Page:United States Statutes at Large Volume 119.djvu/1795

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1777

(A) convey the remaining land to other individuals or persons for community expansion purposes; or (B) retain the remaining land in whole or in part for community uses. SEC. 4407. RIGHTS-OF-WAY.

Enactment.

Notwithstanding any other provision of law, the reciprocal rights-of-way and easements identified on the map numbered 92337 and dated June 15, 2005, are hereby enacted into law. SEC. 4408. RIALTO MUNICIPAL AIRPORT.

California.

(a) FINDINGS.—Congress finds that— (1) Rialto Municipal Airport/Art Scholl Memorial Airport (Rialto Municipal Airport) is a general aviation airport located within a 20-mile radius of 10 other general aviation airports; (2) Rialto Municipal Airport is located approximately 8.5 nautical miles from the former Norton Air Force Base which was selected for closure by the Base Realignment and Closure Commission in 1988 and was closed in 1994; (3) there has been a significant decline in based aircraft and aviation operations at Rialto Municipal Airport due to the unexpected impact of increased capacity in the immediate vicinity of the airport; (4) the transfer of Rialto Municipal Airport’s operations, assets and liabilities is supported by the general aviation operators at the airport and will not compromise service or safety; and (5) the closure of Rialto Municipal Airport shall be in compliance with applicable Federal laws and regulations. (b) IN GENERAL.—Notwithstanding any law, regulation or grant assurance, but subject to the requirements of this section, the United States shall release all restrictions, conditions, and limitations on the use, encumbrance, conveyance, or closure of the Rialto Municipal Airport, in Rialto, California, to the extent such restrictions, conditions, and limitations are enforceable by the United States. (c) CONDITIONS.—A release under subsection (b) shall be subject to the following conditions: (1) Upon conveyance of the land or transfer of any interest or rights of use or occupancy of the land— (A) the City of Rialto will pay the United States 45 percent of the current fair market value of the property, and this amount shall be used for projects eligible under chapter 471 of title 49, United States Code, at a commercial airport— (i) for which a certificate is issued under part 139 of title 14, Code of Federal Regulations; (ii) that is located within 10 nautical miles of Rialto Municipal Airport; and (iii) that was included on the Department of Defense base closure list of 1988; (B) the remaining 55 percent of the fair market value referred to in subparagraph (A) shall be retained by the City of Rialto; (C) the city shall pay to the United States 90 percent of the unamortized portion of any Federal development grant for airport facilities other than land, amortized over a 20-year term, with interest. These funds shall be payable

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