S 452 ISCommentsClose CommentsPermalink

To ensure public access to Federal land and to the airspace over Federal land.CommentsClose CommentsPermalink

February 23, 2009CommentsClose CommentsPermalink

Mr. CRAPO (for himself and Mr. RISCH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

To ensure public access to Federal land and to the airspace over Federal land.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Backcountry Landing Strip Access Act’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds that aircraft landing strips--CommentsClose CommentsPermalink





(1) serve an essential safety function as emergency landing areas;CommentsClose CommentsPermalink





(2) serve as trailhead access points for--CommentsClose CommentsPermalink





(A) outdoor enthusiasts and their activities, including hiking, fishing, and hunting;CommentsClose CommentsPermalink





(B) land management activities, including forest management and firefighting; andCommentsClose CommentsPermalink





(C) inholdings, including mining, ranching, scientific research, and tourism;CommentsClose CommentsPermalink





(3) provide access to national parks, national forests, wilderness areas, and other Federal land for people who would otherwise be physically unable to enjoy such places;CommentsClose CommentsPermalink





(4) support the economies of the surrounding communities by providing efficient access for visitors seeking recreational activities; andCommentsClose CommentsPermalink





(5) serve an essential role in search and rescue, forest and ecological management, research, wildlife management, aerial mapping, firefighting, and disaster relief.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Federal Aviation Administration.CommentsClose CommentsPermalink





(2) AIRCRAFT LANDING STRIP- The term ‘aircraft landing strip’ means an established aircraft landing strip located on Federal land under the administrative jurisdiction of the Secretary that is for aircraft landing and departure activities.CommentsClose CommentsPermalink





(3) PERMANENTLY CLOSE- The term ‘permanently close’ means any closure lasting more than 30 consecutive days in any calendar year.CommentsClose CommentsPermalink





(4) SECRETARY- The term ‘Secretary’ means--CommentsClose CommentsPermalink





(A) with respect to land under the jurisdiction of the Department of the Interior, the Secretary of the Interior; andCommentsClose CommentsPermalink





(B) with respect to land under the jurisdiction of the Department of Agriculture, the Secretary of Agriculture.CommentsClose CommentsPermalink

SEC. 4. PROCEDURE FOR CONSIDERATION OF ACTIONS AFFECTING CERTAIN AIRCRAFT LANDING STRIPS.

(a) In General- The Secretary shall not take any action that would permanently close, restrict, or render or declare as unserviceable any aircraft landing strip unless--CommentsClose CommentsPermalink





(1) the action has been approved by the head of the aviation department of the State in which the aircraft landing strip is located;CommentsClose CommentsPermalink





(2) the Secretary publishes notice of the proposed action in the Federal Register, including notice that the action would permanently close, restrict, or render or declare as unserviceable the aircraft landing strip;CommentsClose CommentsPermalink





(3) the Secretary provides for a 90-day public comment period beginning on the date on which the notice under paragraph (2) is published; andCommentsClose CommentsPermalink





(4) the Secretary and the head of the aviation department of the State in which the affected aircraft landing strip is located have taken into consideration any comments received during the comment period described in paragraph (3).CommentsClose CommentsPermalink





(b) Policies-CommentsClose CommentsPermalink





(1) BACKCOUNTRY AVIATION POLICIES- Not later than 2 years after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall jointly--CommentsClose CommentsPermalink





(A) establish a national policy for governing backcountry aviation issues relating to the management of Federal land under the jurisdiction of the Department of the Interior and the Department of Agriculture; andCommentsClose CommentsPermalink





(B) require officials with jurisdiction over the land described in subparagraph (A) to adhere to the policy established pursuant to such subparagraph.CommentsClose CommentsPermalink





(2) REQUIREMENTS- Any policy affecting air access to an aircraft landing strip, including the policy established under paragraph (1), shall not take effect unless the policy--CommentsClose CommentsPermalink





(A) acknowledges that the Administrator has the sole authority to control aviation and airspace over the United States; andCommentsClose CommentsPermalink





(B) was developed after seeking and considering comments from State governments and the public.CommentsClose CommentsPermalink





(c) Maintenance of Airstrips-CommentsClose CommentsPermalink





(1) IN GENERAL- To ensure that aircraft landing strips are maintained in a manner that is consistent with the resource values of any adjacent area, the Secretary shall consult with--CommentsClose CommentsPermalink





(A) the head of the aviation department of each State in which an aircraft landing strip is located; andCommentsClose CommentsPermalink





(B) any other interested parties.CommentsClose CommentsPermalink





(2) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with interested parties for the maintenance of aircraft landing strips.CommentsClose CommentsPermalink





(3) MAINTENANCE STANDARDS- State aircraft landing strip maintenance standards shall be used as the minimum standard when such standards are available.CommentsClose CommentsPermalink





(d) Exchanges or Acquisitions-CommentsClose CommentsPermalink





(1) CONDITIONS- If the Federal Government acquires private or public property on which an aircraft landing strip is located, the acquisition may not require--CommentsClose CommentsPermalink





(A) the closure or purposeful neglect of the aircraft landing strip; orCommentsClose CommentsPermalink





(B) any other action that would restrict the use of any aircraft landing strip.CommentsClose CommentsPermalink





(2) AVAILABILITY- Each private or publicly-owned aircraft landing strip acquired by the Federal Government shall be made available to the general public for unrestricted use.CommentsClose CommentsPermalink





(e) Effect on Federal Aviation Administration Authority- Nothing in this Act may be construed to affect the authority of the Administrator over aviation or airspace.CommentsClose CommentsPermalink