[Congressional Record Volume 143, Number 114 (Wednesday, September 3, 1997)]
[Senate]
[Pages S8724-S8725]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ALLARD: (for himself and Mr. Campbell):

  S. 1143. A bill to prohibit commercial air tours over the Rocky 
Mountain National Park; to the Committee on Commerce, Science, and 
Transportation.


                ROCKY MOUNTAIN NATIONAL PARK LEGISLATION

  Mr. ALLARD. Mr. President, I am here today to introduce legislation 
banning commercial tour overflights at Rocky Mountain National Park.
  Tour overflight disturbances are a growing problem at a number of 
parks. This is an issue that other Members of Congress have addressed 
in the past, and it will continue to be contentious as long as the 
natural calm treasured by park visitors is threatened.
  I commend the Members of Congress who have been involved in creating 
legislation to control national park overflights in general or in a 
particular park. Details of problems are park specific, which is why I 
am addressing the issue of overflights at Rocky Mountain National Park 
in Colorado. I hope that introduction of this legislation also serves 
to help Congress and the administration stay focused on creating a 
policy to address tour overflights at all national parks.
  The National Park Service is directed by law to protect the natural 
quiet in our National Parks. The 1916 National Park Service Organic Act 
states that the Park Service shall conserve scenery and wildlife and 
leave the areas unimpaired for future generations. Two other public 
laws explicitly state the need to preserve national parks in their 
natural state, most recently the National Parks Overflights Act of 1987 
that notes the adverse impact that overflights have on the natural 
quiet and experience. The law also insists that parks should be 
essentially free from aircraft sound intrusions. In 1996, President 
Clinton announced his commitment to the peace of our national parks by 
ordering that agencies protect them against noise intrusions from park 
overflights.
  Furthermore, surveys have indicated that more than 90 percent of park 
visitors feel that tranquility is very important, but it is not only 
the quiet atmosphere that overflights threaten; overflights also have 
the potential to adversely impact wildlife and other natural resources.
  In particular, I am concerned about proposals for helicopter 
sightseeing at Rocky Mountain National Park that could seriously 
detract from the enjoyment of other park visitors and also could have a 
negative impact on the resources and values of the park itself. I value 
the wildlife and solitude at Rocky Mountain National Park, and I 
understand fully the concern that commercial tour overflights will 
impair visitor enjoyment.
  Rocky Mountain National Park is a relatively small park in the 
Rockies, about 70 miles from Denver. The park receives nearly 3 million 
visitors each year, almost as many as Yellowstone National Park, which 
is eight times its size. The park is easily accessible, yet continues 
to provide quiet, solitude, and remoteness to visitors, especially in 
the back country.
  Several problems are specific to this mountainous park. The elevation 
of the Park does not allow a large minimum altitude, therefore, 
according to the National Park Service, natural quiet is unlikely if 
overflights are permitted at all. In addition, the terrain, consisting 
of many 13,000 foot peaks and narrow valleys, coupled with 
unpredictable weather, presents serious safety concerns. Also, the 
unique terrain of Rocky Mountain National Park would cause air traffic 
to cumulate over the popular, lower portions of the park as pilots are 
forced to navigate around the dangerous peaks and high winds.
  Not only would the overflights be concentrated directly over the most 
popular portions of the park, but more powerful, and louder, 
helicopters must be used to achieve the necessary lift at a high 
altitude.
  In August the members of the Clinton administration's appointed task 
force on commercial tour overflights toured Rocky Mountain National 
Park. One of the participants, a spokesman for the National Air 
Transportation Association observed the altitude of the park and 
extreme weather conditions and stated, ``I don't know that there's 
anything here that being in a helicopter would make that much

[[Page S8725]]

more interesting than what can be seen from the road.''
  These distinctive qualities lead to the conclusion that the best 
solution to overflight disturbance is a ban on commercial tour flights 
at Rocky Mountain National Park. It is important for me to affirm that 
this legislation would only ban commercial tour overflights. It is not 
intended to have any adverse effect on emergency, military and 
administrative flights or on commercial high-level airlines or private 
planes.
  A commercial tour overflight ban has widespread support throughout my 
State. State and local officials in areas adjacent to the park, 
including Larimer County, Grand County, and the city of Estes Park have 
indicated their concerns with flights over the park, and they support a 
ban. In the last session of Congress the entire Colorado delegation 
went on record in support of an overflight ban. The Governor of 
Colorado has also expressed a fear shared by many that such 
disturbances could cause a loss of tourism.
  Rocky Mountain National Park has been fortunate enough to be free 
from overflights to this point, partially because local towns have 
discouraged companies that might provide such services. In addition, 
there are no existing private property rights that are infringed upon 
by the implementation of a permanent commercial tour overflight ban.
  At the beginning of this year the FAA issued a temporary ban on 
sightseeing flights over Rocky Mountain National Park. However, I 
remain concerned as we await final ruling by the FAA on park 
overflights and consider the possibility that such low-flying aircraft 
could be permitted in the park.
  In 1995, one of our top Denver newspapers editorialized that the FAA 
should make Rocky Mountain National Park off-limits to low-flying 
aircraft use, the sooner the better. Now, 2 years later, it is time to 
take action on imposing a permanent ban on scenic overflights.
                                 ______