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[House Report 107-531]
[From the U.S. Government Publishing Office]

107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-531

======================================================================

 
            AIRPORT STREAMLINING APPROVAL PROCESS ACT OF 2002

                                _______
                                

 June 25, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 4481]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 4481) to amend title 49, United 
States Code, relating to airport project streamlining, and for 
other purposes, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 significant noise impacts and 
        expedite construction of the runway;
          ``(2) is the most appropriate and a cost-effective measure to 
        mitigate the environmental impact of the runway, 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 
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 aligning the margins of subparagraphs (C) and (D) with 
        the margins of subparagraphs (A) and (B);
          (2) by striking ``and'' at the end of subparagraph (C);
          (3) by striking the period at the end of subparagraph (D) and 
        inserting ``; and''; and
          (4) 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.

                                Purpose

    The purpose of this legislation is to reform the approval 
process for airport runway capacity projects at our Nation's 
most congested airports.

                          Background and Need

    Over the last 20 years, air travel in the United States has 
grown faster than any other mode of transportation. 
Unfortunately, airport runway capacity has not kept pace with 
the growth. Last year, FAA released the Airport Capacity 
Benchmarks Report 2001, which indicates that many of our 
Nation's busiest airports are at or above capacity for at least 
some portion of the day.
    Insufficient airport runway capacity has led to chronic and 
worsening congestion. In the summer of 2001, one out of every 
four commercial flights experienced a significant delay or a 
cancellation. In recent weeks, the demand for airline travel 
has begun to rise again. Passenger traffic is returning and 
will soon reach pre-September 11th levels. It is not a question 
of if, but rather when, gridlock will return to our busiest 
airports.
    Even with the apparent national need for additional runway 
capacity, airports have had difficulty building new runways. In 
the last decade, only six of our Nation's largest airports 
managed to complete new runway projects.
    The current runway planning and approval process routinely 
takes ten years and can take much longer. To build a runway, an 
airport must coordinate with dozens of Federal, state and local 
agencies, including the Federal Aviation Administration, the 
Environmental Protection Agency, the Fish and Wildlife Service, 
the Park Service, the Army Corps of Engineers, the Advisory 
Council on Historic Preservation, state historical preservation 
offices and state air and water pollution agencies. Airports 
must also comply with over 40 Federal laws, often with 
conflicting and confusing mandates.
    According to FAA data, the average environmental impact 
statement (EIS) takes three and one half years to complete. 
There are several additional Federal environmental planning and 
permitting requirements outside of the EIS process that can add 
significant delays. For example, FAA completed the EIS for 
Seattle's third runway in 1997 in less than three years, yet 
construction has been delayed for the last five years due to 
the Clean Water Act permitting requirements. Legal challenges 
to environmental documents can also add significant delays to 
the process.
    H.R. 4481, the Airport Streamlining Approval Process Act of 
2002, is intended to cut through red tape and eliminate 
duplication without diminishing existing environmental laws or 
limiting local input or control over these critical projects. 
It will ensure that once a community reaches consensus on a 
critical capacity project, the review process will not 
unnecessarily delay construction. It designates the Department 
of Transportation as the lead agency for the project review 
process, and it directs the Secretary of Transportation to 
develop a coordinated review process for major airport capacity 
projects that will ensure that all environmental reviews by 
government agencies will be conducted at the same time, 
whenever possible.

                                Summary

Section 1.--Short title

    Provides that the Act may be cited as the ``Airport 
Streamlining Approval Process Act of 2002''.

Section 2.--Findings

    Makes a number of findings regarding our Nation's major 
airports and the environmental review process for airport 
capacity projects at congested airports.

Section 3.--Promotion of new runways

    Amends section 40104 of Title 49, United States Code, by 
adding a new subsection, which provides that the Administrator 
shall take action to encourage the construction of airport 
capacity enhancement projects at congested airports. This is 
designed to encourage the FAA to take a more proactive approach 
in encouraging the construction of new runways when it 
determines that it would be in the national interest.

