[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1786 Placed on Calendar Senate (PCS)]
Calendar No. 270
107th CONGRESS
1st Session
S. 1786
To expand aviation capacity in the Chicago area.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 7, 2001
Mr. Durbin (for himself, Mr. Grassley, Mr. Harkin, Mr. Daschle, Mr.
Inhofe, Mr. Reid, Mr. Dorgan, Mr. Burns, Mr. Rockefeller, Mr. Breaux,
Mr. Brownback, Mr. Torricelli, and Mr. Johnson) introduced the
following bill
December 8 (legislative day, December 7), 2001
Read the first time
December 10, 2001
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To expand aviation capacity in the Chicago area.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Aviation Capacity Expansion
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The reliability and efficiency of the national air
transportation system significantly depend on the efficiency of
Chicago O'Hare International Airport. Because of O'Hare's
central location, and the magnitude of the demand for air
transportation services in northeast Illinois and northwest
Indiana, O'Hare has an essential role in the national air
transportation system. The reliability and efficiency of
interstate air transportation for residents and businesses in
many States depend on efficient processing of air traffic
operations at O'Hare.
(2) The largest efficient hub airports in the United States
are designed with multiple parallel runways without substantial
runway intersections. O'Hare cannot efficiently perform its
role in the national air transportation system unless it has
such a design.
(3) New runway construction projects are local decisions
that are supported by the Federal Government through the
Airport Improvement Program and other programs. Given the
importance of air travel to our national economy, and the
importance of O'Hare to national air transportation, it is
critical that the Federal Government does all it can to
facilitate redesign of O'Hare and the development of a
supplemental air carrier airport located near Peotone,
Illinois.
(4) The Governor of Illinois and the Mayor of Chicago have
determined that redesign of O'Hare and the development of a
supplemental air carrier airport located near Peotone,
Illinois, as described in this Act, are each necessary and
desirable to provide reliable and efficient air commerce.
(5) On December 5, 2001, the Governor of Illinois and the
Mayor of Chicago signed an historic agreement that would
modernize O'Hare International Airport, by providing for--
(A) east-west parallel runways;
(B) construction of a south suburban airport near
Peotone;
(C) addressing traffic congestion along the
Northwest Corridor, including western airport access;
(D) continuation of the operation of Chicago Meigs
Field; and
(E) maintenance of the quality of life for
residents near the airports.
(6) The importance of increasing commercial air service at
the Gary-Chicago and Greater Rockford Airports is also
recognized.
SEC. 3. AIRPORT REDESIGN.
(a) Necessity of O'Hare Runway Redesign and Development of South
Suburban Airport.--
(1) It is the policy of Congress that redesign and
reconstruction of Chicago O'Hare International Airport in Cook
and DuPage Counties, Illinois, in accordance with the runway
redesign plan, and the development of a south suburban airport
in the Chicago metropolitan region, are each required to
improve the efficiency of, and relieve congestion in, the
national air transportation system.
(2)(A) The Administrator of the Federal Aviation
Administration shall implement the Federal policy described in
paragraph (1) by facilitating approval, funding, construction,
and implementation of--
(i) the runway redesign plan upon receipt of an
application from Chicago for approval of an airport
layout plan that includes the runway redesign plan; and
(ii) the south suburban airport upon receipt of an
application from the State of Illinois or a political
subdivision thereof for approval of an airport layout
plan for a south suburban airport.
(B) Implementation of the plan described in subparagraph
(A) shall be subject to application of Federal laws with
respect to environmental protection and environmental analysis
including the National Environmental Policy Act and the
determination of the Administrator of the Federal Aviation
Administration that the plan meets the criteria regarding
practicability, safety, and efficiency, and is consistent with
Federal Aviation Administration design criteria.
(3) The State shall not enact or enforce any law respecting
aeronautics that interferes with, or has the effect of
interfering with, implementation of Federal policy with respect
to the runway redesign plan including sections 38.01, 47, and
48 of the Illinois Aeronautics Act.
(4) All environmental reviews, analyses, and opinions
related to issuance of permits, licenses, or approvals by
operation of Federal law relating to the runway redesign plan
or the south suburban airport shall be conducted on an
expedited basis. Each Federal agency having jurisdiction shall
complete environmental-related reviews on an expedited and
coordinated basis.
(5) If the Administrator of the Federal Aviation
Administration determines that construction or operation of the
runway redesign plan would not conform, within the meaning of
section 176(c) of the Clean Air Act, to an applicable
implementation plan approved or promulgated under section 110 of the
Clean Air Act, the Environmental Protection Agency shall forthwith
cause or promulgate a revision of such implementation plan sufficient
for the runway redesign plan to satisfy the requirements of section
176(c) of the Clean Air Act.
