[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1369 Introduced in House (IH)]







104d CONGRESS
  1st Session
                                H. R. 1369

To provide for the regulation of the airspace over National Park System 
lands in the State of Hawaii by the Federal Aviation Administration and 
           the National Park Service, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 1995

 Mrs. Mink of Hawaii introduced the following bill; which was referred 
  to the Committee on Resources, and in addition to the Committee on 
  Transportation and Infrastructure, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To provide for the regulation of the airspace over National Park System 
lands in the State of Hawaii by the Federal Aviation Administration and 
           the National Park Service, 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. FINDINGS.

    The Congress finds the following:
            (1) The National Park Service administers Federal parks, 
        monuments, and reservations, to conserve the scenery, the 
        natural and historic objects, and wildlife therein, and 
        provides for the enjoyment of the same in such manner and by 
        such means as will leave them unimpaired for the enjoyment of 
        future generations.
            (2) 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. 1301 et seq.).
            (3) The National Park Service lands in the State of Hawaii, 
        consisting of Kaloko-Honokohau National Historical Park, 
        Kalaupapa National Historical Park, Pu'u honua o Honaunau 
        National Historical Park, Pu'u Kohola Heiau National Historic 
        Site, Haleakala National Park, and Hawaii Volcanoes National 
        Park, are managed for the purposes of wilderness preservation, 
        protecting natural, cultural, historical, and wildlife 
        resources, and for promotion of the public enjoyment and use of 
        these resources.
            (4) Haleakala and Hawaii Volcanoes National Parks are 
        designated by the United Nations as International Biosphere 
        Reserves because of their internationally significant scenery 
        and plant and animal communities, and furthermore that Hawaii 
        Volcanoes National Park is designated by the United Nations as 
        a World Heritage Site because of the significance of Mauna Loa 
        and Kilauea Volcanoes.
            (5) In recognition of the values for which National Park 
        Service lands are managed, an above ground level (AGL) minimum 
        altitude of 1,500 feet shall be established for aircraft flying 
        in airspace over certain lands administered by the National 
        Park Service.
            (6) The auditory and visual intrusion of aircraft flying at 
        low altitudes is the source of public complaint in certain 
        areas administered by the National Park Service.
            (7) Aircraft flying at low altitudes may pose a potential 
        hazard to wildlife in certain areas administered by the 
        National Park Service.
            (8) Aircraft flying at low altitudes over large 
        concentrations of migratory birds may pose a potential safety 
        hazard to pilots and passengers in certain areas administered 
        by the National Park Service.
            (9) The Federal Aviation Administration and National Park 
        Service shall act in cooperation to reduce the incidence of 
        low-flying aircraft, including fixed-wing aircraft, 
        helicopters, ultralight vehicles, balloons, and gliders over 
        National Park Service administered land by complying with the 
        1,500 feet AGL minimum altitude requirement, and to avoid 
        flying over areas which the National Park Service designates as 
        noise-sensitive, and to respect standoff distances away from 
        areas which the National Park Service designates as primary 
        visitor use areas.

SEC. 2. NATIONAL PARK SERVICE RESPONSIBILITIES.

    The Director of the National Park Service shall be responsible for 
the following:
            (1) Identification of specific areas.--Identifying specific 
        areas where low-flying aircraft may constitute an adverse 
        impact on resources and conveying specific information, 
        including annotated maps, which indicate designated flight-free 
        areas and primary visitor use areas, to the Federal Aviation 
        Administration for appropriate action as described in section 
        3.
            (2) Low-flying reporting system.--Developing and 
        implementing a standardized reporting system acceptable to the 
        Federal Aviation Administration to document instances of low-
        flying aircraft over National Park Service administered lands. 
        This reporting system shall provide for transmittal of such 
        documentation in a timely manner to the Honolulu Federal 
        Aviation Administration Flight Standards district office.
            (3) Training.--Developing training programs and 
        instructional materials for National Park Service personnel to 
        enable them to recognize and report instances of low-flying 
        aircraft in a competent and professional manner. The 
        appropriate training programs of the National Park Service 
        shall expand to incorporate the subject matter into in-service 
        training requirements. The Director of the National Park 
        Service shall seek the assistance of the Federal Aviation 
        Administration to help develop training curricula.
            (4) Quarterly meeting.--Making personnel available from the 
        National Park Service to meet quarterly with the Federal 
        Aviation Administration and affected pilots to discuss 
        resources management objectives and issues associated with low-
        flying aircraft.

SEC. 3. FEDERAL AVIATION RESPONSIBILITIES.

    The Administrator of the Federal Aviation Administration shall be 
responsible for the following:
            (1) Communication with pilots.--Communicating to pilots the 
        concerns and objectives of the National Park Service about low-
        flying aircraft in specified areas, using advisories, 
        bulletins, the Federal Aviation Administration publication The 
        Federal Aviation News, the ongoing ``Accident Prevention 
        Program'' for routine pilots' contact, and other means of 
        communications with pilots, and to impress upon pilots that 
        pilot participation is strongly encouraged to ensure protection 
        of resources and the enjoyment of natural areas by the public.
            (2) Investigations.--Investigating instances of pilot 
        deviations from the Federal Aviation Administration requested 
        minimum altitude over areas, and National Park Service-
        designated flight-free and primary visitor use areas in lands 
        administered by the National Park Service, and taking action to 
        discourage deviations with the objectives of reducing or 
        eliminating such incidents in these areas.
            (3) Military aircraft.--Assisting the National Park Service 
        in communicating with the various agencies of the Department of 
        Defense with regard to military aircraft operations over 
        National Park Service administered areas.
            (4) Availability of status and results of investigations.--
        Making available to the National Park Service, at the Federal 
        Aviation Administration Flight Standards district office, the 
        status and results of the Federal Aviation Administration's 
        investigation of instances reported by the National Park 
        Service.
            (5) Support of aviation groups.--Enlisting the support of 
        all aviation groups and organizations by requesting they 
        disseminate information about problems associated with aircraft 
        operating at low altitudes over areas administered by the 
        National Park Service.
            (6) Meetings with national park service.--Assisting the 
        National Park Service in combating problems associated with 
        low-flying aircraft by participating in appropriate meetings at 
        field and regional levels.