Section 4.--Airport project streamlining

    Amends Chapter 471 of Title 49, United States Code, by 
adding after section 47153 a new ``Subchapter III--Airport 
Project Streamlining'' with the following new sections:
    Section 47171, ``DOT as lead agency,'' subsection (a) 
requires the Secretary to develop and implement an airport 
project review process for airport capacity enhancement 
projects at congested airports.
    Subsection (b) provides for a coordinated review process 
for all environmental reviews, analyses, opinions, permits, 
licenses, and approvals to be conducted concurrently and 
completed within a time period established by the Secretary in 
cooperation with the agencies involved.
    Subsection (c) requires that for each airport capacity 
enhancement project at a congested airport, the Secretary shall 
identify all Federal and state agencies that may have 
jurisdiction over environment-related matters, may be required 
by law to conduct an environment review, or may have 
jurisdiction to determine whether to issue an environment-
related permit, license, or approval for the project. The 
Committee recommends that this section be implemented in a 
manner consistent with Council on Environmental Quality 
regulations and policy guidance.
    Subsection (d) allows a State and its associated agencies, 
consistent with State law, to choose to participate in the 
coordinated review process for a project at an airport within 
that State.
    Subsection (e) allows the coordinated review process for a 
project to be incorporated into a Memorandum of Understanding 
between the Secretary and the heads of other Federal and State 
agencies identified in Subsection (c), and the airport 
involved.
    Subsection (f) sets forth the notification and reporting 
requirements should the Secretary determine that a Federal 
agency, state agency, or airport sponsor participating in the 
coordinated review process has not met a deadline established 
under subsection (b).
    Subsection (g) provides that for any environmental review 
process or approval issued or made by a Federal or state agency 
participating in a coordinated review process requiring an 
analysis of the purpose and need for a project, the agency is 
bound by the project's purpose and need as defined by the 
Secretary.
    Subsection (h) provides that the Secretary shall determine 
the reasonable alternatives to an airport capacity enhancement 
project at a congested airport and any other Federal or state 
agency participating in a coordinated review process shall 
consider only those alternatives to the project that the 
Secretary has determined are reasonable.
    The Committee recognizes that the Department of 
Transportation and the Federal Aviation Administration have 
significant expertise and experience on transportation-related 
matters. Therefore, the Committee believes that in conducting 
environmental reviews within the jurisdiction of the DOT, the 
Secretary should play a lead role in determining which 
analytical methods are reasonable for use in determining the 
transportation impacts and benefits of project alternatives, 
particularly in the area of noise impacts. Other agencies have 
expertise in determining the environmental impacts of 
transportation projects, and the Secretary should rely on the 
expertise of these agencies in analyzing these impacts. The 
Committee believes that, to the maximum extent possible, all 
Federal and state agencies participating in the coordinated 
review process should use a common set of data for their 
analyses in carrying out their responsibilities to conduct 
environmental reviews under Federal law.
    Subsection (i) states that in applying subsections (g) and 
(h), the Secretary shall solicit and consider comments from 
interested persons and governmental entities.
    Section 47172, ``Categorical exclusions,'' states that not 
later than 120 days after the date of enactment of this 
section, the Secretary shall develop and publish a list of 
categorical exclusions from the requirement that an 
environmental assessment or an environment impact statement be 
prepared for projects at airports. The Committee notes that the 
FAA has a process, consistent with the National Environmental 
Policy Act, whereby it excludes certain types of projects from 
the environmental review process.
    The Committee has been made aware of an issue regarding the 
environmental review of air carrier operations specifications. 
Operations specifications govern the class and size of aircraft 
