I
107TH CONGRESS
2D SESSION
H. R. 4481
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
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
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
‘‘§ 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 enhance-
ment 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 sub-
section (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 anal-
ysis of the project or determine whether to issue an envi-
ronmental-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 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
whether to issue an environmental-related permit, license,
or approval for the project, be subject to the process.
‘‘(e) MEMORANDUM OF UNDERSTANDING.—The co-
ordinated review process developed under this section may
be incorporated into a memorandum of understanding for
a project between the Secretary and other Federal agen-
cies, 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 es-
tablished under subsection (b) for the project, the
Secretary shall notify, within 30 days of the date of
such determination, the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives, the Committee on Commerce, Science, and
Transportation of the Senate, the Council on Envi-
ronmental Quality, and the agency or sponsor in-
volved 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 Trans-
portation 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 in-
tends to take to complete or issue the required re-
view, 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 for
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 pro-
vision 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 and applicable
transportation-related analytical methods for an airport
capacity enhancement project at a congested airport. Any
other Federal or State agency acting under or applying
Federal law with respect to the project shall consider only
those alternatives to the project and applicable transpor-
tation-related analytical methods that the Secretary has
determined are reasonable.
‘‘(i) SOLICITATION AND CONSIDERATION OF COM-
MENTS.—Before defining the purpose and need for a
project under subsection (g) and determining the reason-
able alternatives and applicable transportation-related an-
alytical methods for the project under subsection (h), the
Secretary shall solicit and consider comments on defining
the purpose and need and on making such determination
from all 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 de-
velop and publish a list of categorical exclusions from the
requirement that an environmental assessment or an envi-
ronmental impact statement be prepared under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) for projects at airports.
‘‘§ 47173. Air carrier operations specifications
‘‘The Secretary of Transportation may only deny or
delay a change in air carrier operations specifications for
reasons of safety.
‘‘§ 47174. 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 if the Secretary determines that
imposition of the restriction—
‘‘(1) would expedite the construction of the run-
way and represents a cost-effective means to miti-
gate the noise impact of the runway;
‘‘(2) is the most appropriate and a cost-effective
measure to mitigate the environmental impact of the
runway; 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.
‘‘§ 47175. 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 the preferred alternative for the project in
the final environmental impact statement for the
project;
‘‘(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.
‘‘§ 47176. 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 pro-
vided to the sponsor under section 47114(c), to hire addi-
tional staff or obtain the services of consultants in order
to facilitate the timely processing, review, and completion
of environmental activities associated with an airport de-
velopment 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 activi-
ties described in subsection (a).
‘‘(c) RECEIPTS CREDITED AS OFFSETTING COLLEC-
TIONS.—Notwithstanding section 3302 of title 31, any
funds accepted under this section, except funds trans-
ferred 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 pursu-
ant to subsection (b), in any fiscal year in which the Fed-
eral Aviation Administration does not allocate at least the
amount it expended in fiscal year 2002, excluding
amounts accepted pursuant to section 337 of the Depart-
ment of Transportation and Related Agencies Appropria-
tions Act, 2002 (115 Stat. 862), for the activities de-
scribed in subsection (a).
‘‘§ 47177. 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 proc-
essing, review, and completion of environmental activities
associated with airport capacity enhancement projects at
congested airports.
§ 47178. Judicial review
‘‘(a) FILING AND VENUE.—A person disclosing a
substantial interest in a final action of the Secretary of
Transportation or any Federal or State agency under this
subchapter or a person or agency relying on any deter-
mination made under this subchapter may apply for re-
view of the action by filing a petition for review in the
United States Court of Appeals for the District of Colum-
bia Circuit or in the court of appeals of the United States
for the circuit in which the person resides or has its prin-
cipal place of business. The petition must be filed not later
than 60 days after the action is taken. 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. The Secretary shall file with the court a record
of any proceeding in which the action was taken.
‘‘(c) AUTHORITY OF COURT.—When the petition is
sent to the Secretary, the court has exclusive jurisdiction
to affirm, amend, modify, or set aside any part of the ac-
tion and may order the Secretary to conduct further pro-
ceedings. After reasonable notice to the Secretary, the
court may grant interim relief by staying the action or
taking other appropriate action when good cause for its
action exists. Findings of fact by the Secretary are conclu-
sive if supported by substantial evidence.
‘‘(d) REQUIREMENT FOR PRIOR OBJECTION.—In re-
viewing an action of the Secretary or a Federal or State
agency under this section, the court may consider an ob-
jection to the action of the Secretary or agency only if
the objection was made in the proceeding conducted by
the Secretary or 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 Su-
preme Court under section 1254 of title 28.
‘‘§ 47179. Definitions
‘‘In this subchapter, the following definitions apply: