[Page S1674]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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