[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]

_______________________________________________________________________

                                 A BILL

            To expand aviation capacity in the Chicago area.

_______________________________________________________________________

                             June 11, 2002

                       Reported with an amendment