[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1954 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1954

To amend the National Park Service Concessions Policy Act to enable the 
Secretary of the Interior to authorize scenic commercial overflights at 
       units of the National Park System, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                June 29 (legislative day, June 28), 1995

  Mr. Skaggs 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 amend the National Park Service Concessions Policy Act to enable the 
Secretary of the Interior to authorize scenic commercial overflights at 
       units of the National Park System, 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 Park Scenic Overflight 
Concessions Act of 1995''.

SEC. 2. PURPOSE AND FINDINGS.

    (a) Purpose.--The purpose of this Act is to require all operators 
of commercial air tours at National Park System units to hold a 
concessions contract, and to provide the National Park Service the 
authority to determine the appropriate level of commercial scenic tour 
overflight activity at such units.
    (b) Findings.--The Congress finds that:
            (1) The National Park Service manages units of the National 
        Park System 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 such 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 such 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 National Parks, National Wildlife 
        Refuges, and wilderness areas.
            (5) It is the joint responsibility of relevant agencies to 
        resolve these incompatible situations or to 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 
        System units 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 managed by the 
        National Park Service and to make these overflights compatible 
        with the purposes for which such lands are managed.

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 CONCESSIONS.

    ``(a) Commercial Air Tours.--(1) 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 concession contract issued by the 
Secretary.
    ``(2) The Secretary may issue or deny a commercial air tour 
concession contract upon application of any person, subject to such 
conditions and restrictions as the Secretary deems necessary to protect 
the resources of the relevant unit and to protect and enhance visitor 
enjoyment.
    ``(3) Issuance or denial of a commercial air tour concession 
contract shall be consistent with the legislation
 establishing the relevant unit, the guidelines under subsection (b), 
any applicable provisions of any general management plan in effect for 
the relevant 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).
    ``(4) Any person who flies one or more persons 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.
    ``(b) Guidelines and Planning.--(1) 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).
    ``(2) Each commercial air tour concession contract under subsection 
(a) for flights at any unit of the National Park System shall be based 
on and consistent with such guidelines.
    ``(3) Guidelines proposed by the Secretary pursuant to this 
subsection shall be submitted to the Administrator of the Federal 
Aviation Administration for review prior to adoption. Within 60 days 
after 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 
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 visitors experience from the adverse effects of 
        commercial scenic overflights.
Each concession contract 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 overflights at National Park System units.
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