the merits of RCS credits for particular tracts . Also , the leases may be organized in terms of repayment schedules and a penalty clause . In a rapidly growing region , temporary leases may not be suitable if the intent is to execute conservation requirements . Traditional conservation easements ( which are not revocable and run in perpetuity ) may be a more preferable approach .
Federal Land Management and Policy Act of 1976
The Federal Land Management and Policy Act ( FLPMA ) established the authority for public agencies that possess public lands to manage and plan according to national and local interests . The law mandates that public lands identified for development shall uphold and protect the scientific , scenic , historical , ecological , environmental , and other values unique to specific geographies . This law provides the impetus for the various resource management plans developed and prepared for public agencies .
Federal Aviation Act
The Federal Aviation Act was enacted in 1958 to provide methods for overseeing and regulating civilian and military use of airspace over the United States . The Act requires the Secretary of Transportation to make long‐range plans that formulate policy for the orderly development and use of navigable air space . The intent is to serve the needs of both civilian aeronautics and national defense , but does not specifically address the needs of military agencies . Military planning strives to work alongside local , state , and federal aviation law and policies but sometimes must supersede these and other levels of government due to national security interests . The Federal Aviation Administration ( FAA ) was created as a result of the Act for a variety of purposes , including the management of airspace over the US .
The 500‐foot rule , promulgated by the FAA , states that every citizen of the United States has “ a public right of freedom of transit in air commerce through the navigable air space of the United States .” The rule was formally announced in the 1963 Court of Claims ruling in Aaron v . United States and
states that flights 500 feet or more above groun represent a compensable taking because flights free passage without liability to the owners belo
Another important outcome of the Act is FAA R commonly known as Part 77 , which provides th vertical obstruction compatibility . This regulatio based on the height of proposed structures or n their distance from the ends of a runway . Using regulation , local jurisdictions can easily assess t airfields . Additional information on Part 77 is lo site at http :// www . faa . gov /.
As of January 29 , 2013 , the main focus of Part 7 to determine obstructions within navigable airs certain distance from an airport or airfield . It de navigation as an object that is of greater height heights or surfaces in the following manner :
• A height of 499 feet AGL at the site of the
• A height that is 200 feet AGL or above th elevation , whichever is higher , within 3 n established reference point of an airport , longest runway more than 3,200 feet in a increases in the proportion of 100 feet fo mile of distance from the airport up to a
• A height within a terminal obstacle cleara approach segment , a departure area , and which would result in the vertical distanc object and an established minimum instr that area or segment to be less than the
TSS Background Report