(6) In this section:
(A) The term ``runway redesign plan'' means--
(i) 6 parallel runways at O'Hare oriented
in the east-west direction with the capability,
to the extent determined by the Administrator
to be practicable, safe, and efficient, for 4
simultaneous independent instrument aircraft
arrivals, and all associated taxiways,
navigational facilities, passenger handling
facilities, and other related facilities; and
(ii) the closure of existing runways 14L-
32R, 14R-32L, and 18-36.
(B) The term ``south suburban airport'' means an
additional air carrier airport in the vicinity of
Peotone, Illinois.
(C) The term ``Administrator'' means the
Administrator of the Federal Aviation Administration or
his designee.
(b) Phasing of Construction.--Approval by the Administrator of an
airport layout plan that includes the runway redesign plan shall
provide that any runway located more than 2500 feet south of existing
runway 9R-27L shall not begin construction before January 1, 2011.
(c) Western Public Roadway Access.--The Administrator shall not
consider an airport layout plan submitted by Chicago that includes the
runway redesign plan, unless it includes public roadway access through
the western boundary of O'Hare to passenger terminal and parking
facilities. Approval of western public road access shall be subject to
the condition that the cost of construction be paid for from airport
revenues.
(d) Noise Mitigation.--
(1) Approval by the Administrator of an airport layout plan
that includes the runway redesign plan shall require 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
Federal Aviation Administration guidelines and specifications
of general applicability. The Administrator shall determine
that Chicago's plan for acoustical treatment is financially
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.
(C) The condition described in paragraph (1) shall be
enforceable exclusively by the Administrator, using noise
mitigation measures approved or approvable under part 150 of
title 14, Code of Federal Regulations.
(e) South Suburban Airport Federal Funding.--The Administrator
shall give priority consideration to a letter of intent application
submitted by the State of Illinois or a political subdivision thereof
for the construction of the south suburban airport. The Administrator
shall consider the letter not later than 90 days after the
Administrator issues final approval of the airport layout plan for the
south suburban airport.
(f) Federal Construction.--
(1) On July 1, 2004, or as soon practicable thereafter, the
Administrator shall construct the runway redesign plan as a
Federal project, if--
(A) the Administrator finds, after notice and
opportunity for public comment, that a continuous
course of construction of the runway redesign plan has
not commenced and is not reasonably expected to
commence by December 1, 2004;
(B) Chicago agrees in writing to construction of
the runway redesign plan as a Federal project;
(C) Chicago enters into an agreement, acceptable to
the Administrator, to protect the interests of the
United States Government with respect to the
construction, operation, and maintenance of the runway
redesign plan; and
(D) Chicago provides, without cost to the United
States Government, land, easements, rights-of-way,
rights of entry, and other interests in land or
property necessary to permit construction of the runway
redesign plan as a Federal project and to protect the
interests of the United States Government in its
construction, operation, maintenance, and use.
(2) The Administrator may make an agreement with the City
of Chicago under which Chicago will provide the work described
in paragraph (1), for the benefit of the Administrator.
(3) The Administrator is authorized and directed to acquire
in the name of the United States all land, easements, rights-
of-way, rights of entry, or other interests in land or property
necessary for the runway redesign plan under this section,
subject to such terms and conditions as the Administrator
deems necessary to protect the interests of the United States.
(g) Merrill C. Meigs Field.--
(1) Until January 1, 2026, the Administrator shall withhold
all airport grant funds respecting Chicago 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 Chicago as an airport or has been
closed for reasons beyond Chicago's control.
(B) Chicago is providing, at its own expense, all
off-airport roads and other access, services,
equipment, and other personal property that it provided
in connection with the operation of Meigs Field on and
prior to December 1, 2001.
(C) 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) 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) After January 1, 2006, the Administrator shall not
withhold grant funds under this Act to the extent the
Administrator determines that withholding of grant funds would
create an unreasonable burden on interstate commerce. If Meigs
Field is closed for reasons beyond Chicago's control, the
conditions described in subparagraphs (B) through (D) shall not
apply.
(3) 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.
(4) Net operating losses resulting from operation of Meigs
Field, to the extent consistent with law, are 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.
(h) Judicial Review.--An order issued by the Administrator of the
Federal Aviation Administration, in whole or in part, under this
section shall be deemed to be an order issued under subtitle VII of
part A of title 49, United States Code, and shall be reviewed in
accordance with the procedures in section 46110 of title 49, United
States Code.
Calendar No. 270
107th CONGRESS
1st Session
S. 1786
_______________________________________________________________________
A BILL
To expand aviation capacity in the Chicago area.
_______________________________________________________________________
December 10, 2001
Read the second time and placed on the calendar