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eral States, Territories, and possessions in creating and maintaining aeronautical educational courses; and to promote aeronautical clubs and other activities, particularly among the youth of the Nation, with a view toward familiarizing the participants in such activities with various aeronautical skills and techniques.”'
SEC. 15. Section 308 of the Civil Aeronautics Act of 1938, as amended, is hereby amended by changing its designation to section 310.
Sec. 16. The Civil Aeronautics Act of 1938, as amended, is hereby amended by inserting at the end of title III thereof the following:
"TITLE III-A-REGULATION OF GROUND HAZARDS TO AERIAL
"FINDINGS AND DECLARATION OF POLICY “SEC. 3100. (a) It is hereby declared to be essential to the proper development and protection of military aeronautics, air commerce, and the Postal Service, and to the protection of the value of the investment of funds of the United States in landing areas and other air-navigation facilities that there be carried out a unified program of regulating the height and location of structures and of objects of natural growth in the vicinity of landing areas and in other places where the safety or freedom of aerial navigation may otherwise be impaired.
"Such program should be developed and carried out with consideration for (1) the desirability of achieving the maximum usefulness of landing areas consistent with their physical characteristics, the surrounding terrain, and the type of aircraft operation for which the landing area was designed or is used; (2) the desirability in the interests of safety of maintaining standards for the height and location of structures and objects of natural growth in the vicinity of landing areas as uniform as possible considering the physical characteristics of the landing area, the surrounding terrain, and the type of aircraft opera- . tion for which the landing area is designed or used; (3) the necessity for the utmost freedom in the mobilization and tactical employment of military air
United States; (4) the necessity of weighing the economic effect of regulating the heigh'; and location of structures and objects of natural growth in the vicinity of landing areas sufficiently to achieve the foregoing objectives against the economic effect and effect upon military aviation, air commerce, and the Postal Service of relocating such landing areas. .
“(b) In order to achieve the foregoing objectives, it is necessary that the program be developed by an agency of the United States in cooperation with the States and their subdivisions and that in order to carry out such program it is essential that power be vested in an agency of the United States to enlist the cooperation of the States and their subdivisions in its execution and to take necessary action to assure safe and uniform conditions.
“(c) An easement for the purpose of aerial navigation is hereby declared to exist throughout the air space of the United States, to be protected as provided in this title.
ADMINISTRATOR'S POWERS "SEC. 3101. The Administrator shall exercise the powers conferred by this title in conformity with the findings and declaration of policy applicable hereto.
“ZONING PROGRAM "Sec. 3102. The Administrator shall formulate and maintain a Nation-wide program for zoning, for the purposes of aerial navigation, in the vicinity of landing areas and such other places as may be appropriate. Such program shall include standards, as nearly uniform as reasonably possible, for such zoning. It shall be maintained at all times in accordance with the actual or anticipated technological development of military and civil aeronautical equipment and methods of operating such equipment.
"SEC. 3103. The Administrator shall invite the cooperation of duly constituted agencies of States, Territories, and possessions in the formulation, maintenance, and carrying out of such zoning program. He shall encourage administration of such program by such agencies in order to decentralize such administration to
information, technical assistance, and other aids as they may wish and as may be feasible.
"AIR SAFETY AREAS
"SEC. 3104. (a) Whenever, due to failure of local agencies to take appropriate action or otherwise, the Administrator finds such action necessary or appropriate to carry out the zoning program and the findings and declaration of policy set forth in section 3100, he is authorized and directed to establish an air safety area surrounding any landing area located in the United States, and from time to time to modify such area as may be appropriate. Before establishing or modifying any such area, the Administrator shall give written notice to the Governor of any State in which such area is to be, or is, located. An air safety area shall be established by an order of the Administrator fixing a line which shall mark the outermost fringe of such area. A complete and adequate description of the line shall be filed by the Administrator with the official or agency with whom deeds and other evidences of title are recorded for land embraced within the air safety area, or with such other official or agency as may be designated for the purpose on behalf of the State, Territory. or possession within which such area is located, and whenever the Administrator shall, by order, extend or otherwise modify the air safety area established at any landing area, the new line resulting therefrom shall be similarly filed.
“(b) The Administrator shall promulgate such reasonable regulations, governing the height of structures and objects of natural growth, to be applicable within such air safety area or areas as he may designate, as may be appropriate to effectuate the zoning program and the findings and declaration of policy set forth in section 3100. In determining the reasonableness of such regulations the Administrator shall take into account, among other relevant considerations, the value of the property to be affected, the nature of the neighborhood, both before the landing area involved was established and subseqeuntly, the probable military importance of the landing area involved, the nature of the air traffic using such landing area, and the feasibility and adequacy of other means for minimizing risks to aerial navigation in the vicinity of such landing area.
"HAZARD PREVENTION AND ELIMINATION
"VIOLATION OF REGULATIONS
"SEC. 3105. (a) An owner of a structure or an object of natural growth shall not permit or cause any such structure or object to be in any way changed or grown so that its height will violate any regulation adopted under section 3104 (b).
"ORDERS REQUIRING COMPLIANCE WITH REGULATIONS
“(b) The Administrator may by order, entered after notice and hearing, require that any person violating subsection (a) of this section promptly take the necessary steps to correct such violation.
"ORDERS AFFECTING NONCONFORMING HEIGHTS
"(c) The Administrator may by order, entered after notice and opportunity for hearing, require that any owner of a structure or an object of natural growth, alter such structure or object so as to conform with regulations adopted under section 3104 (b) if he finds that the height of such structure or object does not conform thereto and did not conform thereto at the time the applicable regulation, or amendment thereof, took effect, and if he finds that such conformance is reasonably necessary to carry out the zoning program and the findings and declaration of policy set forth in section 3100.
"ORDERS AFFECTING UNUSUAL STRUCTURES
"(d) The Administrator may by order, entered after notice and opportunity for hearing, require in the case of a smokestack, high-tension wire, radio tower, chimney, water tower, or similar structure which exceeds one hundred and fifty feet in height above the ground, or in the case of any other structure which ex
ceeds three hundred and fifty feet in height above the ground that the owner thereof alter such structure to such height as may be specified in such order (not less than one hundred and fifty feet or three hundred and fifty feet, as the case may be), if he finds that such alteration is necessary to carry out the zoning program and the findings and declaration of policy set forth in section 3100.
“(e) In any emergency, where necessary to remove an obstruction to aerial navigation which constitutes an immediate and serious hazard to life and property, and where necessary to carry out the zoning program and the findings and declaration of policy set forth in section 3100, the Administrator may issue an order provided for in subsection (b), (c), or (d) of this section without notice and hearing.
"JUDICIAL REVIEW OF ZONING ORDERS
"Sec. 3106. The validity of any order issued under section 3105 may be reviewed by petition filed by a person affected by such order with the United States district court for the district in which the structure or object involved is located or in which such person resides. The provisions of section 1006 (c), (d), and (e) of this Act shall be applicable to proceedings upon such petition as though the word ‘Authority' as used therein were ‘Administrator'.
"DETERMINATION BY ADMINISTRATOR
"SEC. 3107. (a) Any person required to effect an alteration by an order or an emergency order entered pursuant to section 3105 (c) or (d) shall be entitled to receive just compensation therefor from the United States. Such compensation shall be determined by the Administrator by order, after notice, and opportunity for hearing.
“(b) Any person affected by an order entered under subsection (a) of this section may institute proceedings in the United States district court for the district in which the structure or object involved is located or in which such person resides to obtain a review by that court of the adequacy of the compensation fixed in such order. In such proceedings, the compensation so fixed shall be presumed to be adequate and the burden of proof shall be upon the person instituting the proceedings, but the court may receive any revelant evidence, whether or not offered in the hearing before the Administrator. The court shall have jurisdiction to affirm or revise such order, or to remand the matter to the Administrator for further consideration, as may seem appropriate. Review of decision of the court may be had as in other proceedings of district courts.
“COMPLIANCE WITH ORDERS NOT AFFECTED BY COMPENSATION PROCEEDINGS
"(c) A person affected by an order or an emergency order entered pursuant to section 3105 (c) or (d) shall promptly comply therewith whether or not any proceedings have been instituted under subsection (a) or (b) of this section.
“NOTICE OF HAZARDS
where necessary, require all persons to give adequate public notice, in the form and manner prescribed by him, of the construction or alteration, or proposed construction or alteration, of any structure where such notice will promote safety in aerial navigation.
"SEO. 3109. The provisions of sections 1001, 1004, 1005 (c) and (f), 1007, 1008, and 1009 of this Act shall be applicable to this title as though the words 'Au. thority' or 'member of the Authority' as used therein were Administrator'."
SEC. 17. The Civil Aeronautics Act of 1938, as amended, is hereby amended by inserting at the beginning of title IV thereof the following new section :
"DECLARATION OF POLICY
“SEC. 400. In the exercise and performance of its powers and duties under this title, the Authority shall consider the following, among other things, as being in the public interest, and in accordance with the public convenience and necessity
“(a) the encouragement and development of an air transportation system properly adapted to the present and future needs of the foreign and domestic commerce of the United States, of the Postal Service, and of the national defense, and so located, equipped, and staffed that it may serve as an adequate auxiliary to the armed forces in time of national emergency both within and without the continental limits of the United States;
"(b) the fostering and regulation of air transportation in such manner as to recognize and preserve the inherent advantages of, assure the highest degree of safety in, and promote sound economic conditions in, such transportation, and to improve the relations between, and coordinate transportation by, air carriers, in the interest of a unified air transportation system throughout the United States and between the United States and other nations;
"(c) the promotion of adequate, economical, and efficient service by air carriers at reasonable charges, without unjust discriminations, undue preferences or advantages, or unfair or destructive competitive practices;
"(d) competition to the extent necessary to assure the sound development of an air transportation system properly adapted to the needs of the foreign and domestic commerce of the United States, of the Postal Service, and of the national defense;
“(e) the furnishing of regular air transportation so far as possible between the continental United States and each of the Territories and posses
sions and any other place in which the United States has an interest.” SEC. 18. Subsection (d) of section 401 of the Civil Aeronautics Act of 1938, as amended, is amended by striking out subparagraph (2) thereof and inserting in lieu thereof a new subparagraph as follows:
“(2) The Authority may issue a certificate under this section authorizing the whole or any part of the air transportation applied for for such limited periods as may be required by the public convenience and necessity: Provided, That where application is made for a certificate of unlimited duration and the certificate issued by the Board is effective for a temporary period only, the applicant may reject such certificate if such right of rejection is exercised within such reasonable period of time as may be fixed by the Board, and in such event no certificate shall be issued to such applicant."
