[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3479 Placed on Calendar Senate (PCS)]
Calendar No. 515
107th CONGRESS
2d Session
H. R. 3479
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 24, 2002
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To expand aviation capacity.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--NATIONAL AVIATION CAPACITY EXPANSION
SEC. 101. SHORT TITLE.
This title may be cited as the ``National Aviation Capacity
Expansion Act of 2002''.
SEC. 102. FINDINGS.
Congress finds the following:
(1) O'Hare International Airport consistently ranks as the
Nation's first or second busiest airport with nearly 34,000,000
annual passengers enplanements, almost all of whom travel in
inter-state or foreign commerce. The Federal Aviation
Administration's most recent data, compiled in the Airport
Capacity Benchmark Report 2001, projects demand at O'Hare to
grow by 18 percent over the next decade. O'Hare handles
72,100,000 passengers annually, compared with 64,600,000 at
London Heathrow International Airport, Europe's busiest
airport, and 36,700,000 at Kimpo International Airport, Korea's
busiest airport, 7,400,000 at Narita International Airport,
Japan's busiest airport, 23,700,000 at Kingsford-Smith
International Airport, Australia's busiest airport, and
6,200,000 at Ezeiza International Airport, Argentina's busiest
airport, as well as South America's busiest airport.
(2) The Airport Capacity Benchmark Report 2001 ranks O'Hare
as the third most delayed airport in the United States.
Overall, slightly more than 6 percent of all flights at O'Hare
are delayed significantly (more than 15 minutes). On good
weather days, scheduled traffic is at or above capacity for
3\1/2\ hours of the day with about 2 percent of flights at
O'Hare delayed significantly. In adverse weather, capacity is
lower and scheduled traffic exceeds capacity for 8 hours of the
day, with about 12 percent of the flights delayed.
(3) The city of Chicago, Illinois, which owns and operates
O'Hare, has been unable to pursue projects to increase the
operating capability of O'Hare runways and thereby reduce
delays because the city of Chicago and the State of Illinois
have been unable for more than 20 years to agree on a plan for
runway reconfiguration and development. State law states that
such projects at O'Hare require State approval.
(4) On December 5, 2001, the Governor of Illinois and the
Mayor of Chicago reached an agreement to allow the city to go
forward with a proposed capacity enhancement project for O'Hare
which involves redesign of the airport's runway configuration.
(5) In furtherance of such agreement, the city, with
approval of the State, applied for and received a master-
planning grant from the Federal Aviation Administration for the
capacity enhancement project.
(6) The agreement between the city and the State is not
binding on future Governors of Illinois.
(7) Future Governors of Illinois could stop the O'Hare
capacity enhancement project by refusing to issue a certificate
required for such project under the Illinois Aeronautics Act,
or by refusing to submit airport improvement grant requests for
the project, or by improperly administering the State
implementation plan process under the Clean Air Act (42 U.S.C.
7401 et seq.) to prevent construction and operation of the
project.
(8) The city of Chicago is unwilling to continue to go
forward with the project without assurance that future
Governors of Illinois will not be able to stop the project,
thereby endangering the value of the investment of city and
Federal resources in the project.
(9) Because of the importance of O'Hare to the national air
transportation system and the growing congestion at the airport
and because of the expenditure of Federal funds for a master-
planning grant for expansion of capacity at O'Hare, it is
important to the national air transportation system, interstate
commerce, and the efficient expenditure of Federal funds, that
the city of Chicago's proposals to the Federal Aviation
Administration have an opportunity to be considered for Federal
approval and possible funding, that the city's requests for
changes to the State implementation plan to allow such projects
not be denied arbitrarily, and that, if the Federal Aviation
Administration approves the project and funding for a portion
of its cost, the city can implement and use the project.
(10) Any application submitted by the city of Chicago for
expansion of O'Hare should be evaluated by the Federal Aviation
Administration and other Federal agencies under all applicable
Federal laws and regulations and should be approved only if the
application meets all requirements imposed by such laws and
regulations.
