Backcountry Aviation Protection Act

Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall revise regulations as necessary to allow a properly qualified pilot operating an aircraft to conduct, without regard to the minimum altitudes set forth in such sections—

(A) in the case of section 91.119 of title 14, Code of Federal Regulations, a go-around, an inspection pass, a practice approach, or a qualified instrument approach;

(B) in the case of section 91.177 of such title 14, a qualified instrument approach; and

(C) in the case of section 91.515 of such title 14, a go-around, a practice approach, or a qualified instrument approach.

In revising regulations under paragraph (1), the Administrator may require, through a codified regulation, an aircraft to be in a landing configuration when it conducts a go-around, a practice approach, or a qualified instrument approach and is below the applicable minimum altitude.

Beginning on the date that is 1 year after the date of enactment of this Act, the Administrator may not take an enforcement action against a person under section 91.119 of title 14, Code of Federal Regulations, related to a go-around, inspection pass, or practice approach unless the Administrator has published final regulations in the Federal Register as required by subsection (a).

In accordance with section 556(d) of title 5, United States Code, in an enforcement action for a violation of section 91.119, 91.177, or 91.515 of title 14, Code of Federal Regulations, the burden of proof shall be upon the Administrator to prove each element of the offense and the inapplicability of each exception to the offense, including takeoff, landing, go-around, inspection pass, practice approach, or qualified instrument approach maneuvers, as applicable.

Nothing in this section shall impose a requirement on a person to complete a go-around, inspection pass, or practice approach before a landing.

In this section:

The term go-around —

(A) means an aborted landing which occurs at any point prior to the aircraft coming to a complete stop at a potential landing site; and

(B) includes a maneuver—

(i) for flight safety purposes; or

(ii) to practice or instruct the appropriate procedures for an aborted landing.

The term inspection pass means a maneuver conducted to evaluate, at a low altitude, whether a potential landing site is suitable for takeoff and landing.

The terms instrument approach procedure and IFR conditions have the meaning given those terms in section 1.1 of title 14, Code of Federal Regulations.

The term potential landing site includes any place on the surface of land or water where—

(A) the takeoff or landing of an aircraft is not prohibited; and

(B) the person operating the aircraft believes that, considering the aircraft's takeoff and landing performance and the person's skill as a pilot, it is possible a landing and subsequent takeoff could safely occur in the area such that it is objectively reasonable to evaluate the area at a low altitude.

The term practice approach means a maneuver conducted with or without the intent to land for the purpose of practicing—

(A) an instrument approach procedure in conditions other than IFR conditions, provided that the pilot complies with—

(i) the published instrument approach procedure; or

(ii) a clearance or instruction issued by air traffic control; or

(B) a simulated engine failure or emergency descent.

The term qualified instrument approach means an instrument approach procedure under actual IFR conditions in which the pilot complies with—

(A) the published instrument approach procedure; or

(B) a clearance or instruction issued by air traffic control.