SEC. 4. FLIGHT RESTRICTION DESIGNATIONS.

    (a) Kaloko Honokohau, Pu'u honua o Honaunau, Pu'u kohola Heiau, and 
Kalaupapa National Historical Parks.--Inasmuch as Kaloko Honokohau, 
Pu'u honua o Honaunau, Pu'u kohola Heiau, and Kalaupapa National 
Historical Parks are mandated to protect historical, cultural, and 
religious values, and other resources considered sacred to Hawaiian 
people, all, in their entirety are considered noise-sensitive and shall 
not be overflown by commercial tour aircraft. Commercial fixed-wing 
aircraft which are not on scenic tours may overfly Kaloko Honokohau 
when it is unsafe to use alternative approaches to Keahole Airport. 
Furthermore, inasmuch as those areas are small and are entirely primary 
visitor use areas, scenic tour aircraft shall maintain a 2-mile 
standoff distance.
    (b) Haleakala National Park.--Inasmuch as Haleakala National Park 
is mandated to protect natural and cultural resources, and especially 
rare and endangered plant and animal species, magnificent scenery, and 
tranquil and unique wilderness, the Crater District and Kipahulu 
Valley, including adjacent rain forest areas within the Park, in their 
entirety, are considered noise-sensitive and shall not be overflown. 
Furthermore, inasmuch as the overlook near the Sliding Sands trailhead 
is a primary visitor use area where people often are assembled on the 
ground, a two-mile stand-off distance shall be maintained.
    (c) Hawaii Volcanoes National Park.--Inasmuch as Hawaii Volcanoes 
National Park is mandated to protect natural and cultural resources, 
and especially rare and endangered plant and animal species, 
magnificent scenery, and tranquil and unique wilderness, the designated 
wilderness areas, in their entirety, consisting of Mauna Loa, Ola's 
Forest, East Rift, and Kau Desert, and the summit of Kilauea, and the 
coastal area between Ka'aha and Kamoamoa are considered noise-sensitive 
and shall not be overflown. Furthermore, inasmuch as the Kilauea 
summit, the Chain of Craters corridor, and the Kamoamoa village sites 
are primary visitor use areas where people often are assembled on the 
ground, a 2-mile standoff distance shall be maintained.
    (d) Minimum Altitude Restriction.--It shall be unlawful for any 
fixed wing aircraft or helicopter flying under visual flight rules to 
fly at an altitude of less than 1,500 feet over the surface of any 
National Park System lands in the State of Hawaii not subject to 
subsections (a) through (c) of this section. For purposes of this 
paragraph, the term ``surface'' refers to the highest terrain within 
such lands which is within 1,500 feet laterally of the route of flight. 
For purposes of enforcement, the prohibition pursuant to this 
subsection shall be treated as a requirement established pursuant to 
section 307 of the Federal Aviation Act of 1958. To provide information 
to pilots regarding the restrictions established under this subsection, 
the Administrator of the Federal Aviation Administration shall provide 
public notice of such restrictions in appropriate Federal Aviation 
Administration publications as soon as practicable after the enactment 
of this Act.

SEC. 5. FEDERAL AVIATION ADMINISTRATION AND NATIONAL PARK SERVICE JOINT 
              RESPONSIBILITY.

    The Administrator of the Federal Aviation Administration and the 
Director of the National Park Service shall jointly be responsible for 
the following:
            (1) Additional assessments.--Assess situations in addition 
        to those specified in section 4 where impacts of aircraft 
        operations upon human, cultural, or natural resources are 
        sufficiently serious to warrant consideration of site-specific 
        action by the Federal Aviation Administration to minimize or 
        eliminate the causes of such problems.
            (2) Informational materials and scientific studies.--
        Prepare public informational materials, including printed 
        matter and audio-visual programs, for communication to pilots 
        using existing Federal Aviation Administration pilot-contact 
        meetings and programs, aviation periodicals, and other means of 
        generating pilot understanding of National Park Service 
        resources management objectives. Where appropriate, the Federal 
        Aviation Administration and the National Park Service will 
        share information on techniques of conducting scientific 
        studies and data collection to facilitate understanding of the 
        impact of aircraft operations on affected resources.
            (3) Procedures.--Work together to define procedures for use 
        at national headquarters and field office levels to address 
        overflight issues over public land areas.

SEC. 6. APPLICABILITY OF CERTAIN REGULATIONS TO CERTAIN SIGHTSEEING 
              FLIGHTS.

    Parts 91 and 135 of title 14 of the Code of Federal Regulations, 
relating to general operating and flight rules and to air taxi 
operators and commercial operators, respectively, shall apply to 
nonstop sightseeing flights that begin and end at the same airport and 
are conducted within a 25 statute mile radius of the airport.

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