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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Coastal Zone Protection Act of
1996''.

SEC. 2. FINANCIAL ASSISTANCE FOR DEVELOPMENT OF STATE COASTAL PROGRAMS.

(a) Reauthorization of Program.--Section 305(a) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1454(a)) is amended--
(1) by striking ''1991, 1992, and 1993'' and inserting ''1997,
1998, and 1999''; and
(2) by striking ''two'' and inserting ''four''.
(b) Termination of Program.--
(1) In general.--Section 305 of the Coastal Zone Management Act
of 1972 (16 U.S.C. 1454) is amended--
(A) by striking subsection (a);
(B) by striking ''(b)''; and
(C) by amending the heading to read as follows:

''submittal of state program for approval''.

(2) Conforming amendments.--Section 308(b)(2)(B) of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1457(b)(2)(B)) is amended--
(A) in clause (iv) by adding ''and'' after the semicolon;
(B) by striking clause (v); and
(C) by redesignating clause (vi) as clause (v).
(3) Effective date.--This subsection shall take effect on
October 1, 1999.

SEC. 3. IMPLEMENTATION ASSISTANCE FOR COASTAL ZONE ENHANCEMENT.

Section 309(b) of the Coastal Zone Management Act of 1972 (16
U.S.C. 1456b(b)) is amended--
(1) by inserting ''(1)'' before ''Subject to''; and
(2) by adding at the end the following new paragraph:
''(2)(A) In addition to any amounts provided under section 306, and
subject to the availability of appropriations, the Secretary may make
grants under this subsection to States for implementing program changes
approved by the Secretary in accordance with section 306(e).
''(B) Grants under this paragraph to implement a program change may
not be made in any fiscal year after the second fiscal year that begins
after the approval of that change by the Secretary.''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS.

Section 318 of the Coastal Zone Management Act of 1972 (16 U.S.C.
1464) is amended--
(1) by striking ''Sec. 318.'' and all that follows through
subsection (a) and inserting the following:
''Sec. 318. (a) There are authorized to be appropriated to the
Secretary, to remain available until expended--
''(1) for grants under sections 306, 306A, and 309--
''(A) $47,600,000 for fiscal year 1997;
''(B) $49,000,000 for fiscal year 1998; and
''(C) $50,500,000 for fiscal year 1999; and
''(2) for grants under section 315--
''(A) $4,400,000 for fiscal year 1997;
''(B) $4,500,000 for fiscal year 1998; and
''(C) $4,600,000 for fiscal year 1999.'';
(2) by striking subsection (b); and
(3) by redesignating subsections (c) and (d) in order as
subsections (b) and (c).

SEC. 5. COASTAL ZONE MANAGEMENT FUND.

(a) Authorization for Administrative Expenses.--Section
308(b)(2)(A) of the Coastal Zone Management Act of 1972 (16 U.S.C.
1456a(b)(2)(A)) is amended to read as follows:
''(A) Expenses incident to the administration of this title, in
an amount not to exceed for each of fiscal years 1997, 1998, and
1999 the higher of--
''(i) $4,000,000; or
''(ii) 8 percent of the total amount appropriated under
this title for the fiscal year.''.
(b) Authorization for Program Development Grants.--Section
308(b)(2)(B)(v) of the Coastal Zone Management Act of 1972 (16 U.S.C.
1456a(b)(2)(B)(v)) is amended to read as follows:
''(v) program development grants as authorized by section
305, in an amount not to exceed $200,000 for each of fiscal
years 1997, 1998, and 1999; and''.

SEC. 6. MATCHING REQUIREMENT.

Section 315(e)(3) of the Coastal Zone Management Act of 1972 (16
U.S.C. 1461(e)(3)) is amended by adding at the end the following new
subparagraph:
''(C) Notwithstanding subparagraphs (A) and (B), financial
assistance under this subsection provided from amounts recovered as a
result of damage to natural resources located in the coastal zone may
be used to pay 100 percent of the costs of activities carried out with
the assistance.''.