(11) As part of the agreement between the city and the
State allowing the city to submit an application for
improvement of O'Hare, there has been an agreement for the
continued operation of Merrill C. Meigs Field by the city, and
it has also been agreed that, if the city does not follow the
agreement on Meigs Field, Federal airport improvement program
funds should be withheld from the city for O'Hare.
(12) To facilitate implementation of the agreement allowing
the city to submit an application for O'Hare, it is desirable
to require by law that Federal airport improvement program
funds for O'Hare be administered to require continued operation
of Merrill C. Meigs Field by the city, as proposed in the
agreement.
(13) To facilitate implementation of the agreement allowing
the city to submit an application for O'Hare, it is desirable
to enact into law provisions of the agreement relating to noise
and public roadway access. These provisions are not
inconsistent with Federal law.
(14) If the Federal Aviation Administration approves an
airport layout plan for O'Hare directly related to the
agreement reached on December 5, 2001, such approvals will
constitute an action of the United States under Federal law and
will be an important first step in the process by which the
Government could decide that these plans should receive Federal
assistance under chapter 471 of title 49, United States Code,
relating to airport development.
(15) The agreement between the State of Illinois and the
city of Chicago includes agreement that the construction of an
airport in Peotone, Illinois, would be proposed by the State to
the Federal Aviation Administration. Like the O'Hare expansion
proposal, the Peotone proposal should receive full
consideration by the Federal Aviation Administration under
standard procedures for approving and funding an airport
improvement project, including all applicable safety, utility
and efficiency, and environmental review.
(16) Gary/Chicago Airport in Gary, Indiana, and the Greater
Rockford Airport, Illinois, may alleviate congestion and
provide additional capacity in the greater Chicago metropolitan
region. Like the O'Hare airport expansion proposal, expansion
efforts by Gary/Chicago and Greater Rockford airports should
receive full consideration by the Federal Aviation
Administration under standard procedures for approving and
funding an airport capacity improvement project, including all
applicable safety, utility and efficiency, and environmental
reviews.
SEC. 103. STATE, CITY, AND FAA AUTHORITY.
(a) Prohibition.--In furtherance of the purpose of this Act to
achieve significant air transportation benefits for interstate and
foreign commerce, if the Federal Aviation Administration makes, or at
any time after December 5, 2001 has made, a grant to the city of
Chicago, Illinois, with the approval of the State of Illinois for
planning or construction of runway improvements at O'Hare International
Airport, the State of Illinois, and any instrumentality or political
subdivision of the State, are prohibited from exercising authority
under sections 38.01, 47, and 48 of the Illinois Aeronautics Act (620
ILCS 5/) to prevent, or have the effect of preventing--
(1) further consideration by the Federal Aviation
Administration of an O'Hare airport layout plan directly
related to the agreement reached by the State and the city on
December 5, 2001, with respect to O'Hare;
(2) construction of projects approved by the Administration
in such O'Hare airport layout plan; or
(3) application by the city of Chicago for Federal airport
improvement program funding for projects approved by the
Administration and shown on such O'Hare airport layout plan.
(b) Applications for Federal Funding.--Notwithstanding any other
provision of law, the city of Chicago is authorized to submit directly
to the Federal Aviation Administration without the approval of the
State of Illinois, applications for Federal airport improvement program
funding for planning and construction of a project shown on an O'Hare
airport layout plan directly related to the agreement reached on
December 5, 2001, and to accept, receive, and disburse such funds
without the approval of the State of Illinois.
(c) Limitation.--If the Federal Aviation Administration determines
that an O'Hare airport layout plan directly related to the agreement
reached on December 5, 2001, will not be approved by the
Administration, subsections (a) and (b) of this section shall expire
and be of no further effect on the date of such determination.
(d) Western Public Roadway Access.--As provided in the December 5,
2001, agreement referred to in subsection (a), the Administrator of the
Federal Aviation Administration shall not consider an airport layout
plan submitted by the city of Chicago that includes the runway redesign
plan, unless the airport layout plan includes public roadway access
through the existing western boundary of O'Hare to passenger terminal
and parking facilities located inside the boundary of O'Hare and
reasonably accessible to such western access. Approval of western
public roadway access shall be subject to the condition that the cost
of construction be paid for from airport revenues consistent with
Administration revenue use requirements.
