text: 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 those impacts and expedite 
          construction of the runway;
              ``(2) is the most appropriate and a cost-effective measure 
          to mitigate those impacts, 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 or if there was a reasonable ground for not making the 
  objection in the proceeding.
      ``(e) Supreme Court Review.--A decision by a court under this 
  section may be reviewed only by the 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 striking ``and'' at the end of subparagraph (C);
              (2) by striking the period at the end of subparagraph (D) 
          and inserting ``; and''; and
              (3) by adding at the end the following:
                      ``(E) to an airport operator of a congested airport 
                  (as defined in section 47178) and a unit of local 
                  government referred to in paragraph (1)(A) or (1)(B) of 
                  this subsection to carry out a project to mitigate 
                  noise in the area 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.
  
              Passed the House of Representatives July 9, 2002.
  
              Attest:
  
                                                   JEFF TRANDAHL,
  
                                                                   Clerk.
  
                              By Martha C. Morrison,
  
                                                            Deputy Clerk.
target: Airport Streamlining Approval Process Act of 2002 - (Sec. 3) 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. 4) 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 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. 5) 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. 6) 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.
feat_title: To amend title 49, United States Code, relating to airport project streamlining, and for other purposes.