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Full Text of this Amendment

SA 16. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 223, to modernize the air traffic control system, improve the safety, reliability, and availability of transportation by air in the United States, provide modernization of the air traffic control system, reauthorize the Federal Aviation Administration, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title VII, insert the following:
SEC. 733. 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 the airport sponsor determines are 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, as determined by the airport sponsor, are comparable to 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 that, as determined by the airport sponsor, is necessary to provide aircraft located on the property adjacent to the airport access to the airfield of the airport;
"(iii) to maintain the property for residential, noncommercial use for the duration of the agreement; and
"(iv) 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.


(As printed in the Congressional Record for the Senate on Feb 1, 2011.)