEC. 211. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT 
PROCEDURES. 
Section 47504 is amended by adding at the end the 
following: 
‘‘(e) GRANTS FOR ASSESSMENT OF FLIGHT PROCE-
DURES.—
HR 658 EAS 
‘‘(1) The Secretary is authorized in accordance 
with subsection (c)(1) to make a grant to an airport 
operator to assist in completing environmental review 
and assessment activities for proposals to implement 
flight procedures that have been approved for airport 
noise compatibility planning purposes under sub-
section (b). 
‘‘(2) The Administrator of the Federal Aviation 
Administration may accept funds from an airport 
sponsor, including funds provided to the sponsor 
under paragraph (1), to hire additional staff or ob-
tain the services of consultants in order to facilitate 
the timely processing, review and completion of envi-
ronmental activities associated with proposals to im-
plement flight procedures submitted and approved for 
airport noise compatibility planning purposes in ac-
cordance with this section. Funds received under this 
authority shall not be subject to the procedures appli-
cable to the receipt of gifts by the Administrator.’’. 
SEC. 212. SAFETY-CRITICAL AIRPORTS. 
Section 47118(c) is amended— 
(1) by striking ‘‘or’’ after the semicolon in para-
graph (1); 
(2) by striking ‘‘delays.’’ in paragraph (2) and 
inserting ‘‘delays; or’’; and
HR 658 EAS 
(3) by adding at the end the following: 
‘‘(3) be critical to the safety of commercial, mili-
tary, or general aviation in trans-oceanic flights.’’. 
SEC. 213. ENVIRONMENTAL MITIGATION DEMONSTRATION 
PILOT PROGRAM. 
(a) PILOT PROGRAM.—Subchapter I of chapter 471 is 
amended by adding at the end thereof the following: 
‘‘§ 47143. Environmental mitigation demonstration 
pilot program 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall carry out a pilot program involving not more than 
6 projects at public-use airports under which the Secretary 
may make grants to sponsors of such airports from funds 
apportioned under paragraph 47117(e)(1)(A) for use at 
such airports for environmental mitigation demonstration 
projects that will measurably reduce or mitigate aviation 
impacts on noise, air quality or water quality in the vicin-
ity of the airport. Notwithstanding any other provision of 
this subchapter, an environmental mitigation demonstra-
tion project approved under this section shall be treated as 
eligible for assistance under this subchapter. 
‘‘(b) PARTICIPATION IN PILOT PROGRAM.—A public- 
use airport shall be eligible for participation in the pilot. 
‘‘(c) SELECTION CRITERIA.—In selecting from among 
applicants for participation in the pilot program, the Sec-
HR 658 EAS 
retary may give priority consideration to environmental 
mitigation demonstration projects that— 
‘‘(1) will achieve the greatest reductions in air-
craft noise, airport emissions, or airport water qual-
ity impacts either on an absolute basis, or on a per- 
dollar-of-funds expended basis; and 
‘‘(2) will be implemented by an eligible consor-
tium. 
‘‘(d) FEDERAL SHARE.—Notwithstanding any other 
provision of this subchapter, the United States Govern-
ment’s share of the costs of a project carried out under this 
section shall be 50 percent. 
‘‘(e) MAXIMUM AMOUNT.—Not more than $2,500,000 
may be made available by the Secretary in grants under 
this section for any single project. 
‘‘(f) IDENTIFYING BEST PRACTICES.—The Adminis-
trator may develop and publish information identifying 
best practices for reducing or mitigating aviation impacts 
on noise, air quality, or water quality in the vicinity of 
airports, based on the projects carried out under the pilot 
program. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE CONSORTIUM.—The term ‘eligible 
consortium’ means a consortium that comprises 2 or 
more of the following entities:
HR 658 EAS 
‘‘(A) Businesses operating in the United 
States. 
‘‘(B) Public or private educational or re-
search organizations located in the United 
States. 
‘‘(C) Entities of State or local governments 
in the United States. 
‘‘(D) Federal laboratories. 
‘‘(2) ENVIRONMENTAL MITIGATION DEMONSTRA-
TION PROJECT.—The term ‘environmental mitigation 
demonstration project’ means a project that— 
‘‘(A) introduces new conceptual environ-
mental mitigation techniques or technology with 
associated benefits, which have already been 
proven in laboratory demonstrations; 
‘‘(B) proposes methods for efficient adapta-
tion or integration of new concepts to airport op-
erations; and 
‘‘(C) will demonstrate whether new tech-
niques or technology for environmental mitiga-
tion identified in research are— 
‘‘(i) practical to implement at or near 
multiple public use airports; and
HR 658 EAS 
‘‘(ii) capable of reducing noise, airport 
emissions, or water quality impacts in 
measurably significant amounts.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 471 is amended by inserting after the item relat-
ing to section 47142 the following: 
‘‘47143. Environmental mitigation demonstration pilot program’’. 
SECTION 214. ALLOWABLE PROJECT COSTS. 
(a) 
ALLOWABLE
PROJECT
COSTS.—Section 
47110(b)(2)(D) is amended to read as follows: 
‘‘(D) if the cost is for airport development 
and is incurred before execution of the grant 
agreement, but in the same fiscal year as execu-
tion of the grant agreement, and if— 
‘‘(i) the cost was incurred before execu-
tion of the grant agreement due to the short 
construction season in the vicinity of the 
airport; 
‘‘(ii) the cost is in accordance with an 
airport layout plan approved by the Sec-
retary and with all statutory and adminis-
trative requirements that would have been 
applicable to the project if the project had 
been carried out after execution of the grant 
agreement, including submission of a com-
plete grant application to the appropriate
HR 658 EAS 
regional or district office of the Federal 
Aviation Administration; 
‘‘(iii) the sponsor notifies the Secretary 
before authorizing work to commence on the 
project; 
‘‘(iv) the sponsor has an alternative 
funding source available to fund the project; 
and 
‘‘(v) the sponsor’s decision to proceed 
with the project in advance of execution of 
the grant agreement does not affect the pri-
ority assigned to the project by the Sec-
retary for the allocation of discretionary 
funds;’’. 
SEC. 215. GLYCOL RECOVERY VEHICLES. 
Section 47102(3)(G) is amended by inserting ‘‘includ-
ing acquiring glycol recovery vehicles,’’ after ‘‘aircraft,’’. 
SEC. 216. RESEARCH IMPROVEMENT FOR AIRCRAFT. 
Section 44504(b) is amended— 
(1) by striking ‘‘and’’ after the semicolon in 
paragraph (6); 
(2) by striking ‘‘aircraft.’’ in paragraph (7) and 
inserting ‘‘aircraft; and’’; and 
(3) by adding at the end thereof the following:
HR 658 EAS 
‘‘(8) to conduct research to support programs de-
signed to reduce gases and particulates emitted.’’. 
SEC. 217. UNITED STATES TERRITORY MINIMUM GUAR-
ANTEE. 
Section 47114(e) is amended— 
(1) by inserting ‘‘AND ANY UNITED STATES TER-
RITORY’’ after ‘‘ALASKA’’ in the subsection heading; 
and 
(2) by adding at the end thereof the following: 
‘‘(5) UNITED
STATES
TERRITORY
MINIMUM 
GUARANTEE.—In any fiscal year in which the total 
amount apportioned to airports in a United States 
Territory under subsections (c) and (d) is less than 
1.5 percent of the total amount apportioned to all air-
ports under those subsections, the Secretary may ap-
portion to the local authority in any United States 
Territory responsible for airport development projects 
in that fiscal year an amount equal to the difference 
between 1.5 percent of the total amounts apportioned 
under subsections (c) and (d) in that fiscal year and 
the amount otherwise apportioned under those sub-
sections to airports in a United States Territory in 
that fiscal year.’’.
HR 658 EAS 
SEC. 218. MERRILL FIELD AIRPORT, ANCHORAGE, ALASKA. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, including the Federal Airport Act (as in effect 
on August 8, 1958), the United States releases, without 
monetary consideration, all restrictions, conditions, and 
limitations on the use, encumbrance, or conveyance of cer-
tain land located in the municipality of Anchorage, Alaska, 
more particularly described as Tracts 22 and 24 of the 
Fourth Addition to the Town Site of Anchorage, Alaska, 
as shown on the plat of U.S. Survey No. 1456, accepted 
June 13, 1923, on file in the Bureau of Land Management, 
Department of Interior. 
(b) GRANTS.—Notwithstanding any other provision of 
law, the municipality of Anchorage shall be released from 
the repayment of any outstanding grant obligations owed 
by the municipality to the Federal Aviation Administration 
with respect to any land described in subsection (a) that 
is subsequently conveyed to or used by the Department of 
Transportation and Public Facilities of the State of Alaska 
for the construction or reconstruction of a federally sub-
sidized highway project. 
SEC. 219. RELEASE FROM RESTRICTIONS. 
(a) IN GENERAL.—Subject to subsection (b), and not-
withstanding section 16 of the Federal Airport Act (as in 
effect on August 28, 1973) and sections 47125 and 47153 
of title 49, United States Code, the Secretary of Transpor-
HR 658 EAS 
tation is authorized to grant releases from any of the terms, 
conditions, reservations, and restrictions contained in the 
deed of conveyance dated August 28, 1973, under which the 
United States conveyed certain property to the city of St. 
George, Utah, for airport purposes. 