to be operated by an air carrier at specific airports to ensure 
that those specific aircraft can be operated safely at those 
airports, but do not control the frequency or timing of 
operations. FAA environmental procedures allow for operations 
specifications to be categorically excluded from NEPA review, 
unless the FAA determines that approval may significantly 
change the character of the operational environment of an 
airport. In that case, FAA will conduct the necessary 
environmental review of the proposed operations specifications. 
However, the Committee has been informed that the data and 
analysis required to determine whether the approval or 
amendment of an operations specification should be 
categorically excluded has not been consistently applied 
throughout the FAA offices responsible for conducting such 
reviews, which has added to the cost and time of processing 
operations specifications. The Committee strongly urges the FAA 
to issue guidance to ensure consistent and timely review of all 
applications for operations specifications approvals/
amendments.
    In addition, the Committee is concerned that the 
environmental review requirements place an unfair burden on new 
entrants to a market. The Committee will revisit this issue in 
the reauthorization process and assess whether further 
legislative action is needed to address the problems 
identified.
    Section 47173, ``Access restrictions to ease 
construction,'' provides that at the request of an airport 
sponsor for a congested airport, the Secretary 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 the imposition 
of the restriction is (1) necessary to mitigate significant 
noise impacts and expedite construction of the runway; (2) the 
most appropriate and cost-effective measure to mitigate those 
impacts, taking into consideration any environmental tradeoffs; 
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.
    Section 47174, ``Airport revenue to pay for mitigation,'' 
subsection (a) states, that the Secretary 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 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 for NEPA; (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.
    Subsection (b) describes what the mitigation measures 
described in Subsection (a) may include.
    Section 47175, ``Airport funding of FAA staff,'' subsection 
(a) provides that the Administrator of the FAA may accept funds 
from an airport sponsor to hire additional staff or obtain the 
services of consultants to facilitate the timely processing, 
review, and completion of environmental documents associated 
with an airport development project.
    Subsection (b) allows the Administrator, with agreement of 
the airport sponsor, to 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).
    Section 47176, ``Authorization of appropriations,'' 
authorizes funds to be appropriated to the Secretary out of the 
Airport and Airway Trust Fund appropriations for fiscal year 
2003 and each fiscal year thereafter.
    Section 47177, ``Judicial review,'' subsection (a) provides 
that a person disclosing a substantial interest in an order 
issued by the Secretary 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. 
Requires that the petition must be filed not later than 60 days 
after the order is issued and that the court may allow a late 
filing if there are reasonable grounds.
    Subsection (b) sets forth the requirements for the court to 
immediately send a copy of the petition to the Secretary or the 
head of any other Federal agency involved, and for the 
Secretary or the head of such other Federal agency to file a 
record of any proceeding in which the order was issued with the 
court.
    Subsection (c) provides for the exclusive jurisdiction of 
the court and permits the court to require further proceedings 
and to grant interim relief when good cause exists. The 
findings of fact by the Secretary or the head of such other 
agency are conclusive if supported by substantial evidence.
    Subsection (d) states that in reviewing an order the court 
may consider an objection to the action 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.
    Subsection (e) states that only the Supreme Court may 
review a decision by a court under this section.
    Subsection (f) provides that the term ``order'' includes a 
record of decision or a finding of no significant impact.
    Section 47178, ``Definitions,'' provides a list of 
definitions of terms used in the subchapter.