SEC. 7. AQUACULTURE IN THE COASTAL ZONE.

The Coastal Zone Management Act of 1972 is amended--
(1) in section 306A(b) (16 U.S.C. 1455a(b)) by adding at the
end of the following:
''(4) The development of a coordinated process among State
agencies to regulate and issue permits for aquaculture facilities
in the coastal zone.''; and
(2) in section 309(a) (16 U.S.C. 1456b(a)) by adding at the end
the following:
''(9) Adoption of procedures and policies to evaluate and
facilitate the siting of public and private aquaculture facilities
in the coastal zone, which will enable States to formulate,
administer, and implement strategic plans for marine
aquaculture.''.

SEC. 8. APPEALS TO THE SECRETARY.

The Coastal Zone Management Act of 1972 is amended by adding at the
end the following new section:

''appeals to the secretary

''Sec. 319. (a) Notice.--The Secretary shall publish in the Federal
Register a notice indicating when the decision record has been closed
on any appeal to the Secretary taken from a consistency determination
under section 307(c) or (d). No later than 90 days after the date of
publication of this notice, the Secretary shall--
''(1) issue a final decision in the appeal; or
''(2) publish a notice in the Federal Register detailing why a
decision cannot be issued within the 90-day period.
''(b) Deadline.--In the case where the Secretary publishes a notice
under subsection (a)(2), the Secretary shall issue a decision in any
appeal filed under section 307 no later than 45 days after the date of
the publication of the notice.
''(c) Application.--This section applies to appeals initiated by
the Secretary and appeals filed by an applicant.''.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.
Coastal Zone Protection Act of 1996 - Amends the Coastal Zone Management Act of 1972 to authorize annual grants to States to develop coastal zone management programs. Limits each State to four (currently, two) grants. Terminates the grant program after FY 1999. Authorizes grants to States to implement program changes. Authorizes appropriations for: (1) administering State management programs; (2) resource management improvement grants; (3) coastal zone enhancement grants; (4) grants under the National Estuarine Research Reserve System; (5) expenses incidental to the administration of the Act; and (6) such program development grants. Allows grants (relating to national estuarine reserves or educational or interpretive activities) provided from amounts recovered as a result of damage to coastal zone natural resources to be used to pay 100 percent of the costs of the activities carried out with the grants. Allows resource management improvement grants to be used for the development of a coordinated process among State agencies to regulate and issue permits for coastal zone aquaculture facilities. Allows coastal zone enhancement grants to be used to evaluate and facilitate the siting of public and private coastal zone aquaculture facilities. Establishes consistency determination appeal procedures.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Intermodal Safe Container
Transportation Act Amendments of 1996''.

SEC. 2. REFERENCES TO TITLE 49.

Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 49, United States
Code.

SEC. 3. DEFINITIONS.

Section 5901 is amended--
(1) by striking paragraph (1) and inserting the following:
''(1) except as otherwise provided in this chapter, the
definitions in sections 10102 and 13102 of this title apply.'';
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(3) by inserting after paragraph (5) the following new
paragraph:
''(6) 'gross cargo weight' means the weight of the cargo,
packaging materials (including ice), pallets, and dunnage.''.

SEC. 4. NOTIFICATIONS AND CERTIFICATIONS.

Section 5902 is amended to read as follows:
''Sec. 5902. Notifications and certifications
''(a) Prior Notification.--
''(1) In general.--If the first carrier to which any loaded
container or trailer having a projected gross cargo weight of
more than 29,000 pounds is tendered for intermodal
transportation is a motor carrier, the person tendering the
container or trailer shall give the motor carrier a
notification of the projected gross cargo weight and a
reasonable description of the contents of the container or
trailer before the tendering of the container or trailer. The
notification may be transmitted electronically or by telephone.
''(2) Applicability.--This subsection applies to any person
within the United States who tenders a container or trailer
subject to this chapter for intermodal transportation if the
first carrier is a motor carrier.
''(b) Certification.--
''(1) In general.--A person who tenders a loaded container
or trailer with an actual gross cargo weight of more than
29,000 pounds, to a first carrier for intermodal transportation
shall provide a certification of the contents of the container
or trailer in writing, or electronically, before or when the
container or trailer is so tendered.
''(2) Contents of certification.--The certification
required by paragraph (1) shall include the following:
''(A) The actual gross cargo weight.
''(B) A reasonable description of the contents of
the container or trailer.
''(C) The identity of the certifying party.
''(D) The container or trailer number.
''(E) The date of certification or transfer of data
to another document, as provided for in paragraph (3).
''(3) Transfer of certification data.--A carrier who
receives a certification may transfer the information contained
in the certification to another document or to electronic
format for forwarding to a subsequent carrier. The person
transferring the information shall state on the forwarded
document the date on which the data was transferred and the
identity of the party who performed the transfer.
''(4) Shipping documents.--For purposes of this chapter, a
shipping document, prepared by the person tendering a container
or trailer to a first carrier, that contains the information
required by paragraph (2) meets the requirements of paragraph
(1).
''(5) Use of 'freight all kinds' term.--The term 'Freight
All Kinds' or 'FAK' may not be used for the purpose of
certification under this subsection after December 31, 2000, as
a description required under paragraph (2)(B) for a trailer or
container if the weight of any commodity in the trailer or
container equals or exceeds 20 percent of the total weight of
the contents of the trailer or container. This subsection does not
prohibit the use of such term after December 31, 2000, for rating
purposes.
''(6) Separate document marking.--If a separate document is
used to meet the requirements of paragraph (1), it shall be
conspicuously marked 'INTERMODAL CERTIFICATION'.
''(7) Applicability.--This subsection applies to any
person, domestic or foreign, who first tenders a container or
trailer subject to this chapter for intermodal transportation
within the United States.
''(c) Forwarding Certifications to Subsequent Carriers.--
''(1) General rule.--A carrier, agent of a carrier, broker,
customs broker, freight forwarder, warehouser, or terminal
operator shall forward the certification provided under
subsection (b) to a subsequent carrier transporting the
container or trailer in intermodal transportation before or
when the container or trailer is tendered to the subsequent
carrier.
''(2) Presumption of no certification required.--If no
certification is received by the subsequent carrier before or
when the container or trailer is being tendered to it, the
subsequent carrier may presume that no certification is
required.
''(3) Limitation on construction of forwarding.--The act of
forwarding the certification may not be construed as a
verification or affirmation of the accuracy or completeness of
the information in the certification.
''(4) Liability.--
''(A) In general.--If a person inaccurately
transfers the information on the certification or fails
to forward the certification to a subsequent carrier,