(b) CONDITION.—Any release granted by the Secretary 
of Transportation pursuant to subsection (a) shall be subject 
to the following conditions: 
(1) The city of St. George, Utah, shall agree that 
in conveying any interest in the property which the 
United States conveyed to the city by deed on August 
28, 1973, the city will receive an amount for such in-
terest which is equal to its fair market value. 
(2) Any amount received by the city under para-
graph (1) shall be used by the city of St. George, 
Utah, for the development or improvement of a re-
placement public airport. 
(c) ADDITIONAL RELEASE FROM RESTRICTIONS.— 
(1) IN GENERAL.—In addition to any release 
granted under subsection (a), the Secretary of Trans-
portation may, subject to paragraph (2), grant re-
leases from any of the terms, conditions, reservations, 
and restrictions contained in the deed of conveyance 
numbered 30–82–0048 and dated August 4, 1982, 
under which the United States conveyed certain land
HR 658 EAS 
to Don˜a Ana County, New Mexico, for airport pur-
poses. 
(2) CONDITIONS.—Any release granted by the 
Secretary under paragraph (1) shall be subject to the 
following conditions: 
(A) The County shall agree that in con-
veying any interest in the land that the United 
States conveyed to the County by the deed de-
scribed in paragraph (1), the County shall re-
ceive an amount for the interest that is equal to 
the fair market value. 
(B) Any amount received by the County for 
the conveyance shall be used by the County for 
the development, improvement, operation, or 
maintenance of the airport. 
SEC. 220. DESIGNATION OF FORMER MILITARY AIRPORTS. 
Section 47118(g) is amended by striking ‘‘one’’ and 
inserting ‘‘three’’ in its place. 
SEC. 221. AIRPORT SUSTAINABILITY PLANNING WORKING 
GROUP. 
(a) IN GENERAL.—The Administrator shall establish 
an airport sustainability working group to assist the Ad-
ministrator with issues pertaining to airport sustainability 
practices.
HR 658 EAS 
(b) MEMBERSHIP.—The Working Group shall be com-
prised of not more than 15 members including— 
(1) the Administrator; 
(2) 5 member organizations representing avia-
tion interests including: 
(A) an organization representing airport 
operators; 
(B) an organization representing airport 
employees; 
(C) an organization representing air car-
riers; 
(D) an organization representing airport 
development and operations experts; 
(E) a labor organization representing avia-
tion employees. 
(3) 9 airport chief executive officers which shall 
include: 
(A) at least one from each of the FAA Re-
gions; 
(B) at least 1 large hub; 
(C) at least 1 medium hub; 
(D) at least 1 small hub; 
(E) at least 1 non hub; 
(F) at least 1 general aviation airport. 
(c) FUNCTIONS.—
HR 658 EAS 
(1) develop consensus-based best practices and 
metrics for the sustainable design, construction, plan-
ning, maintenance, and operation of an airport that 
comply with the guidelines prescribed by the Admin-
istrator; 
(2) develop standards for a consensus-based rat-
ing system based on the aforementioned best practices, 
metrics, and ratings; and 
(3) develop standards for a voluntary ratings 
process, based on the aforementioned best practices, 
metrics, and ratings; 
(4) examine and submit recommendations for the 
industry’s next steps with regard to sustainability. 
(d) DETERMINATION.—The Administrator shall pro-
vide assurance that the best practices developed by the work-
ing group under paragraph (a) are not in conflict with any 
federal aviation or federal, state or local environmental reg-
ulation. 
(e) UNPAID POSITION.—Working Group members shall 
serve at their own expense and receive no salary, reimburse-
ment of travel expenses, or other compensation from the 
Federal Government. 
(f) NONAPPLICABILITY OF FACA.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) shall not apply to the 
Working Group under this section.
HR 658 EAS 
(g) REPORT.—Not later than one year after the date 
of enactment the Working Group shall submit a report to 
the Administrator containing the best practices and stand-
ards contained in paragraph (c). After receiving the report, 
the Administrator may publish such best practices in order 
to disseminate the information to support the sustainable 
design, construction, planning, maintenance, and oper-
ations of airports. 
(h) No funds may be authorized to carry out this pro-
vision. 
SEC. 222. INCLUSION OF MEASURES TO IMPROVE THE EFFI-
CIENCY OF AIRPORT BUILDINGS IN AIRPORT 
IMPROVEMENT PROJECTS. 
Section 47101(a) is amended— 
(1) in paragraph (12), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (13), by striking the period 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(14) that the airport improvement program 
should be administered to allow measures to improve 
the efficiency of airport buildings to be included in 
airport improvement projects, such as measures de-
signed to meet one or more of the criteria for being 
a high-performance green building set forth in section
HR 658 EAS 
401(13) of the Energy Independence and Security Act 
of 2007 (42 U.S.C. 17061(13)), if any significant in-
crease in upfront project costs from any such measure 
is justified by expected savings over the lifecycle of the 
project.’’. 
SEC. 223. STUDY ON APPORTIONING AMOUNTS FOR AIR-
PORT IMPROVEMENT IN PROPORTION TO 
AMOUNTS OF AIR TRAFFIC. 
(a) STUDY AND REPORT REQUIRED.—Not later than 
180 days after the date of the enactment of this Act, the 
Administrator of the Federal Aviation Administration 
shall— 
(1) complete a study on the feasibility and advis-
ability of apportioning amounts under section 
47114(c)(1) of title 49, United States Code, to the 
sponsor of each primary airport for each fiscal year 
an amount that bears the same ratio to the amount 
subject to the apportionment for fiscal year 2009 as 
the number of passenger boardings at the airport dur-
ing the prior calendar year bears to the aggregate of 
all passenger boardings at all primary airports dur-
ing that calendar year; and 
(2) submit to Congress a report on the study 
completed under paragraph (1).
HR 658 EAS 
(b) REPORT CONTENTS.—The report required by sub-
section (a)(2) shall include the following: 
(1) A description of the study carried out under 
subsection (a)(1). 
(2) The findings of the Administrator with re-
spect to such study. 
(3) A list of each sponsor of a primary airport 
that received an amount under section 47114(c)(1) of 
title 49, United States Code, in 2009. 
(4) For each sponsor listed in accordance with 
paragraph (3), the following: 
(A) The amount such sponsor received, if 
any, in 2005, 2006, 2007, 2008, and 2009 under 
such section 47114(c)(1). 
(B) An explanation of how the amount 
awarded to such sponsor was determined. 
(C) The average number of air passenger 
flights serviced each month at the airport of such 
sponsor in 2009. 
(D) The number of enplanements for air 
passenger transportation at such airport in 
2005, 2006, 2007, 2008, and 2009. 
SEC. 224. USE OF MINERAL REVENUE AT CERTAIN AIR-
PORTS. 
(a) DEFINITIONS.—In this section:
HR 658 EAS 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Federal Avia-
tion Administration. 
(2) GENERAL
AVIATION
AIRPORT.—The term 
‘‘general aviation airport’’ means an airport that 
does not receive scheduled passenger aircraft service. 
(b) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Administrator of the Federal Aviation Ad-
ministration (referred to in this section as the ‘‘Adminis-
trator’’) may declare certain revenue derived from or gen-
erated by mineral extraction, production, lease or other 
means at any general aviation airport to be revenue greater 
than the amount needed to carry out the 5-year projected 
maintenance needs of the airport in order to comply with 
the applicable design and safety standards of the Federal 
Aviation Administration. 
(c) USE OF REVENUE.—An airport sponsor that is in 
compliance with the conditions under subsection (d) may 
allocate revenue identified by the Administrator under sub-
section (b) for Federal, State, or local transportation infra-
structure projects carried out by the airport sponsor or by 
a governing body within the geographical limits of the air-
port sponsor’s jurisdiction.
HR 658 EAS 
(d) CONDITIONS.—An airport sponsor may not allo-
cate revenue identified by the Administrator under sub-
section (b) unless the airport sponsor— 
(1) enters into a written agreement with the Ad-
ministrator that sets forth a 5-year capital improve-
ment program for the airport, which— 
(A) includes the projected costs for the oper-
ation, maintenance, and capacity needs of the 
airport in order to comply with applicable de-
sign and safety standards of the Federal Avia-
tion Administration; and 
(B) appropriately adjusts such costs to ac-
count for inflation; 
(2) agrees in writing— 
(A) to waive all rights to receive entitlement 
funds or discretionary funds to be used at the 
airport under section 47114 or 47115 of title 49, 
United States Code, during the 5-year period of 
the capital improvement plan described in para-
graph (1); 
(B) to perpetually comply with sections 
47107(b) and 47133 of such title, unless granted 
specific exceptions by the Administrator in ac-
cordance with this section; and
HR 658 EAS 
(C) to operate the airport as a public-use 
airport, unless the Administrator specifically 
grants a request to allow the airport to close; and 
(3) complies with all grant assurance obligations 
in effect as of the date of the enactment of this Act 
during the 20-year period beginning on the date of 
enactment of this Act; 
(e) COMPLETION OF DETERMINATION.—Not later than 
90 days after receiving an airport sponsor’s application 
and requisite supporting documentation to declare that cer-
tain mineral revenue is not needed to carry out the 5-year 
capital improvement program at such airport, the Adminis-
trator shall determine whether the airport sponsor’s request 
should be granted. The Administrator may not unreason-
ably deny an application under this subsection. 
(f) RULEMAKING.—Not later than 90 days after the 
date of the enactment of this Act, the Administrator shall 
promulgate regulations to carry out this section. 
TITLE 
III—AIR 
TRAFFIC 
CON-
TROL MODERNIZATION AND 
FAA REFORM 
SEC. 301. AIR TRAFFIC CONTROL MODERNIZATION OVER-
SIGHT BOARD. 
Section 106(p) is amended to read as follows:
HR 658 EAS 
‘‘(p) AIR TRAFFIC CONTROL MODERNIZATION OVER-
SIGHT BOARD.— 
‘‘(1) ESTABLISHMENT.—Within 90 days after the 
date of enactment of the FAA Air Transportation 
Modernization and Safety Improvement Act, the Sec-
retary shall establish and appoint the members of an 
advisory Board which shall be known as the Air Traf-
fic Control Modernization Oversight Board. 
‘‘(2) MEMBERSHIP.—The Board shall be com-
prised of the individual appointed or designated 
under section 302 of the FAA Air Transportation 
Modernization and Safety Improvement Act (who 
shall serve ex officio without the right to vote) and 9 
other members, who shall consist of— 
‘‘(A) the Administrator and a representa-
tive from the Department of Defense; 
‘‘(B) 1 member who shall have a fiduciary 
responsibility to represent the public interest; 
and 
‘‘(C) 6 members representing aviation inter-
ests, as follows: 
‘‘(i) 1 representative that is the chief 
executive officer of an airport.
HR 658 EAS 
‘‘(ii) 1 representative that is the chief 
executive officer of a passenger or cargo air 
carrier. 
‘‘(iii) 1 representative of a labor orga-
nization representing employees at the Fed-
eral Aviation Administration that are in-
volved with the operation of the air traffic 
control system. 
‘‘(iv) 1 representative with extensive 
operational experience in the general avia-
tion community. 
‘‘(v) 1 representative from an aircraft 
manufacturer. 
‘‘(vi) 1 representative of a labor orga-
nization representing employees at the Fed-
eral Aviation Administration who are in-
volved with maintenance of the air traffic 
control system. 
‘‘(3) APPOINTMENT AND QUALIFICATIONS.— 
‘‘(A) Members of the Board appointed under 
paragraphs (2)(B) and (2)(C) shall be appointed 
by the President, by and with the advice and 
consent of the Senate. 
‘‘(B) Members of the Board appointed under 
paragraph (2)(B) shall be citizens of the United
HR 658 EAS 
States and shall be appointed without regard to 
political affiliation and solely on the basis of 
their professional experience and expertise in one 
or more of the following areas and, in the aggre-
gate, should collectively bring to bear expertise 
in— 
‘‘(i) management of large service orga-
nizations; 
‘‘(ii) customer service; 
‘‘(iii) management of large procure-
ments; 
‘‘(iv) information and communications 
technology; 
‘‘(v) organizational development; and 
‘‘(vi) labor relations. 
‘‘(C) Of the members first appointed under 
paragraphs (2)(B) and (2)(C)— 
‘‘(i) 2 shall be appointed for terms of 
1 year; 
‘‘(ii) 1 shall be appointed for a term of 
2 years; 
‘‘(iii) 1 shall be appointed for a term 
of 3 years; and 
‘‘(iv) 1 shall be appointed for a term 
of 4 years.
HR 658 EAS 
‘‘(4) FUNCTIONS.— 
‘‘(A) IN GENERAL.—The Board shall— 
‘‘(i) review and provide advice on the 
Administration’s modernization programs, 
budget, and cost accounting system; 
‘‘(ii) review the Administration’s stra-
tegic plan and make recommendations on 
the non-safety program portions of the plan, 
and provide advice on the safety programs 
of the plan; 
‘‘(iii) review the operational efficiency 
of the air traffic control system and make 
recommendations on the operational and 
performance metrics for that system; 
‘‘(iv) approve procurements of air traf-
fic 
control 
equipment 
in 
excess 
of 
$100,000,000; 
‘‘(v) approve by July 31 of each year 
the Administrator’s budget request for fa-
cilities and equipment prior to its submis-
sion to the Office of Management and budg-
et, including which programs are proposed 
to be funded from the Air Traffic control 
system Modernization Account of the Air-
port and Airway Trust Fund;
HR 658 EAS 
‘‘(vi) approve the Federal Aviation Ad-
ministration’s Capital Investment Plan 
prior to its submission to the Congress; 
‘‘(vii) annually review and make rec-
ommendations on the NextGen Implementa-
tion Plan; 
‘‘(viii) approve the Administrator’s se-
lection of the Chief NextGen Officer ap-
pointed or designated under section 302(a) 
of the FAA Air Transportation Moderniza-
tion and Safety Improvement Act; and 
‘‘(ix) approve the selection of the head 
of the Joint Planning and Development Of-
fice. 
‘‘(B) MEETINGS.—The Board shall meet on 
a regular and periodic basis or at the call of the 
Chairman or of the Administrator. 
