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The Committee is concerned that airport development proceed with all due caution and concern for protection of the environment. Factors such as noise, air and water pollution, site selection consonant with the environmental surroundings and preservation of natural beauty should be taken into account.

Section 206 (d) (3) of this bill requires that the Secretary shall not approve any project application unless and until he is satisfied that fair consideration has been given to the preservation and enhancement of the environment and to the interest of communities in or near which the project may be located. In addition, the bill requires that legal notice be given, in the Federal Register, of the pendency of any project application in order that all project applications become a matter of public record.

The Committee bill retains the provisions for public hearings provided in the Federal Airport Act of 1946.

The Committee believes that should any project application for airport development assistance be objected to by any party with interest in the matter, the Secretary must have the primary responsibility to see to it that a fair and impartial hearing is afforded to ensure that the rights of all interested parties will be protected.

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NOISE

No master plan of future aviation development would be complete without provisions for the abatement of aircraft noise. Research would be continued on quieter engines, further study would

be made on improved noise abatement takeoff and approach procedures, and research would be continued on developing standards for land use planning.

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Environmental Considerations.-Sections 12 (c), 12(f), and 16(c) (4) deal with environmental factors to be considered in the development of the National Airport System Plan and in the approval of each airport development project. The Department recommends a substitute subsection to replace these provisions.

Section 4(f) of the Department of Transportation Act requires the Secretary of Transportation to consult with the Secretaries of Interior, Housing and Urban Development, and Agriculture, and with the states in developing transportation plans and programs that include measures respecting the environment. Under that section, the Secretary may not approve a program or project involving use of certain park lands unless he determines that there is no "feasible and prudent alternative" and that all possible program planning has been done to minimize environmental impact. We believe that section 12 (c), respecting consultation with the De

[p. 57]

partment of Interior regarding environmental factors, and section 12(f), requiring consultation and consideration of the views and recommendations of the Secretaries of Interior, Health, Education, and Welfare, and Agriculture, respecting preservation of environmental quality, largely duplicate the provisions of section 4(f). Section 16 (c) (4), however, would go considerably beyond section 4(f) to require project-by-project consultation with the Secretaries of Interior and Health, Education, and Welfare, regardless of the size or environmental importance of the particular undertaking. This poses a serious administrative problem and is likely to involve the Department of Transportation and the other agencies in a time-consuming review of many minor projects.

Therefore, the Department would recommend the following amendments to H.R. 14465:

1. On page 9, lines 11-13, strike out the words "the Department of Interior regarding conservation and natural resource values,". 2. On page 10, beginning with line 14, strike out all through the end of line 24 on that page, and substitute the following:

"(f) CONSULTATION CONCERNING ENVIRONMENTAL CHANGES.-It is hereby declared to be National Policy that airport development accomplished pursuant to this part shall

provide for the protection and enhancement of the natural resources and the quality of the environment of the Nation. To ensure that this policy is fully implemented in the preparation of the national airport system plan, the Secretary shall consult with and consider the views and recommendations of the Secretary of the Interior, the Secretary of Health, Education, and Welfare, and the Secretary of Agriculture." 3. On page 23, beginning with line 19, strike out all through the end of line 9 on page 24.

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1.7a (3) COMMITTEE OF CONFERENCE

H.R. REP. No. 91-1074, 91st Cong., 2d Sess. (1970)

AIRPORT AND AIRWAY DEVELOPMENT AND REVENUE ACTS OF 1970

MAY 12, 1970.-Ordered to be printed

Mr. STAGGERS, from the committee of conference,
submitted the following

CONFERENCE REPORT

[To accompany H.R. 14465]

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H.R. 14465) to provide for the expansion and improvement of the Nation's airport and airway system, for the imposition of airport and airway user charges, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

NATIONAL AIRPORT SYSTEM PLAN

*

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Consultation concerning environmental changes

Section 12 (f) of the House bill required the Secretary of Transportation to consult with the Secretaries of Interior, Health, Edu

cation, and Welfare, and Agriculture, and, to the extent the Secretary of Transportation determined to be feasible, to incorporate their recommendations with regard to the preservation of environmental quality in the national airport system plan.

Section 201 (f) of the Senate amendment contained similar requirements except that consultation with the National Council on Environmental Quality was required in lieu of consultation with the Secretary of Agriculture and the recommendations with regard to the preservation of environmental quality were required to be incorporated in the national airport system plan to the maximum degree feasible.

Section 12(f) of the conference agreement combines the provision of the House bill and the provision of the Senate amendment by requiring consultation with the Secretaries of Interior, Health, Education, and Welfare, and Agriculture, and with the National Council on Environmental Quality. Their recommendations with regard to the preservation of environmental quality are required to be incorporated in the national airport system plan to the extent that the Secretary of Transportation determines to be feasible.

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SUBMISSION AND APPROVAL OF PROJECTS FOR AIRPORT DEVELOP

MENT

Section 16 of the House bill and section 206 of the Senate amendment contained a number of similar provisions dealing with the submission to, and approval by, the Secretary of Transportation of projects for airport development. In large part, the conference agreement follows the House version. The major differences between the House bill and the conference agreement are noted below.

Approval

Section 16 (c) (3) of the House bill prohibited the Secretary from approving any airport development project unless he was satisfied that fair consideration had been given to the interest of communities in or near which the project would be located.

Section 16 (c) (4) of the House bill declared it to be national policy that airport development projects should provide for the protection and enhancement of the natural resources and the quality of environment of the Nation. In implementing this policy, the

Secretary was required to consult with the Secretaries of the Interior and Health, Education, and Welfare with regard to the effect a project might have on natural resources and other factors affecting the environment. The Secretary was prohibited from authorizing any project found to have adverse effect unless he rendered a finding, in writing, after a full and complete review which was required to be a matter of public record, that no feasible and prudent alternative existed and that all possible steps had been taken to minimize such adverse effect.

Section 206 (d) (3) of the Senate amendment declared it to be national policy that airport development projects should provide for the protection of the natural resources and the quality of environment of the Nation. In implementing this policy the Secretary was required to consider the effect of each project on factors of environmental significance. The Secretary was prohibited from approving any project unless he was satisfied that adequate consideration had been given to the preservation of the environment [p. 40]

and to the interest of the communities in or near which the project would be located.

Sections 16 (c) (3) and (4) of the conference agreement follow the House version except that the application of the provisions of paragraph (4) relating to consultation concerning the protection and enhancement of natural resources and the quality of environment of the Nation is limited to major projects involving airport location, a major runway extension, or runway location. This will obviate the necessity of applying such provisions to minor projects which, in many cases, may amount to nothing more than maintenance operations having no effect on natural resources or on the quality of the environment.

Air and water quality

Section 206 (g) of the Senate amendment contained special provisions relating to air and water quality standards. It prohibited the Secretary from approving any airport project application unless the Governor of the State in which the project would be located certified in writing to the Secretary that there was reasonable assurance that the project would be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. Where such standards had not been approved or had been promulgated by the Secretary of the Interior or by the Secretary of Health, Education, and Welfare, the certifi

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