then that person is liable to any person who incurs any
bond, fine, penalty, cost (including storage), or
interest charge incurred as a result of the inaccurate
transfer of information or failure to forward the
certification.
''(B) Lien.--A subsequent carrier incurring a bond,
fine, penalty, or cost (including storage), or interest
charge as a result of the inaccurate transfer of the
information or the failure to forward the certification
shall have a lien against the contents of the container
or trailer under section 5905 in the amount of the
bond, fine, penalty, or cost (including storage), or
interest charge and all court costs and legal fees
incurred by the carrier as a result of such inaccurate
transfer or failure.
''(5) Notice to leased operators.--If a motor carrier knows
that the gross cargo weight of an intermodal container or
trailer subject to the certification requirements of subsection
(b) would result in a violation of applicable State gross
vehicle weight laws--
''(A) a motor carrier must inform the operator of a
vehicle which is leased by the vehicle operator to a
motor carrier which transports an intermodal container
or trailer of the gross cargo weight of the container
or trailer as certified to the motor carrier pursuant
to subsection (b);
''(B) the notice must be provided to the operator
prior to the operator being tendered the container or
trailer;
''(C) the notice required by this subsection must
be in writing, but may be transmitted electronically;
''(D) the motor carrier shall bear the burden of
proof to establish that it tendered the required notice
to the operator; and
''(E) if the operator of a leased vehicle
transporting a container or trailer subject to this
chapter should receive a fine because of a violation of
a State's gross vehicle weight laws or regulations and
lessee motor carrier cannot establish that it tendered
to the operator the notice required by this section,
the operator shall be entitled to reimbursement from
the motor carrier of the amount of any fine and court
costs resulting from the failure of the motor carrier
to tender the notice to the operator.
''(d) Liability to Owner or Beneficial Owner.--If--
''(1) a person inaccurately transfers information on a
certification required by subsection (b)(1) or fails to forward
a certification to the subsequent carrier;
''(2) as a result of the inaccurate transfer of such
information or a failure to forward a certification, the
subsequent carrier incurs a bond, fine, penalty, or cost
(including storage), or interest charge; and
''(3) a subsequent carrier exercises its rights to a lien
under section 5905,
then that person is liable to the owner or beneficial owner or to any
other person paying the amount of the lien to the subsequent carrier
for the amount of the lien and all costs related to the imposition of
the lien, including court costs and legal fees incurred in connection
with imposition of the lien.
''(e) Nonapplicability.--
''(1) Consolidated shipments.--The notification and
certification requirements of subsections (a) and (b) do not
apply to any intermodal container or trailer containing
consolidated shipments loaded by a motor carrier if that motor
carrier--
''(A) performs the highway portion of the
intermodal movement; or
''(B) assumes the responsibility for any weight-
related fine or penalty incurred by any other motor
carrier that performs a part of the highway
transportation.
''(2) Intermodal transportation of loaded containers.--
''(A) In general.--Subsections (a) and (b) and
section 5903(c) do not apply to a carrier when the
carrier is transferring a loaded container or trailer
to another carrier during intermodal transportation,
unless the carrier is also the person tendering the
loaded container or trailer to the first carrier.
''(B) Special rule.--A carrier, agent of a carrier,
broker, customs broker, freight forwarder, warehouser,
or terminal operator is deemed not to be a person
tendering a loaded container or trailer to a first
carrier under this section, unless the carrier, agent,
broker, customs broker, freight forwarder, warehouser,
or terminal operator assumes legal responsibility for
loading property into the container or trailer.''.

