I
107TH CONGRESS
1ST SESSION
H. R. 3479
To expand aviation capacity in the Chicago area.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 13, 2001
Mr. LIPINSKI (for himself, Mr. COSTELLO, Mr. DAVIS of Illinois, Mr. RUSH,
Mr. GUTIERREZ, Mr. EVANS, Mr. BLAGOJEVICH, Ms. SCHAKOWSKY, Mr.
DEFAZIO, Mr. BOSWELL, Mr. PHELPS, Mr. RAHALL, Ms. HOOLEY of Or-
egon, Mr. HOEFFEL, Mr. HINCHEY, Mr. FILNER, Ms. BALDWIN, Mr.
BAIRD, Mr. WU, Mr. BORSKI, Mr. CLEMENT, Mr. BARCIA, Mr.
LATOURETTE, Mr. SHIMKUS, Mrs. TAUSCHER, Mr. PASCRELL, Mr.
HOLDEN, Mr. MATHESON, Mr. HONDA, Mr. KIRK, Mr. NADLER, Ms.
BERKLEY, Mr. LARSEN of Washington, Mr. SANDLIN, Mr. CARSON of
Oklahoma, Mr. HORN, Mr. EHLERS, Mr. BACHUS, Mr. ENGEL, Mr.
BALDACCI, Mr. MEEKS of New York, Mr. NEAL of Massachusetts, Mr.
SAWYER, Ms. SLAUGHTER, Mr. UDALL of Colorado, Mr. TIERNEY, Mr.
MENENDEZ, Mr. SANDERS, Mr. DICKS, Mr. HOYER, Mr. BRADY of Penn-
sylvania, Mr. MURTHA, Mr. LAFALCE, Mr. DUNCAN, Mr. RODRIGUEZ,
Mr. ORTIZ, Mr. TOWNS, Mr. HINOJOSA, Mrs. MINK of Hawaii, Mr.
SMITH of Washington, Mr. POMEROY, Mr. CAPUANO, Mr. COYNE, Mr.
ETHERIDGE, Mr. MEEHAN, Ms. VELA´ZQUEZ, Mr. MICA, Mr. COOKSEY,
Mr. MASCARA, Mr. ACKERMAN, Mr. LAMPSON, Mr. PASTOR, and Mr.
SERRANO) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure
A BILL
To expand aviation capacity in the Chicago area.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Aviation Ca-
pacity Expansion Act’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The reliability and efficiency of the national
air transportation system significantly depend on the
efficiency of Chicago O’Hare International Airport.
Because of O’Hare’s central location, and the mag-
nitude of the demand for air transportation services
in northeast Illinois and northwest Indiana, O’Hare
has an essential role in the national air transpor-
tation system. The reliability and efficiency of inter-
state air transportation for residents and businesses
in many States depend on efficient processing of air
traffic operations at O’Hare.
(2) The largest efficient hub airports in the
United States are designed with multiple parallel
runways without substantial runway intersections.
O’Hare cannot efficiently perform its role in the na-
tional air transportation system unless it has such a
design.
(3) New runway construction projects are local
decisions that are supported by the Federal Govern-
ment through the Airport Improvement Program
and other programs. Given the importance of air
(E) maintenance of the quality of life for
residents near the airports.
(6) The importance of increasing commercial
air service at the Gary-Chicago and Greater Rock-
ford Airports is also recognized.
SEC. 3. AIRPORT REDESIGN.
(a) NECESSITY OF O’HARE RUNWAY REDESIGN AND
DEVELOPMENT OF SOUTH SUBURBAN AIRPORT.—
(1) It is the policy of Congress that 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 Chi-
cago metropolitan region, are each required to im-
prove the efficiency of, and relieve congestion in, the
national air transportation system.
(2)(A) The Administrator of the Federal Avia-
tion Administration shall implement the Federal pol-
icy described in paragraph (1) by facilitating ap-
proval, 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 re-
ceipt of an application from the State of Illinois
or a political subdivision thereof for approval of
an airport layout plan for a south suburban air-
port.
(B) Implementation of each plan described in
subparagraph (A) shall be subject to application of
Federal laws with respect to environmental protec-
tion and environmental analysis including the Na-
tional Environmental Policy Act and the determina-
tion of the Administrator of the Federal Aviation
Administration that the plan meets the criteria re-
garding practicability, safety, and efficiency, and is
consistent with Federal Aviation Administration de-
sign criteria.
(3) The State shall not enact or enforce any
law respecting aeronautics that interferes with, or
has the effect of interfering with, implementation of
Federal policy with respect to the runway redesign
plan including sections 38.01, 47, and 48 of the Illi-
nois Aeronautics Act.
(4) All environmental reviews, analyses, and
opinions related to issuance of permits, licenses, or
approvals by operation of Federal law relating to the
runway redesign plan or the south suburban airport
shall be conducted on an expedited basis. Each Fed-
eral agency having jurisdiction shall complete envi-
ronmental-related reviews on an expedited basis in
an integrated effort with the Federal Aviation Ad-
ministration. Other Federal agencies shall defer to
the congressional finding of need for the plans sub-
mitted under this section and the Federal Aviation
Administration’s determination as the lead Federal
agency of reasonable, practicable, feasible, and pru-
dent alternatives.
(5) If the Administrator of the Federal Aviation
Administration determines that construction or oper-
ation of the runway redesign plan would not con-
form, within the meaning of section 176(c) of the
Clean Air Act, to an applicable implementation plan
approved or promulgated under section 110 of the
Clean Air Act, the Environmental Protection Agency
shall forthwith use its powers under the Clean Air
Act respecting approval and promulgation of imple-
mentation plans to cause or promulgate a revision of
such implementation plan sufficient for the runway
redesign plan to satisfy the requirements of section
176(c) of the Clean Air Act.
(6) In this section:
(A) The term ‘‘runway redesign plan’’
means—
(i) 6 parallel runways at O’Hare ori-
ented in the east-west direction with the
capability, to the extent determined by the
Administrator to be practicable, safe, and
efficient, for 4 simultaneous independent
instrument aircraft arrivals, and all associ-
ated taxiways, navigational facilities, pas-
senger handling facilities, and other related
facilities; and
(ii) the closure of existing runways
14L–32R, 14R–32L, and 18–36.
(B) The term ‘‘south suburban airport’’
means an additional air carrier airport in the
vicinity of Peotone, Illinois.
(C) The term ‘‘Administrator’’ means the
Administrator of the Federal Aviation Adminis-
tration or his designee.
(b) PHASING OF CONSTRUCTION.—Approval by the
Administrator of an airport layout plan that includes the
runway redesign plan shall provide that any runway lo-
cated more than 2500 feet south of existing runway 9R–
27L shall not begin construction before January 1, 2011.
(c) WESTERN PUBLIC ROADWAY ACCESS.—The Ad-
ministrator shall not consider an airport layout plan sub-
mitted by Chicago that includes the runway redesign plan,
unless it includes public roadway access through the west-
ern boundary of O’Hare to passenger terminal and park-
ing facilities. Approval of western public road access shall
be subject to the condition that the cost of construction
be paid for from airport revenues consistent with Federal
Aviation Administration revenue use requirements.
(d) NOISE MITIGATION.—
(1) Approval by the Administrator of an airport
layout plan that includes the runway redesign plan
shall require Chicago to offer acoustical treatment of
all single-family houses and schools located within
the 65 DNL noise contour for each construction
phase of the runway redesign plan, subject to Fed-
eral Aviation Administration guidelines and speci-
fications of general applicability. Chicago shall be re-
quired to provide the Administrator with information
sufficient to demonstrate that the acoustical treat-
ment required by this paragraph is feasible.
(2)(A) Approval by the Administrator of an air-
port layout plan that includes the runway redesign
plan shall be subject to the condition that noise im-
pact of aircraft operations at O’Hare in the calendar
year immediately following the year in which the
first new runway is first used, and in each calendar
year thereafter, will be less than the noise impact in
calendar year 2000.
(B) The Administrator shall make the deter-
mination described in subparagraph (A)—
(i) using, to the extent practicable, the pro-
cedures specified in part 150 of title 14, Code
of Federal Regulations;
(ii) using the same method for calendar
year 2000 and for each forecast year; and
(iii) by determining noise impact solely in
terms of the aggregate number of square miles
and the aggregate number of single-family
houses and schools exposed to 65 or greater
decibels using the DNL metric, including only
single-family houses and schools in existence on
the last day of calendar year 2000.
(C) The condition described in this paragraph
shall be enforceable exclusively by the Administrator,
using noise mitigation measures approved or approv-
able under part 150 of title 14, Code of Federal
Regulations. The United States shall have no finan-
cial responsibility or liability if operations at O’Hare
in any given year do not satisfy the condition in this
paragraph.
