[House Report 107-531]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-531
======================================================================
AIRPORT STREAMLINING APPROVAL PROCESS ACT OF 2002
_______
June 25, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 4481]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 4481) to amend title 49, United
States Code, relating to airport project streamlining, and for
other purposes, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 provides 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
``Sec. 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 enhancement projects at congested airports.
``(b) Coordinated Reviews.--The coordinated review process under this
section shall provide that all environmental reviews, analyses,
opinions, permits, licenses, and approvals that must be issued or made
by a Federal agency or airport sponsor for an airport capacity
enhancement project at a congested airport will be conducted
concurrently, to the maximum extent practicable, and completed 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 Agencies.--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 environmental-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
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 environmental-
related permit, license, or approval for the project, be subject to the
process.
``(e) Memorandum of Understanding.--The coordinated 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 established under subsection (b) for the project, the
Secretary shall notify, within 30 days of the date of such
determination, the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee
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
Transportation of the Senate, and the Council on Environmental
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, 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
analysis of purpose and need for the project, the agency,
notwithstanding 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 Federal 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 Comments.--In applying
subsections (g) and (h), the Secretary shall solicit and consider
comments from interested persons and governmental entities.
``Sec. 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 requirement that an
environmental assessment or an environmental impact statement be
prepared under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) for projects at airports.
``Sec. 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 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.
``Sec. 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 alternative 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 significant
incentive for, or remove an impediment to, approval of the
project by a State or local government; and
``(3) the cost of the mitigation measures is reasonable in
relation to the mitigation that will be achieved.
``(b) Mitigation of Aircraft Noise.--Mitigation measures described in
subsection (a) may include the insulation 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.
``Sec. 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 provided to the sponsor under section 47114(c), to hire
additional staff or obtain the services of consultants in order to
facilitate the timely processing, review, and completion of
environmental activities associated with an airport development
project.
``(b) Administrative Provision.--Instead of payment 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 described in
subsection (a).
``(c) Receipts Credited as Offsetting Collections.--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 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).
``Sec. 47176. 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), $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 associated with airport capacity
enhancement projects at congested airports.
``Sec. 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 determination 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 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 reviewing 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 making 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 significant impact.
``Sec. 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
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 associated 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.''.
(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 paragraph (4).
SEC. 6. CONSTRUCTION OF CERTAIN AIRPORT CAPACITY PROJECTS.
Section 47504(c)(2) of title 49, United States Code, is amended--
(1) by aligning the margins of subparagraphs (C) and (D) with
the margins of subparagraphs (A) and (B);
(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 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 surrounding 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
(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.
Purpose
The purpose of this legislation is to reform the approval
process for airport runway capacity projects at our Nation's
most congested airports.
Background and Need
Over the last 20 years, air travel in the United States has
grown faster than any other mode of transportation.
Unfortunately, airport runway capacity has not kept pace with
the growth. Last year, FAA released the Airport Capacity
Benchmarks Report 2001, which indicates that many of our
Nation's busiest airports are at or above capacity for at least
some portion of the day.
Insufficient airport runway capacity has led to chronic and
worsening congestion. In the summer of 2001, one out of every
four commercial flights experienced a significant delay or a
cancellation. In recent weeks, the demand for airline travel
has begun to rise again. Passenger traffic is returning and
will soon reach pre-September 11th levels. It is not a question
of if, but rather when, gridlock will return to our busiest
airports.
Even with the apparent national need for additional runway
capacity, airports have had difficulty building new runways. In
the last decade, only six of our Nation's largest airports
managed to complete new runway projects.
The current runway planning and approval process routinely
takes ten years and can take much longer. To build a runway, an
airport must coordinate with dozens of Federal, state and local
agencies, including the Federal Aviation Administration, the
Environmental Protection Agency, the Fish and Wildlife Service,
the Park Service, the Army Corps of Engineers, the Advisory
Council on Historic Preservation, state historical preservation
offices and state air and water pollution agencies. Airports
must also comply with over 40 Federal laws, often with
conflicting and confusing mandates.
According to FAA data, the average environmental impact
statement (EIS) takes three and one half years to complete.
There are several additional Federal environmental planning and
permitting requirements outside of the EIS process that can add
significant delays. For example, FAA completed the EIS for
Seattle's third runway in 1997 in less than three years, yet
construction has been delayed for the last five years due to
the Clean Water Act permitting requirements. Legal challenges
to environmental documents can also add significant delays to
the process.
H.R. 4481, the Airport Streamlining Approval Process Act of
2002, is intended to cut through red tape and eliminate
duplication without diminishing existing environmental laws or
limiting local input or control over these critical projects.
It will ensure that once a community reaches consensus on a
critical capacity project, the review process will not
unnecessarily delay construction. It designates the Department
of Transportation as the lead agency for the project review
process, and it directs the Secretary of Transportation to
develop a coordinated review process for major airport capacity
projects that will ensure that all environmental reviews by
government agencies will be conducted at the same time,
whenever possible.
Summary
Section 1.--Short title
Provides that the Act may be cited as the ``Airport
Streamlining Approval Process Act of 2002''.
Section 2.--Findings
Makes a number of findings regarding our Nation's major
airports and the environmental review process for airport
capacity projects at congested airports.
Section 3.--Promotion of new runways
Amends section 40104 of Title 49, United States Code, by
adding a new subsection, which provides that the Administrator
shall take action to encourage the construction of airport
capacity enhancement projects at congested airports. This is
designed to encourage the FAA to take a more proactive approach
in encouraging the construction of new runways when it
determines that it would be in the national interest.
Section 4.--Airport project streamlining
Amends Chapter 471 of Title 49, United States Code, by
adding after section 47153 a new ``Subchapter III--Airport
Project Streamlining'' with the following new sections:
Section 47171, ``DOT as lead agency,'' subsection (a)
requires the Secretary to develop and implement an airport
project review process for airport capacity enhancement
projects at congested airports.
Subsection (b) provides for a coordinated review process
for all environmental reviews, analyses, opinions, permits,
licenses, and approvals to be conducted concurrently and
completed within a time period established by the Secretary in
cooperation with the agencies involved.
Subsection (c) requires that for each airport capacity
enhancement project at a congested airport, the Secretary shall
identify all Federal and state agencies that may have
jurisdiction over environment-related matters, may be required
by law to conduct an environment review, or may have
jurisdiction to determine whether to issue an environment-
related permit, license, or approval for the project. The
Committee recommends that this section be implemented in a
manner consistent with Council on Environmental Quality
regulations and policy guidance.
Subsection (d) allows a State and its associated agencies,
consistent with State law, to choose to participate in the
coordinated review process for a project at an airport within
that State.
Subsection (e) allows the coordinated review process for a
project to be incorporated into a Memorandum of Understanding
between the Secretary and the heads of other Federal and State
agencies identified in Subsection (c), and the airport
involved.
Subsection (f) sets forth the notification and reporting
requirements should the Secretary determine that a Federal
agency, state agency, or airport sponsor participating in the
coordinated review process has not met a deadline established
under subsection (b).
Subsection (g) provides that for any environmental review
process or approval issued or made by a Federal or state agency
participating in a coordinated review process requiring an
analysis of the purpose and need for a project, the agency is
bound by the project's purpose and need as defined by the
Secretary.
Subsection (h) provides that the Secretary shall determine
the reasonable alternatives to an airport capacity enhancement
project at a congested airport and any other Federal or state
agency participating in a coordinated review process shall
consider only those alternatives to the project that the
Secretary has determined are reasonable.
The Committee recognizes that the Department of
Transportation and the Federal Aviation Administration have
significant expertise and experience on transportation-related
matters. Therefore, the Committee believes that in conducting
environmental reviews within the jurisdiction of the DOT, the
Secretary should play a lead role in determining which
analytical methods are reasonable for use in determining the
transportation impacts and benefits of project alternatives,
particularly in the area of noise impacts. Other agencies have
expertise in determining the environmental impacts of
transportation projects, and the Secretary should rely on the
expertise of these agencies in analyzing these impacts. The
Committee believes that, to the maximum extent possible, all
Federal and state agencies participating in the coordinated
review process should use a common set of data for their
analyses in carrying out their responsibilities to conduct
environmental reviews under Federal law.
Subsection (i) states that in applying subsections (g) and
(h), the Secretary shall solicit and consider comments from
interested persons and governmental entities.
Section 47172, ``Categorical exclusions,'' states that not
later than 120 days after the date of enactment of this
section, the Secretary shall develop and publish a list of
categorical exclusions from the requirement that an
environmental assessment or an environment impact statement be
prepared for projects at airports. The Committee notes that the
FAA has a process, consistent with the National Environmental
Policy Act, whereby it excludes certain types of projects from
the environmental review process.
The Committee has been made aware of an issue regarding the
environmental review of air carrier operations specifications.
Operations specifications govern the class and size of aircraft
to be operated by an air carrier at specific airports to ensure
that those specific aircraft can be operated safely at those
airports, but do not control the frequency or timing of
operations. FAA environmental procedures allow for operations
specifications to be categorically excluded from NEPA review,
unless the FAA determines that approval may significantly
change the character of the operational environment of an
airport. In that case, FAA will conduct the necessary
environmental review of the proposed operations specifications.
However, the Committee has been informed that the data and
analysis required to determine whether the approval or
amendment of an operations specification should be
categorically excluded has not been consistently applied
throughout the FAA offices responsible for conducting such
reviews, which has added to the cost and time of processing
operations specifications. The Committee strongly urges the FAA
to issue guidance to ensure consistent and timely review of all
applications for operations specifications approvals/
amendments.
In addition, the Committee is concerned that the
environmental review requirements place an unfair burden on new
entrants to a market. The Committee will revisit this issue in
the reauthorization process and assess whether further
legislative action is needed to address the problems
identified.
Section 47173, ``Access restrictions to ease
construction,'' provides that at the request of an airport
sponsor for a congested airport, the Secretary 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 the imposition
of the restriction is (1) necessary to mitigate significant
noise impacts and expedite construction of the runway; (2) the
most appropriate and cost-effective measure to mitigate those
impacts, taking into consideration any environmental tradeoffs;
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.
Section 47174, ``Airport revenue to pay for mitigation,''
subsection (a) states, that the Secretary 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 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 alternative for the project in the
documentation prepared for NEPA; (2) the use of such revenues
will provide a significant incentive for, or remove an
impediment to, approval of the project by a State or local
government; and (3) the cost of the mitigation measures is
reasonable in relation to the mitigation that will be achieved.
Subsection (b) describes what the mitigation measures
described in Subsection (a) may include.
Section 47175, ``Airport funding of FAA staff,'' subsection
(a) provides that the Administrator of the FAA may accept funds
from an airport sponsor to hire additional staff or obtain the
services of consultants to facilitate the timely processing,
review, and completion of environmental documents associated
with an airport development project.
Subsection (b) allows the Administrator, with agreement of
the airport sponsor, to transfer funds that would otherwise be
apportioned to the sponsor under section 47114 to the account
used by the Administrator for activities described in
subsection (a).
Section 47176, ``Authorization of appropriations,''
authorizes funds to be appropriated to the Secretary out of the
Airport and Airway Trust Fund appropriations for fiscal year
2003 and each fiscal year thereafter.
Section 47177, ``Judicial review,'' subsection (a) provides
that a person disclosing a substantial interest in an order
issued by the Secretary or the head of any other Federal agency
under this part or a person or agency relying on any
determination 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.
Requires that the petition must be filed not later than 60 days
after the order is issued and that the court may allow a late
filing if there are reasonable grounds.
Subsection (b) sets forth the requirements for the court to
immediately send a copy of the petition to the Secretary or the
head of any other Federal agency involved, and for the
Secretary or the head of such other Federal agency to file a
record of any proceeding in which the order was issued with the
court.
Subsection (c) provides for the exclusive jurisdiction of
the court and permits the court to require further proceedings
and to grant interim relief when good cause exists. The
findings of fact by the Secretary or the head of such other
agency are conclusive if supported by substantial evidence.
Subsection (d) states that in reviewing an order the court
may consider an objection to the action 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.
Subsection (e) states that only the Supreme Court may
review a decision by a court under this section.
Subsection (f) provides that the term ``order'' includes a
record of decision or a finding of no significant impact.
Section 47178, ``Definitions,'' provides a list of
definitions of terms used in the subchapter.
Section 5.--Governor's certificate
Repeals the requirement in section 47106(c)(B) that the
Governor of the state in which the project is located certifies
in writing to the Secretary that there is reasonable assurance
that the project will be in compliance with applicable air and
water quality standards.
Section 6.--Construction of certain airport capacity projects
Authorizes the issuance of a grant to an airport operator
of a congested airport and a unit of local government 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 FAA for an airport capacity enhancement
project.
Section 7.--Limitations
States that nothing in the Act shall preempt or interfere
with any practice of seeking public comment and any power,
jurisdiction, or authority that a state agency or an airport
sponsor has with respect to carrying out an airport capacity
enhancement project. Of course, this does not overrule any
specific directive in the reported bill.
Legislative History and Committee Consideration
On May 24, 2001 the Aviation Subcommittee held a hearing on
Airport Runway Construction Challenges.
On April 24, 2002, the Full Committee met in open session
and ordered H.R. 4481 reported with amendments, by voice vote
with a quorum present. There were no recorded votes taken
during Committee consideration of H.R. 4481.
Rollcall Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each rollcall vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. There
were no recorded votes taken in connection with ordering H.R.
4481 reported. A motion by Mr. Mica to order H.R. 4481
favorably reported to the House with an amendment in the nature
of a substitute was agreed to by voice vote, a quorum being
present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 4481.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
4481 from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 17, 2002.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4481, the Airport
Streamlining Approval Process Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark Hadley.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
Congressional Budget Office Cost Estimate
H.R. 4481--Airport Streamlining Approval Process Act of 2002
Summary: H.R. 4481 would authorize the appropriation of
$2.1 million 2003 and $4.2 million in each subsequent year to
facilitate environmental reviews for projects that would
enhance the capacity to handle more flights at congested
airports. In addition, the bill would require the Secretary of
Transportation to coordinate federal agencies' and airport
sponsors' efforts to review the environmental impact of such
projects. H.R. 4481 would authorize the Secretary to allow
airport sponsors to use local revenues generated at the
airports to support such projects. Finally, the bill would
authorize the Federal Aviation Administrative (FAA) to accept
funds from airport sponsors to hire additional staff to
facilitate the timely review or environmental reviews for
capacity-enhancing projects.
Based on historical spending patterns of the FAA, CBO
estimates that implementing H.R. 4481 would cost $18 million
over the 2003-2007 period, assuming appropriation of the
authorized funds. By allowing the FAA to accept funds from
airport sponsors, H.R. 4481 would affect direct spending.
Therefore, pay-as-you-go procedures would apply, but CBO
estimates that any net effect on direct spending would be
negligible.
H.R. 4481 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4481 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------
2002 2003 2004 2005 2006 2007
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending for Environmental Reviews of Airport
Projects Under Current Law:
Estimated Authorization Level \1\......... 22 23 24 25 26 27
Estimated Outlays......................... 22 23 24 25 26 27
Proposed Changes:
Authorization Level....................... 0 2 4 4 4 4
Estimated Outlays......................... 0 2 4 4 4 4
Spending Under H.R. 4481:
Estimated Authorization Level............. 22 25 28 29 30 31
Estimated Outlays......................... 22 25 28 29 30 31
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year for environmental reviews. The estimated
authorization levels for the 2003-2007 period reflect the 2002 level adjusted for anticipated inflation in the
CBO baseline for this activity.