SEC. 5. PROHIBITIONS.

(a) Providing Erroneous Information.--Section 5903(a) is amended by
inserting '', to whom section 5902(b) applies,'' after ''A person''.
(b) Transporting Prior To Receiving Certification.--Section 5903(b)
is amended to read as follows:
''(b) Transporting Prior To Receiving Certification.--
''(1) Presumption.--If no certification is received by a
motor carrier before or when a loaded intermodal container or
trailer is tendered to it, the motor carrier may presume that
the gross cargo weight of the container or trailer is less than
29,001 pounds.
''(2) Copy of certification not required to accompany
container or trailer.--Notwithstanding any other provision of
this chapter, if a certification is required by section
5902(b), a copy of the certification is not required to
accompany the intermodal container or trailer.''.
(c) Unlawful Coercion.--Section 5903(c)(1) is amended by striking
''10,000 pounds (including packing materials and pallets)'' and
inserting ''29,000 pounds''.

SEC. 6. LIENS.

(a) General Rule.--Section 5905(a) is amended to read as follows:
''(a) General Rule.--If a person involved in the intermodal
transportation of a loaded container or trailer for which a
certification is required by section 5902(b) of this title is required,
because of a violation of a State's gross vehicle weight laws or
regulations, to post a bond or pay a fine, penalty, cost (including
storage), or interest charge resulting from--
''(1) erroneous information provided by the certifying
party in the certification to the first carrier in violation of
section 5903(a),
''(2) the failure of the party required to provide the
certification to the first carrier to provide it,
''(3) the failure of a person required under section
5902(c) to forward the certification to forward it, or
''(4) an error occurring in the transfer of information on
the certification to another document under section 5902(b)(3)
or 5902(c),
then the person posting the bond, or paying any fine, penalty, cost
(including storage), or interest charge has a lien against the contents
equal to the amount of the bond, fine, penalty, cost (including
storage), or interest charge incurred, until the person receives a
payment of that amount from the owner or beneficial owner of the
contents or from the person responsible for making or forwarding the
certification or transferring the information from the certification to
another document.''.
(b) Limitations.--Section 5905(b)(1) is amended--
(1) by inserting after ''the first carrier'' the following:
''or the owner or beneficial owner of the contents''; and
(2) by striking ''cost, or interest.'' and inserting ''cost
(including storage), or interest charge. The lien shall remain
in effect until the lien holder has received payment for all
costs and expenses as described in subsection (a).''.

SEC. 7. PERISHABLE AGRICULTURAL COMMODITIES.

Section 5906 is amended by striking ''Sections 5904(a)(2) and 5905
of this title do'' and insert ''Section 5905 does''.

SEC. 8. EFFECTIVE DATE.

Section 5907 is amended to read as follows:
''Sec. 5907. Effective date
''This chapter, as amended by the Intermodal Safe Container
Transportation Act Amendments of 1996, is effective on the date of the
enactment of such Act. The provisions of this chapter shall be
implemented 180 days after such date of enactment.''.

SEC. 9. RELATIONSHIP TO OTHER LAWS.

(a) In General.--Chapter 59 is amended by adding at the end the
following new section:
''Sec. 5908. Relationship to other laws
''Nothing in this chapter affects--
''(1) chapter 51 (relating to transportation of hazardous
material) or the regulations issued under that chapter; or
''(2) any State highway weight or size law or regulation
applicable to tractor-trailer combinations.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by striking the item relating to section 5907 and inserting the
following:

''5907. Effective date.
''5908. Relationship to other laws.''.

Passed the House of Representatives September 18, 1996.

Attest:

ROBIN H. CARLE,

Clerk.
Intermodal Safe Container Transportation Act Amendments of 1996 - Amends Federal transportation law to revise the prior notification requirements for intermodal freight transportation.
Requires a person who tenders to a first carrier that is a motor carrier (currently, any carrier) a container or trailer with a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing material and pallets) for intermodal transportation to give prior notification of the cargo weight and a reasonable description of its contents to the motor carrier.
Allows such notification to be made by telephone, and allows the required certification of the container or trailer contents to be electronic. Sets forth administrative and civil penalties for persons who inaccurately transfer certification information. Makes such a person liable to the owner or beneficial owner for any lien filed by a subsequent carrier that incurred a bond, fine, or other penalty as a result of an inaccurate information transfer or a failure to forward a certification.
Requires a motor carrier that knows that the gross cargo weight of an intermodal container or trailer violates State vehicle weight laws to give notice to the operator of a leased vehicle that transports such items. Requires the motor carrier to reimburse the operator of the leased vehicle that are fined because of a violation of a State's gross vehicle weight laws.
Allows a motor carrier to presume that the gross cargo weight of a container or trailer is under 29,001 pounds if it receives no certification before or when a loaded intermodal container or trailer is tendered to it. Declares that a copy of a certification is not required to accompany the intermodal container or trailer.
Prohibits a person from coercing a person transporting a loaded container or trailer having a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing materials and pallets) before the required certification is provided.
Adds to the circumstances giving certain persons a lien against the contents of the container or trailer as a result of a violation of a State's gross vehicle weight laws. Includes among such circumstances: (1) failure of the party required to provide certification off gross cargo weight to the first carrier to provide it; (2) failure of the party required to forward such certification to forward it; or (3) error in the transfer of information on the certification to another document.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''National Aviation Capacity Expansion
Act''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) The reliability and efficiency of the national air
transportation system significantly depend on the efficiency of
Chicago O'Hare International Airport. Because of O'Hare's
central location, and the magnitude of the demand for air
transportation services in northeast Illinois and northwest
Indiana, O'Hare has an essential role in the national air
transportation system. The reliability and efficiency of
interstate air transportation for residents and businesses in
many States depend on efficient processing of air traffic
operations at O'Hare.
(2) The largest efficient hub airports in the United States
are designed with multiple parallel runways without substantial
runway intersections. O'Hare cannot efficiently perform its
role in the national air transportation system unless it has
such a design.
(3) New runway construction projects are local decisions
that are supported by the Federal Government through the
Airport Improvement Program and other programs. Given the
importance of air travel to our national economy, and the
importance of O'Hare to national air transportation, it is
critical that the Federal Government does all it can to
facilitate redesign of O'Hare and the development of a
supplemental air carrier airport located near Peotone,
Illinois.
(4) The Governor of Illinois and the Mayor of Chicago have
determined that redesign of O'Hare and the development of a
supplemental air carrier airport located near Peotone,
Illinois, as described in this Act, are each necessary and
desirable to provide reliable and efficient air commerce.
(5) On December 5, 2001, the Governor of Illinois and the
Mayor of Chicago signed an historic agreement that would
modernize O'Hare International Airport, by providing for--
(A) east-west parallel runways;
(B) construction of a south suburban airport near
Peotone;
(C) addressing traffic congestion along the
Northwest Corridor, including western airport access;
(D) continuation of the operation of Chicago Meigs
Field; and
(E) maintenance of the quality of life for
residents near the airports.
(6) The importance of increasing commercial air service at
the Gary-Chicago and Greater Rockford Airports is also
recognized.

