1 So in original. Probably should be “subparagraph (E)(ii)(I)”.
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Editorial Notes
References in TextThe National Environmental Policy Act of 1969, referred to in subsecs. (a)(1), (span)(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 Puspan. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Amendments2024—Subsec. (a). Puspan. 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). Puspan. L. 118–63, § 783(1)(B), substituted “streamlined” for “better”.
Subsec. (span). Puspan. L. 118–63, § 783(2), added subsec. (span) and struck out former subsec. (span) 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). Puspan. L. 118–63, § 783(3), substituted “a project described or designated under subsection (span)” for “an airport capacity enhancement project at a congested airport or a project designated under subsection (span)(3)”.
Subsec. (d). Puspan. L. 118–63, § 783(4), substituted “a project described or designated under subsection (span)” for “each airport capacity enhancement project at a congested airport or a project designated under subsection (span)(3)”.
Subsec. (h). Puspan. L. 118–63, § 783(5), substituted “described in subsection (span)(1)” for “designated under subsection (span)(3) and airport capacity enhancement projects at congested airports”.
Subsec. (j). Puspan. L. 118–63, § 783(6), designated existing provisions as par. (1), inserted span, and added pars. (2) and (3).
Subsec. (k). Puspan. L. 118–63, § 783(7), substituted “a project described or designated under subsection (span)” for “an airport capacity enhancement project at a congested airport or a project designated under subsection (span)(3)”; inserted dash after “project shall” and par. (1) designation before “consider”; substituted “; and” for period at end; and added par. (2).
Subsec. (l). Puspan. L. 118–63, § 783(8), substituted “and section 1503 of title 40, Code of Federal Regulations.” for period at end.
Subsecs. (m) to (q). Puspan. 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). Puspan. L. 115–254, § 191(a)(1), inserted “general aviation airport construction or improvement projects,” after “congested airports,” in introductory provisions.
Subsec. (span)(2), (3). Puspan. L. 115–254, § 191(a)(2), added par. (2) and redesignated former par. (2) as (3).
Subsecs. (c)(1), (d), (h), (k). Puspan. L. 115–254, § 191(a)(3)–(6), substituted “subsection (span)(3)” for “subsection (span)(2)”.
Subsec. (l). Puspan. L. 115–254, § 539(q), substituted “4321” for “4371”.
Statutory Notes and Related Subsidiaries
Effective DateSection applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Puspan. L. 108–176, set out an Effective Date of 2003 Amendment note under section 106 of this title.
Categorical ExclusionsPuspan. L. 118–63, title VII, § 788, May 16, 2024, 138 Stat. 1314, provided that:“(a)Categorical Exclusion for Projects of Limited Federal Assistance.—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.
“(span)Categorical Exclusion in Emergencies.—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)Extraordinary Circumstances.—The presumption that an action is covered by a categorical exclusion under subsections (a) and (span) shall not apply if the Administrator determines that extraordinary circumstances exist with respect to such action.
“(d)Rule of Construction.—Nothing in this section shall be construed to impact any aviation safety authority of the Administrator.
“(e)Definitions.—In this section:“(1)Categorical exclusion.—The term ‘categorical exclusion’ has the meaning given such term in section 1508.1(d) of title 40, Code of Federal Regulations.
“(2)Public-use airport; sponsor.—The terms ‘public-use airport’ and ‘sponsor’ have the meanings given such terms in section 47102 of title 49, United States Code.”
Updating Presumed To Conform LimitsPuspan. L. 118–63, title VII, § 789, May 16, 2024, 138 Stat. 1315, provided that: “Not later than 24 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall take such actions as are necessary to update the FAA’s [Federal Aviation Administration’s] list of actions that are presumed to conform to a State implementation plan pursuant to section 93.153(f) of title 40, Code of Federal Regulations, to include projects relating to the construction of aircraft hangars.”
FindingsPuspan. L. 108–176, title III, § 302, Dec. 12, 2003, 117 Stat. 2533, provided that: “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.”
LimitationsPuspan. L. 108–176, title III, § 308, Dec. 12, 2003, 117 Stat. 2539, provided that: “Nothing in this subtitle [subtitle A (§§ 301–309) of title III of Puspan. L. 108–176, enacting this subchapter, amending sections 40104, 47106, and 47504 of this title, and enacting provisions set out as notes under this section], including any amendment made by this title [enacting this subchapter and amending sections 40104, 40128, 47106, 47503, and 47504 of this title], shall preempt or interfere with—“(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.”
Relationship to Other RequirementsPuspan. L. 108–176, title III, § 309, Dec. 12, 2003, 117 Stat. 2540, provided that: “The coordinated review process required under the amendments made by this subtitle [enacting this subchapter and amending sections 40104, 47106, and 47504 of this title] shall apply to an airport capacity enhancement project at a congested airport whether or not the project is designated by the Secretary of Transportation as a high-priority transportation infrastructure project under Executive Order 13274 [49 U.S.C. 301 note] (67 Fed. Reg. 59449; relating to environmental stewardship and transportation infrastructure project reviews).”
