[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2039 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2039

            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, and Mr. Biden) introduced 
the following bill; which was read twice and referred to the Committee 
                on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
            To expand aviation capacity in the Chicago area.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Aviation Capacity Expansion 
Act 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 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.
            (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 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.
            (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 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.

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 laws and procedures, shall implement the Federal 
        policy described in paragraph (1) by facilitating approval, 
        funding, construction, and implementation of--
                    (i) the runway redesign plan upon receipt of an 
                application from Chicago for approval of an airport 
                layout plan that includes the runway redesign plan; and
                    (ii) the south suburban airport upon receipt of an 
                application from the State of Illinois or a political 
                subdivision thereof for approval of an airport layout 
                plan for a south suburban airport.
            (B) 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.
            (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.
            (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--
                    (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;
                    (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
                    (iii) 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. 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.
            (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.
    (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.
    (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.
    (d) Noise Mitigation.--
            (1) Approval by the Administrator of an airport layout plan 
        that includes the runway redesign plan shall require Chicago to 
        offer acoustical treatment of all single-family houses and 
        schools located within the 65 DNL noise contour for each 
        construction phase of the runway redesign plan, subject to 
        Federal Aviation Administration guidelines and specifications 
        of general applicability. The Administrator 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 Administrator shall make the determination 
        described in subparagraph (A)--
                    (i) using, to the extent practicable, the 
                procedures specified in part 150 of title 14, Code of 
                Federal Regulations;
                    (ii) using the same method for calendar year 2000 
                and for each forecast year; and
                    (iii) by determining noise impact solely in terms 
                of the aggregate number of square miles and the 
                aggregate number of single-family houses and schools 
                exposed to 65 or greater decibels using the DNL metric, 
                including only single-family houses and schools in 
                existence on the last day of calendar year 2000.
                    (C) The 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.
                    (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.
                    (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.
    (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.
    (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--
            (1) identifying each permit and approval that has not yet 
        been issued;
            (2) identifying the officer or agency responsible for each 
        such permit or approval;
            (3) stating the Administrator's estimate of the date on 
        which each such permit or approval will be issued;
            (4) identifying any permits or approvals that, in the 
        Administrator's judgment, will not be issued;
            (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
            (6) setting forth a feasible plan for obtaining the 
        remaining permits and approvals and for constructing the runway 
        redesign plan.
    (g) 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 to December 1, 2001.
                    (C) Chicago is operating Meigs Field, at its own 
                expense, at all times as a public airport in good 
                condition and repair open to all users capable of 
                utilizing the airport, and is maintaining the airport 
                for such public operations at least from 6 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 other provision of law, the city of 
        Chicago may use airport revenues generated at O'Hare to fund 
        the operation of Meigs Field.
    (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.
    (i) 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 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.
                                 <all>