The U.S. House Transportation and Infrastructure (T&I) Committee introduced H.R. 4, the Federal Aviation Administration (FAA) Reauthorization Act of 2018, on April 13. With the current six-month extension expiring on Sept. 30, this bipartisan House bill would reauthorize the FAA for another five years. The bill addresses several issues important to counties, including the Essential Air Service (EAS) program, unmanned aerial systems (UAS), the Airport Improvement Program (AIP) and noise mitigation measures.

Congress passed the FAA Modernization and Reform Act of 2012 in February 2012, which included a four-year reauthorization of FAA through FY 2015. The bill was the first long-term authorization of federal civil aviation programs since 2007 and was finally enacted after 23 short-term extensions. The agency is currently operating on a short-term authorization as authorized by the recently-passed omnibus appropriations bill, ensuring $18 billion of funding through September 30, 2018.

The EAS program, a long-standing NACo priority, assists airlines in serving rural counties impacted by federal deregulation of the airlines industry by connecting these communities with larger transportation hubs. EAS ensures continued travel options for county residents, as well as key opportunities for local economic development. The EAS program would receive $155 million for FY 2018 and up to $172 million in the final year (FY 2023) of authorization under the new bill. In addition, the Small Community Air Service Development Program (SCASDP) would be funded at $153 million for FY 2018 and up to $168 million in FY 2023. Participation in SCASDP is limited to those communities where the airport is not larger than a primary small hub, the service is insufficient and the air fares to the community are unreasonably high.

The Airport Improvement Grant Program (AIP), another NACo priority, provides federal grants to airports for development and planning. AIP funding can support a wide range of airports, including many large commercial airports and small general aviation airports. However, commercial revenue-producing facilities are generally ineligible for AIP funding. AIP provides funds for capital projects without the financial burden of debt financing, although airports are required to provide a local match between five and 25 percent, depending on the airport size and eligibility costs. The FAA bill would provide stable funding for AIP of $3.35 billion from FY 2018 through FY 2023.

Also included in the bill is language acknowledging NACo’s call for greater local government involvement in the development and implementation of policy regarding unmanned aerial systems (UAS) within their boundaries. Specifically, the bill directs the U.S. Department of Transportation (DOT) Inspector General to study the potential role of local government regarding UAS. NACo has been at the forefront of the FAA Drone Advisory Committee, the federal advisory board consulting on drone policy, and through these efforts has made a compelling case for local governments to play a role in the regulatory process. This inclusion in the FAA Reauthorization bill further cements counties’ important role.

Noise mitigation, another key priority, is also addressed in the FAA Reauthorization Act. The bill would require the FAA to study the potential health impacts of overflight noise and consider the feasibility of amending current departure procedures for noise sensitive communities. Counties are sometimes faced with flightpath noise disturbances, and this federal investment would make resources available to address this issue.

Finally, the bill would make several amendments to the contract tower program, which gives private firms the ability to operate air traffic control towers and accounts for around half of the towers owned and operated by FAA. The new bill would modify the current calculation of contract towers’ cost-benefit ratios and subsequent payments by requiring a recalculation of the annual cost-benefit ratio of towers partially supported by airports or local governments.

Other provisions in the bill address passenger rights, including banning airlines from removing passengers once they have boarded the airplane, to new requirements for facilities allowing mothers to nurse at various sized airports. The bill also includes a pre-disaster mitigation measure, the Disaster Recovery Reform Act (DRRA), which would help communities better prepare, respond to and recover from disasters of all kinds.

Leadership plans on holding a vote on the House floor as early as the week of April 23, with the hope that both chambers would pass legislation before the August recess. For the past year, House Transportation Chairman Bill Shuster (R-Pa.) pushed hard to include air-traffic control privatization in this bill. However, Chairman Shuster dropped his demand, increasing the chances of bipartisan passage and making members on both sides of the aisle optimistic. The bill has bipartisan support in the Senate as well, though some members have suggested delaying long-term reauthorizations until after the midterm elections have determined party control of both chambers.

Counties play a critical role in the nation’s air transportation system and own 34 percent of the nation’s publicly-owned airports. NACo will continue working with lawmakers to ensure county priorities are maintained and the needs of counties and their residents are reflected in the final FAA reauthorization bill.

Additional Resources:
NACo Fact Sheet on FAA Reauthorization