[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2859 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2859

To prohibit commercial air tours over the Rocky Mountain National Park.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 6, 1997

    Mr. Bob Schaffer of Colorado (for himself, Mr. McInnis, Mr. Dan 
   Schaefer of Colorado, Mr. Skaggs, and Ms. DeGette) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To prohibit commercial air tours over the Rocky Mountain National Park.

    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 ``Rocky Mountain National Park 
Overflights Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the National Park Service manages the Rocky Mountain 
        National Park to conserve--
                    (A) scenery, natural, cultural and historic 
                resources and values of the park; and
                    (B) wilderness resources and values of the park, 
                including natural quiet and wildlife resources;
            (2) while carrying out the conservation objectives referred 
        to in paragraph (1), the National Park Service provides for the 
        enjoyment of the values referred to in that paragraph in a 
        manner and by a means that will leave those values unimpaired 
        for the enjoyment of future generations;
            (3) in order to manage the Rocky Mountain National Park to 
        achieve the purposes for which the park was established, it is 
        necessary to ban commercial air tours over the park;
            (4) the Federal Aviation Administration--
                    (A) manages the safe and efficient use of the 
                navigable airspace under subtitle VII of title 49, 
                United States Code; and
                    (B) protects the environment from adverse impacts 
                in accordance with sections 40103 and 44715 and 307 of 
                title 49, United States Code; and
            (5) the auditory and visual intrusion of aircraft flying at 
        low altitudes can be incompatible with the preservation and 
        management of natural or cultural resources, natural quiet, 
        scenery, and the enjoyment by the public of the resources of 
        the Rocky Mountain National Park.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) Commercial air tour.--The term ``commercial air tour'' 
        shall have the meaning provided that term by the Administrator, 
        in consultation with the Secretary.
            (3) High-altitude commercial flight.--The term ``high-
        altitude commercial flight'' shall have the meaning provided 
        that term by the Administrator.
            (4) Noncommercial general aviation.--The term 
        ``noncommercial general aviation'' shall have the meaning 
        provided that term by the Administrator.
            (5) Public operation.--The term ``public operation'' shall 
        have the meaning provided that term by the Administrator.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. BAN ON COMMERCIAL AIR TOURS.

    (a) Prohibition Relating to Commercial Air Tours.--Effective 
beginning on the date of enactment of this Act, no commercial air tour 
may be operated in the airspace over the Rocky Mountain National Park.
    (b) Regulations.--As soon as practicable after the date of 
enactment of this Act, the Administrator, in consultation with the 
Secretary, shall issue such regulations as are necessary to carry out 
the prohibition under subsection (a). The regulations issued by the 
Administrator under this subsection shall provide for enforcement in 
accordance with subtitle VII of title 49, United States Code.

SEC. 5. RULE OF CONSTRUCTION.

    Nothing in this Act may be construed to apply to the following:
            (1) Flights conducted for the purposes of the 
        administration of the Rocky Mountain National Park.
            (2) Emergency operations.
            (3) Noncommercial general aviation.
            (4) Military operations and other public operations.
            (5) High-altitude commercial flights.
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