[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4163 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4163

To enable the Park Service to regulate, or prohibit, scenic commercial 
           overflights at units of the National Park System.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 24, 1994

 Mr. Williams (for himself, Mrs. Mink, Mr. DeFazio, Ms. Shepherd, Mr. 
Upton, and Mr. Stark) introduced the following bill; which was referred 
  jointly to the Committees on Natural Resources and Public Works and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
To enable the Park Service to regulate, or prohibit, scenic commercial 
           overflights at units of the National Park System.

    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 Park Scenic Overflight 
Concessions Act of 1994''.

SEC. 2. PURPOSE AND FINDINGS.

    (a) Purpose.--The purpose of this Act is to require all commercial 
air tour operators to hold a concessions permit with the Park Unit, and 
to provide Park Service authority to determine the appropriate level of 
commercial scenic tour overflight activity.
    (b) Findings.--The Congress finds that:
            (1) The National Park Service administers Federal parks, 
        monuments, and reservations, to conserve the scenery; natural, 
        cultural and historic values; wilderness values, including 
        natural quiet; and wildlife resources while providing for the 
        enjoyment of the same in such manner and by such means as will 
        leave them unimpaired for the enjoyment of future generations. 
        In recognition of these values, many park units are recognized 
        as internationally significant International Biosphere Reserves 
        and World Heritage Sites.
            (2) In order to manage National Park System units to 
        achieve the purposes for which they were established by 
        Congress, there is a need for National Park Service authority 
        to regulate commercial scenic overflight enterprises operating 
        over units of the National Park system.
            (3) It is the function of the Federal Aviation 
        Administration to manage the safe and efficient use of the 
        navigable airspace of the United States, as provided for in the 
        Federal Aviation Act of 1958 (49 U.S.C. App. 1391, et seq.); 
        and to protect the environment from adverse impacts in accord 
        with sections 307(c) and 611 of the foregoing Act and section 
        4(f) of the Department of Transportation Act (49 U.S.C. 
        1653(f)).
            (4) The auditory and visual intrusion of aircraft flying at 
        low altitudes can be incompatible with the preservation and 
        management of natural or cultural resources, the natural quiet, 
        scenery, and/or the public's enjoyment of the resources on 
        lands managed by the public land management agencies, notably 
        such sensitive areas as parks, wildlife refuges, and wilderness 
        areas.
            (5) It is the joint responsibility of these agencies to 
        resolve these incompatible situations or mitigate them to the 
        fullest extent possible in order to maintain these public lands 
        for the purposes for which they were established while 
        recognizing the public's and the Government's need to transit 
        navigable airspace.
            (6) In recognition of the values for which National Park 
        Service lands are managed, the Federal Aviation Administration 
        and the National Park Service shall act cooperatively to reduce 
        the incidence of low-flying aircraft impacts from commercial 
        scenic tour overflights by helicopters, fixed-wing aircraft, 
        blimps, and balloons over sensitive lands administered by the 
        National Park Service and to make these overflights compatible 
        with park preservation objectives.

SEC. 3. COMMERCIAL AIR TOURS.

    The Act of October 9, 1965 (16 U.S.C. 20-20g) commonly known as the 
National Park Service Concessions Policy Act is amended by adding the 
following new section at the end thereof:

``SEC. 10. COMMERCIAL AIR TOURS OVER NPS UNITS.

    ``(a) Issuance of Permits for Commercial Air Tours.--No person may 
fly an individual for compensation over any unit of the National Park 
System for the purpose of viewing any portion of such unit unless such 
person has in effect a valid commercial air tour permit issued by the 
Secretary. The Secretary may issue or deny such permits upon 
application of any person. Such permits may be issued subject to such 
conditions and restrictions as the Secretary deems necessary to protect 
the resources of such unit and to protect and enhance visitor 
enjoyment. Issuance or denial of a permit shall be consistent with the 
legislation establishing such unit, the guidelines under subsection 
(b), any applicable provisions of any general management plan in effect 
for such unit, and the provisions of law generally applicable to units 
of the national park system, including the Act of August 25, 1916 (39 
Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and the Act of August 21, 1935 (49 
Stat. 666; 16 U.S.C. 461-467). Any person who flies an individual for 
compensation over any unit of the National Park System for the purpose 
of viewing any portion of such unit shall be treated as entering such 
unit and providing a service within such unit for purposes of this Act. 
This subsection shall take effect on the date one year after the 
enactment of the National Park Scenic Overflight Concessions Act of 
1994 and shall apply to all flights described in this subsection made 
after such effective date.
    ``(b) Guidelines and Planning.--Not later than 12 months after the 
enactment of this Act, the Secretary shall publish guidelines 
applicable to commercial air tour flights over national park system 
units providing for such flights where appropriate and restricting or 
prohibiting such flights where necessary in accordance with the 
provisions of law referred to in subsection (a). Each permit under 
subsection (a) for flights at any unit of the National Park System 
shall be based on such guidelines. Any such guidelines proposed by the 
Secretary shall be submitted to the Administrator of the Federal 
Aviation Administration for review prior to adoption. Within 60 days 
after his receipt of such proposed guidelines, the Administrator shall 
provide comments and recommendations to the Secretary regarding any 
effects such guidelines may have on aircraft safety. The Secretary 
shall incorporate the Administrator's recommendations regarding 
aircraft safety in the final guidelines.
    ``(c) General Management Plans.--The Secretary may amend the 
general management plan for any national park system unit to establish 
air concessions requirements applicable to flights subject to the 
permit requirements of subsection (a). Such amendments shall be 
consistent with the provisions of law referred to in subsection (a) and 
the guidelines published under subsection (b). The amendments shall--
            ``(1) document the degree to which commercial scenic 
        overflights may affect the natural resources of the park unit 
        concerned;
            ``(2) document the effects of such overflights on the park 
        visitor's experience; and
            ``(3) propose measures necessary to protect park resources 
        and the visitor's experience from the adverse effects of 
        commercial scenic overflights.
Each permit issued under subsection (a) for flights over any national 
park system unit after the effective date of general management plan 
amendments adopted under this subsection shall be consistent with such 
amendments.
    ``(d) Penalty.--Any person who knowingly or willfully violates any 
requirement of this section or of any rule or regulation promulgated by 
the Secretary under this section shall be fined not more than $5,000 or 
imprisoned for not more than 5 years or both.''.

SEC. 4. FEDERAL AVIATION ADMINISTRATION

    (a) Reporting and Training.--The Administrator of the Federal 
Aviation Administration (hereinafter in this section referred to as the 
``Administrator''), in cooperation with the Secretary of the Interior, 
shall--
            (1) develop standardized reporting systems for the 
        documentation of low flying aircraft incidents in air space 
        over national park system units; and
            (2) develop training programs and instructional materials 
        for national park service personnel to enable them to recognize 
        and report instance of low flying aircraft incidents in air 
        space over national park system units.
    (b) Aircraft Noise.--The Administrator shall amend the regulations 
of the Federal Aviation Administration to treat aircraft noise 
abatement at national park system units as in the public interest.
    (c) Reports.--The Administrator and the Secretary of the Interior 
shall submit a joint report to the Congress within 3 years after the 
enactment of this Act containing a description of the progress made 
under this Act and other authority of law in mitigating the adverse 
effects of commercial scenic overflights at national park system units.

                                 <all>