[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4268 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4268

   To amend title 49, United States Code, to regulate overflights of 
                National Parks, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 1998

Mr. Duncan (for himself, Mr. Shuster, Mr. Young of Alaska, Mr. Smith of 
  Oregon, Mr. Hansen, Mr. Oberstar, Mr. Lipinski, Mr. Ensign, and Mr. 
   Gibbons) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
 Committee on Resources, 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 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 1998''.

SEC. 2. FINDINGS.

    The 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 or 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 commercial 
                air tour management plan for the park or the tribal 
                lands.
            ``(2) Application for operating authority.--
                    ``(A) Application required.--Before commencing 
                commercial air tour operations over a national park or 
                tribal lands, a commercial air tour operator shall 
                apply to the Administrator for authority to conduct the 
                operations over the park or the tribal lands.
                    ``(B) Competitive bidding for limited capacity 
                parks.--Whenever a commercial 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 national 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 national 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 national 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 commercial 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 
                shall, in cooperation with the Director, 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 national park superintendent for 
                the national park which 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 the 
                Federal Aviation Regulations (14 CFR 91.1 et seq.) if 
                such activity is permitted under part 119 of the 
                Federal Aviation Regulations (14 CFR 119.1(e)(2)).
                    ``(B) Limit on exceptions.--Not more than 5 flights 
                in any 30-day period over a single national park may be 
                exempted 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 
        enactment of this section, for operating authority under part 
        119, 121, or 135 of the Federal Aviation Regulations (14 CFR 
        119, 121, and 135, respectively). A new entrant commercial air 
        tour operator shall apply for such authority before conducting 
        commercial air tour operations over a national park or 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 of atmps.--
                    ``(A) In general.--The Administrator shall 
                establish, in cooperation with the Director, an air 
                tour management plan for any national park or tribal 
land for which such a plan is not already 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, and the agencies shall provide information that 
explains the conclusions that the agencies make in the application of 
the respective criteria. Such explanations shall be included in the 
Record of Decision and may be subject to judicial review.
                    ``(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 a 
        commercial 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 commercial 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 caps and curfews) for the adoption of quiet 
                aircraft technology by commercial air tour operators 
                conducting commercial air tour operations at the 
                national 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).
            ``(4) Procedure.--In establishing a commercial air tour 
        management plan for a national park, the Administrator and the 
        Director shall--
                    ``(A) hold at least one public meeting with 
                interested parties to develop the commercial 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 national park or tribal lands, as a 
                cooperating agency under the regulations referred to in 
                subparagraph (C).
            ``(5) Amendments.--The Administrator, in cooperation with 
        the Director, may make amendments to a commercial air tour 
        management plan. Any such amendments shall be published in the 
        Federal Register for notice and comment. A request for 
        amendment of a commercial 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 or tribal lands for which the operator is an existing 
        commercial air tour operator.
            ``(2) Requirements and limitations.--Interim operating 
        authority granted under this paragraph--
                    ``(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 enactment of 
                        this section; and
                            ``(ii) the average number of flights per 
                        12-month period used by the operator to provide 
                        such tours within the 36-month period prior to 
                        such date of enactment, and, for seasonal 
                        operations, the number of flights so used 
                        during the season or seasons covered by that 
                        12-month period;
                    ``(B) may not provide for an increase in the number 
                of commercial air tour operations conducted during any 
                time period by the commercial air tour operator above 
                the number that it was originally granted unless such 
                an increase is agreed to by the Administrator and the 
                Director;
                    ``(C) shall be published in the Federal Register to 
                provide notice and opportunity for comment;
                    ``(D) may be revoked by the Administrator for 
                cause;
                    ``(E) shall terminate 180 days after the date on 
                which a commercial air tour management plan is 
                established for the park or the tribal lands;
                    ``(F) shall promote protection of national park 
                resources, visitor experiences, and tribal lands;
                    ``(G) promote safe operations of the commercial air 
                tour;
                    ``(H) promote the adoption of quiet technology, as 
                appropriate; and
                    ``(I) allow for modifications of the operation 
                based on experience if the modification improves 
                protection of national park resources and values and of 
                tribal lands.
    ``(e) Exemptions.--This section shall not apply to--
            ``(1) the Grand Canyon National Park;
            ``(2) tribal lands within or abutting the Grand Canyon 
        National Park; or
            ``(3) any unit of the National Park System located in 
        Alaska or any other land or water located in Alaska.
    ``(f) Definitions.--In this section, the following definitions 
apply:
            ``(1) Commercial air tour operator.--The term `commercial 
        air tour operator' means any person who conducts a commercial 
        air tour operation.
            ``(2) Existing commercial air tour operator.--The term 
        `existing commercial air tour operator' means a commercial air 
        tour operator that was actively engaged in the business of 
        providing commercial air tour operations over a national park 
        at any time during the 12-month period ending on the date of 
        enactment of this section.
            ``(3) New entrant commercial air tour operator.--The term 
        `new entrant commercial air tour operator' means a commercial 
        air tour operator that--
                    ``(A) applies for operating authority as a 
                commercial air tour operator for a national park; and
                    ``(B) has not engaged in the business of providing 
                commercial air tour operations over the national park 
                or the tribal lands in the 12-month period preceding 
                the application.
            ``(4) Commercial air tour operation.--The term `commercial 
        air tour operation' means any flight, conducted for 
        compensation or hire in a powered aircraft where a purpose of 
        the flight is sightseeing over a national park, within \1/2\ 
        mile outside the boundary of any national park, or over tribal 
        lands, during which the aircraft flies--
                    ``(A) below a minimum altitude, determined by the 
                Administrator in cooperation with the Director, above 
                ground level (except solely for purposes of takeoff or 
                landing, or necessary for safe operation of an aircraft 
                as determined under the rules and regulations of the 
                Federal Aviation Administration requiring the pilot-in-
                command to take action to ensure the safe operation of 
                the aircraft); or
                    ``(B) less than 1 mile laterally from any 
                geographic feature within the park (unless more than 
                \1/2\ mile outside the boundary).
            ``(5) National park.--The term `national park' means any 
        unit of the National Park System.
            ``(6) Tribal lands.--The term `tribal lands' means Indian 
        country (as that term is defined in section 1151 of title 18, 
        United States Code) that is within or abutting a national park.
            ``(7) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Aviation Administration.
            ``(8) Director.--The term `Director' means the Director of 
        the National Park Service.''.
    (b) Clerical Amendment.--The table of sections for chapter 401 of 
title 49, United States Code, is amended by adding at the end the 
following:

``40125. Overflights of national parks.''.

SEC. 4. ADVISORY GROUP.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Administrator and the Director shall jointly 
establish an advisory group to provide continuing advice and counsel 
with respect to the operation of commercial air tours over and near 
national parks.
    (b) Membership.--
            (1) In general.--The advisory group shall be composed of--
                    (A) a balanced group of --
                            (i) representatives of general aviation;
                            (ii) representatives of commercial air tour 
                        operators;
                            (iii) representatives of environmental 
                        concerns; and
                            (iv) representatives of Indian tribes;
                    (B) a representative of the Federal Aviation 
                Administration; and
                    (C) a representative of the National Park Service.
            (2) Ex-officio members.--The Administrator and the Director 
        shall serve as ex-officio members.
            (3) Chairperson.--The representative of the Federal 
        Aviation Administration and the representative of the National 
        Park Service shall serve alternating 1-year terms as chairman 
        of the advisory group, with the representative of the Federal 
        Aviation Administration serving initially until the end of the 
        calendar year following the year in which the advisory group is 
        first appointed.
    (c) Duties.--The advisory group shall provide advice, information, 
and recommendations to the Administrator and the Director--
            (1) on the implementation of this Act and the amendment 
        made by this Act;
            (2) on commonly accepted quiet aircraft technology for use 
        in commercial air tours of national parks or tribal lands, 
        which will receive preferential treatment in a given air tour 
        management plan;
            (3) on other measures that might be taken to accommodate 
        the interests of visitors to national parks; and
            (4) at request of the Administrator and the Director, 
        safety, environmental, and other issues related to commercial 
        air tours over a national park or tribal lands.
    (d) Compensation; Support; FACA.--
            (1) Compensation and travel.--Members of the advisory group 
        who are not officers or employees of the United States, while 
        attending conferences or meetings of the group or otherwise 
        engaged in its business, or while serving away from their homes 
        or regular places of business, may be allowed travel expenses, 
        including per diem in lieu of subsistence, as authorized by 
        section 5703 of title 5, United States Code, for persons in the 
        Government service employed intermittently.
            (2) Administrative support.--The Federal Aviation 
        Administration and the National Park Service shall jointly 
        furnish to the advisory group clerical and other assistance.
            (3) Nonapplication of faca.--Section 14 of the Federal 
        Advisory Committee Act (5 U.S.C. App.) does not apply to the 
        advisory group.

SEC. 5. REPORTS.

    (a) Overflight Fee Report.--Not later than 180 days after the date 
of enactment of this Act, the Administrator of the Federal Aviation 
Administration shall transmit to Congress a report on the effects 
proposed overflight fees are likely to have on the commercial air tour 
operation industry. The report shall include, but shall not be limited 
to--
            (1) the viability of a tax credit for the commercial air 
        tour operators equal to the amount of the proposed fee charged 
        by the National Park Service; and
            (2) the financial effects proposed offsets are likely to 
        have on Federal Aviation Administration budgets and 
        appropriations.
    (b) Quiet Aircraft Technology Report.--Not later than 2 years after 
the date of enactment of this Act, the Administrator and the Director 
shall jointly transmit a report to the Congress on the effectiveness of 
this Act in providing incentives for the development and use of quiet 
aircraft technology.

SEC. 6. EXEMPTIONS.

    This Act shall not apply to--
            (1) any unit of the National Park System located in Alaska; 
        or
            (2) any other land or water located in Alaska.

SEC. 7. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) Director.--The term ``Director'' means the Director of 
        the National Park Service.
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