Authorizes Chicago to apply directly to the FAA without the approval of Illinois for Federal airport improvement program funding for planning and construction of a project under the O'Hare airport layout plan.
Prohibits the Administrator of the FAA, as provided in the December 5, 2001, agreement, from considering an airport layout plan submitted by Chicago that includes the runway redesign plan unless the plan includes public roadway access through the existing western boundary of O'Hare to passenger terminal and parking facilities located inside the boundary of O'Hare and reasonably accessible to such western access. Subjects approval of the western public roadway access to the condition that the cost of construction be paid for from airport revenues consistent with FAA revenue use requirements.
Subjects to certain noise mitigation requirements any approval by the Administrator of an airport layout plan that includes the runway redesign plan.
Requires the Administrator to report to specified congressional committees if the runway redesign plan has not received all Federal, State, and local permits and approvals necessary to begin construction by December 31, 2004.
(Sec. 104) Requires Illinois to prepare an implementation plan under the Clean Air Act in accordance with the State's customary practices for accounting for and regulating emissions associated with activity at commercial service airports. Prohibits the FAA Administrator from approving the runway redesign plan unless he or she determines that the construction and operation will include, to the maximum extent feasible, the best management practices then reasonably available to and used by operators of commercial service airports to mitigate emissions regulated under the implementation plan.
(Sec. 105) 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.
(Sec. 107) Expresses the sense of Congress that the Office of Environment and Energy of the FAA should be funded to carry out noise mitigation programming and quiet aircraft technology research and development at specified levels for FY 2004 and 2005.
Title II: Airport Streamlining Approval Process - Airport Streamlining Approval Process Act of 2002 - (Sec. 203) Amends Federal transportation law to direct the Administrator of the Federal Aviation Administration (FAA) to take action to encourage the construction of airport capacity enhancement projects at congested airports.
(Sec. 204) Directs the Secretary of Transportation to develop and implement a coordinated review process for such projects, which 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 such a project will be conducted concurrently in cooperation with all Federal and State agencies with jurisdiction over environmental-related matters.
Requires: (1) the Secretary to determine the reasonable alternatives to an airport capacity enhancement project at a congested airport; and (2) any other participating Federal or State agency to consider only those alternatives the Secretary has determined are reasonable.
Authorizes the Secretary, at the request of an airport sponsor for a congested airport, to 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 restriction is necessary and the most appropriate and cost-effective measure (taking into consideration associated environmental trade-offs) to mitigate such impacts and expedite runway construction.
Authorizes the Secretary, in specified circumstances, to allow an airport sponsor carrying out such a project to make payments, out of airport revenues (including local taxes on aviation fuel), for measures to mitigate the environmental impacts of the project, including aircraft noise.
Permits the FAA Administrator to accept funds from an airport sponsor 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.
Authorizes appropriations to facilitate timely processing, review, and completion of environmental activities associated with airport capacity enhancement projects at congested airports.
Permits a person disclosing a substantial interest in an order issued by the Secretary or the head of any other pertinent Federal agency to apply for judicial review of the order. Prescribes procedures and requirements for such an appeal.
(Sec. 205) Repeals the requirement that the Secretary approve a project grant application only if the chief executive officer of the State in which the project will be located certifies that there is reasonable assurance that the project will be located, designed, constructed, and operated in compliance with applicable air and water quality standards.
Revises the approval criteria without the requirement of an environmental impact statement 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. Allows such a project without an environmental impact statement if completing the project would allow airport operations involving aircraft complying with the noise standards prescribed for "stage 3" aircraft (currently "stage 2" aircraft).
(Sec. 206) Authorizes the Secretary to incur obligations to make grants to an operator of a congested airport and a specified 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 an FFA record of decision for an airport capacity enhancement project, even if that airport has not met certain regulatory requirements.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3479 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3479
To expand aviation capacity in the Chicago area.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 13, 2001
Mr. Lipinski (for himself, Mr. Costello, Mr. Davis of Illinois, Mr.
Rush, Mr. Gutierrez, Mr. Evans, Mr. Blagojevich, Ms. Schakowsky, Mr.
DeFazio, Mr. Boswell, Mr. Phelps, Mr. Rahall, Ms. Hooley of Oregon, Mr.
Hoeffel, Mr. Hinchey, Mr. Filner, Ms. Baldwin, Mr. Baird, Mr. Wu, Mr.
