H. R. 2115—49
‘‘(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).
‘‘§ 47174. 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), $4,200,000 for fiscal year 2004
and 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.
‘‘§ 47175. 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 asso-
ciated 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.
‘‘(4) AVIATION SAFETY PROJECT.—The term ‘aviation safety
project’ means an aviation project that—
‘‘(A) has as its primary purpose reducing the risk of
injury to persons or damage to aircraft and property, as
determined by the Administrator; and
‘‘(B)(i) is needed to respond to a recommendation from
the National Transportation Safety Board, as determined
by the Administrator; or
‘‘(ii) is necessary for an airport to comply with part
139 of title 14, Code of Federal Regulations (relating to
airport certification).
‘‘(5) AVIATION SECURITY PROJECT.—The term ‘aviation secu-
rity project’ means a security project at an airport required
by the Department of Homeland Security.
‘‘(6) FEDERAL AGENCY.—The term ‘Federal agency’ means
a department or agency of the United States Government.’’.
(b) CONFORMING AMENDMENT.—The analysis for such chapter
is amended by adding at the end the following:
H. R. 2115—50
‘‘SUBCHAPTER III—AVIATION DEVELOPMENT STREAMLINING
‘‘47171. Expedited, coordinated environmental review process.
‘‘47172. Air traffic procedures for airport capacity enhancement projects at congested
airports.
‘‘47173. Airport funding of FAA staff.
‘‘47174. Authorization of appropriations.
‘‘47175. Definitions.’’.
SEC. 305. ELIMINATION OF DUPLICATIVE REQUIREMENTS.
Section 47106(c) is amended—
(1) by inserting ‘‘and’’ after the semicolon at the end of
paragraph (1)(A)(iii) (as added by this Act);
(2) by striking subparagraph (B) of paragraph (1);
(3) by redesignating subparagraph (C) of paragraph (1)
as subparagraph (B);
(4) in paragraph (2)(A) by striking ‘‘stage 2’’ and inserting
‘‘stage 3’’;
(5) by striking paragraph (4);
(6) by redesignating paragraph (5) as paragraph (4); and
(7) in paragraph (4) (as so redesignated) by striking ‘‘(1)(C)’’
and inserting ‘‘(1)(B)’’.
SEC. 306. CONSTRUCTION OF CERTAIN AIRPORT CAPACITY PROJECTS.
Section 47504(c)(2) is amended—
(1) by moving subparagraphs (C) and (D) 2 ems to the
right;
(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 47175) and a unit of local government
referred to in paragraph (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 Administra-
tion for an airport capacity enhancement project (as defined
in section 47175) even if that airport has not met the
requirements of part 150 of title 14, Code of Federal Regu-
lations.’’.
SEC. 307. ISSUANCE OF ORDERS.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Transportation shall publish the final Federal
Aviation Administration Order 1050.1E, Environmental Impacts:
Policies and Procedures. Not later than 180 days after the date
of publication of such final order, the Secretary shall publish for
public comment the revised Federal Aviation Administration Order
5050.4B, Airport Environmental Handbook.
SEC. 308. LIMITATIONS.
Nothing in this subtitle, including any amendment made by
this title, shall preempt or interfere with—
(1) any practice of seeking public comment;
(2) any power, jurisdiction, or authority that a State agency
or an airport sponsor has with respect to carrying out an
airport capacity enhancement project; and
(3) any obligation to comply with the provisions of the
National Environmental Policy Act of 1969 (42 U.S.C. 4371
H. R. 2115—51
et seq.) and the regulations issued by the Council on Environ-
mental Quality to carry out such Act.
SEC. 309. RELATIONSHIP TO OTHER REQUIREMENTS.
The coordinated review process required under the amendments
made by this subtitle shall apply to an airport capacity enhancement
project at a congested airport whether or not the project is des-
ignated by the Secretary of Transportation as a high-priority
transportation infrastructure project under Executive Order 13274
(67 Fed. Reg. 59449; relating to environmental stewardship and
transportation infrastructure project reviews).
Subtitle B—Miscellaneous
SEC. 321. REPORT ON LONG-TERM ENVIRONMENTAL IMPROVEMENTS.
