[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2039 Reported in Senate (RS)]
Calendar No. 414
107th CONGRESS
2d Session
S. 2039
[Report No. 107-161]
To expand aviation capacity in the Chicago area.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 20, 2002
Mr. Durbin (for himself, Mr. Grassley, Mr. Harkin, Mr. Daschle, Mr.
Leahy, Mr. Schumer, Mr. Nelson of Nebraska, Mr. Biden, Mrs. Carnahan,
Mr. Dorgan, Mr. Johnson, Mr. Reid, Mr. Inhofe, Mr. Breaux, Mr. Conrad,
Mr. Akaka, Mr. Bingaman, Mr. Kerry, Mr. Kohl, Ms. Mikulski, Mr. Burns,
Mr. Reed, Mr. Torricelli, Mr. Inouye, Mr. Bayh, Mr. Graham, and Mr.
Allard) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
June 11, 2002
Reported by Mr. Hollings, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``National Aviation Capacity
Expansion Act of 2002''.</DELETED>
<DELETED> SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress makes the following findings:</DELETED>
<DELETED> (1) Prior to September 11, 2001, the United States
air transportation system faced severe limitations in airport
capacity. As the aviation system returns to its pre-September
11 levels, interstate commerce will be substantially
constrained without airport expansion.</DELETED>
<DELETED> (2) Meeting the future demand of air travelers,
expected to top 1,000,000,000 by 2010, is a challenge facing
the United States today. Knowing that airport development,
runway construction, and runway reconfiguration is a multiyear
process, action is needed now.</DELETED>
<DELETED> (3) Communities, small and large, throughout the
United States recognize, particularly after September 11, how
critical air transportation is to local economies.</DELETED>
<DELETED> (4) Airport delays, because of lack of runway
capacity, are a serious impediment to interstate
commerce.</DELETED>
<DELETED> (5) Airport expansion, nationwide and at O'Hare
International Airport (in this Act referred to as ``O'Hare'')
and in the Chicago area, is essential to interstate commerce.
Given the agreement of December 5, 2001, between the Mayor of
Chicago and the Governor of Illinois concerning Chicago area
airports, Congress wants to ensure that interstate commerce is
not inhibited by future action or inaction on such
expansion.</DELETED>
<DELETED> (6) New runway construction projects are local
decisions that are supported by the Federal Government through
the Airport Improvement Program and other programs, subject to
Federal regulation of aviation safety. For years, a debate over
airport expansion in Illinois has stifled redesign of O'Hare
and inhibited action on a new south suburban airport.</DELETED>
<DELETED> (7) 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.</DELETED>
<DELETED> (8) On June 15, 2001, the Committee on Commerce of
the Senate held a field hearing in Chicago and directed the
parties to settle their differences because of the importance
of O'Hare and expansion to the national air transportation
system.</DELETED>
<DELETED> (9) The Governor of Illinois and the Mayor of
Chicago have determined that redesign of O'Hare and the
development of an additional air carrier airport located near
Peotone, Illinois, as described in this Act, are each necessary
and desirable to provide reliable and efficient air
commerce.</DELETED>
<DELETED> (10) On December 5, 2001, the Governor of Illinois
and the Mayor of Chicago entered into a historic agreement
concerning regional airport improvements and the regional air
transportation system.</DELETED>
<DELETED> (11) This decision will benefit travelers
throughout the country and should make the air transportation
system more efficient.</DELETED>
<DELETED> (12) The importance of increasing commercial air
service at the Gary-Chicago and Greater Rockford Airports is
also recognized. By fully utilizing and enhancing these
existing and immediately available facilities, Gary-Chicago and
Greater Rockford Airports can help provide relief to congestion
that may occur during the modernization and reconfiguration of
O'Hare.</DELETED>
<DELETED>SEC. 3. AIRPORT CONSTRUCTION AND REDESIGN.</DELETED>
<DELETED> (a) O'Hare Runway Redesign and Development of South
Suburban Airport.--</DELETED>
<DELETED> (1) It is the policy of Congress that, given the
agreement between the Governor of Illinois and the Mayor of the
City of Chicago, 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 necessary to improve the efficiency of, and relieve
congestion in, the national air transportation
system.</DELETED>
<DELETED> (2)(A) The Administrator, consistent with Federal
environmental laws and procedures, shall implement the Federal
policy described in paragraph (1) by facilitating approval,
funding, construction, and implementation of--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) The Administrator's actions under this
subsection and implementation of each 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.
Nothing in this section shall be deemed to amend or otherwise
be inconsistent with such laws.</DELETED>
<DELETED> (C) Implementation of each plan described in
subparagraph (A) shall be subject to determination by the
Administrator that the plan meets Federal aviation criteria
regarding practicability, safety, and efficiency, and is
consistent with Federal Aviation Administration design
criteria.</DELETED>
<DELETED> (3) The State of Illinois, including an
instrumentality of the State, shall not enforce sections 38.01
and 47 of the Illinois Aeronautics Act with respect to the
runway redesign plan.</DELETED>
<DELETED> (4)(A) The State of Illinois, a political
subdivision of the State, or authority of the State, or
political subdivision that is not the owner or operator of
O'Hare, may not regulate or otherwise attempt to control in any
manner--</DELETED>
<DELETED> (i) aviation safety with respect to the
design, operation, or use of the runway redesign plan,
if construction of the runway redesign plan does not
occur unless the Administrator finds that the plan
satisfies the requirements of Federal law with respect
to aviation safety;</DELETED>
<DELETED> (ii) application by the owner or operator
of O'Hare for a grant under chapter 471 of title 49,
United States Code, to pay a portion of the costs of
planning or construction of the runway redesign plan,
or the receipt, collection, or use of the proceeds
thereof; or</DELETED>
<DELETED> (iii) design, operation, or use of the
runway redesign plan to the extent such regulation or
other control by the State is otherwise
prohibited.</DELETED>
<DELETED> (5)(A) An implementation plan shall be prepared by
the State of Illinois under the Clean Air Act in accordance
with the State's customary practices for accounting for and
regulating emissions associated with activity at commercial
service airports. No action of the State with respect to an
implementation plan, or determination of conformity therewith,
shall be made for the purpose of interfering directly or
indirectly with timely construction of the runway redesign plan
or the south suburban airport. At the request of the
Administrator, the Administrator of the Environmental
Protection Agency shall, in consultation with the
Administrator, 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.</DELETED>
<DELETED> (B) The Administrator shall not approve the runway
redesign plan unless the Administrator 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.</DELETED>
<DELETED> (b) Phasing of Construction.--Approval by the
Administrator of an airport layout plan that includes the runway
redesign plan shall provide that construction shall not begin before
January 1, 2011, on any runway oriented substantially in the east-west
direction and located more than 2,500 feet south of existing runway 9R-
27L.</DELETED>
<DELETED> (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 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
Federal Aviation Administration revenue use requirements.</DELETED>
<DELETED> (d) Noise Mitigation.--</DELETED>
<DELETED> (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 may
not approve the runway redesign plan unless Chicago provides
the Administrator with information sufficient to demonstrate
that the acoustical treatment required by this paragraph is
feasible.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) The Administrator shall make the determination
described in subparagraph (A)--</DELETED>
<DELETED> (i) using, to the extent practicable, the
procedures specified in part 150 of title 14, Code of
Federal Regulations;</DELETED>
<DELETED> (ii) using the same method for calendar
year 2000 and for each forecast year; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (C) The Administrator shall make the
determination described in subparagraph (B) based on
information provided by the city of Chicago, which
shall be independently verified by the
Administrator.</DELETED>
<DELETED> (D) The noise mitigation condition
described in this paragraph 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 paragraph. The Administrator shall
approve measures sufficient for compliance with this
paragraph in accordance with procedures under such part 150.</DELETED>
<DELETED> (E) The United States shall have no
financial responsibility or liability if operations at
O'Hare in any year do not satisfy the noise mitigation
condition of this paragraph.</DELETED>
<DELETED> (e) South Suburban Airport 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.</DELETED>
<DELETED> (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 report to Congress within
120 days of such date--</DELETED>
<DELETED> (1) identifying each permit and approval that has
not yet been issued;</DELETED>
<DELETED> (2) identifying the officer or agency responsible
for each such permit or approval;</DELETED>
<DELETED> (3) stating the Administrator's estimate of the
date on which each such permit or approval will be
issued;</DELETED>
<DELETED> (4) identifying any permits or approvals that, in
the Administrator's judgment, will not be issued;</DELETED>
<DELETED> (5) stating, after investigation, the reason that
each such permit or approval has been delayed or will not be
issued and the Administrator's judgment with respect to the
reasonableness of such delays or refusals to issue;
and</DELETED>
<DELETED> (6) setting forth a feasible plan for obtaining
the remaining permits and approvals and for constructing the
runway redesign plan.</DELETED>
<DELETED> (g) Merrill C. Meigs Field.--</DELETED>
<DELETED> (1) Until January 1, 2026, the Administrator shall
withhold all airport grant funds respecting O'Hare, other than
grants involving national security and safety, unless the
Administrator is reasonably satisfied that the following
conditions have been met:</DELETED>
<DELETED> (A) Merrill C. Meigs Field in Chicago
either is being operated by Chicago as an airport or
has been closed by the Federal Aviation Administration
for reasons beyond Chicago's control.</DELETED>
<DELETED> (B) Chicago is providing, at its own
expense, all off-airport roads and other access,
services, equipment, and other personal property that
Chicago provided in connection with the operation of
Meigs Field on and before to December 1,
2001.</DELETED>
<DELETED> (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 a.m. to 10
p.m. 7 days a week whenever weather conditions
permit.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) After January 1, 2006, the Administrator shall
not withhold grant funds under this Act to the extent the
Administrator determines that withholding grant funds would
create an unreasonable burden on interstate commerce.</DELETED>
<DELETED> (3) If Meigs Field is closed by the Federal
Aviation Administration for reasons beyond Chicago's control,
the conditions described in subparagraphs (B) through (D) of
paragraph (1) shall not apply.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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 that paid the
highest amount of airport fees and charges at O'Hare for the
preceding calendar year.</DELETED>
<DELETED> (6) Notwithstanding any other provision of law,
the city of Chicago may use airport revenues generated at
O'Hare to fund the operation of Meigs Field.</DELETED>
<DELETED> (h) 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 procedures in
section 46110 of title 49, United States Code.</DELETED>
<DELETED> (i) Definitions.--In this section:</DELETED>
<DELETED> (1) The term ``runway redesign plan'' means--
</DELETED>
<DELETED> (A) 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</DELETED>
<DELETED> (B) the closure of existing runways 14L-
32R, 14R-32L, and 18-36.</DELETED>
<DELETED> (2) The term ``south suburban airport'' means an
additional air carrier airport in the vicinity of Peotone,
Illinois.</DELETED>
<DELETED> (3) The term ``Administrator'' means the
Administrator of the Federal Aviation Administration or the
Administrator's designee.</DELETED>
<DELETED> (4) The term ``State'' means the State of
Illinois.</DELETED>
<DELETED> (5) The term ``implementation plan'' means an
applicable State implementation plan, maintenance plan, or
revision thereof under the Clean Air Act.</DELETED>
<DELETED>SEC. 4. APPLICATION WITH EXISTING LAW.</DELETED>
<DELETED> 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 the O'Hare runway redesign plan or
O'Hare noise mitigation described in section 3.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Aviation Capacity Expansion
Act of 2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Prior to September 11, 2001, the United States air
transportation system faced severe limitations in airport
capacity. As the aviation system returns to its pre-September
11 levels, interstate commerce will be substantially
constrained without airport expansion.
(2) Meeting the future demand of air travelers, expected to
top 1,000,000,000 by 2013, is a challenge facing the United
States today. Knowing that airport development, runway
construction, and runway reconfiguration is a multiyear
process, action is needed now.
(3) Communities, small and large, throughout the United
States recognize, particularly after September 11, how critical
air transportation is to local economies.
(4) Airport delays, because of lack of runway capacity, are
a serious impediment to interstate commerce.
(5) Airport expansion, nationwide and at O'Hare
International Airport (in this Act referred to as ``O'Hare'')
and in the Chicago area, is essential to interstate commerce.
Given the agreement of December 5, 2001, between the Mayor of
Chicago and the Governor of Illinois concerning Chicago area
airports, Congress wants to ensure that interstate commerce is
not inhibited by future action or inaction on such expansion.
(6) New runway construction projects are local decisions
that are supported by the Federal Government through the
Airport Improvement Program and other programs, subject to
Federal regulation of aviation safety. For years, a debate over
airport expansion in Illinois has stifled redesign of O'Hare
and inhibited action on a new south suburban airport.
(7) 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.
(8) On June 15, 2001, the Senate Committee on Commerce,
Science, and Transportation held a field hearing in Chicago and
directed the parties to settle their differences because of the
importance of O'Hare and expansion to the national air
transportation system.
(9) The Governor of Illinois and the Mayor of Chicago have
determined that redesign of O'Hare and the development of an
additional air carrier airport located near Peotone, Illinois,
as described in this Act, are each necessary and desirable to
provide reliable and efficient air commerce.
(10) On December 5, 2001, the Governor of Illinois and the
Mayor of Chicago entered into a historic agreement concerning
regional airport improvements and the regional air
transportation system.
(11) This decision will benefit travelers throughout the
country and should make the air transportation system more
efficient.
(12) The importance of utilizing existing infrastructure,
such as the Gary/Chicago Airport in Gary, Indiana, and the
Greater Rockford Airport, to alleviate air traffic congestion and
provide additional capacity in the greater Chicago metropolitan region
is also recognized. Current or future operations at the Gary/Chicago
Airport or the Greater Rockford Airport may become a more important
component of air service in the region and the Federal Aviation
Administration, in reviewing various expansion plans, should take into
account the role of these airports.
SEC. 3. AIRPORT CONSTRUCTION AND REDESIGN.
(a) O'Hare Runway Redesign and Development of South Suburban
Airport.--
(1) It is the policy of Congress that, given the agreement
between the Governor of Illinois and the Mayor of the City of
Chicago, 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 necessary to improve the efficiency of, and relieve
congestion in, the national air transportation system.
(2)(A) The Administrator, consistent with Federal
environmental and aviation laws and procedures, shall implement
the Federal policy described in paragraph (1) by facilitating
all agency reviews, and facilitating 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) The Administrator's actions under this subsection and
implementation of each 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. Nothing in this section
shall be deemed to amend or otherwise be inconsistent with such laws.
(C) Implementation of each plan described in subparagraph
(A) shall be subject to determination by the Administrator that
the plan meets Federal aviation criteria regarding
practicability, safety, and efficiency, and is consistent with
Federal Aviation Administration design criteria.
(D) The Administrator may not approve the runway redesign
plan unless the Administrator determines that the plan should
achieve improved capacity under both Instrument Flight Rule and
Visual Flight Rule conditions.
(E) Nothing in this subsection shall be deemed to affect
the property rights of any airport user at O'Hare.
(3) If the Administrator at any time after December 5,
2001, provides (or has provided) funds for planning of the
runway redesign plan or construction of a runway pursuant to
that plan, neither the State nor any instrumentality or
political subdivision of the State, may enforce section 38.01
or section 47 of the Illinois Aeronautics Act with respect to
the runway redesign plan. This paragraph shall not apply after
the Administrator certifies that no additional funds will be
provided under chapter 471 of title 49, United States Code, for
planning of the runway redesign plan or construction of a
runway pursuant to that plan.
(4) The State of Illinois, a political subdivision of the
State, or authority of the State, or political subdivision that
is not the owner or operator of O'Hare, may not regulate or
otherwise attempt to control in any manner--
(A) aviation safety with respect to the design and
construction of the runway redesign plan, except that
construction of the runway may not begin unless the
Administrator finds that the plan satisfies the
requirements of Federal law with respect to aviation
safety;
(B) application by the owner or operator of O'Hare
for a grant under chapter 471 of title 49, United
States Code, to pay a portion of the costs of planning
or construction of the runway redesign plan, or the
receipt, collection, or use of the proceeds thereof; or
(C) design, operation, or use of the runway
redesign plan to the extent such regulation or other
control by the State is otherwise prohibited.
(5)(A) An implementation plan shall be prepared by the
State of Illinois under the Clean Air Act 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, the Administrator of the Environmental
Protection Agency shall, in consultation with the
Administrator, 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.
(B) The Administrator shall not approve the runway redesign
plan unless the Administrator 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.
(6) Notwithstanding any other provision of this Act, the
Administrator is not required to approve the proposed runway
redesign plan.
(b) Airport Safety.--Notwithstanding any other provision of this
Act, the Administrator shall not approve the proposed runway redesign
plan for O'Hare if the Administrator determines that implementation of
the plan may increase the rate of runway incursions or degrade the
safety of departing aircraft or the safety of arriving aircraft
(including safety relating to the terminal approach control or the
vectoring of aircraft from the contiguous enroute air-traffic
airspace).
(c) Phasing of Construction.--Approval by the Administrator of an
airport layout plan that includes the runway redesign plan shall
provide that construction shall not begin before January 1, 2011, on
any runway oriented substantially in the east-west direction and
located more than 2,500 feet south of existing runway 9R-27L.
(d) 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 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 costs of construction
will be paid from airport revenues only to the extent that such costs
are consistent with Federal Aviation Administration revenue use
requirements.
(e) 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 residential units 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 may not approve the runway
redesign plan unless Chicago 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 noise impact shall be calculated by the City of
Chicago--
(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 residential units and schools
exposed to 65 or greater decibels using the DNL metric,
including only residential units and schools in
existence on the last day of calendar year 2000.
(C) The Administrator shall independently verify the
calculation described in subparagraph (B) based on information
provided by the City of Chicago, which shall be certified by
the City as true and complete, consistent with part 150
procedures.
(D) The noise mitigation condition described in this
paragraph shall be implemented and monitored 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 paragraph. The
Administrator shall approve measures submitted for compliance
with this paragraph in accordance with procedures and criteria under
such part 150.
(E) The United States shall have no financial
responsibility or liability if operations at O'Hare in any year
do not satisfy the noise mitigation condition of this
paragraph.
(f) South Suburban Airport 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.
(g) Gary/Chicago Airport Funding.--The Administrator shall give
priority consideration to a letter of intent application for funding
submitted by the City of Gary, Indiana, or the State of Indiana, for
the extension of the main runway at the Gary/Chicago Airport. The
letter of intent application shall be considered upon completion of the
environmental impact statement and benefit cost analysis in accordance
with Federal Aviation Administration requirements. The Administrator
shall consider the letter not later than 90 days after receiving it
from the applicant.
(h) 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 Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure within 120 days of such
date identifying each permit and approval necessary for the project and
the status of each such action.
(i) Merrill C. Meigs Field.--
(1) Until January 1, 2026, the Administrator shall withhold
all airport grant funds respecting O'Hare, 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 by the Federal Aviation Administration 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 Chicago
provided in connection with the operation of Meigs
Field on and before 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 a.m. to 10 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 grant funds would
create an unreasonable burden on interstate commerce.
(3) If Meigs Field is closed by the Federal Aviation
Administration for reasons beyond Chicago's control, the
conditions described in subparagraphs (B) through (D) of
paragraph (1) shall not apply.
(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 that paid the highest
amount of airport fees and charges at O'Hare for the preceding
calendar year.
(6) Notwithstanding any provision of title 49, United
States Code, the city of Chicago may use airport revenues
generated at O'Hare to fund operating and maintenance costs
associated with Meigs Field.
(j) 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 procedures in section
46110 of title 49, United States Code.
(k) Definitions.--In this section:
(1) The term ``runway redesign plan'' means--
(A) 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
(B) the closure of existing runways 14L-32R, 14R-
32L, and 18-36.
(2) The term ``south suburban airport'' means an additional
air carrier airport in the vicinity of Peotone, Illinois.
(3) The term ``Administrator'' means the Administrator of
the Federal Aviation Administration or the Administrator's
designee.
(4) The term ``State'' means the State of Illinois.
(5) The term ``implementation plan'' means an applicable
State implementation plan, maintenance plan, or revision
thereof under the Clean Air Act.
SEC. 4. APPLICATION WITH EXISTING LAW.
Nothing in this Act shall give any priority to an application for
or affect availability or amounts of funds under chapter 471 of title
49, United States Code, to pay the costs of the O'Hare runway redesign
plan or O'Hare noise mitigation described in section 3.
SEC. 5. COMPETITIVE ACCESS REQUIREMENTS.
In providing funds to implement the runway redesign plans under
section 3, the Administrator of the Federal Aviation Administration
shall receive adequate assurances from the City of Chicago that--
(1) gates and associated facilities are available, or will
be made available, at costs that are fair, reasonable, and non-
discriminatory to all air carriers currently serving or seeking
to serve Chicago O'Hare International Airport with scheduled
air service;
(2) gates and associated facilities subject to exclusive
use agreements as of the date of the enactment of this Act are,
or will be, converted to preferential-use or common-use as soon
as practicable;
(3) gates and associated facilities either relinquished by
terminal signatories or added to the base of facilities at that
airport as the result of projects to expand, redevelop, or
redesign existing facilities or to construct new facilities,
are, or will be, designated for preferential-use or common-use
agreements; and
(4) it will conduct a comprehensive inventory of gates and
associated facilities as of the date of the enactment of this
Act to establish the base of facilities at Chicago O'Hare
International Airport that--
(A) identifies the type of use or lease agreement
in effect for every gate and associated facility at
that airport; and
(B) will be made publicly available.
Calendar No. 414
107th CONGRESS
2d Session
S. 2039
[Report No. 107-161]
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A BILL
To expand aviation capacity in the Chicago area.
_______________________________________________________________________
June 11, 2002
Reported with an amendment