(e) Noise Mitigation.--As provided in the December 5, 2001,
agreement referred to in subsection (a), the following apply:
(1) Approval by the Administrator of an airport layout plan
that includes the runway redesign plan shall require the city
of Chicago to offer acoustical treatment of all single-family
houses and schools located within the 65 DNL noise contour for
each construction phase of the runway redesign plan, subject to
Administration guidelines and specifications of general
applicability. The Administrator may not approve the runway
redesign plan unless the city provides the Administrator with
information sufficient to demonstrate that the acoustical
treatment required by this paragraph is feasible.
(2)(A) Approval by the Administrator of an airport layout
plan that includes the runway redesign plan shall be subject to
the condition that noise impact of aircraft operations at
O'Hare in the calendar year immediately following the year in
which the first new runway is first used and in each calendar
year thereafter will be less than the noise impact in calendar
year 2000.
(B) The Administrator shall make the determination
described in subparagraph (A)--
(i) using, to the extent practicable, the
procedures specified in part 150 of title 14, Code of
Federal Regulations;
(ii) using the same method for calendar year 2000
and for each forecast year; and
(iii) by determining noise impact solely in terms
of the aggregate number of square miles and the
aggregate number of single-family houses and schools
exposed to 65 or greater decibels using the DNL metric,
including only single-family houses and schools in
existence on the last day of calendar year 2000. The
Administrator shall make such determination based on
information provided by the city of Chicago, which
shall be independently verified by the Administrator.
(C) The conditions described in this subsection shall be
enforceable exclusively through the submission and approval of
a noise compatibility plan under part 150 of title 14, Code of
Federal Regulations. The noise compatibility plan submitted by
the city of Chicago shall provide for compliance with this
subsection. The Administrator shall approve measures sufficient
for compliance with this subsection in accordance with
procedures under such part 150. The United States shall have no
financial responsibility or liability if operations at O'Hare
in any year do not satisfy the conditions in this subsection.
(f) Report to Congress.--If the runway redesign plan described in
this section has not received all Federal, State, and local permits and
approvals necessary to begin construction by December 31, 2004, the
Administrator shall submit a status report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives
within 120 days of such date identifying each permit and approval
necessary for the project and the status of each such action.
(g) Judicial Review.-- An order issued by the Administrator, in
whole or in part, under this section shall be deemed to be an order
issued under part A of subtitle VII of title 49, United States Code,
and shall be reviewed in accordance with the procedure in section 46110
of such title.
(h) Definition.--In this section, the terms ``airport layout plan
directly related to the agreement reached on December 5, 2001'' and
``such airport layout plan'' mean a plan that shows--
(1) 6 parallel runways at O'Hare oriented in the east-west
direction with the capability for 4 simultaneous independent
visual aircraft arrivals in both directions, and all associated
taxiways, navigational facilities, and other related
facilities; and
(2) closure of existing runways 14L-32R, 14R-32L and 18-36
at O'Hare.
SEC. 104. CLEAN AIR ACT.
(a) Implementation Plan.--An implementation plan shall be prepared
by the State of Illinois under the Clean Air Act (42 U.S.C. 7401 et
seq.) in accordance with the State's customary practices for accounting
for and regulating emissions associated with activity at commercial
service airports. The State shall not deviate from its customary
practices under the Clean Air Act for the purpose of interfering with
the construction of a runway pursuant to the redesign plan or the south
surburban airport. At the request of the Administrator of the Federal
Aviation Administration, the Administrator of the Environmental
Protection Agency shall, in consultation with the Administrator of the
Federal Aviation Administration, determine that the foregoing condition
has been satisfied before approving an implementation plan. Nothing in
this section shall be construed to affect the obligations of the State
under section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)).
(b) Limitation on Approval.--The Administrator of the Federal
Aviation Administration shall not approve the runway redesign plan
unless the Administrator of the Federal Aviation Administration
determines that the construction and operation will include, to the
maximum extent feasible, the best management practices then reasonably
available to and used by operators of commercial service airports to
mitigate emissions regulated under the implementation plan.
SEC. 105. MERRILL C. MEIGS FIELD.
