S.Amdt. 3465

1. Adds TITLE VIII--ACCESS TO GENERAL AVIATION AIRPORTS after title VII

   Adds a title

   Inserted: TITLE VIII--ACCESS TO GENERAL AVIATION AIRPORTS

   Inserted: SEC. 801. SHORT TITLE.

   Inserted: This title may be cited as the "Community Airport Access and Protection Act of 2010".

   Inserted: SEC. 802. AGREEMENTS GRANTING THROUGH-THE-FENCE ACCESS TO GENERAL AVIATION AIRPORTS.

   Inserted: (a) In General.--Section 47107 is amended by adding at the end the following:

   Inserted: "(t) Agreements Granting Through-the-Fence Access to General Aviation Airports.--

   Inserted: "(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 condition 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, including any residential, nonresidential, or commercial property, access for aircraft located on that property to the airfield of the airport.

   Inserted: "(2) Through the fence agreements.--

   Inserted: "(A) In general.--An agreement described in paragraph (1) between an airport sponsor and a property owner shall be a written agreement that prescribes the rights, responsibilities, charges, duration, and other terms determined necessary to establish and manage the airport sponsor's relationship with the property owner.

   Inserted: "(B) Terms and conditions.--An agreement described in paragraph (1) between an airport sponsor and a property owner shall require the property owner, at minimum--

   Inserted: "(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;

   Inserted: "(ii) to bear the cost of building and maintaining the infrastructure necessary to provide aircraft located on the property adjacent to the airport access to the airfield of the airport; and

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   Inserted: "(iii) to operate and maintain the property, and conduct any construction activities on the property, at no cost to the airport and in a manner that--

   Inserted: "(I) is consistent with subsections (a)(7) and (a)(9);

   Inserted: "(II) does not alter the airport, including the facilities of the airport;

   Inserted: "(III) does not adversely affect the safety, utility, or efficiency of the airport;

   Inserted: "(IV) is compatible with the normal operations of the airport; and

   Inserted: "(V) is consistent with the airport's role in the National Plan of Integrated Airport Systems.

   Inserted: "(3) General aviation airport defined.--In this subsection, the term 'general aviation airport' means a public airport that is located in a State and that, as determined by the Secretary of Transportation--

   Inserted: "(A) does not have scheduled service; or

   Inserted: "(B) has scheduled service with less than 2,500 passenger boardings each year.".

   Inserted: (b) Applicability.--The amendment made by subsection (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.

   Original wording

   After title VII, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed