IIB
107TH CONGRESS
2D SESSION
H. R. 4481
IN THE SENATE OF THE UNITED STATES
JULY 11 (legislative day, JULY 10), 2002
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
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,
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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.
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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-
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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.
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‘‘(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 the heads of other
Federal and 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,
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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 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 anal-
ysis of purpose and need for the project, the agency, not-
withstanding any other provision of law, shall be bound
by the project purpose and need as defined by the Sec-
retary.
‘‘(h) ALTERNATIVES ANALYSIS.—The Secretary shall
determine the reasonable alternatives to an airport capac-
ity enhancement project at a congested airport. Any other
Federal or State agency that is participating in a coordi-
nated 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 Sec-
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retary 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 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. 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 only if the Secretary determines
that imposition of the restriction—
‘‘(1) is necessary to mitigate those impacts and
expedite construction of the runway;
‘‘(2) is the most appropriate and a cost-effective
measure to mitigate those impacts, taking into con-
sideration any environmental tradeoffs associated
with the restriction; and
‘‘(3) would not adversely affect service to small
communities, adversely affect safety or efficiency of
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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 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, 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.
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‘‘(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
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).
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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.
‘‘§ 47177. Judicial review
‘‘(a) FILING AND VENUE.—A person disclosing a
substantial 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 Cir-
cuit 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 in-
volved. The Secretary or the head of such other agency
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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 af-
firm, amend, modify, or set aside any part of the order
and may order the Secretary or the head of such other
agency to conduct further proceedings. After reasonable
notice to the Secretary or the head of such other agency,
the court may grant interim relief by staying the order
or taking other appropriate 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 or 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.
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‘‘(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 ‘con-
gested 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 Air-
port Capacity Benchmark Report 2001.
‘‘(3) 
AIRPORT
CAPACITY
ENHANCEMENT
PROJECT.—The term ‘airport capacity enhancement
project’ means—
‘‘(A) a project for construction or exten-
sion of a runway, including any land acquisi-
tion, taxiway, or safety area associated with the
runway or runway extension; and
‘‘(B) such other airport development
projects as the Secretary may designate as fa-
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cilitating a reduction in air traffic congestion
and delays.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 471 of such title is amended by adding at the end
the following:
‘‘SUBCHAPTER III—AIRPORT PROJECT STREAMLINING
‘‘47171. DOT as lead agency.
‘‘47172. Categorical exclusions.
‘‘47173. Access restrictions to ease construction.
‘‘47174. Airport revenue to pay for mitigation.
‘‘47175. Airport funding of FAA staff.
‘‘47176. Authorization of appropriations.
‘‘47177. Judicial review.
‘‘47178. Definitions.’’.
SEC. 5. GOVERNOR’S CERTIFICATE.
Section 47106(c) of title 49, United States Code, is
amended—
(1) in paragraph (1)—
(A) by inserting ‘‘and’’ after the semicolon
at the end of subparagraph (A)(ii);
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as
subparagraph (B);
(2) in paragraph (2)(A) by striking ‘‘stage 2’’
and inserting ‘‘stage 3’’;
(3) by striking paragraph (4); and
(4) by redesignating paragraph (5) as para-
graph (4).
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SEC. 6. CONSTRUCTION OF CERTAIN AIRPORT CAPACITY
PROJECTS.
Section 47504(c)(2) of title 49, United States Code,
is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (C);
(2) by striking the period at the end of sub-
paragraph (D) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(E) to an airport operator of a congested
airport (as defined in section 47178) and a unit
of local government referred to in paragraph
(1)(A) or (1)(B) of this subsection to carry out
a project to mitigate noise in the area sur-
rounding the airport if the project is included
as a commitment in a record of decision of the
Federal Aviation Administration for an airport
capacity enhancement project (as defined in
section 47178) even if that airport has not met
the requirements of part 150 of title 14, Code
of Federal Regulations.’’.
SEC. 7. LIMITATIONS.
Nothing in this Act, including any amendment made
by this Act, shall preempt or interfere with—
(1) any practice of seeking public comment; and
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(2) any power, jurisdiction, or authority of a
State agency or an airport sponsor has with respect
to carrying out an airport capacity enhancement
project.
Passed the House of Representatives July 9, 2002.
Attest:
JEFF TRANDAHL,
Clerk.
By MARTHA C. MORRISON,
Deputy Clerk.