References in Text
The National Environmental Policy Act of 1969, referred to in subsecs. (a)(1), (span)(3)(B)(ii), and (l), 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.
Executive Order No. 13274, referred to in subsec. (m), is set out as a note under section 301 of this title.
Amendments
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 Date
Section 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.
Findings
Puspan. 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.”
Limitations
Puspan. 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 Requirements
Puspan. 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).”