‘‘(C) ACCESS TO DOCUMENTS AND STAFF.— 
The Administration may give the Board appro-
priate access to relevant documents and per-
sonnel of the Administration, and the Adminis-
trator shall make available, consistent with the 
authority to withhold commercial and other pro-
prietary information under section 552 of title 5, 
cost data associated with the acquisition and op-
HR 658 EAS 
eration of air traffic control systems. Any mem-
ber of the Board who receives commercial or 
other proprietary data from the Administrator 
shall be subject to the provisions of section 1905 
of title 18, pertaining to unauthorized disclosure 
of such information. 
‘‘(5) FEDERAL ADVISORY COMMITTEE ACT NOT 
TO APPLY.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Board or such 
rulemaking committees as the Administrator shall 
designate. 
‘‘(6) ADMINISTRATIVE MATTERS.— 
‘‘(A) TERMS OF MEMBERS.—Except as pro-
vided in paragraph (3)(C), members of the 
Board appointed under paragraph (2)(B) and 
(2)(C) shall be appointed for a term of 4 years. 
‘‘(B) REAPPOINTMENT.—No individual may 
be appointed to the Board for more than 8 years 
total. 
‘‘(C) VACANCY.—Any vacancy on the Board 
shall be filled in the same manner as the original 
position. Any member appointed to fill a va-
cancy occurring before the expiration of the term 
for which the member’s predecessor was ap-
pointed shall be appointed for a term of 4 years.
HR 658 EAS 
‘‘(D) CONTINUATION IN OFFICE.—A member 
of the Board whose term expires shall continue 
to serve until the date on which the member’s 
successor takes office. 
‘‘(E) REMOVAL.—Any member of the Board 
appointed under paragraph (2)(B) or (2)(C) 
may be removed by the President for cause. 
‘‘(F) CLAIMS
AGAINST
MEMBERS
OF
THE 
BOARD.— 
‘‘(i) IN
GENERAL.—A member ap-
pointed to the Board shall have no personal 
liability under State or Federal law with 
respect to any claim arising out of or re-
sulting from an act or omission by such 
member within the scope of service as a 
member of the Board. 
‘‘(ii) EFFECT ON OTHER LAW.—This 
subparagraph shall not be construed— 
‘‘(I) to affect any other immunity 
or protection that may be available to 
a member of the Board under applica-
ble law with respect to such trans-
actions;
HR 658 EAS 
‘‘(II) to affect any other right or 
remedy against the United States 
under applicable law; or 
‘‘(III) to limit or alter in any 
way the immunities that are available 
under applicable law for Federal offi-
cers and employees. 
‘‘(G) 
ETHICAL
CONSIDERATIONS.—Each 
member of the Board appointed under para-
graph (2)(B) must certify that the member— 
‘‘(i) does not have a pecuniary interest 
in, or own stock in or bonds of, an aviation 
or aeronautical enterprise, except an inter-
est in a diversified mutual fund or an in-
terest that is exempt from the application of 
section 208 of title 18; 
‘‘(ii) does not engage in another busi-
ness related to aviation or aeronautics; and 
‘‘(iii) is not a member of any organi-
zation that engages, as a substantial part of 
its activities, in activities to influence avia-
tion-related legislation. 
‘‘(H) CHAIRMAN; 
VICE
CHAIRMAN.—The 
Board shall elect a chair and a vice chair from 
among its members, each of whom shall serve for
HR 658 EAS 
a term of 2 years. The vice chair shall perform 
the duties of the chairman in the absence of the 
chairman. 
‘‘(I) COMPENSATION.—No member shall re-
ceive any compensation or other benefits from the 
Federal Government for serving on the Board, 
except for compensation benefits for injuries 
under subchapter I of chapter 81 of title 5 and 
except as provided under subparagraph (J). 
‘‘(J) EXPENSES.—Each member of the 
Board shall be paid actual travel expenses and 
per diem in lieu of subsistence expenses when 
away from his or her usual place of residence, in 
accordance with section 5703 of title 5. 
‘‘(K) BOARD RESOURCES.—From resources 
otherwise available to the Administrator, the 
Chairman shall appoint such staff to assist the 
board and provide impartial analysis, and the 
Administrator shall make available to the Board 
such information and administrative services 
and assistance, as may reasonably be required to 
enable the Board to carry out its responsibilities 
under this subsection. 
‘‘(L) QUORUM AND VOTING.—A simple ma-
jority of members of the Board duly appointed
HR 658 EAS 
shall constitute a quorum. A majority vote of 
members present and voting shall be required for 
the Committee to take action. 
‘‘(7) AIR TRAFFIC CONTROL SYSTEM DEFINED.— 
In this subsection, the term ‘air traffic control system’ 
has the meaning given that term in section 
40102(a).’’. 