(a) IN GENERAL.—The Secretary of Transportation, in consulta-
tion with the Administrator of the National Aeronautics and Space
Administration, shall conduct a study of ways to reduce aircraft
noise and emissions and to increase aircraft fuel efficiency. The
study shall—
(1) explore new operational procedures for aircraft to
achieve those goals;
(2) identify both near-term and long-term options to achieve
those goals;
(3) identify infrastructure changes that would contribute
to attainment of those goals;
(4) identify emerging technologies that might contribute
to attainment of those goals;
(5) develop a research plan for application of such emerging
technologies, including new combustor and engine design con-
cepts and methodologies for designing high bypass ratio tur-
bofan engines so as to minimize the effects on climate change
per unit of production of thrust and flight speed; and
(6) develop an implementation plan for exploiting such
emerging technologies to attain those goals.
(b) REPORT.—The Secretary shall transmit a report on the
study to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure within 1 year after the date
of enactment of this Act.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary $500,000 for fiscal year 2004
to carry out this section.
SEC. 322. NOISE DISCLOSURE.
(a) NOISE DISCLOSURE SYSTEM IMPLEMENTATION STUDY.—The
Administrator of the Federal Aviation Administration shall conduct
a study to determine the feasibility of developing a program under
which prospective home buyers of property located in the vicinity
of an airport could be notified of information derived from noise
exposure maps that may affect the use and enjoyment of the prop-
erty. The study shall assess the scope, administration, usefulness,
and burdensomeness of any such program, the costs and benefits
of such a program, and whether participation in such a program
should be voluntary or mandatory.
(b) PUBLIC AVAILABILITY
OF NOISE EXPOSURE MAPS.—The
Administrator shall make noise exposure and land use information
H. R. 2115—52
from noise exposure maps available to the public via the Internet
on its website in an appropriate format.
(c) NOISE EXPOSURE MAP.—In this section, the term ‘‘noise
exposure map’’ means a noise exposure map prepared under section
47503 of title 49, United States Code.
SEC. 323. OVERFLIGHTS OF NATIONAL PARKS.
(a) IN GENERAL.—Section 40128 is amended—
(1) in subsection (a)(1) by inserting ‘‘, as defined by this
section,’’ after ‘‘lands’’ the first place it appears;
(2) in subsections (b)(3)(A) and (b)(3)(B) by inserting ‘‘over
a national park’’ after ‘‘operations’’;
(3) in subsection (b)(3)(C) by inserting ‘‘over a national
park that are also’’ after ‘‘operations’’;
(4) in subsection (b)(3)(D) by striking ‘‘at the park’’ and
inserting ‘‘over a national park’’;
(5) in subsection (b)(3)(E) by inserting ‘‘over a national
park’’ after ‘‘operations’’ the first place it appears;
(6) in subsections (c)(2)(A)(i) and (c)(2)(B) by inserting ‘‘over
a national park’’ after ‘‘operations’’;
(7) in subsection (f)(1) by inserting ‘‘over a national park’’
after ‘‘operation’’;
(8) in subsection (f)(4)(A)—
(A) by striking ‘‘commercial air tour operation’’ and
inserting ‘‘commercial air tour operation over a national
park’’; and
(B) by striking ‘‘park, or over tribal lands,’’ and
inserting ‘‘park (except the Grand Canyon National Park),
or over tribal lands (except those within or abutting the
Grand Canyon National Park),’’;
(9) in subsection (f)(4)(B) by inserting ‘‘over a national
park’’ after ‘‘operation’’; and
(10) in the heading for paragraph (4) of subsection (f)
by inserting ‘‘OVER A NATIONAL PARK’’ after ‘‘OPERATION’’.
(b) QUIET TECHNOLOGY RULEMAKING
FOR AIR TOURS OVER
GRAND CANYON NATIONAL PARK.—
(1) DEADLINE
FOR
RULE.—No later than January 2005,
the Secretary of Transportation shall issue a final rule to estab-
lish standards for quiet technology that are reasonably achiev-
able at Grand Canyon National Park, based on the Supple-
mental Notice of Proposed Rulemaking on Noise Limitations
for Aircraft Operations in the Vicinity of Grand Canyon
National Park, published in the Federal Register on March
24, 2003.
(2) RESOLUTION
OF
DISPUTES.—Subject to applicable
administrative law and procedures, if the Secretary determines
that a dispute among interested parties (including outside
groups) or government agencies cannot be resolved within a
reasonable time frame and could delay finalizing the rule-
making described in subsection (a), or implementation of final
standards under such rule, due to controversy over adoption
of quiet technology routes, establishment of incentives to
encourage adoption of such routes, establishment of incentives
to encourage adoption of quite technology, or other measures
to achieve substantial restoration of natural quiet, the Secretary
shall refer such dispute to a recognized center for environmental
conflict resolution.