[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