SEC. 302. NEXTGEN MANAGEMENT. 
(a) IN GENERAL.—The Administrator shall appoint or 
designate an individual, as the Chief NextGen Officer, to 
be responsible for implementation of all Administration 
programs associated with the Next Generation Air Trans-
portation System. 
(b) SPECIFIC DUTIES.—The individual appointed or 
designated under subsection (a) shall— 
(1) oversee the implementation of all Adminis-
tration NextGen programs; 
(2) coordinate implementation of those NextGen 
programs with the Office of Management and Budget; 
(3) develop an annual NextGen implementation 
plan; 
(4) ensure that Next Generation Air Transpor-
tation System implementation activities are planned 
in such a manner as to require that system architec-
ture is designed to allow for the incorporation of
HR 658 EAS 
novel and currently unknown technologies into the 
System in the future and that current decisions do 
not bias future decisions unfairly in favor of existing 
technology at the expense of innovation; and 
(5) oversee the Joint Planning and Development 
Office’s facilitation of cooperation among all Federal 
agencies whose operations and interests are affected 
by implementation of the NextGen programs. 
SEC. 303. FACILITATION OF NEXT GENERATION AIR TRAF-
FIC SERVICES. 
Section 106(l) is amended by adding at the end the 
following: 
‘‘(7) AIR TRAFFIC SERVICES.—In determining 
what actions to take, by rule or through an agreement 
or transaction under paragraph (6) or under section 
44502, to permit non-Government providers of com-
munications, navigation, surveillance or other services 
to provide such services in the National Airspace Sys-
tem, or to require the usage of such services, the Ad-
ministrator shall consider whether such actions 
would— 
‘‘(A) promote the safety of life and property; 
‘‘(B) improve the efficiency of the National 
Airspace System and reduce the regulatory bur-
den upon National Airspace System users, based
HR 658 EAS 
upon sound engineering principles, user oper-
ational requirements, and marketplace demands; 
‘‘(C) encourage competition and provide 
services to the largest feasible number of users; 
and 
‘‘(D) take into account the unique role 
served by general aviation.’’. 
SEC. 304. CLARIFICATION OF AUTHORITY TO ENTER INTO 
REIMBURSABLE AGREEMENTS. 
Section 106(m) is amended by striking ‘‘without’’ in 
the last sentence and inserting ‘‘with or without’’. 
SEC. 305. CLARIFICATION TO ACQUISITION REFORM AU-
THORITY. 
Section 40110(c) is amended— 
(1) by inserting ‘‘and’’ after the semicolon in 
paragraph (3); 
(2) by striking paragraph (4); and 
(3) by redesignating paragraph (5) as para-
graph (4). 
SEC. 306. ASSISTANCE TO OTHER AVIATION AUTHORITIES. 
Section 40113(e) is amended— 
(1) by inserting ‘‘(whether public or private)’’ in 
paragraph (1) after ‘‘authorities’’; 
(2) by striking ‘‘safety.’’ in paragraph (1) and 
inserting ‘‘safety or efficiency. The Administrator is
HR 658 EAS 
authorized to participate in, and submit offers in re-
sponse to, competitions to provide these services, and 
to contract with foreign aviation authorities to pro-
vide these services consistent with the provisions 
under section 106(l)(6) of this title. The Adminis-
trator is also authorized, notwithstanding any other 
provision of law or policy, to accept payments in ar-
rears.’’; and 
(3) by striking ‘‘appropriation from which ex-
penses were incurred in providing such services.’’ in 
paragraph (3) and inserting ‘‘appropriation current 
when the expenditures are or were paid, or the appro-
priation current when the amount is received.’’. 
SEC. 307. PRESIDENTIAL RANK AWARD PROGRAM. 
Section 40122(g)(2) is amended— 
(1) by striking ‘‘and’’ after the semicolon in sub-
paragraph (G); 
(2) by striking ‘‘Board.’’ in subparagraph (H) 
and inserting ‘‘Board; and’’; and 
(3) by inserting at the end the following new 
subparagraph: 
‘‘(I) subsections (b), (c), and (d) of section 
4507 (relating to Meritorious Executive or Dis-
tinguished Executive rank awards), and sub-
sections (b) and (c) of section 4507a (relating to
HR 658 EAS 
Meritorious Senior Professional or Distinguished 
Senior Professional rank awards), except that— 
‘‘(i) for purposes of applying such pro-
visions to the personnel management sys-
tem— 
‘‘(I) the term ‘agency’ means the 
Department of Transportation; 
‘‘(II) the term ‘senior executive’ 
means a Federal Aviation Administra-
tion executive; 
‘‘(III) the term ‘career appointee’ 
means a Federal Aviation Administra-
tion career executive; and 
‘‘(IV) the term ‘senior career em-
ployee’ means a Federal Aviation Ad-
ministration career senior professional; 
‘‘(ii) receipt by a career appointee of 
the rank of Meritorious Executive or Meri-
torious Senior Professional entitles such in-
dividual to a lump-sum payment of an 
amount equal to 20 percent of annual basic 
pay, which shall be in addition to the basic 
pay paid under the Federal Aviation Ad-
ministration Executive Compensation Plan; 
and
HR 658 EAS 
‘‘(iii) receipt by a career appointee of 
the rank of Distinguished Executive or Dis-
tinguished Senior Professional entitles the 
individual to a lump-sum payment of an 
amount equal to 35 percent of annual basic 
pay, which shall be in addition to the basic 
pay paid under the Federal Aviation Ad-
ministration 
Executive 
Compensation 
Plan.’’. 
SEC. 308. NEXT GENERATION FACILITIES NEEDS ASSESS-
MENT. 
(a) FAA CRITERIA FOR FACILITIES REALIGNMENT.— 
Within 9 months after the date of enactment of this Act, 
the Administrator, after providing an opportunity for pub-
lic comment, shall publish final criteria to be used in mak-
ing the Administrator’s recommendations for the realign-
ment of services and facilities to assist in the transition 
to next generation facilities and help reduce capital, oper-
ating, maintenance, and administrative costs with no ad-
verse effect on safety. 
(b) REALIGNMENT
RECOMMENDATIONS.—Within 9 
months after publication of the criteria, the Administrator 
shall publish a list of the services and facilities that the 
Administrator recommends for realignment, including a 
justification for each recommendation and a description of
HR 658 EAS 
the costs and savings of such transition, in the Federal Reg-
ister and allow 45 days for the submission of public com-
ments to the Board. In addition, the Administrator upon 
request shall hold a public hearing in any community that 
would be affected by a recommendation in the report. 
(c) STUDY BY BOARD.—The Air Traffic Control Mod-
ernization Oversight Board established by section 106(p) of 
title 49, United States Code, shall study the Administrator’s 
recommendations for realignment and the opportunities, 
risks, and benefits of realigning services and facilities of 
the Administration to help reduce capital, operating, main-
tenance, and administrative costs with no adverse effect on 
safety. 
(d) REVIEW AND RECOMMENDATIONS.— 
(1) Based on its review and analysis of the Ad-
ministrator’s recommendations and any public com-
ment it may receive, the Board shall make its inde-
pendent recommendations for realignment of aviation 
services or facilities and submit its recommendations 
in a report to the President, the Senate Committee on 
Commerce, Science, and Transportation, and the 
House of Representatives Committee on Transpor-
tation and Infrastructure. 
(2) The Board shall explain and justify in its re-
port any recommendation made by the Board that is
HR 658 EAS 
different from the recommendations made by the Ad-
ministrator pursuant to subsection (b). 
(3) The Administrator may not realign any air 
traffic control facilities or regional offices until the 
Board’s recommendations are complete, unless for 
each proposed realignment the Administrator and 
each exclusive bargaining representative certified 
under section 7114 of title 5, United States Code, of 
affected employees execute a written agreement re-
garding the proposed realignment. 
(e) REALIGNMENT DEFINED.—In this section, the term 
‘‘realignment’’— 
(1) means a relocation or reorganization of func-
tions, services, or personnel positions, including a fa-
cility closure, consolidation, deconsolidation, colloca-
tion, decombining, decoupling, split, or inter-facility 
or inter-regional reorganization that requires a reas-
signment of employees; but 
(2) does not include a reduction in personnel re-
sulting from workload adjustments. 
SEC. 309. NEXT GENERATION AIR TRANSPORTATION SYS-
TEM IMPLEMENTATION OFFICE. 
(a) IMPROVED
COOPERATION
AND
COORDINATION 
AMONG PARTICIPATING AGENCIES.—Section 709 of the Vi-
HR 658 EAS 
tation System implementation activities 
with the Office; 
‘‘(ii) liaison and coordination with 
other Departments and agencies involved in 
Next Generation Air Transportation System 
activities; and 
‘‘(iii) managing all Next Generation 
Air Transportation System programs for 
the Department or agency, including nec-
essary budgetary and staff resources, includ-
ing, for the Federal Aviation Administra-
tion, those projects described in section 
44501(b)(5) of title 49, United States Code). 
‘‘(C) The head of any such Department or 
agency shall ensure that— 
‘‘(i) the Department’s or agency’s Next 
Generation Air Transportation System re-
sponsibilities are clearly communicated to 
the designated office; and 
‘‘(ii) the performance of supervisory 
personnel in that office in carrying out the 
Department’s or agency’s Next Generation 
Air Transportation System responsibilities 
is reflected in their annual performance 
evaluations and compensation decisions.