Basis of estimate: H.R. 4481 would authorize the
appropriation of $19 million to the FAA to facilitate
environmental reviews for projects that would enhance the
capacity of congested airports. Based on information from the
FAA, CBO expects that nearly all of this amount would be used
to hire additional staff to perform environmental reviews of
such projects. Based on historical spending patterns for FAA
expenses, CBO estimates that implementing H.R. 4481 would
result in outlays of about $18 million over the 2003-2007
period, subject to appropriation of the authorized amounts.
H.R. 4481 would also allow the FAA to accept funds from
airport sponsors to hire additional staff. Because such funds
could be collected and spent without appropriation, H.R. 4481
would affect direct spending. Based on information from the
FAA, CBO expects that only the largest airports would be
willing to pay the FAA to facilitate the environmental review
of their projects, and that any additional net direct spending
would be insignificant each year.
Pay-as-you-go considerations: The Balanced Budget and
Emergency Deficit Control Act sets up pay-as-you-go procedures
for legislation affecting direct spending or receipts. By
allowing the FAA to accept funds from airport sponsors in order
to hire additional staff, H.R. 4481 would affect direct
spending, but CBO estimates that any such effect would be
negligible each year.
Intergovernmental and private-sector impact: H.R. 4481
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal costs: Mark Hadley; impact on
state, local, and tribal governments: Susan Sieg Tompkins;
impact on the private sector: Cecil McPherson.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1994
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local or
tribal law. The Committee states that H.R. 4481 does not
preempt any state, local or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE VII--AVIATION PROGRAMS
* * * * * * *
PART A--AIR COMMERCE AND SAFETY
SUBPART I--GENERAL
CHAPTER 401--GENERAL PROVISIONS
* * * * * * *
Sec. 40104. Promotion of civil aeronautics and safety of air commerce
(a) * * *
* * * * * * *
(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.
* * * * * * *
PART B--AIRPORT DEVELOPMENT AND NOISE
CHAPTER 471--AIRPORT DEVELOPMENT
SUBCHAPTER I--AIRPORT IMPROVEMENT
Sec.
47101. Policies.
* * * * * * *
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.
* * * * * * *
SUBCHAPTER I--AIRPORT IMPROVEMENT
Sec. 47106. Project grant application approval conditioned on
satisfaction of project requirements
(a) * * *
* * * * * * *
(c) Environmental Requirements.--(1) The Secretary may
approve an application under this subchapter for an airport
development project involving the location of an airport or
runway or a major runway extension--
(A) only if the sponsor certifies to the Secretary
that--
(i) * * *
(ii) the airport management board has voting
representation from the communities in which
the project is located or has advised the
communities that they have the right to
petition the Secretary about a proposed
project; and
[(B) only if the chief executive officer of the State
in which the project will be located certifies in
writing to the Secretary that there is reasonable
assurance that the project will be located, designed,
constructed, and operated in compliance with applicable
air and water quality standards, except that the
Administrator of the Environmental Protection Agency
shall make the certification instead of the chief
executive officer if--
[(i) the State has not approved any
applicable State or local standards; and
[(ii) the Administrator has prescribed
applicable standards; and]
[(C)] (B) if the application is found to have a
significant adverse effect on natural resources,
including fish and wildlife, natural, scenic, and
recreation assets, water and air quality, or another
factor affecting the environment, only after finding
that no possible and prudent alternative to the project
exists and that every reasonable step has been taken to
minimize the adverse effect.
