H. R. 2115—45
‘‘SUBCHAPTER III—AVIATION DEVELOPMENT
STREAMLINING
‘‘§ 47171. 
Expedited, 
coordinated 
environmental 
review
process
‘‘(a) AVIATION PROJECT REVIEW PROCESS.—The Secretary of
Transportation shall develop and implement an expedited and
coordinated environmental review process for airport capacity
enhancement projects at congested airports, aviation safety projects,
and aviation security projects that—
‘‘(1) provides for better coordination among the Federal,
regional, State, and local agencies concerned with the prepara-
tion of environmental impact statements or environmental
assessments under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
‘‘(2) provides that all environmental reviews, analyses, opin-
ions, permits, licenses, and approvals that must be issued or
made by a Federal agency or airport sponsor for such a project
will be conducted concurrently, to the maximum extent prac-
ticable; and
‘‘(3) provides that any environmental review, analysis,
opinion, permit, license, or approval that must be issued or
made by a Federal agency or airport sponsor for such a project
will be completed within a time period established by the
Secretary, in cooperation with the agencies identified under
subsection (d) with respect to the project.
‘‘(b) AVIATION PROJECTS SUBJECT TO A STREAMLINED ENVIRON-
MENTAL REVIEW PROCESS.—
‘‘(1) AIRPORT CAPACITY ENHANCEMENT PROJECTS AT CON-
GESTED AIRPORTS.—An airport capacity enhancement project
at a congested airport shall be subject to the coordinated and
expedited environmental review process requirements set forth
in this section.
‘‘(2) AVIATION SAFETY AND AVIATION SECURITY PROJECTS.—
‘‘(A) IN GENERAL.—The Administrator of the Federal
Aviation Administration may designate an aviation safety
project or aviation security project for priority environ-
mental review. The Administrator may not delegate this
designation authority. A designated project shall be subject
to the coordinated and expedited environmental review
process requirements set forth in this section.
‘‘(B) PROJECT
DESIGNATION
CRITERIA.—The Adminis-
trator shall establish guidelines for the designation of an
aviation safety project or aviation security project for pri-
ority environmental review. Such guidelines shall provide
for consideration of—
‘‘(i) the importance or urgency of the project;
‘‘(ii) the potential for undertaking the environ-
mental review under existing emergency procedures
under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
‘‘(iii) the need for cooperation and concurrent
reviews by other Federal or State agencies;
‘‘(iv) the prospect for undue delay if the project
is not designated for priority review; and
‘‘(v) for aviation security projects, the views of the
Department of Homeland Security.
H. R. 2115—46
‘‘(c) HIGH PRIORITY OF AND AGENCY PARTICIPATION IN COORDI-
NATED REVIEWS.—
‘‘(1) HIGH PRIORITY FOR ENVIRONMENTAL REVIEWS.—Each
Federal agency with jurisdiction over an environmental review,
analysis, opinion, permit, license, or approval shall accord any
such review, analysis, opinion, permit, license, or approval
involving an airport capacity enhancement project at a con-
gested airport or a project designated under subsection (b)(2)
the highest possible priority and conduct the review, analysis,
opinion, permit, license, or approval expeditiously.
‘‘(2) 
AGENCY
PARTICIPATION.—Each 
Federal 
agency
described in subsection (d) shall formulate and implement
administrative, policy, and procedural mechanisms to enable
the agency to participate in the coordinated environmental
review process under this section and to ensure completion
of environmental reviews, analyses, opinions, permits, licenses,
and approvals described in subsection (a) in a timely and
environmentally responsible manner.
‘‘(d) IDENTIFICATION
OF
JURISDICTIONAL
AGENCIES.—With
respect to each airport capacity enhancement project at a congested
airport or a project designated under subsection (b)(2), 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.
‘‘(e) STATE AUTHORITY.—Under a coordinated review process
being implemented under this section by the Secretary with respect
to a project at an airport within the boundaries of a State, the
Governor of 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 deter-
mine whether to issue an environmental-related permit, license,
or approval for the project, be subject to the process.
‘‘(f) 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 identi-
fied under subsection (d) with respect to the project and, if
applicable, the airport sponsor.
‘‘(g) USE OF INTERAGENCY ENVIRONMENTAL IMPACT STATEMENT
TEAMS.—
‘‘(1) IN GENERAL.—The Secretary may utilize an interagency
environmental impact statement team to expedite and coordi-
nate the coordinated environmental review process for a project
under this section. When utilizing an interagency environ-
mental impact statement team, the Secretary shall invite Fed-
eral, State and Tribal agencies with jurisdiction by law, and
may invite such agencies with special expertise, to participate
on an interagency environmental impact statement team.
‘‘(2) RESPONSIBILITY
OF
INTERAGENCY
ENVIRONMENTAL
IMPACT STATEMENT TEAM.—Under a coordinated environmental
review process being implemented under this section, the inter-
agency environmental impact statement team shall assist the
H. R. 2115—47
Federal Aviation Administration in the preparation of the
environmental impact statement. To facilitate timely and effi-
cient environmental review, the team shall agree on agency
or Tribal points of contact, protocols for communication among
agencies, and deadlines for necessary actions by each individual
agency (including the review of environmental analyses, the
conduct of required consultation and coordination, and the
issuance of environmental opinions, licenses, permits, and
approvals). The members of the team may formalize their agree-
ment in a written memorandum.
‘‘(h) LEAD
AGENCY
RESPONSIBILITY.—The Federal Aviation
Administration shall be the lead agency for projects designated
under subsection (b)(2) and airport capacity enhancement projects
at congested airports and shall be responsible for defining the
scope and content of the environmental impact statement, consistent
with regulations issued by the Council on Environmental Quality.
Any other Federal agency or State agency that is participating
in a coordinated environmental review process under this section
shall give substantial deference, to the extent consistent with
applicable law and policy, to the aviation expertise of the Federal
Aviation Administration.
‘‘(i) 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 (a)(3) for the project,
the Secretary shall notify, within 30 days of the date of such
determination, the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Transportation
and Infrastructure of the House of Representatives, 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 Rep-
resentatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Council on Environ-
mental Quality explaining why the agency or sponsor did not
meet the deadline and what actions it intends to take to com-
plete or issue the required review, analysis, opinion, permit,
license, or approval.
‘‘(j) PURPOSE AND NEED.—For any environmental review, anal-
ysis, opinion, permit, license, or approval that must be issued or
made by a Federal or State agency that is participating in a coordi-
nated review process under this section and that requires an anal-
ysis 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.
‘‘(k) ALTERNATIVES ANALYSIS.—The Secretary shall determine
the reasonable alternatives to an airport capacity enhancement
project at a congested airport or a project designated under sub-
section (b)(2). Any other Federal agency, 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.
H. R. 2115—48
‘‘(l) SOLICITATION
AND
CONSIDERATION
OF
COMMENTS.—In
applying subsections (j) and (k), the Secretary shall solicit and
consider comments from interested persons and governmental enti-
ties in accordance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4371 et seq.).
‘‘(m) MONITORING BY TASK FORCE.—The Transportation Infra-
structure Streamlining Task Force, established by Executive Order
13274 (67 Fed. Reg. 59449; relating to environmental stewardship
and transportation infrastructure project reviews), may monitor
airport projects that are subject to the coordinated review process
under this section.
‘‘§ 47172. Air traffic procedures for airport capacity enhance-
ment projects at congested airports
‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation
Administration may consider prescribing flight procedures to avoid
or minimize potentially significant adverse noise impacts of an
airport capacity enhancement project at a congested airport that
involves the construction of new runways or the reconfiguration
of existing runways during the environmental planning process
for the project. If the Administrator determines that noise mitiga-
tion flight procedures are consistent with safe and efficient use
of the navigable airspace, the Administrator may commit, at the
request of the airport sponsor and in a manner consistent with
applicable Federal law, to prescribing such procedures in any record
of decision approving the project.
‘‘(b) MODIFICATION.—Notwithstanding any commitment by the
Administrator under subsection (a), the Administrator may initiate
changes to such procedures if necessary to maintain safety and
efficiency in light of new information or changed circumstances.
‘‘§ 47173. Airport funding of FAA staff
‘‘(a) ACCEPTANCE
OF
SPONSOR-PROVIDED
FUNDS.—Notwith-
standing any other provision of law, the Administrator of the Fed-
eral 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.—Not-
withstanding 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.