Section 163 of the FAA Reauthorization Act of 2018 regulates the uses of properties acquired by airport sponsors using FAA funds. These include property buyouts for noise mitigation and other non-aeronautical uses.
SEC. 163. LIMITED REGULATION OF NON-FEDERALLY SPONSORED PROPERTY.
(a) <> In General.--Except as provided in
subsection (b), the Secretary of Transportation may not directly or
indirectly regulate--
(1) the acquisition, use, lease, encumbrance, transfer, or
disposal of land by an airport owner or operator;
(2) any facility upon such land; or
(3) any portion of such land or facility.
(b) <> Exceptions.--Subsection (a) does
not apply to--
(1) any regulation ensuring--
(A) the safe and efficient operation of aircraft or
safety of people and property on the ground related to
aircraft operations;
(B) that an airport owner or operator receives not
less than fair market value in the context of a
commercial transaction for the use, lease, encumbrance,
transfer, or disposal of land, any facilities on such
land, or any portion of such land or facilities; or
(C) that the airport pays not more than fair market
value in the context of a commercial transaction for the
acquisition of land or facilities on such land;
(2) any regulation imposed with respect to land or a
facility acquired or modified using Federal funding; or
(3) any authority contained in--
(A) a Surplus Property Act instrument of transfer,
or
(B) section 40117 of title 49, United States Code.
(c) <> Rule of Construction.--Nothing in
this section shall be construed to affect the applicability of sections
47107(b) or 47133 of title 49, United States Code, to revenues generated
by the use, lease, encumbrance, transfer, or disposal of land under
subsection (a), facilities upon such land, or any portion of such land
or facilities.
(d) Amendments to Airport Layout Plans.--Section 47107(a)(16) of
title 49, United States Code, is amended--
[[Page 132 STAT. 3225]]
(1) by striking subparagraph (B) and inserting the
following:
``(B) the Secretary will review and approve or
disapprove only those portions of the plan (or any
subsequent revision to the plan) that materially impact
the safe and efficient operation of aircraft at, to, or
from the airport or that would adversely affect the
safety of people or property on the ground adjacent to
the airport as a result of aircraft operations, or that
adversely affect the value of prior Federal investments
to a significant extent;'';
(2) in subparagraph (C), by striking ``if the alteration''
and all that follows through ``airport; and'' and inserting the
following: ``unless the alteration--
``(i) is outside the scope of the Secretary's
review and approval authority as set forth in
subparagraph (B); or
``(ii) complies with the portions of the plan
approved by the Secretary; and''; and
(3) in subparagraph (D), in the matter preceding clause (i),
by striking ``when an alternation'' and all that follows through
``Secretary, will'' and inserting ``when an alteration in the
airport or its facility is made that is within the scope of the
Secretary's review and approval authority as set forth in
subparagraph (B), and does not conform with the portions of the
plan approved by the Secretary, and the Secretary decides that
the alteration adversely affects the safety, utility, or
efficiency of aircraft operations, or of any property on or off
the airport that is owned, leased, or financed by the
Government,