Section 5.--Governor's certificate

    Repeals the requirement in section 47106(c)(B) that the 
Governor of the state in which the project is located certifies 
in writing to the Secretary that there is reasonable assurance 
that the project will be in compliance with applicable air and 
water quality standards.

Section 6.--Construction of certain airport capacity projects

    Authorizes the issuance of a grant to an airport operator 
of a congested airport and a unit of local government 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 FAA for an airport capacity enhancement 
project.

Section 7.--Limitations

    States that nothing in the Act shall preempt or interfere 
with any practice of seeking public comment and any power, 
jurisdiction, or authority that a state agency or an airport 
sponsor has with respect to carrying out an airport capacity 
enhancement project. Of course, this does not overrule any 
specific directive in the reported bill.

            Legislative History and Committee Consideration

    On May 24, 2001 the Aviation Subcommittee held a hearing on 
Airport Runway Construction Challenges.
    On April 24, 2002, the Full Committee met in open session 
and ordered H.R. 4481 reported with amendments, by voice vote 
with a quorum present. There were no recorded votes taken 
during Committee consideration of H.R. 4481.

                             Rollcall Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each rollcall vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no recorded votes taken in connection with ordering H.R. 
4481 reported. A motion by Mr. Mica to order H.R. 4481 
favorably reported to the House with an amendment in the nature 
of a substitute was agreed to by voice vote, a quorum being 
present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 4481.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
4481 from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 17, 2002.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4481, the Airport 
Streamlining Approval Process Act of 2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark Hadley.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

               Congressional Budget Office Cost Estimate

H.R. 4481--Airport Streamlining Approval Process Act of 2002

    Summary: H.R. 4481 would authorize the appropriation of 
$2.1 million 2003 and $4.2 million in each subsequent year to 
facilitate environmental reviews for projects that would 
enhance the capacity to handle more flights at congested 
airports. In addition, the bill would require the Secretary of 
Transportation to coordinate federal agencies' and airport 
sponsors' efforts to review the environmental impact of such 
projects. H.R. 4481 would authorize the Secretary to allow 
airport sponsors to use local revenues generated at the 
airports to support such projects. Finally, the bill would 
authorize the Federal Aviation Administrative (FAA) to accept 
funds from airport sponsors to hire additional staff to 
facilitate the timely review or environmental reviews for 
capacity-enhancing projects.
    Based on historical spending patterns of the FAA, CBO 
estimates that implementing H.R. 4481 would cost $18 million 
over the 2003-2007 period, assuming appropriation of the 
authorized funds. By allowing the FAA to accept funds from 
airport sponsors, H.R. 4481 would affect direct spending. 
Therefore, pay-as-you-go procedures would apply, but CBO 
estimates that any net effect on direct spending would be 
negligible.
    H.R. 4481 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4481 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                            By fiscal year, in millions of dollars--
                                               -----------------------------------------------------------------
                                                   2002       2003       2004       2005       2006       2007
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending for Environmental Reviews of Airport
 Projects Under Current Law:
    Estimated Authorization Level \1\.........         22         23         24         25         26         27
    Estimated Outlays.........................         22         23         24         25         26         27
Proposed Changes:
    Authorization Level.......................          0          2          4          4          4          4
    Estimated Outlays.........................          0          2          4          4          4          4
Spending Under H.R. 4481:
    Estimated Authorization Level.............         22         25         28         29         30         31
    Estimated Outlays.........................         22         25         28         29         30         31
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year for environmental reviews. The estimated
  authorization levels for the 2003-2007 period reflect the 2002 level adjusted for anticipated inflation in the
  CBO baseline for this activity.

    Basis of estimate: H.R. 4481 would authorize the 
appropriation of $19 million to the FAA to facilitate 
environmental reviews for projects that would enhance the 
capacity of congested airports. Based on information from the 
FAA, CBO expects that nearly all of this amount would be used 
to hire additional staff to perform environmental reviews of 
such projects. Based on historical spending patterns for FAA 
expenses, CBO estimates that implementing H.R. 4481 would 
result in outlays of about $18 million over the 2003-2007 
period, subject to appropriation of the authorized amounts.
    H.R. 4481 would also allow the FAA to accept funds from 
airport sponsors to hire additional staff. Because such funds 
could be collected and spent without appropriation, H.R. 4481 
would affect direct spending. Based on information from the 
FAA, CBO expects that only the largest airports would be 
willing to pay the FAA to facilitate the environmental review 
of their projects, and that any additional net direct spending 
would be insignificant each year.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. By 
allowing the FAA to accept funds from airport sponsors in order 
to hire additional staff, H.R. 4481 would affect direct 
spending, but CBO estimates that any such effect would be 
negligible each year.
    Intergovernmental and private-sector impact: H.R. 4481 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal costs: Mark Hadley; impact on 
state, local, and tribal governments: Susan Sieg Tompkins; 
impact on the private sector: Cecil McPherson.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1994 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local or 
tribal law. The Committee states that H.R. 4481 does not 
preempt any state, local or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                     TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *

                    SUBTITLE VII--AVIATION PROGRAMS

           *       *       *       *       *       *       *

                    PART A--AIR COMMERCE AND SAFETY

                           SUBPART I--GENERAL

                    CHAPTER 401--GENERAL PROVISIONS

           *       *       *       *       *       *       *

Sec. 40104. Promotion of civil aeronautics and safety of air commerce

  (a) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *

                 PART B--AIRPORT DEVELOPMENT AND NOISE

                    CHAPTER 471--AIRPORT DEVELOPMENT

                    SUBCHAPTER I--AIRPORT IMPROVEMENT

Sec.
47101.  Policies.
     * * * * * * *

              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.

