IB
Union Calendar No. 321
107TH CONGRESS
2D SESSION
H. R. 4481
[Report No. 107–531]
To amend title 49, United States Code, relating to airport project
streamlining, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 18, 2002
Mr. YOUNG of Alaska (for himself, Mr. MICA, and Mr. DUNCAN) introduced
the following bill; which was referred to the Committee on Transportation
and Infrastructure
JUNE 25, 2002
Additional sponsors: Mr. OBERSTAR, Mr. LIPINSKI, Mr. BAKER, Mrs.
TAUSCHER, Mr. STUMP, Mr. FROST, Mr. ISAKSON, Mr. PASTOR, Mr.
MEEKS of New York, Mr. LAMPSON, Mr. SANDLIN, Mr. HALL of Texas,
Mr. DEFAZIO, Mr. GIBBONS, Mrs. JO ANN DAVIS of Virginia, and Mr.
BENTSEN
JUNE 25, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 18, 2002]
A BILL
To amend title 49, United States Code, relating to airport
project streamlining, and for other purposes.
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 ‘‘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 pro-
vides 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 dead-
lines, and work to protect the environment while sus-
taining 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 con-
struction of airport capacity enhancement projects at con-
gested 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
‘‘§ 47171. DOT as lead agency
‘‘(a) AIRPORT PROJECT REVIEW PROCESS.—The Sec-
retary of Transportation shall develop and implement a co-
ordinated review process for airport capacity enhancement
projects at congested airports.
‘‘(b) COORDINATED REVIEWS.—The coordinated re-
view process under this section shall provide that all envi-
ronmental reviews, analyses, opinions, permits, licenses,
and approvals that must be issued or made by a Federal
agency or airport sponsor for an airport capacity enhance-
ment project at a congested airport will be conducted con-
currently, to the maximum extent practicable, and com-
pleted 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
AGEN-
CIES.—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 environ-
mental-related permit, license, or approval for the project.
‘‘(d) STATE AUTHORITY.—If a coordinated review
process is being implemented under this section by the Sec-
retary 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 environ-
mental-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 wheth-
er to issue an environmental-related permit, license, or ap-
proval for the project, be subject to the process.
‘‘(e) MEMORANDUM OF UNDERSTANDING.—The coordi-
nated 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 re-
spect 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 re-
spect 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 deter-
mination, the Committee on Transportation and In-
frastructure of the House of Representatives, the Com-
mittee 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 Transpor-
tation 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 complete or issue the required review, anal-
ysis, 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, notwith-
standing 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 Fed-
eral 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 COM-
MENTS.—In applying subsections (g) and (h), the Secretary
shall solicit and consider comments from interested persons
and governmental entities.
‘‘§ 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 require-
ment that an environmental assessment or an environ-
mental impact statement be prepared under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
for projects at airports.
‘‘§ 47173. Access restrictions to ease construction
‘‘At the request of an airport sponsor for a congested
airport, the Secretary of Transportation may approve a re-
striction 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 im-
position 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.
‘‘§ 47174. Airport revenue to pay for mitigation
‘‘(a) IN GENERAL.—Notwithstanding section 47107(b),
section 47133, or any other provision of this title, the Sec-
retary of Transportation may allow an airport sponsor car-
rying out an airport capacity enhancement project at a
congested airport to make payments, out of revenues gen-
erated 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 alter-
native 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 sig-
nificant incentive for, or remove an impediment to,
approval of the project by a State or local govern-
ment; and
‘‘(3) the cost of the mitigation measures is rea-
sonable in relation to the mitigation that will be
achieved.
‘‘(b) MITIGATION OF AIRCRAFT NOISE.—Mitigation
measures described in subsection (a) may include the insu-
lation 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.
‘‘§ 47175. Airport funding of FAA staff
‘‘(a) ACCEPTANCE OF SPONSOR-PROVIDED FUNDS.—
Notwithstanding any other provision of law, the Adminis-
trator 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 facili-
tate the timely processing, review, and completion of envi-
ronmental activities associated with an airport development
project.
‘‘(b) ADMINISTRATIVE PROVISION.—Instead of pay-
ment 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 de-
scribed in subsection (a).
‘‘(c) RECEIPTS CREDITED AS OFFSETTING COLLEC-
TIONS.—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 ac-
cepted 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 sub-
section (a).
‘‘§ 47176. Authorization of appropriations
‘‘In addition to the amounts authorized to be appro-
priated under section 106(k), there is authorized to be ap-
propriated 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 associ-
ated with airport capacity enhancement projects at con-
gested airports.
‘‘§ 47177. Judicial review
‘‘(a) FILING AND VENUE.—A person disclosing a sub-
stantial 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 deter-
mination 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 con-
duct further proceedings. After reasonable notice to the Sec-
retary or the head of such other agency, the court may grant
interim relief by staying the order or taking other appro-
priate 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 re-
viewing 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 mak-
ing 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 sig-
nificant impact.
‘‘§ 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 Capac-
ity 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 run-
way or runway extension; and