The State of Illinois and the city of Chicago, Illinois, have
agreed to the following:
(1) Until January 1, 2026, the Administrator of the Federal
Aviation Administration shall withhold all Federal airport
grant funds respecting O'Hare International Airport, other than
grants involving national security and safety, unless the
Administrator is reasonably satisfied that the following
conditions have been met:
(A) Merrill C. Meigs Field in Chicago either is
being operated by the city of Chicago as an airport or
has been closed by the Administration for reasons
beyond the city's control.
(B) The city of Chicago is providing, at its own
expense, all off-airport roads and other access,
services, equipment, and other personal property that
the city provided in connection with the operation of
Meigs Field on and prior to December 1, 2001.
(C) The city of Chicago is operating Meigs Field,
at its own expense, at all times as a public airport in
good condition and repair open to all users capable of
utilizing the airport and is maintaining the airport
for such public operations at least from 6:00 A.M. to
10:00 P.M. 7 days a week whenever weather conditions
permit.
(D) The city of Chicago is providing or causing its
agents or independent contractors to provide all
services (including police and fire protection
services) provided or offered at Meigs Field on or
immediately prior to December 1, 2001, including tie-
down, terminal, refueling, and repair services, at
rates that reflect actual costs of providing such goods
and services.
(2) If Meigs Field is closed by the Administration for
reasons beyond the city of Chicago's control, the conditions
described in subparagraphs (B) through (D) of paragraph (1)
shall not apply.
(3) After January 1, 2006, the Administrator shall not
withhold Federal airport grant funds to the extent the
Administrator determines that withholding of such funds would
create an unreasonable burden on interstate commerce.
(4) The Administrator shall not enforce the conditions
listed in paragraph (1) if the State of Illinois enacts a law
on or after January 1, 2006, authorizing the closure of Meigs
Field.
(5) Net operating losses resulting from operation of Meigs
Field, to the extent consistent with law, are expected to be
paid by the 2 air carriers at O'Hare International Airport that
paid the highest amount of airport fees and charges at O'Hare
International Airport for the preceding calendar year.
Notwithstanding any other provision of law, the city of Chicago
may use airport revenues generated at O'Hare International
Airport to fund the operation of Meigs Field.
SEC. 106. APPLICATION WITH EXISTING LAW.
Nothing in this Act shall give any priority to or affect
availability or amounts of funds under chapter 471 of title 49, United
States Code, to pay the costs of O'Hare International Airport,
improvements shown on an airport layout plan directly related to the
agreement reached by the State of Illinois and the city of Chicago,
Illinois, on December 5, 2001.
SEC. 107. SENSE OF CONGRESS ON QUIET AIRCRAFT TECHNOLOGY RESEARCH AND
DEVELOPMENT.
It is the sense of the Congress that the Office of Environment and
Energy of the Federal Aviation Administration should be funded to carry
out noise mitigation programming and quiet aircraft technology research
and development at a level of $37,000,000 for fiscal year 2004 and
$47,000,000 for fiscal year 2005.
TITLE II--AIRPORT STREAMLINING APPROVAL PROCESS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Airport Streamlining Approval
Process Act of 2002''.
SEC. 202. FINDINGS.
Congress finds that--
(1) airports play a major role in interstate and foreign
commerce;
(2) congestion and delays at our Nation's major airports
have a significant negative impact on our Nation's economy;
(3) airport capacity enhancement projects at congested
airports are a national priority and should be constructed on
an expedited basis;
(4) airport capacity enhancement projects must include an
environmental review process that provides local citizenry an
opportunity for consideration of and appropriate action to
address environmental concerns; and
(5) the Federal Aviation Administration, airport
authorities, communities, and other Federal, State, and local
government agencies must work together to develop a plan, set
and honor milestones and deadlines, and work to protect the
environment while sustaining the economic vitality that will
result from the continued growth of aviation.
SEC. 203. PROMOTION OF NEW RUNWAYS.
Section 40104 of title 49, United States Code, is amended by adding
at the end the following:
``(c) Airport Capacity Enhancement Projects at Congested
Airports.--In carrying out subsection (a), the Administrator shall take
action to encourage the construction of airport capacity enhancement
projects at congested airports as those terms are defined in section
47179.''.
