CAA: GA News, "AIR-21 Puts the "Trust" Back in the Aviation Trust Fund, says AOPA"

["Stephen Irwin" <stepheni@cwnet.com>]

March 20, 2000

AIR-21 Puts the "Trust" Back in the Aviation Trust Fund, says AOPA
Aircraft Owners and Pilots Association


Frederick, MD - "The new millennium, for aviation, is about to begin," said
Phil Boyer, president of the 355,000-member Aircraft Owners and Pilots
Association, after the House passed the FAA reauthorization bill by a
veto-proof majority of 319 to 101 on March 15.

The landmark bill (known as AIR-21 or H.R. 1000), "unlocks" the aviation
trust fund and charts a course for FAA funding and policy for the next three
years. The Senate had earlier approved the bill by an 82-17 vote (also
veto-proof). President Clinton is expected to sign the bill into law in
early April.

"This bill puts the 'trust' back in the trust fund, making it a real source
of capital for air traffic control modernization and airport improvements,"
said Boyer. "No longer will it be possible to block critical aviation
projects, piling up a trust fund surplus for other political ends.

"Now we have the resources to modernize our air traffic control system and
improve our airports to meet the aviation demands of the new century."

AOPA has been working for over a decade to unlock the surplus in the
aviation trust fund. AOPA was a strong supporter of AIR-21. The association
rallied its 355,000 members to contact Congress, and Boyer and AOPA
Legislative Affairs staff personally worked with members of Congress to gain
their support. AOPA also participated in an industry coalition united to
unlock the trust fund.

"It was vital grassroots support by groups like AOPA that helped make AIR-21
a reality," said House Transportation Committee Chairman Bud Shuster, the
prime force behind unlocking the trust fund. "Their efforts played an
important part in the passage of this landmark legislation."

The bill authorizes some $40 billion for FAA over the next three years,
increasing FAA's funding 26 percent in fiscal year 2001 alone. The
legislation unlocks the aviation trust fund by directing that all money
collected from aviation excise taxes (on aviation fuel, passenger tickets,
and cargo airbills) be spent first on airport improvements and air traffic
control modernization. Aviation users will pay some $33 billion into the
trust fund over the next three years, with all of that money tagged for
FAA's Facilities and Equipment (F&E) and Airport Improvement Program (AIP)
budgets.

Airports will receive a substantial 64 percent increase to $3.2 billion in
2001 and a total of $10 billion over three years. Even more important, the
amount of money available for General Aviation airports will almost double.
Funds will be specifically allocated for improvements to GA and reliever
airports in metropolitan areas.

The F&E budget (which covers ATC modernization) will increase 35 percent.

"Hoover Bill" provisions to protect pilot rights

The bill includes many other AOPA-backed provisions to protect pilots'
rights and to preserve and enhance General Aviation. Most notable are
"Hoover Bill" provisions to protect pilots from overzealous FAA enforcement
actions. These provisions allow a pilot to challenge FAA's emergency
revocation of a pilot certificate and seek an expedited hearing before the
National Transportation Safety Board. If NTSB decides the certificate action
is not a true emergency, the pilot could continue to fly while the case
against him is considered.

AOPA, EAA and a broad coalition of aviation groups representing General
Aviation, airline pilots, airlines, and the National Transportation Safety
Board Bar Association supported the Hoover Bill.

National park overflight

The legislation sets out specific requirements for commercial air tours over
national parks or tribal lands. However, it places no restrictions on
non-commercial General Aviation pilots, allowing them to continue to overfly
national parks at responsible altitudes.

FAA will retain responsibility for airspace management over federal lands.
(AOPA was a key member of the National Parks Overflight Working Group, whose
recommendations were incorporated into the legislation.)Aeronautical Charts

AOPA successfully lobbied to have aeronautical charting moved from the
Department of Commerce to FAA, where it more logically belongs. On several
different occasions, Commerce had tried to stop publication of critical
aviation charts (such as WAC charts) because of "budget shortfalls."

Weather

Weather is the single most important factor affecting General Aviation
safety. AIR-21 includes several provisions to improve weather services for
GA.

The 35 percent increase in FAA's Facilities and Equipment budget means the
agency finally should be able to deploy modern OASIS computers for Flight
Service Stations. OASIS will replace ancient 1970s computer technology with
a Windows-based system that allows briefers to easily see and interpret all
available information.

A 52 percent increase to FAA's Research, Engineering and Development budget
should restore funding for General Aviation weather research cut by the
Clinton Administration.

The bill provides money to upgrade automated AWOS/ASOS weather-reporting
stations. However, another AOPA-supported provision prohibits replacing
existing human weather observers with automated equipment until the
equipment can reliably report certain hazardous weather conditions.

Protecting and improving airports

Protections for airports and airport environments are also valuable features
of AIR-21. One provision, for example, prohibits the construction of new
landfills (which attract birds) within six miles of a GA airport.

The bill makes it harder for airport sponsors to convert airport land to
non-aviation use, and it puts more pressure on FAA to enforce "grant
assurances" which keep airports open to all users without unjust
discrimination.

AIR-21 specifies a significant increase in funding for General Aviation
airports, and it directs funds specifically to smaller airports. The bill
makes AIP grants available for runway maintenance (not just improvement) at
GA airports and it will now be cheaper for smaller GA airports to build and
maintain runways for aircraft weighing less than 60,000 pounds. That's
because they can now use state highway pavement specifications for these
runways, rather than the more specialized, and therefore more expensive, FAA
specifications.

Air traffic control and user fees

Congress again turned back Administration efforts to privatize air traffic
control or turn ATC into an independent "performance based organization."
The legislation does establish an Air Traffic Control Oversight Board (part
of an FAA Management Advisory Council) and designates an ATC chief operating
officer approved by the oversight board and reporting to the FAA
administrator.

Once again, Congress rejected Administration user fee proposals. But the
White House claimed, despite these rebuffs, it had gotten "most of what the
Administration proposed in its aviation bill."

User fees still won't go away, however. Secretary of Transportation Rodney
Slater said, "Unfortunately, the bill does not include all of the management
and financial reforms that we requested, such as establishing the user fees
that we proposed. We will continue to work with the Congress to institute
these reforms through future legislative efforts."

AOPA President Boyer responded, "We will be vigilant against future
proposals that would needlessly provoke the imposition of user fees. The
aviation community already supports the majority of FAA's budget through
direct aviation excise taxes on airspace users."

Contact:
Warren Morningstar
301-695-2162
warren.morningstar@aopa.org

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