SEC. 19. Subsection (h) of section 401 of the Civil Aeronautics Act of 1938, as amended, is amended by inserting the figure (1) just before “the Authority” in the first line of that section and inserting at the end of the section a new subparagraph as follows:
“(2) The Board, upon petition or complaint or upon its own initiative, after notice and hearing, shall suspend or revoke any certificate, if at any time it finds that the holder thereof is not a citizen of the United States: Provided, That the Board, whenever it deems such action to be in the public interest, may postpone the effective date of such a suspension or revocation for such period of time as it may deem necessary to permit the submission to, and approval by the Board, and the consummation of, a plan or plans of reorganization of the holder designed to reestablish its status as a citizen."
Sec. 20. (a) Subsection (b) of section 402 of the Civil Aeronautics Act of 1938, as amended, is amended by striking out the period at the end thereof and inserting a colon and the following proviso: “Provided, That if an agreement has been entered into between the United States and a foreign county providing for the establishment by the applicant of the air transportation applied for, the Board may issue a permit authorizing such air transportation without finding that such air transportation will be in the public interest and that the applicant is fit, willing, and able to perform such air transportation.”
(b) Subsection (e) of section 402 is amended by striking out the period at the end thereof and inserting a colon and the following proviso : “Provided, That if an agreement has been entered into between the United States and a foreign country providing for the establishment by the applicant of the air transportation applied for, the Board may issue a permit authorizing such air transportation without a public hearing.”
Sec. 21. Section 403 (b) of the Civil Aeronautics Act of 1938, as amended, is hereby amended by striking out the second sentence thereof and, in lieu thereof, inserting the following: "Nothing in this Act shall prohibit such air carriers or foreign air carriers, under such terms and conditions as the Authority may prescribe, from using or interchanging tickets or passes for free or reduced-rate transportation to their directors, officers, and employees and their immediate families; witnesses and attorneys attending any legal investigation in which any such air carrier is interested; persons injured in aircraft accidents and physicians and nurses attending such persons; and any person or property with the object of providing relief in cases of general epidemic, pestilence, or other calamitous visitation; and to such other persons and under such other circumstances as the Authority may by regulations prescribe. No air carrier or foreign air carrier shall provide free or reduced-rate transportation to any other persons or under any other circumstances.”
SEC, 22. Section 404 of the Civil Aeronautics Act of 1938, as amended, is hereby amended to read as follows:
"RATES FOR CARRIAGE OF PERSONS AND PROPERTY
"CARRIER DUTY TO PROVIDE SERVICE, RATES, AND DIVISIONS
"SEC. 404. (a) It shall be the duty of every air carrier and foreign air carrier to provide and furnish air transportation, as authorized by its certificate or permit, upon reasonable request therefor and to provide reasonable through service in such air transportation in connection with other air carriers and foreign air carriers; to provide safe and adequate service, equipment, and facilities in connection with such transportation; to establish, observe, and enforce just and reasonable individual and joint rates, fares, and charges, and just and reasonable classifications, rules, regulations, and practices relating to such air transportation; and in case of such joint rates, fares, and charges, to establish just, reasonable, and equitable divisions thereof as between air carriers and foreign air carriers participating therein which shall not unduly prefer or prejudice any of such participating carriers.
“(b) No air carrier or foreign air carrier shall make, give, or cause any undue or unreasonable preference or advantage to any particular person, port, locality, or description of traffic in air transportation in any respect whatsoever or subject any particular person, port, locality, or description of traffic in air transportation to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever.”
SEC. 23. Section 406 (b) of the Civil Aeronautics Act of 1938, as amended, is hereby amended by inserting immediately after the words “of the character and quality required” the words "in the public interest."
Sec. 24. Section 412 of the Civil Aeronautics Act of 1938, as amended, is hereby amended by adding at the end of such section the following subsection :
"(c) In the case of a contract or agreement between an air carrier indirectly engaged in air transportation and an air carrier directly engaged therein, affecting the terms and conditions pursuant to which the former utilizes the facilities or services of the latter, an order of disapproval under subsection (b) of this section shall, effective upon such date as may be fixed in such order, make unlawful the carrying out of such contract or agreement in the respects specified in such order.”
SEC. 25. The Civil Aeronautics Act of 1938, as amended, is hereby amended by inserting a rew section to read as follows: