[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4481 Engrossed in House (EH)]


  2d Session

                               H. R. 4481

_______________________________________________________________________

                                 AN ACT

  To amend title 49, United States Code, relating to airport project 
                 streamlining, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                H. R. 4481

_______________________________________________________________________

                                 AN ACT


 
  To amend title 49, United States Code, relating to airport project 
                 streamlining, and for other purposes.

    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 ``Airport Streamlining Approval 
Process Act of 2002''.

SEC. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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 9, 2002.

            Attest:

                                                                 Clerk.