SEC. 3. AIRPORT REDESIGN.

(a) Necessity of O'Hare Runway Redesign and Development of South
Suburban Airport.--
(1) It is the policy of Congress that redesign and
reconstruction of Chicago O'Hare International Airport in Cook
and DuPage Counties, Illinois, in accordance with the runway
redesign plan, and the development of a south suburban airport
in the Chicago metropolitan region, are each required to
improve the efficiency of, and relieve congestion in, the
national air transportation system.
(2)(A) The Administrator of the Federal Aviation
Administration shall implement the Federal policy described in
paragraph (1) by facilitating approval, funding, construction,
and implementation of--
(i) the runway redesign plan upon receipt of an
application from Chicago for approval of an airport
layout plan that includes the runway redesign plan; and
(ii) the south suburban airport upon receipt of an
application from the State of Illinois or a political
subdivision thereof for approval of an airport layout
plan for a south suburban airport.
(B) Implementation of the plan described in subparagraph
(A) shall be subject to application of Federal laws with
respect to environmental protection and environmental analysis
including the National Environmental Policy Act and the
determination of the Administrator of the Federal Aviation
Administration that the plan meets the criteria regarding
practicability, safety, and efficiency, and is consistent with
Federal Aviation Administration design criteria.
(3) The State shall not enact or enforce any law respecting
aeronautics that interferes with, or has the effect of
interfering with, implementation of Federal policy with respect
to the runway redesign plan including sections 38.01, 47, and
48 of the Illinois Aeronautics Act.
(4) All environmental reviews, analyses, and opinions
related to issuance of permits, licenses, or approvals by
operation of Federal law relating to the runway redesign plan
or the south suburban airport shall be conducted on an
expedited basis. Each Federal agency having jurisdiction shall
complete environmental-related reviews on an expedited and
coordinated basis.
(5) If the Administrator of the Federal Aviation
Administration determines that construction or operation of the
runway redesign plan would not conform, within the meaning of
section 176(c) of the Clean Air Act, to an applicable
implementation plan approved or promulgated under section 110 of the
Clean Air Act, the Environmental Protection Agency shall forthwith
cause or promulgate a revision of such implementation plan sufficient
for the runway redesign plan to satisfy the requirements of section
176(c) of the Clean Air Act.
(6) In this section:
(A) The term ''runway redesign plan'' means--
(i) 6 parallel runways at O'Hare oriented
in the east-west direction with the capability,
to the extent determined by the Administrator
to be practicable, safe, and efficient, for 4
simultaneous independent instrument aircraft
arrivals, and all associated taxiways,
navigational facilities, passenger handling
facilities, and other related facilities; and
(ii) the closure of existing runways 14L-
32R, 14R-32L, and 18-36.
(B) The term ''south suburban airport'' means an
additional air carrier airport in the vicinity of
Peotone, Illinois.
(C) The term ''Administrator'' means the
Administrator of the Federal Aviation Administration or
his designee.
(b) Phasing of Construction.--Approval by the Administrator of an
airport layout plan that includes the runway redesign plan shall
provide that any runway located more than 2500 feet south of existing
runway 9R-27L shall not begin construction before January 1, 2011.
(c) Western Public Roadway Access.--The Administrator shall not
consider an airport layout plan submitted by Chicago that includes the
runway redesign plan, unless it includes public roadway access through
the western boundary of O'Hare to passenger terminal and parking
facilities. Approval of western public road access shall be subject to
the condition that the cost of construction be paid for from airport
revenues.
(d) Noise Mitigation.--
(1) Approval by the Administrator of an airport layout plan
that includes the runway redesign plan shall require Chicago to
offer acoustical treatment of all single-family houses and
schools located within the 65 DNL noise contour for each
construction phase of the runway redesign plan, subject to
Federal Aviation Administration guidelines and specifications
of general applicability. The Administrator shall determine
that Chicago's plan for acoustical treatment is financially
feasible.
(2)(A) Approval by the Administrator of an airport layout
plan that includes the runway redesign plan shall be subject to
the condition that noise impact of aircraft operations at
O'Hare in the calendar year immediately following the year in
which the first new runway is first used, and in each calendar
year thereafter, will be less than the noise impact in calendar
year 2000.
(B) The Administrator shall make the determination
described in subparagraph (A)--
(i) using, to the extent practicable, the
procedures specified in part 150 of title 14, Code of
Federal Regulations;
(ii) using the same method for calendar year 2000
and for each forecast year; and
(iii) by determining noise impact solely in terms
of the aggregate number of square miles and the
aggregate number of single-family houses and schools
exposed to 65 or greater decibels using the DNL metric,
including only single-family houses and schools in
existence on the last day of calendar year 2000.
(C) The condition described in paragraph (1) shall be
enforceable exclusively by the Administrator, using noise
mitigation measures approved or approvable under part 150 of
title 14, Code of Federal Regulations.
(e) South Suburban Airport Federal Funding.--The Administrator
shall give priority consideration to a letter of intent application
submitted by the State of Illinois or a political subdivision thereof
for the construction of the south suburban airport. The Administrator
shall consider the letter not later than 90 days after the
Administrator issues final approval of the airport layout plan for the
south suburban airport.
