I 
111TH CONGRESS 
2D SESSION 
H. R. 4815 
To amend title 49, United States Code, to allow through-the-fence access 
to general aviation airports, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 10, 2010 
Mr. GRAVES (for himself, Mr. BOSWELL, Mr. EHLERS, and Mr. PETRI) intro-
duced the following bill; which was referred to the Committee on Trans-
portation and Infrastructure 
A BILL 
To amend title 49, United States Code, to allow through- 
the-fence access to general aviation airports, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Community Airport 
Access and Protection Act of 2010’’. 
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SEC. 2. AGREEMENTS GRANTING THROUGH-THE-FENCE AC-
CESS TO GENERAL AVIATION AIRPORTS. 
(a) IN GENERAL.—Section 47107 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(t) AGREEMENTS GRANTING THROUGH-THE-FENCE 
ACCESS TO GENERAL AVIATION AIRPORTS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), a 
sponsor of a general aviation airport shall not be 
considered to be in violation of this subtitle, or to be 
in violation of a grant assurance made under this 
section or under any other provision of law as a con-
dition for the receipt of Federal financial assistance 
for airport development, solely because the sponsor 
enters into an agreement that grants to a person 
that owns real property adjacent to the airport, in-
cluding any residential, nonresidential, or commer-
cial property, access for aircraft located on that 
property to the airfield of the airport. 
‘‘(2) THROUGH THE FENCE AGREEMENTS.— 
‘‘(A) IN
GENERAL.—An agreement de-
scribed in paragraph (1) between an airport 
sponsor and a property owner shall be a written 
agreement that prescribes the rights, respon-
sibilities, charges, duration, and other terms de-
termined necessary to establish and manage the 
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airport sponsor’s relationship with the property 
owner. 
‘‘(B) TERMS AND CONDITIONS.—An agree-
ment described in paragraph (1) between an 
airport sponsor and a property owner shall re-
quire the property owner, at minimum— 
‘‘(i) to pay airport access charges that 
are not less than those charged to tenants 
and operators on-airport making similar 
use of the airport; 
‘‘(ii) to bear the cost of building and 
maintaining the infrastructure necessary to 
provide aircraft located on the property ad-
jacent to the airport access to the airfield 
of the airport; and 
‘‘(iii) to operate and maintain the 
property, and conduct any construction ac-
tivities on the property, at no cost to the 
airport and in a manner that— 
‘‘(I) is consistent with sub-
sections (a)(7) and (a)(9); 
‘‘(II) does not alter the airport, 
including the facilities of the airport; 
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‘‘(III) does not adversely affect 
the safety, utility, or efficiency of the 
airport; 
‘‘(IV) is compatible with the nor-
mal operations of the airport; and 
‘‘(V) is consistent with the air-
port’s role in the National Plan of In-
tegrated Airport Systems. 
‘‘(3) GENERAL AVIATION AIRPORT DEFINED.— 
In this subsection, the term ‘general aviation air-
port’ means a public airport that is located in a 
State and that, as determined by the Secretary of 
Transportation— 
‘‘(A) does not have scheduled service; or 
‘‘(B) has scheduled service with less than 
2,500 passenger boardings each year.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply to an agreement between an airport 
sponsor and a property owner entered into before, on, or 
after the date of enactment of this Act. 
Æ 
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