S.Amdt. 3544

SA 3544. Mr. INHOFE (for himself, Mr. Wyden, and Mr. Merkley)
submitted an amendment intended to be proposed to amendment SA 3452
proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an
additional tax on bonuses received from certain TARP recipients; which
was ordered to lie on the table; as follows:

After title VII, insert the following:

TITLE VIII--ACCESS TO GENERAL AVIATION AIRPORTS

SEC. 801. SHORT TITLE.

This title may be cited as the ``Community Airport Access
and Protection Act of 2010''.

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

(a) In General.--Section 47107 of title 49, United States
Code, is amended by adding at the end the following:
``(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 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 residential real property adjacent to the airport
access to the airfield of the airport for the following:
``(A) Aircraft of the person.
``(B) Aircraft authorized by the person.
``(2) Through the fence agreements.--
``(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.
``(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--
``(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 adjacent to the airport access to the airfield of
the airport;
``(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--

``(I) is consistent with subsections (a)(7) and (a)(9);
``(II) does not alter the airport, including the facilities
of the airport;
``(III) does not adversely affect the safety, utility, or
efficiency of the airport;
``(IV) is compatible with the normal operations of the
airport; and
``(V) is consistent with the airport's role in the National
Plan of Integrated Airport Systems;

``(iv) to maintain the property for residential,
noncommercial use for the duration of the agreement; and
``(v) to prohibit access to the airport from other
properties through the property of the property owner.
``(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--
``(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 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.
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