Home > 106th Congressional Bills > H.R. 717 (ih) To amend title 49, United States Code, to regulate overflights of national parks, and for other purposes. [Introduced in House] ...H.R. 717 (ih) To amend title 49, United States Code, to regulate overflights of national parks, and for other purposes. [Introduced in House] ...
106th CONGRESS
1st Session
H. R. 717
_______________________________________________________________________
AN ACT
To amend title 49, United States Code, to regulate overflights of
national parks, and for other purposes.
106th CONGRESS
1st Session
H. R. 717
_______________________________________________________________________
AN ACT
To amend title 49, United States Code, to regulate overflights of
national parks, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Parks Air Tour Management
Act of 1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Federal Aviation Administration has sole authority
to control airspace over the United States;
(2) the Federal Aviation Administration has the authority
to preserve, protect, and enhance the environment by
minimizing, mitigating, or preventing the adverse effects of
aircraft overflights of public and tribal lands;
(3) the National Park Service has the responsibility of
conserving the scenery and natural and historic objects and
wildlife in national parks and of providing for the enjoyment
of the national parks in ways that leave the national parks
unimpaired for future generations;
(4) the protection of tribal lands from aircraft
overflights is consistent with protecting the public health and
welfare and is essential to the maintenance of the natural and
cultural resources of Indian tribes;
(5) the National Parks Overflights Working Group, composed
of general aviation, commercial air tour, environmental, and
Native American representatives, recommended that the Congress
enact legislation based on the Group's consensus work product;
and
(6) this Act reflects the recommendations made by that
Group.
SEC. 3. AIR TOUR MANAGEMENT PLANS FOR NATIONAL PARKS.
(a) In General.--Chapter 401 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 40125. Overflights of national parks
``(a) In General.--
``(1) General requirements.--A commercial air tour operator
may not conduct commercial air tour operations over a national
park (including tribal lands) except--
``(A) in accordance with this section;
``(B) in accordance with conditions and limitations
prescribed for that operator by the Administrator; and
``(C) in accordance with any applicable air tour
management plan for the park.
``(2) Application for operating authority.--
``(A) Application required.--Before commencing
commercial air tour operations over a national park
(including tribal lands), a commercial air tour
operator shall apply to the Administrator for authority
to conduct the operations over the park.
``(B) Competitive bidding for limited capacity
parks.--Whenever an air tour management plan limits the
number of commercial air tour operations over a
national park during a specified time frame, the
Administrator, in cooperation with the Director, shall
issue operation specifications to commercial air tour
operators that conduct such operations. The operation
specifications shall include such terms and conditions
as the Administrator and the Director find necessary
for management of commercial air tour operations over
the park. The Administrator, in cooperation with the
Director, shall develop an open competitive process for
evaluating proposals from persons interested in
providing commercial air tour operations over the park.
In making a selection from among various proposals
submitted, the Administrator, in cooperation with the
Director, shall consider relevant factors, including--
``(i) the safety record of the person
submitting the proposal or pilots employed by
the person;
``(ii) any quiet aircraft technology
proposed to be used by the person submitting
the proposal;
``(iii) the experience of the person
submitting the proposal with commercial air
tour operations over other national parks or
scenic areas;
``(iv) the financial capability of the
company;
``(v) any training programs for pilots
provided by the person submitting the proposal;
and
``(vi) responsiveness of the person
submitting the proposal to any relevant
criteria developed by the National Park Service
for the affected park.
``(C) Number of operations authorized.--In
determining the number of authorizations to issue to
provide commercial air tour operations over a national
park, the Administrator, in cooperation with the
Director, shall take into consideration the provisions
of the air tour management plan, the number of existing
commercial air tour operators and current level of
service and equipment provided by any such operators,
and the financial viability of each commercial air tour
operation.
``(D) Cooperation with nps.--Before granting an
application under this paragraph, the Administrator, in
cooperation with the Director, shall develop an air
tour management plan in accordance with subsection (b)
and implement such plan.
``(3) Exception.--
``(A) In general.--If a commercial air tour
operator secures a letter of agreement from the
Administrator and the superintendent for the national
park that describes the conditions under which the
commercial air tour operation will be conducted, then
notwithstanding paragraph (1), the commercial air tour
operator may conduct such operations over the national
park under part 91 of title 14, Code of Federal
Regulations, if such activity is permitted under part
119 of such title.
``(B) Limit on exceptions.--Not more than 5 flights
in any 30-day period over a single national park may be
conducted under this paragraph.
``(4) Special rule for safety requirements.--
Notwithstanding subsection (c), an existing commercial air tour
operator shall apply, not later than 90 days after the date of
the enactment of this section, for operating authority under
part 119, 121, or 135 of title 14, Code of Federal Regulations.
A new entrant commercial air tour operator shall apply for such
authority before conducting commercial air tour operations over
a national park (including tribal lands). The Administrator
shall act on any such application for a new entrant and issue a
decision on the application not later than 24 months after it
is received or amended.
``(b) Air Tour Management Plans.--
``(1) Establishment.--
``(A) In general.--The Administrator, in
cooperation with the Director, shall establish an air
tour management plan for any national park (including
tribal lands) for which such a plan is not in effect
whenever a person applies for authority to conduct a
commercial air tour operation over the park. The air
tour management plan shall be developed by means of a
public process in accordance with paragraph (4).
``(B) Objective.--The objective of any air tour
management plan shall be to develop acceptable and
effective measures to mitigate or prevent the
significant adverse impacts, if any, of commercial air
tours upon the natural and cultural resources, visitor
experiences, and tribal lands.
``(2) Environmental determination.--In establishing an air
tour management plan under this subsection, the Administrator
and the Director shall each sign the environmental decision
document required by section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332) (including a finding of no
significant impact, an environmental assessment, and an
environmental impact statement) and the record of decision for
the air tour management plan.
``(3) Contents.--An air tour management plan for a national
park--
``(A) may limit or prohibit commercial air tour
operations;
``(B) may establish conditions for the conduct of
commercial air tour operations, including commercial
air tour operation routes, maximum or minimum
altitudes, time-of-day restrictions, restrictions for
particular events, maximum number of flights per unit
of time, intrusions on privacy on tribal lands, and
mitigation of adverse noise, visual, or other impacts;
``(C) may apply to all commercial air tour
operations;
``(D) shall include incentives (such as preferred
commercial air tour operation routes and altitudes and
relief from flight caps and curfews) for the adoption
of quiet aircraft technology by commercial air tour
operators conducting commercial air tour operations
over the park;
``(E) shall provide a system for allocating
opportunities to conduct commercial air tours if the
air tour management plan includes a limitation on the
number of commercial air tour operations for any time
period; and
``(F) shall justify and document the need for
measures taken pursuant to subparagraphs (A) through
(E) and include such justifications in the record of
decision.
``(4) Procedure.--In establishing an air tour management
plan for a national park (including tribal lands), the
Administrator and the Director shall--
``(A) hold at least one public meeting with
interested parties to develop the air tour management
plan;
``(B) publish the proposed plan in the Federal
Register for notice and comment and make copies of the
proposed plan available to the public;
``(C) comply with the regulations set forth in
sections 1501.3 and 1501.5 through 1501.8 of title 40,
Code of Federal Regulations (for purposes of complying
with the regulations, the Federal Aviation
Administration shall be the lead agency and the
National Park Service is a cooperating agency); and
``(D) solicit the participation of any Indian tribe
whose tribal lands are, or may be, overflown by
aircraft involved in a commercial air tour operation
over the park, as a cooperating agency under the
regulations referred to in subparagraph (C).
``(5) Judicial review.--An air tour management plan
developed under this subsection shall be subject to judicial
review.
``(6) Amendments.--The Administrator, in cooperation with
the Director, may make amendments to an air tour management
plan. Any such amendments shall be published in the Federal
Register for notice and comment. A request for amendment of an
air tour management plan shall be made in such form and manner
as the Administrator may prescribe.
``(c) Determination of Commercial Air Tour Operation Status.--In
making a determination of whether a flight is a commercial air tour
operation, the Administrator may consider--
``(1) whether there was a holding out to the public of
willingness to conduct a sightseeing flight for compensation or
hire;
``(2) whether a narrative that referred to areas or points
of interest on the surface below the route of the flight was
provided by the person offering the flight;
``(3) the area of operation;
``(4) the frequency of flights conducted by the person
offering the flight;
``(5) the route of flight;
``(6) the inclusion of sightseeing flights as part of any
travel arrangement package offered by the person offering the
flight;
``(7) whether the flight would have been canceled based on
poor visibility of the surface below the route of the flight;
and
``(8) any other factors that the Administrator considers
appropriate.
``(d) Interim Operating Authority.--
``(1) In general.--Upon application for operating
authority, the Administrator shall grant interim operating
authority under this subsection to a commercial air tour
operator for commercial air tour operations over a national
park (including tribal lands) for which the operator is an
existing commercial air tour operator.
``(2) Requirements and limitations.--Interim operating
authority granted under this subsection--
``(A) shall provide annual authorization only for
the greater of--
``(i) the number of flights used by the
operator to provide such tours within the 12-
month period prior to the date of the enactment
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