SEC. 204. AIRPORT PROJECT STREAMLINING.
(a) In General.--Chapter 471 of title 49, United States Code, is
amended by inserting after section 47153 the following:
``SUBCHAPTER III--AIRPORT PROJECT STREAMLINING
``Sec. 47171. DOT as lead agency
``(a) Airport Project Review Process.--The Secretary of
Transportation shall develop and implement a coordinated review process
for airport capacity enhancement projects at congested airports.
``(b) Coordinated Reviews.--The coordinated review process under
this section shall provide that all environmental reviews, analyses,
opinions, permits, licenses, and approvals that must be issued or made
by a Federal agency or airport sponsor for an airport capacity
enhancement project at a congested airport will be conducted
concurrently, to the maximum extent practicable, and completed within a
time period established by the Secretary, in cooperation with the
agencies identified under subsection (c) with respect to the project.
``(c) Identification of Jurisdictional Agencies.--With respect to
each airport capacity enhancement project at a congested airport, the
Secretary shall identify, as soon as practicable, all Federal and State
agencies that may have jurisdiction over environmental-related matters
that may be affected by the project or may be required by law to
conduct an environmental-related review or analysis of the project or
determine whether to issue an environmental-related permit, license, or
approval for the project.
``(d) State Authority.--If a coordinated review process is being
implemented under this section by the Secretary with respect to a
project at an airport within the boundaries of a State, the State,
consistent with State law, may choose to participate in such process
and provide that all State agencies that have jurisdiction over
environmental-related matters that may be affected by the project or
may be required by law to conduct an environmental-related review or
analysis of the project or determine whether to issue an environmental-
related permit, license, or approval for the project, be subject to the
process.
``(e) Memorandum of Understanding.--The coordinated review process
developed under this section may be incorporated into a memorandum of
understanding for a project between the Secretary and the heads of
other Federal and State agencies identified under subsection (c) with
respect to the project and the airport sponsor.
``(f) Effect of Failure To Meet Deadline.--
``(1) Notification of congress and ceq.--If the Secretary
determines that a Federal agency, State agency, or airport
sponsor that is participating in a coordinated review process
under this section with respect to a project has not met a
deadline established under subsection (b) for the project, the
Secretary shall notify, within 30 days of the date of such
determination, the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee
on Commerce, Science, and Transportation of the Senate, the
Council on Environmental Quality, and the agency or sponsor
involved about the failure to meet the deadline.
``(2) Agency report.--Not later than 30 days after date of
receipt of a notice under paragraph (1), the agency or sponsor
involved shall submit a report to the Secretary, the Committee
on Transportation and Infrastructure of the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Council on Environmental
Quality explaining why the agency or sponsor did not meet the
deadline and what actions it intends to take to complete or
issue the required review, analysis, opinion, license, or
approval.
``(g) Purpose and Need.--For any environmental review, analysis,
opinion, permit, license, or approval that must be issued or made by a
Federal or State agency that is participating in a coordinated review
process under this section with respect to an airport capacity
enhancement project at a congested airport and that requires an
analysis of purpose and need for the project, the agency,
notwithstanding any other provision of law, shall be bound by the
project purpose and need as defined by the Secretary.
``(h) Alternatives Analysis.--The Secretary shall determine the
reasonable alternatives to an airport capacity enhancement project at a
congested airport. Any other Federal or State agency that is
participating in a coordinated review process under this section with
respect to the project shall consider only those alternatives to the
project that the Secretary has determined are reasonable.
``(i) Solicitation and Consideration of Comments.--In applying
subsections (g) and (h), the Secretary shall solicit and consider
comments from interested persons and governmental entities.
``Sec. 47172. Categorical exclusions
``Not later than 120 days after the date of enactment of this
section, the Secretary of Transportation shall develop and publish a
list of categorical exclusions from the requirement that an
environmental assessment or an environmental impact statement be
prepared under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) for projects at airports.
