S.Amdt. 57Senate112th Congress (2011-2013)

To authorize the Administrator of the Federal Aviation Administration to authorize general aviation airport sponsors to allocate mineral revenues not needed to carry out 5-year projected airport maintenance needs for other transportation infrastructure projects.

What it does: Adds SEC. 224. USE OF MINERAL REVENUE AT CERTAIN AIRPORTS on page 54, between lines 3 and 4
Submitted February 8, 2011

What it changes

1 change to S. 223

Adds a section
  1. Adds SEC. 224. USE OF MINERAL REVENUE AT CERTAIN AIRPORTS on page 54, between lines 3 and 4

    Adds a sectionPrinted page

    Inserted: SEC. 224. USE OF MINERAL REVENUE AT CERTAIN AIRPORTS.

    Inserted: (a) Definitions.--In this section:

    Inserted: (1) Administrator.--The term "Administrator" means the Administrator of the Federal Aviation Administration.

    Inserted: (2) General aviation airport.--The term "general aviation airport" means an airport that does not receive scheduled passenger aircraft service.

    Inserted: (b) In General.--Notwithstanding any other provision of law, the Administrator of the Federal Aviation Administration (referred to in this section as the "Administrator") may declare certain revenue derived from or generated 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.

    Inserted: (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 subsection (b) for Federal, State, or local transportation infrastructure projects carried out by the airport sponsor or by a governing body within the geographical limits of the airport sponsor's jurisdiction.

    Inserted: (d) Conditions.--An airport sponsor may not allocate revenue identified by the Administrator under subsection (b) unless the airport sponsor--

    Inserted: (1) enters into a written agreement with the Administrator that sets forth a 5-year capital improvement program for the airport, which--

    Inserted: (A) includes the projected costs for the operation, maintenance, and capacity needs of the airport in order to comply with applicable design and safety standards of the Federal Aviation Administration; and

    Inserted: (B) appropriately adjusts such costs to account for inflation;

    Inserted: (2) agrees in writing--

    Inserted: (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 paragraph (1);

    Show 5 more inserted paragraphs

    Inserted: (B) to perpetually comply with sections 47107(b) and 47133 of such title, unless granted specific exceptions by the Administrator in accordance with this section; and

    Inserted: (C) to operate the airport as a public-use airport, unless the Administrator specifically grants a request to allow the airport to close; and

    Inserted: (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;

    Inserted: (e) Completion of Determination.--Not later than 90 days after receiving an airport sponsor's application and requisite supporting documentation to declare that certain mineral revenue is not needed to carry out the 5-year capital improvement program at such airport, the Administrator shall determine whether the airport sponsor's request should be granted. The Administrator may not unreasonably deny an application under this subsection.

    Inserted: (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.

    Original wording

    On page 54, between lines 3 and 4, insert the following:

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

As printed

On page 54, between lines 3 and 4, insert the following:

SEC. 224. USE OF MINERAL REVENUE AT CERTAIN AIRPORTS.

(a) Definitions.--In this section:

(1) Administrator.--The term “Administrator” means the Administrator of the Federal Aviation 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 provision of law, the Administrator of the Federal Aviation Administration (referred to in this section as the “Administrator”) may declare certain revenue derived from or generated 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 subsection (b) for Federal, State, or local transportation infrastructure projects carried out by the airport sponsor or by a governing body within the geographical limits of the airport sponsor's jurisdiction.

(d) Conditions.--An airport sponsor may not allocate revenue identified by the Administrator under subsection (b) unless the airport sponsor--

(1) enters into a written agreement with the Administrator that sets forth a 5-year capital improvement program for the airport, which--

(A) includes the projected costs for the operation, maintenance, and capacity needs of the airport in order to comply with applicable design and safety standards of the Federal Aviation Administration; and

(B) appropriately adjusts such costs to account 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 paragraph (1);

(B) to perpetually comply with sections 47107(b) and 47133 of such title, unless granted specific exceptions by the Administrator in accordance with this section; and

(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 certain mineral revenue is not needed to carry out the 5-year capital improvement program at such airport, the Administrator shall determine whether the airport sponsor's request should be granted. The Administrator may not unreasonably 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.

Legislative Activity

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Senate amendment agreed to: Amendment SA 57 agreed to in Senate by Unanimous Consent.

February 17, 2011

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Floor

Senate amendment agreed to: Amendment SA 57 agreed to in Senate by Unanimous Consent.

February 17, 2011

Floor

Senate amendment proposed (on the floor): Amendment SA 57 proposed by Senator Hutchison.

February 17, 2011

Floor

Amendment SA 57 proposed by Senator Hutchison. (consideration: CR S830-833; text: CR S831-832) To authorize the Administrator of the Federal Aviation Administration to authorize general aviation airport sponsors to allocate mineral revenues not needed to carry out 5-year projected airport maintenance needs for other transportation infrastructure projects.

February 17, 2011

Floor

Amendment SA 57 agreed to in Senate by Unanimous Consent.

February 17, 2011

Floor

Senate amendment submitted

February 8, 2011