The National Environmental Policy Act of 1969, referred to in subsecs. (a)(1), (b)(2)(C)(ii)(II), (k)(2)(B), (l), (n)(1)(A), (2)(A), (D)(ii), (o)(1), (p)(1), (5)(I), and (q)(4)(C), (D), is Pub. L. 91–190,
2024—Subsec. (a). Pub. L. 118–63, § 783(1)(A), struck out “develop and” after “shall” and substituted “projects, terminal development projects, general aviation airport construction or improvement projects, and aviation safety projects” for “projects at congested airports, general aviation airport construction or improvement projects, aviation safety projects, and aviation security projects” in introductory provisions.
Subsec. (a)(1). Pub. L. 118–63, § 783(1)(B), substituted “streamlined” for “better”.
Subsec. (b). Pub. L. 118–63, § 783(2), added subsec. (b) and struck out former subsec. (b) which related to aviation projects subject to a streamlined environmental review process, including airport capacity enhancement projects at congested airports, general aviation airport construction or improvement projects, and aviation safety and aviation security projects.
Subsec. (c)(1). Pub. L. 118–63, § 783(3), substituted “a project described or designated under subsection (b)” for “an airport capacity enhancement project at a congested airport or a project designated under subsection (b)(3)”.
Subsec. (d). Pub. L. 118–63, § 783(4), substituted “a project described or designated under subsection (b)” for “each airport capacity enhancement project at a congested airport or a project designated under subsection (b)(3)”.
Subsec. (h). Pub. L. 118–63, § 783(5), substituted “described in subsection (b)(1)” for “designated under subsection (b)(3) and airport capacity enhancement projects at congested airports”.
Subsec. (j). Pub. L. 118–63, § 783(6), designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3).
Subsec. (k). Pub. L. 118–63, § 783(7), substituted “a project described or designated under subsection (b)” for “an airport capacity enhancement project at a congested airport or a project designated under subsection (b)(3)”; inserted dash after “project shall” and par. (1) designation before “consider”; substituted “; and” for period at end; and added par. (2).
Subsec. (l). Pub. L. 118–63, § 783(8), substituted “and section 1503 of title 40, Code of Federal Regulations.” for period at end.
Subsecs. (m) to (q). Pub. L. 118–63, § 783(9), added subsecs. (m) to (q) and struck out former subsec. (m). Prior to amendment, text of subsec. (m) read as follows: “The Transportation Infrastructure Streamlining Task Force, established by Executive Order 13274 (67 Fed. Reg. 59449; relating to environmental stewardship and transportation infrastructure project reviews), may monitor airport projects that are subject to the coordinated review process under this section.”
2018—Subsec. (a). Pub. L. 115–254, § 191(a)(1), inserted “general aviation airport construction or improvement projects,” after “congested airports,” in introductory provisions.
Subsec. (b)(2), (3). Pub. L. 115–254, § 191(a)(2), added par. (2) and redesignated former par. (2) as (3).
Subsecs. (c)(1), (d), (h), (k). Pub. L. 115–254, § 191(a)(3)–(6), substituted “subsection (b)(3)” for “subsection (b)(2)”.
Subsec. (l). Pub. L. 115–254, § 539(q), substituted “4321” for “4371”.
Section applicable only to fiscal years beginning after
Pub. L. 118–63, title VII, § 788, “(a) An action by the Administrator [of the Federal Aviation Administration] to approve, permit, finance, or otherwise authorize any airport project that is undertaken by the sponsor, owner, or operator of a public-use airport shall be presumed to be covered by a categorical exclusion under FAA [Federal Aviation Administration] Order 1050.1F (or any successor document), if such project—“(1) receives less than $6,000,000 (as adjusted annually by the Administrator to reflect any increases in the Consumer Price Index prepared by the Department of Labor) of Federal funds or funds from charges collected under section 40117 of title 49, United States Code; or“(2) has a total estimated cost of not more than $35,000,000 (as adjusted annually by the Administrator to reflect any increases in the Consumer Price Index prepared by the Department of Labor) and Federal funds comprising less than 15 percent of the total estimated project cost.“(b) An action by the Administrator to approve, permit, finance, or otherwise authorize an airport project that is undertaken by the sponsor, owner, or operator of a public-use airport shall be presumed to be covered by a categorical exclusion under FAA Order 1050.1F (or any successor document), if such project is—“(1) for the repair or reconstruction of any airport facility, runway, taxiway, or similar structure that is in operation or under construction when damaged by an emergency declared by the Governor of the State with concurrence of the Administrator or for a disaster or emergency declared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);“(2) in the same location with the same capacity, dimensions, and design as the original airport facility, runway, taxiway, or similar structure as before the declaration described in this section; and“(3) commenced within a 2-year period beginning on the date of a declaration described in this section.“(c) The presumption that an action is covered by a categorical exclusion under subsections (a) and (b) shall not apply if the Administrator determines that extraordinary circumstances exist with respect to such action.“(d) Nothing in this section shall be construed to impact any aviation safety authority of the Administrator.“(e) In this section:“(1) The term ‘categorical exclusion’ has the meaning given such term in section 1508.1(d) of title 40, Code of Federal Regulations.“(2) The terms ‘public-use airport’ and ‘sponsor’ have the meanings given such terms in section 47102 of title 49, United States Code.”
Pub. L. 118–63, title VII, § 789,
Pub. L. 108–176, title III, § 302, “(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.”
Pub. L. 108–176, title III, § 308, “(1) any practice of seeking public comment;“(2) any power, jurisdiction, or authority that a State agency or an airport sponsor has with respect to carrying out an airport capacity enhancement project; and“(3) any obligation to comply with the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4371 [4321] et seq.) and the regulations issued by the Council on Environmental Quality to carry out such Act.”
Pub. L. 108–176, title III, § 309,