Independent Safety Board Act Amendments of 1994
PL 103-411 (H.R.2440), enacted 10/25/1994

108 STAT. 4236 
PUBLIC LAW 103-411—OCT. 25, 1994 
Public Law 103-411 
103d Congress 
An Act 
Oct. 25, 1994 
To amend the Independent Safety Board Act of 1974 to authorize appropriations 
[H.R. 2440] 
for fiscal years 1994, 1995, and 1996, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
Independent 
the United States of America in Congress assembled, 
S9.i6t]v Bodrd A.ct 
Amendments of 
SECTION 1. SHORT TITLE. 
1994 
49 use 101 note. 
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 foUows: 
*(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 PUBUC 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 Eissociated with the performance of, a govern-
mental fiinction such as firefighting, seeirch and 
rescue, law enforcement, aeronautical research, or 
biological or geological resource management; or 
*XII) transporting (for other than commercial 
purposes) persons aboard the aircraft if the sdrcraft 
is operated by the Armed Forces or an intelligence 
agency of tlie United States. 
An aircraft described in the preceding sentence shaU, not-
withstanding any Umitation 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-
PUBLIC LAW 103-411—OCT. 25, 1994 
108 STAT. 4237 
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 hfe 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.— 
49 use 40io9 
(1) IN GENERAL.—The Administrator of the Federal Avia- "°*®-
tion Administration may grant an exemption to any unit of 
Federal, State, or local government fix)m any requirement of 
part A of subtitle VII of title 49, United States Code, that 
would otherwise be appUcable to current or fiiture 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 tjrpe of aircraft 
operated by the imit 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 aircrEift accident involving a public aircraft as defined by 
section 40102(a)(37) of this titie other than an aircraft operated 
by the Armed Forces or by an intelUgence agency of the United 
States". 
(2) DUTIES AND POWERS.—Section 1131 of titie 49, United 
States Code, is amended— 
(A) by redesignating subsection (d) as subsection (e); 
£Uld 
(B) by inserting after subsection (c) the following: 
"(d) ACCIDENTS INVOLVING PUBUC AIRCRAFT.—The Board, in 
fiirtherance of its investigative duties with respect to public aircraft 
accidents under subsection (a)(1)(A) of this section, snail 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 49 use 1131 
(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 Umitations 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 
fi:x)m the United States to the Parish of Rapides, Louisiana, dated 
note. 
108 STAT. 4238 
PUBLIC LAW 103-411—OCT. 25, 1994 
January 23, 1958, to the extent such reservations, restrictions, 
conditions, and Umitations 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 miUtary 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 on, gas, or other mineral resources either in or under the surface 
of the real property described in subsection (a). 
(d) FEDERAL AVIATION ADMINISTRATION.— 
(1) NONAPPLICABIUTY OF RELEASE T
O G
R
A
N
T 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 Aaministration 
shall enter into an agreement with the Aiiport 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 tlie 
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. 
Approved October 25, 1994. 
L E G I S L A T I V E H I S T O R Y — H . R . 2440 (S. 1588): 
HOUSE REPORTS: Nos. 103-239, Pt. 1 (Comm. on Public Works and Transportation) 
and Pt. 2 (Comm. on Energy and Commerce). 
S E N A T E REPORTS: No. 103-185 accompanying S. 1588 (Comm. on Commerce, 
Science, and Transportation). 
C O N G R E S S I O N A L RECORD: 
Vol. 139 (1993): Nov. 8, considered and passed House. 
Vol. 140 (1994): May 12, considered and passed Senate, amended, in lieu 
of S. 1588. 
Oct. 4, House concurred in Senate amendment with an 
amendment. 
Oct. 6, Senate concurred in House amendment.