Borski, Mr. Clement, Mr. Barcia, Mr. LaTourette, Mr. Shimkus, Mrs.
Tauscher, Mr. Pascrell, Mr. Holden, Mr. Matheson, Mr. Honda, Mr. Kirk,
Mr. Nadler, Ms. Berkley, Mr. Larsen of Washington, Mr. Sandlin, Mr.
Carson of Oklahoma, Mr. Horn, Mr. Ehlers, Mr. Bachus, Mr. Engel, Mr.
Baldacci, Mr. Meeks of New York, Mr. Neal of Massachusetts, Mr. Sawyer,
Ms. Slaughter, Mr. Udall of Colorado, Mr. Tierney, Mr. Menendez, Mr.
Sanders, Mr. Dicks, Mr. Hoyer, Mr. Brady of Pennsylvania, Mr. Murtha,
Mr. LaFalce, Mr. Duncan, Mr. Rodriguez, Mr. Ortiz, Mr. Towns, Mr.
Hinojosa, Mrs. Mink of Hawaii, Mr. Smith of Washington, Mr. Pomeroy,
Mr. Capuano, Mr. Coyne, Mr. Etheridge, Mr. Meehan, Ms. Velazquez, Mr.
Mica, Mr. Cooksey, Mr. Mascara, Mr. Ackerman, Mr. Lampson, Mr. Pastor,
and Mr. Serrano) introduced the following bill; which was referred to
the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To expand aviation capacity in the Chicago area.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 an
additional 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 an
additional 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 entered into 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 each 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 basis in
an integrated effort with the Federal Aviation Administration.
Other Federal agencies shall defer to the congressional finding
of need for the plans submitted under this section and the Federal
Aviation Administration's determination as the lead Federal agency of
reasonable, practicable, feasible, and prudent alternatives.
(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 use its powers under the Clean Air Act respecting
approval and promulgation of implementation plans to 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 consistent with Federal Aviation Administration revenue use
requirements.
(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. Chicago shall be required to provide
the Administrator with information sufficient to demonstrate
that the acoustical treatment required by this paragraph is
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 this paragraph shall be
enforceable exclusively by the Administrator, using noise
mitigation measures approved or approvable under part 150 of
title 14, Code of Federal Regulations. The United States shall
have no financial responsibility or liability if operations at
O'Hare in any given year do not satisfy the condition in this
paragraph.
(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 as 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 without
cost to the United States, except such funds as may be
authorized under chapter 471 of title 49, United States
Code, under the authority of paragraph (4);
(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;
(D) the agreement with Chicago, at a minimum
provides for Chicago to take over ownership and
operational control of each element of the runway
redesign plan upon completion of construction of such
element by the Administrator;
(E) Chicago provides, without cost to the United
States Government (except such funds as may be
authorized under chapter 471 of title 49, United States
Code, under the authority of paragraph (4)), 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; and
(F) the Administrator is satisfied that the costs
of the runway redesign plan will be paid from the
sources normally used for airport development projects
of similar kind and scope.
(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.
(4) Chicago shall be deemed the owner and operator of each
element of the runway reconfiguration plan under section 40117
and chapter 471 of title 49, United States Code,
notwithstanding any other provision of this section or any of
the provisions in such title referred to in this subsection.
(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 by the Federal Aviation Administration 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 by the Federal Aviation Administration 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 expected 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.
<all>
Reported (Amended) by the Committee on Transportation. H. Rept. 107-568.
Reported (Amended) by the Committee on Transportation. H. Rept. 107-568.
Placed on the Union Calendar, Calendar No. 341.
Mr. Kirk moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H4609-4653)
DEBATE - The House proceeded with forty minutes of debate on H.R. 3479.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H4655-4656)
Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 247 - 143 (Roll no. 298).(text: CR H4609-4612)
Roll Call #298 (House)On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 247 - 143 (Roll no. 298). (text: CR H4609-4612)
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Mr. Mica moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H5114-5191)
DEBATE - The House proceeded with forty minutes of debate on H.R. 3479.
DEBATE - Pursuant to a unanimous consent agreement debate was extended on the motion for an additonal twenty minutes equally divided and controlled.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H5288-5289)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 343 - 87 (Roll no. 327).(text: CR H5114-5118)
Roll Call #327 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 343 - 87 (Roll no. 327). (text: CR H5114-5118)
Roll Call #327 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 515.