2000
H.R.2440
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
To amend the Independent Safety Board Act of 1974 to authorize
appropriations for fiscal years 1994, 1995, and 1996, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
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 follows:
``(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 REQUIREMENTS TO THE
OPERATION OF PUBLIC 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
associated with the performance of, a governmental
function such as firefighting, search and rescue, law
enforcement, aeronautical research, or biological or
geological resource management; or
``(II) transporting (for other than commercial
purposes) persons aboard the aircraft if the aircraft
is operated by the Armed Forces or an intelligence
agency of the United States.
An aircraft described in the preceding sentence shall,
notwithstanding any limitation relating to use of the aircraft
for commercial purposes, be considered to be a public aircraft
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 government, if the unit of
government on whose behalf the operation 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 life 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.--
(1) In general.--The Administrator of the Federal Aviation
Administration may grant an exemption to any unit of Federal,
State, or local government from any requirement of part A of
subtitle VII of title 49, United States Code, that would otherwise
be applicable to current or future 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 exemption 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 appropriate
to ensure safe operations of the type of aircraft operated by
the unit 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 aircraft accident
involving a public aircraft as defined by section 40102(a)(37) of
this title other than an aircraft operated by the Armed Forces or
by an intelligence agency of the United States''.
(2) Duties and powers.--Section 1131 of title 49, United States
Code, is amended--
(A) by redesignating subsection (d) as subsection (e); and
(B) by inserting after subsection (c) the following:
``(d) Accidents Involving Public Aircraft.--The Board, in
furtherance of its investigative duties with respect to public aircraft
accidents under subsection (a)(1)(A) of this section, shall 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 (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,
conditions, and limitations 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 from the United
States to the Parish of Rapides, Louisiana, dated January 23, 1958, to
the extent such reservations, restrictions, conditions, and limitations
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 military 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 oil, gas,
or other mineral resources either in or under the surface of the real
property described in subsection (a).
(d) Federal Aviation Administration.--
(1) Nonapplicability of release to grant agreements.--The
release described in subsection (a) does not apply to any
conditions and assurances associated with existing airport 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 Administration shall
enter into an agreement with the Airport Authority of Rapides
Parish, Louisiana, to provide for the terms and conditions under
which the real property described in subsection (a) may be used,
leased, sold, or otherwise disposed. The agreement shall be
concluded not later than 180 days after the 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.
d5
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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