(e) SOUTH SUBURBAN AIRPORT FEDERAL FUND-
ING.—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 con-
struction of the south suburban airport. The Adminis-
trator shall consider the letter not later than 90 days after
the Administrator issues final approval of the airport lay-
out plan for the south suburban airport.
(f) FEDERAL CONSTRUCTION.—
(1) On July 1, 2004, or as soon as practicable
thereafter, the Administrator shall construct the
runway redesign plan as a Federal project, if—
(A) the Administrator finds, after notice
and opportunity for public comment, that a
continuous course of construction of the runway
redesign plan has not commenced and is not
reasonably expected to commence by December
1, 2004;
(B) Chicago agrees in writing to construc-
tion of the runway redesign plan as a Federal
project without cost to the United States, ex-
cept such funds as may be authorized under
chapter 471 of title 49, United States Code,
under the authority of paragraph (4);
(C) Chicago enters into an agreement, ac-
ceptable to the Administrator, to protect the in-
terests of the United States Government with
respect to the construction, operation, and
maintenance of the runway redesign plan;
(D) the agreement with Chicago, at a min-
imum provides for Chicago to take over owner-
ship and operational control of each element of
the runway redesign plan upon completion of
construction of such element by the Adminis-
trator;
(E) Chicago provides, without cost to the
United States Government (except such funds
as may be authorized under chapter 471 of title
49, United States Code, under the authority of
paragraph (4)), land, easements, rights-of-way,
rights of entry, and other interests in land or
property necessary to permit construction of the
runway redesign plan as a Federal project and
to protect the interests of the United States
Government in its construction, operation,
maintenance, and use; and
(F) the Administrator is satisfied that the
costs of the runway redesign plan will be paid
from the sources normally used for airport de-
velopment projects of similar kind and scope.
(2) The Administrator may make an agreement
with the City of Chicago under which Chicago will
provide the work described in paragraph (1), for the
benefit of the Administrator.
(3) The Administrator is authorized and di-
rected to acquire in the name of the United States
all land, easements, rights-of-way, rights of entry, or
other interests in land or property necessary for the
runway redesign plan under this section, subject to
such terms and conditions as the Administrator
deems necessary to protect the interests of the
United States.
(4) Chicago shall be deemed the owner and op-
erator of each element of the runway reconfiguration
plan under section 40117 and chapter 471 of title
49, United States Code, notwithstanding any other
provision of this section or any of the provisions in
such title referred to in this subsection.
(g) MERRILL C. MEIGS FIELD.—
(1) Until January 1, 2026, the Administrator
shall withhold all airport grant funds respecting Chi-
cago O’Hare International Airport, other than
grants involving national security and safety, unless
the Administrator is reasonably satisfied that the
following conditions have been met:
(A) Merrill C. Meigs Field in Chicago ei-
ther is being operated by Chicago as an airport
or has been closed by the Federal Aviation Ad-
ministration for reasons beyond Chicago’s con-
trol.
(B) Chicago is providing, at its own ex-
pense, all off-airport roads and other access,
services, equipment, and other personal prop-
erty that it provided in connection with the op-
eration of Meigs Field on and prior to Decem-
ber 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 maintain-
ing the airport for such public operations at
least from 6:00 a.m. to 10:00 p.m. 7 days a
week whenever weather conditions permit.
(D) 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, in-
cluding 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 with-
holding of grant funds would create an unreasonable
burden on interstate commerce. If Meigs Field is
closed by the Federal Aviation Administration for
reasons beyond Chicago’s control, the conditions de-
scribed in subparagraphs (B) through (D) shall not
apply.
(3) The Administrator shall not enforce the
conditions listed in paragraph (1) if the State of Illi-
nois enacts a law on or after January 1, 2006, au-
thorizing the closure of Meigs Field.
(4) Net operating losses resulting from oper-
ation of Meigs Field, to the extent consistent with
law, are expected to be paid by the 2 air carriers at
O’Hare International Airport that paid the highest
amount of airport fees and charges at O’Hare Inter-
national Airport for the preceding calendar year.
Notwithstanding any other provision of law, the City
of Chicago may use airport revenues generated at
O’Hare International Airport to fund the operation
of Meigs Field.
(h) JUDICIAL REVIEW.—An order issued by the Ad-
ministrator of the Federal Aviation Administration, in
whole or in part, under this section shall be deemed to
be an order issued under subtitle VII of part A of title
49, United States Code, and shall be reviewed in accord-
ance with the procedures in section 46110 of title 49,
United States Code.
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