           *       *       *       *       *       *       *

                   SUBCHAPTER I--AIRPORT IMPROVEMENT

Sec. 47106. Project grant application approval conditioned on 
                    satisfaction of project requirements

  (a) * * *

           *       *       *       *       *       *       *

  (c) Environmental Requirements.--(1) The Secretary may 
approve an application under this subchapter for an airport 
development project involving the location of an airport or 
runway or a major runway extension--
          (A) only if the sponsor certifies to the Secretary 
        that--
                  (i) * * *
                  (ii) the airport management board has voting 
                representation from the communities in which 
                the project is located or has advised the 
                communities that they have the right to 
                petition the Secretary about a proposed 
                project; and
          [(B) only if the chief executive officer of the State 
        in which the project will be located certifies in 
        writing to the Secretary that there is reasonable 
        assurance that the project will be located, designed, 
        constructed, and operated in compliance with applicable 
        air and water quality standards, except that the 
        Administrator of the Environmental Protection Agency 
        shall make the certification instead of the chief 
        executive officer if--
                  [(i) the State has not approved any 
                applicable State or local standards; and
                  [(ii) the Administrator has prescribed 
                applicable standards; and]
          [(C)] (B) if the application is found to have a 
        significant adverse effect on natural resources, 
        including fish and wildlife, natural, scenic, and 
        recreation assets, water and air quality, or another 
        factor affecting the environment, only after finding 
        that no possible and prudent alternative to the project 
        exists and that every reasonable step has been taken to 
        minimize the adverse effect.
  (2) The Secretary may approve an application under this 
subchapter for an airport development project that does not 
involve the location of an airport or runway, or a major runway 
extension, at an existing airport without requiring an 
environmental impact statement related to noise for the project 
if--
          (A) completing the project would allow operations at 
        the airport involving aircraft complying with the noise 
        standards prescribed for ``[stage 2] stage 3'' aircraft 
        in section 36.1 of title 14, Code of Federal 
        Regulations, to replace existing operations involving 
        aircraft that do not comply with those standards; and

           *       *       *       *       *       *       *

  [(4)(A) Notice of certification or of refusal to certify 
under paragraph (1)(B) of this subsection shall be provided to 
the Secretary not later than 60 days after the Secretary 
receives the application.
  [(B) The Secretary shall condition approval of the 
application on compliance with the applicable standards during 
construction and operation.]
  [(5)] (4) The Secretary may make a finding under paragraph 
(1)(C) of this subsection only after completely reviewing the 
matter. The review and finding must be a matter of public 
record.

           *       *       *       *       *       *       *

              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 significant noise 
        impacts and expedite construction of the runway;
          (2) is the most appropriate and a cost-effective 
        measure to mitigate the environmental impact of the 
        runway, 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 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.

           *       *       *       *       *       *       *

                          CHAPTER 475--NOISE

           *       *       *       *       *       *       *

Sec. 47504. Noise compatibility programs

  (a) * * *

           *       *       *       *       *       *       *

  (c) Grants.--(1) * * *
          (2) Soundproofing and acquisition of certain 
        residential buildings and properties.--The Secretary 
        may incur obligations to make grants from amounts made 
        available under section 48103 of this title--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) to an airport operator and unit of local 
                government referred to in paragraph (1)(A) or 
                (1)(B) of this subsection to carry out any part 
                of a program developed before February 18, 
                1980, or before implementing regulations were 
                prescribed, if the Secretary decides the 
                program is substantially consistent with 
                reducing existing noncompatible uses and 
                preventing the introduction of additional 
                noncompatible uses and the purposes of this 
                chapter will be furthered by promptly carrying 
                out the program; [and]
                  (D) to an airport operator and unit of local 
                government referred to in paragraph (1)(A) or 
                (1)(B) of this subsection to soundproof a 
                building in the noise impact area surrounding 
                the airport that is used primarily for 
                educational or medical purposes and that the 
                Secretary decides is adversely affected by 
                airport noise[.]; and
                  (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.

           *       *       *       *       *       *       *

                                  
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