[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1093 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1093

To require the Administrator of the Federal Aviation Administration to 
establish an air tour management plan for certain areas of Hawaii, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 30, 2023

Mr. Schatz (for himself and Ms. Hirono) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To require the Administrator of the Federal Aviation Administration to 
establish an air tour management plan for certain areas of Hawaii, 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 ``Hawaii Air Tour Management Act of 
2023''.

SEC. 2. AIR TOUR MANAGEMENT PLAN FOR CERTAIN AREAS OF HAWAII.

    (a) Air Tour Management Plan.--
            (1) In general.--Notwithstanding section 40128 of title 49, 
        United States Code, subject to paragraph (2), not later than 2 
        years after the date of enactment of this section, the 
        Administrator of the Federal Aviation Administration, in 
        consultation with the Governor of Hawaii, shall establish an 
        air tour management plan for any area within the State of 
        Hawaii that is not located within the National Park System.
            (2) Requirements.--The Administrator of the Federal 
        Aviation Administration shall enter into an agreement with the 
        Governor of Hawaii to establish the contents of the plan 
        required by paragraph (1), the procedure for establishing such 
        plan (including with respect to any amendments to the plan), 
        and the responsibilities of each party to such agreement in 
        carrying out the plan.
    (b) Interim Authority.--Until the date on which the air tour 
management plan is established under subsection (a), the Administrator 
of the Federal Aviation Administration may grant an air tour operator 
operating in an area within the State of Hawaii that is not located 
within the National Park System interim operating authority for that 
area.
    (c) Non-Application of the APA.--The provisions of subchapter II of 
chapter 5, and chapter 7, of title 5, United States Code (commonly 
known as the ``Administrative Procedure Act'') shall not apply to the 
establishment of an air tour management plan under this section.
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