(2) The Secretary may approve an application under this
subchapter for an airport development project that does not
involve the location of an airport or runway, or a major runway
extension, at an existing airport without requiring an
environmental impact statement related to noise for the project
if--
(A) completing the project would allow operations at
the airport involving aircraft complying with the noise
standards prescribed for ``[stage 2] stage 3'' aircraft
in section 36.1 of title 14, Code of Federal
Regulations, to replace existing operations involving
aircraft that do not comply with those standards; and
* * * * * * *
[(4)(A) Notice of certification or of refusal to certify
under paragraph (1)(B) of this subsection shall be provided to
the Secretary not later than 60 days after the Secretary
receives the application.
[(B) The Secretary shall condition approval of the
application on compliance with the applicable standards during
construction and operation.]
[(5)] (4) The Secretary may make a finding under paragraph
(1)(C) of this subsection only after completely reviewing the
matter. The review and finding must be a matter of public
record.
* * * * * * *
SUBCHAPTER III--AIRPORT PROJECT STREAMLINING
Sec. 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 enhancement projects at congested
airports.
(b) Coordinated Reviews.--The coordinated review process
under this section shall provide that all environmental
reviews, analyses, opinions, permits, licenses, and approvals
that must be issued or made by a Federal agency or airport
sponsor for an airport capacity enhancement project at a
congested airport will be conducted concurrently, to the
maximum extent practicable, and completed 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 Agencies.--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 environmental-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 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 environmental-related
permit, license, or approval for the project, be subject to the
process.
(e) Memorandum of Understanding.--The coordinated 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 established
under subsection (b) for the project, the Secretary
shall notify, within 30 days of the date of such
determination, the Committee on Transportation and
Infrastructure of the House of Representatives, the
Committee 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 Transportation of
the Senate, and the Council on Environmental 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, 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 analysis of purpose
and need for the project, the agency, notwithstanding 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 Federal 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 Comments.--In applying
subsections (g) and (h), the Secretary shall solicit and
consider comments from interested persons and governmental
entities.
Sec. 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 requirement
that an environmental assessment or an environmental impact
statement be prepared under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) for projects at airports.
Sec. 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 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.
Sec. 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 alternative 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
significant incentive for, or remove an impediment to,
approval of the project by a State or local government;
and
(3) the cost of the mitigation measures is reasonable
in relation to the mitigation that will be achieved.
(b) Mitigation of Aircraft Noise.--Mitigation measures
described in subsection (a) may include the insulation 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.
Sec. 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 provided to the sponsor under section
47114(c), to hire additional staff or obtain the services of
consultants in order to facilitate the timely processing,
review, and completion of environmental activities associated
with an airport development project.
(b) Administrative Provision.--Instead of payment 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 described in subsection (a).
(c) Receipts Credited as Offsetting Collections.--
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 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).
Sec. 47176. 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), $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 associated with airport capacity
enhancement projects at congested airports.
Sec. 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 determination 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 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 reviewing 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 making 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 significant
impact.
Sec. 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 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 associated 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.
* * * * * * *
CHAPTER 475--NOISE
* * * * * * *
Sec. 47504. Noise compatibility programs
(a) * * *
* * * * * * *
(c) Grants.--(1) * * *
(2) Soundproofing and acquisition of certain
residential buildings and properties.--The Secretary
may incur obligations to make grants from amounts made
available under section 48103 of this title--
(A) * * *
* * * * * * *
(C) to an airport operator and unit of local
government referred to in paragraph (1)(A) or
(1)(B) of this subsection to carry out any part
of a program developed before February 18,
1980, or before implementing regulations were
prescribed, if the Secretary decides the
program is substantially consistent with
reducing existing noncompatible uses and
preventing the introduction of additional
noncompatible uses and the purposes of this
chapter will be furthered by promptly carrying
out the program; [and]
(D) to an airport operator and unit of local
government referred to in paragraph (1)(A) or
(1)(B) of this subsection to soundproof a
building in the noise impact area surrounding
the airport that is used primarily for
educational or medical purposes and that the
Secretary decides is adversely affected by
airport noise[.]; and
(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 surrounding 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.
* * * * * * *