``Sec. 47173. Access restrictions to ease construction
``At the request of an airport sponsor for a congested airport, the
Secretary of Transportation may approve a restriction on use of a
runway to be constructed at the airport to minimize potentially
significant adverse noise impacts from the runway only if the Secretary
determines that imposition of the restriction--
``(1) is necessary to mitigate those impacts and expedite
construction of the runway;
``(2) is the most appropriate and a cost-effective measure
to mitigate those impacts, taking into consideration any
environmental tradeoffs associated with the restriction; and
``(3) would not adversely affect service to small
communities, adversely affect safety or efficiency of the
national airspace system, unjustly discriminate against any
class of user of the airport, or impose an undue burden on
interstate or foreign commerce.
``Sec. 47174. Airport revenue to pay for mitigation
``(a) In General.--Notwithstanding section 47107(b), section 47133,
or any other provision of this title, the Secretary of Transportation
may allow an airport sponsor carrying out an airport capacity
enhancement project at a congested airport to make payments, out of
revenues generated at the airport (including local taxes on aviation
fuel), for measures to mitigate the environmental impacts of the
project if the Secretary finds that--
``(1) the mitigation measures are included as part of, or
are consistent with, the preferred alternative for the project
in the documentation prepared pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
``(2) the use of such revenues will provide a significant
incentive for, or remove an impediment to, approval of the
project by a State or local government; and
``(3) the cost of the mitigation measures is reasonable in
relation to the mitigation that will be achieved.
``(b) Mitigation of Aircraft Noise.--Mitigation measures described
in subsection (a) may include the insulation of residential buildings
and buildings used primarily for educational or medical purposes to
mitigate the effects of aircraft noise and the improvement of such
buildings as required for the insulation of the buildings under local
building codes.
``Sec. 47175. Airport funding of FAA staff
``(a) Acceptance of Sponsor-Provided Funds.--Notwithstanding any
other provision of law, the Administrator of the Federal Aviation
Administration may accept funds from an airport sponsor, including
funds provided to the sponsor under section 47114(c), to hire
additional staff or obtain the services of consultants in order to
facilitate the timely processing, review, and completion of
environmental activities associated with an airport development
project.
``(b) Administrative Provision.--Instead of payment from an airport
sponsor from funds apportioned to the sponsor under section 47114, the
Administrator, with agreement of the sponsor, may transfer funds that
would otherwise be apportioned to the sponsor under section 47114 to
the account used by the Administrator for activities described in
subsection (a).
``(c) Receipts Credited as Offsetting Collections.--Notwithstanding
section 3302 of title 31, any funds accepted under this section, except
funds transferred pursuant to subsection (b)--
``(1) shall be credited as offsetting collections to the
account that finances the activities and services for which the
funds are accepted;
``(2) shall be available for expenditure only to pay the
costs of activities and services for which the funds are
accepted; and
``(3) shall remain available until expended.
``(d) Maintenance of Effort.--No funds may be accepted pursuant to
subsection (a), or transferred pursuant to subsection (b), in any
fiscal year in which the Federal Aviation Administration does not
allocate at least the amount it expended in fiscal year 2002, excluding
amounts accepted pursuant to section 337 of the Department of
Transportation and Related Agencies Appropriations Act, 2002 (115 Stat.
862), for the activities described in subsection (a).
``Sec. 47176. Authorization of appropriations
``In addition to the amounts authorized to be appropriated under
section 106(k), there is authorized to be appropriated to the Secretary
of Transportation, out of the Airport and Airway Trust Fund established
under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C.
9502), $2,100,000 for fiscal year 2003 and $4,200,000 for each fiscal
year thereafter to facilitate the timely processing, review, and
completion of environmental activities associated with airport capacity
enhancement projects at congested airports.
``Sec. 47177. Judicial review
``(a) Filing and Venue.--A person disclosing a substantial interest
in an order issued by the Secretary of Transportation or the head of
any other Federal agency under this part or a person or agency relying
on any determination made under this part may apply for review of the
order by filing a petition for review in the United States Court of
Appeals for the District of Columbia Circuit or in the court of appeals
of the United States for the circuit in which the person resides or has
its principal place of business. The petition must be filed not later
than 60 days after the order is issued. The court may allow the
petition to be filed after the 60th day only if there are reasonable
grounds for not filing by the 60th day.