(f) Federal Construction.--
(1) On July 1, 2004, or as soon practicable thereafter, the
Administrator shall construct the runway redesign plan as a
Federal project, if--
(A) the Administrator finds, after notice and
opportunity for public comment, that a continuous
course of construction of the runway redesign plan has
not commenced and is not reasonably expected to
commence by December 1, 2004;
(B) Chicago agrees in writing to construction of
the runway redesign plan as a Federal project;
(C) Chicago enters into an agreement, acceptable to
the Administrator, to protect the interests of the
United States Government with respect to the
construction, operation, and maintenance of the runway
redesign plan; and
(D) Chicago provides, without cost to the United
States Government, land, easements, rights-of-way,
rights of entry, and other interests in land or
property necessary to permit construction of the runway
redesign plan as a Federal project and to protect the
interests of the United States Government in its
construction, operation, maintenance, and use.
(2) The Administrator may make an agreement with the City
of Chicago under which Chicago will provide the work described
in paragraph (1), for the benefit of the Administrator.
(3) The Administrator is authorized and directed to acquire
in the name of the United States all land, easements, rights-
of-way, rights of entry, or other interests in land or property
necessary for the runway redesign plan under this section,
subject to such terms and conditions as the Administrator
deems necessary to protect the interests of the United States.
(g) Merrill C. Meigs Field.--
(1) Until January 1, 2026, the Administrator shall withhold
all airport grant funds respecting Chicago O'Hare International
Airport, other than grants involving national security and
safety, unless the Administrator is reasonably satisfied that
the following conditions have been met:
(A) Merrill C. Meigs Field in Chicago either is
being operated by Chicago as an airport or has been
closed for reasons beyond Chicago's control.
(B) Chicago is providing, at its own expense, all
off-airport roads and other access, services,
equipment, and other personal property that it provided
in connection with the operation of Meigs Field on and
prior to December 1, 2001.
(C) Chicago is operating Meigs Field, at its own
expense, at all times as a public airport in good
condition and repair open to all users capable of
utilizing the airport, and is maintaining the airport
for such public operations at least from 6:00 a.m. to
10:00 p.m. 7 days a week whenever weather conditions
permit.
(D) Chicago is providing or causing its agents or
independent contractors to provide all services
(including police and fire protection services)
provided or offered at Meigs Field on or immediately
prior to December 1, 2001, including tie-down,
terminal, refueling, and repair services, at rates that
reflect actual costs of providing such goods and
services.
(2) After January 1, 2006, the Administrator shall not
withhold grant funds under this Act to the extent the
Administrator determines that withholding of grant funds would
create an unreasonable burden on interstate commerce. If Meigs
Field is closed for reasons beyond Chicago's control, the
conditions described in subparagraphs (B) through (D) shall not
apply.
(3) The Administrator shall not enforce the conditions
listed in paragraph (1) if the State of Illinois enacts a law
on or after January 1, 2006, authorizing the closure of Meigs
Field.
(4) Net operating losses resulting from operation of Meigs
Field, to the extent consistent with law, are to be paid by the
2 air carriers at O'Hare International Airport that paid the
highest amount of airport fees and charges at O'Hare
International Airport for the preceding calendar year.
Notwithstanding any other provision of law, the City of Chicago
may use airport revenues generated at O'Hare International
Airport to fund the operation of Meigs Field.
(h) Judicial Review.--An order issued by the Administrator of the
Federal Aviation Administration, in whole or in part, under this
section shall be deemed to be an order issued under subtitle VII of
part A of title 49, United States Code, and shall be reviewed in
accordance with the procedures in section 46110 of title 49, United
States Code.
National Aviation Capacity Expansion Act - Directs the Administrator of the Federal Aviation Administration to implement the redesign and reconstruction of Chicago O'Hare International Airport in Cook and DuPage Counties, Illinois, in accordance with a specified runway redesign plan, and the development of a south suburban airport in the Chicago metropolitan region, by facilitating approval, funding, construction, and implementation of such plan and suburban airport.Requires all environmental reviews, analyses, and opinions related to issuance of permits, licenses, or approvals relating to such plan or airport to be conducted on an expedited and coordinated basis.States that approval by the Administrator of an airport layout plan submitted by Chicago that includes the runway redesign plan shall: (1) provide that any runway located more than 2500 feet south of existing runway 9R-27L shall not begin construction before January 2011; and (2) be subject to the condition that noise impact of aircraft operations at O'Hare after the year in which the first new runway is first used will be less than that in 2000. Prohibits the consideration of such a plan unless it includes public roadway access through the western boundary of O'Hare to passenger terminal and parking facilities.Directs the Administrator to give priority consideration to a letter of intent application submitted by the State of Illinois (or a political subdivision thereof) for construction of the suburban airport.Sets forth requirements regarding the construction of the runway redesign plan as a Federal project on or after July 1, 2004.Requires the withholding of all airport grant funds for O'Hare (other than grants involving national security and safety) until January 1, 2026, unless specified conditions with respect to operations at Merrill C. Meigs Field have been met.