Catherine Lang Says Federal Funds Could Be Withdrawn If New
Agreements Signed
The FAA's Assistant Administrator for Airports (acting)
Catherine Lang testified before the House Transportation and
Infrastructure committee Wednesday, reiterating the agency's stance
against Through the Fence agreements at airports receiving federal
airport grants.
"(T)he fundamental distinctions between public use, public
purpose airports and private airparks have begun to blur. While
private airparks serve an important and cherished purpose for
members of the aviation community, AIP funds must be used
strategically and responsibly at NPIAS airports that serve public
purposes and retain those characteristics expected from public use
airports," Lang told the committee in opening remarks.
According to committee documents, there are approximately 3,300
publicly funded airports which form an essential part of the
nation’s transportation network. The majority of these
airports are used by general aviation pilots who depend on modern,
serviceable infrastructure to take off and land safely. In some
cases, the government says that federal taxpayer money is being
spent to operate and maintain public airports where private
homeowners who live on adjacent property enjoy an exclusive right
of access for their personal airplanes between their property and
public airport operational surfaces. Airport owners and operators
grant this right of access to homeowners by way of agreements known
colloquially as “through-the-fence” agreements.
The agreements have created concern among some Federal, State,
and local officials because, the officials say, the agreements
limit airport sponsors’ rights and powers to use airport land
for development and other public purposes, and the officials are
further concerned that the agreements encourage incompatible land
use that creates legal and safety problems for local airports.
Other officials believe that airports should be able to enter into
these agreements as long as the airports continue to comply with
grant assurances.
The hearing summary says that proponents of through-the-fence
access believe the access helps them create a lifestyle that they
value. They enjoy the ability to come and go in their personal
aircraft at their leisure. Homeowners with direct through-the-fence
access say they share communal interests in monitoring airport
activities and operations and in supporting general aviation in
their communities. Proponents say through-the-fence access also
benefits local airports, because homeowners with the access often
pay access fees that enlarge local coffers.
The committee summary says that homeowners with
through-the-fence access may realize direct and indirect financial
benefits as the result of Federal investment in airports. The
values of their homes and land may increase by virtue of access to
airport surfaces. Real property on which a hangar home is
constructed, after all, would have little to no utility if not
connected to an airport with infrastructure funded by Federal
money, and with the level of quality such Federal investment
provides. However, this situation has raised questions regarding
whether, in some instances, these Federal investments primarily
benefit private interests at the expense of pursuing national
policy objectives. Federal law requires the FAA to make grants to
“maintain a safe and efficient nationwide system of
public-use airports that meets the present and future needs of
civil aeronautics.”
Lang (pictured, right) said the FAA understands the importance
of GA airports. "GA airports play a vital role in the NPIAS, as
well as in their local communities. For communities all over the
country, GA airports have for decades been where we train our
pilots, have provided medical and law enforcement response, enabled
aviation to be at the front lines of response to natural disasters,
been the backbone of agricultural communities, and enabled
deliveries to remote locations. It is for these purposes that
Congress enacted the Airport Improvement Program, and it is these
purposes that are protected by grant assurances," she said. She
also indicated that the FAA's concerns were not directed at private
airports, but towards public airports which receive federal
grants.
She warned that the FAA, and some local government, are
concerned that the agreements constitute a de-facto subsidy for
private homeowners, and have a major impact on the property values
of those communities. She said that in some instances, homeowners
with TTF agreements had opposed airport improvement projects, and
that the proximity of the homes to active taxiways can present
safety issues. "Based on our experience and observations, we
believe that residential through-the-fence arrangements have the
potential to do far greater harm than good," she said. "If the
control exercised by an airport sponsor is compromised, harm is
done. If an airport that was selected for inclusion in the NPIAS
based on a strategic long-term vision no longer has the ability to
grow and fulfill its role, harm is done. If public monies can be
spent to correct deficiencies or problems caused by residential
through-the-fence arrangements, harm is done."
Public comment on the FAA's proposed TTF policy is open through
October 25th. "I encourage those users to comment and look forward
to receiving their input," Lang said. "I believe our staff has
given full and fair consideration to all the ideas and feedback we
have received up to this point in the process, and I assure you
that we will continue to be open minded as we review the public
comments on our draft policy."