``(b) Judicial Procedures.--When a petition is filed under
subsection (a) of this section, the clerk of the court immediately
shall send a copy of the petition to the Secretary or the head of any
other Federal agency involved. The Secretary or the head of such other
agency shall file with the court a record of any proceeding in which
the order was issued.
``(c) Authority of Court.--When the petition is sent to the
Secretary or the head of any other Federal agency involved, the court
has exclusive jurisdiction to affirm, amend, modify, or set aside any
part of the order and may order the Secretary or the head of such other
agency to conduct further proceedings. After reasonable notice to the
Secretary or the head of such other agency, the court may grant interim
relief by staying the order or taking other appropriate action when
good cause for its action exists. Findings of fact by the Secretary or
the head of such other agency are conclusive if supported by
substantial evidence.
``(d) Requirement for Prior Objection.--In reviewing an order of
the Secretary or the head of any other Federal agency under this
section, the court may consider an objection to the action of the
Secretary or the head of such other agency only if the objection was
made in the proceeding conducted by the Secretary or the head of such
other agency or if there was a reasonable ground for not making the
objection in the proceeding.
``(e) Supreme Court Review.--A decision by a court under this
section may be reviewed only by the Supreme Court under section 1254 of
title 28.
``(f) Order Defined.--In this section, the term `order' includes a
record of decision or a finding of no significant impact.
``Sec. 47178. Definitions
``In this subchapter, the following definitions apply:
``(1) Airport sponsor.--The term `airport sponsor' has the
meaning given the term `sponsor' under section 47102.
``(2) Congested airport.--The term `congested airport'
means an airport that accounted for at least 1 percent of all
delayed aircraft operations in the United States in the most
recent year for which such data is available and an airport
listed in table 1 of the Federal Aviation Administration's
Airport Capacity Benchmark Report 2001.
``(3) Airport capacity enhancement project.--The term
`airport capacity enhancement project' means--
``(A) a project for construction or extension of a
runway, including any land acquisition, taxiway, or
safety area associated with the runway or runway
extension; and
``(B) such other airport development projects as
the Secretary may designate as facilitating a reduction
in air traffic congestion and delays.''.
(b) Conforming Amendment.--The analysis for chapter 471 of such
title is amended by adding at the end the following:
``SUBCHAPTER III--AIRPORT PROJECT STREAMLINING
``47171. DOT as lead agency.
``47172. Categorical exclusions.
``47173. Access restrictions to ease construction.
``47174. Airport revenue to pay for mitigation.
``47175. Airport funding of FAA staff.
``47176. Authorization of appropriations.
``47177. Judicial review.
``47178. Definitions.''.
SEC. 205. GOVERNOR'S CERTIFICATE.
Section 47106(c) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``and'' after the semicolon at the
end of subparagraph (A)(ii);
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as
subparagraph (B);
(2) in paragraph (2)(A) by striking ``stage 2'' and
inserting ``stage 3'';
(3) by striking paragraph (4); and
(4) by redesignating paragraph (5) as paragraph (4).
SEC. 206. CONSTRUCTION OF CERTAIN AIRPORT CAPACITY PROJECTS.
Section 47504(c)(2) of title 49, United States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) to an airport operator of a congested airport
(as defined in section 47178) and a unit of local
government referred to in paragraph (1)(A) or (1)(B) of
this subsection to carry out a project to mitigate
noise in the area surrounding the airport if the
project is included as a commitment in a record of
decision of the Federal Aviation Administration for an
airport capacity enhancement project (as defined in
section 47178) even if that airport has not met the
requirements of part 150 of title 14, Code of Federal
Regulations.''.
SEC. 207. LIMITATIONS.
Nothing in this Act, including any amendment made by this Act,
shall preempt or interfere with--
(1) any practice of seeking public comment; and
(2) any power, jurisdiction, or authority of a State agency
or an airport sponsor has with respect
to carrying out an airport capacity enhancement project.
Passed the House of Representatives July 23, 2002.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 515
107th CONGRESS
2d Session
H. R. 3479
_______________________________________________________________________
AN ACT
To expand aviation capacity.
_______________________________________________________________________
July 24, 2002
Received; read twice and placed on the calendar