[Congressional Record Volume 145, Number 127 (Monday, September 27, 1999)]
[House]
[Pages H8668-H8671]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             NATIONAL PARKS AIR TOUR MANAGEMENT ACT OF 1999

  Mr. DUNCAN. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 717) to amend title 49, United States Code, to regulate 
overflights of national parks, and for other purposes, as amended.
  The Clerk read as follows:

                                H.R. 717

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION SHORT TITLE.

       This Act may be cited as the ``National Parks Air Tour 
     Management Act of 1999''.

     SEC. 2. FINDINGS.

       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 (including 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 air tour management 
     plan for the park.
       ``(2) Application for operating authority.--
       ``(A) Application required.--Before commencing commercial 
     air tour operations over a national park (including tribal 
     lands), a commercial air tour operator shall apply to the 
     Administrator for authority to conduct the operations over 
     the park.
       ``(B) Competitive bidding for limited capacity parks.--
     Whenever an 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 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 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 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 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, in cooperation with 
     the Director, shall 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 
     superintendent for the national park that 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 title 14, Code of Federal 
     Regulations, if such activity is permitted under part 119 of 
     such title.
       ``(B) Limit on exceptions.--Not more than 5 flights in any 
     30-day period over a single national park may be conducted 
     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 title 14, Code of Federal 
     Regulations. A new entrant commercial air tour operator shall 
     apply for such authority before conducting commercial air 
     tour operations over a national park (including 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.--
       ``(A) In general.--The Administrator, in cooperation with 
     the Director, shall establish an air tour management plan for 
     any national park (including tribal lands) for which such a 
     plan is not 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 in accordance with paragraph (4).
       ``(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 an 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

[[Page H8669]]

     impact statement) and the record of decision for the 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 flight caps and curfews) for the adoption of quiet 
     aircraft technology by commercial air tour operators 
     conducting commercial air tour operations over the 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) and include 
     such justifications in the record of decision.
       ``(4) Procedure.--In establishing an air tour management 
     plan for a national park (including tribal lands), the 
     Administrator and the Director shall--
       ``(A) hold at least one public meeting with interested 
     parties to develop the 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 park, as a 
     cooperating agency under the regulations referred to in 
     subparagraph (C).
       ``(5) Judicial review.--An air tour management plan 
     developed under this subsection shall be subject to judicial 
     review.
       ``(6) Amendments.--The Administrator, in cooperation with 
     the Director, may make amendments to an air tour management 
     plan. Any such amendments shall be published in the Federal 
     Register for notice and comment. A request for amendment of 
     an 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 (including tribal lands) for which the operator is an 
     existing commercial air tour operator.
       ``(2) Requirements and limitations.--Interim operating 
     authority granted under this subsection--
       ``(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; or
       ``(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 the air tour operator 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 an 
     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) shall promote safe operations of the commercial air 
     tour;
       ``(H) shall promote the adoption of quiet technology, as 
     appropriate; and
       ``(I) shall 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.--
       ``(1) In general.--Except as provided by paragraph (2), 
     this section shall not apply to--
       ``(A) the Grand Canyon National Park;
       ``(B) tribal lands within or abutting the Grand Canyon 
     National Park; or
       ``(C) any unit of the National Park System located in 
     Alaska or any other land or water located in Alaska.
       ``(2) Exception.--This section shall apply to the Grand 
     Canyon National Park if section 3 of Public Law 100-91 (16 
     U.S.C. 1a-1 note; 101 Stat. 674-678) is no longer in effect.
       ``(3) Lake mead.--This section shall not apply to any air 
     tour operator while flying over or near the Lake Mead 
     National Recreation Area solely, as a transportation route, 
     to conduct an air tour over the Grand Canyon National Park.
       ``(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 
     (including 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 commercial air 
     tour operations 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 (or the designee 
     of the Administrator) and the Director (or the designee of 
     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

[[Page H8670]]

     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 amendments 
     made by this Act;
       (2) on commonly accepted quiet aircraft technology for use 
     in commercial air tour operations over national parks 
     (including 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 tour operations over a national park (including 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 shall 
     transmit to Congress a report on the effects 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 any overflight fees 
     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 Congress on the effectiveness of this Act in 
     providing incentives for the development and use of quiet 
     aircraft technology.

     SEC. 6. METHODOLOGIES USED TO ASSESS AIR TOUR NOISE.

       Any methodology adopted by a Federal agency to assess air 
     tour noise in any unit of the national park system (including 
     the Grand Canyon and Alaska) shall be based on reasonable 
     scientific methods.

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Tennessee (Mr. Duncan) and the gentleman from Massachusetts (Mr. 
McGovern) each will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee (Mr. Duncan).
  Mr. DUNCAN. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, H.R. 717 is an important bill. It represents an 
historic consensus among Members of Congress and between the air tour 
industry, conservationists and Federal regulators.
  Last Congress, the gentleman from Pennsylvania (Mr. Shuster), the 
gentleman from Minnesota (Mr. Oberstar), the gentleman from Illinois 
(Mr. Lipinski) and I as well as several of our distinguished colleagues 
introduced the National Parks Air Tour Management Act of 1998.
  This bill passed the House with tremendous support, but unfortunately 
foundered due to the slot controversy that overwhelmed us at the end of 
the 105th Congress.
  This bill strikes a balance between air tour operators and 
conservationists, Native American interests and jurisdictional 
divisions between the Federal Aviation Administration and the National 
Park Service. It brings together groups that started very far apart, 
Madam Speaker, and is a very good bill because of the compromise that 
it reaches.
  The bill promotes safety and quiet in national parks by establishing 
a process for developing air tour flight management in and around our 
national parks.
  It accomplishes this while ensuring that the FAA has sole authority 
to control airspace over the United States and that the National Park 
Service has the responsibility to manage park resources.
  Under this legislation, both agencies will work together to develop 
air tour management plans over national parks to ensure that these air 
tours are conducted in a safe, efficient and unintrusive, meaning very 
quiet, manner. At the same time, these air tour management plans will 
ensure that both air and land visitors to the park are able to 
experience the park's natural beauty and natural quiet.
  I have participated along with many of my colleagues in several 
hearings over the years on this issue of overflights over our national 
parks. In 1997, the gentleman from Utah (Mr. Hansen) of the 
Subcommittee on National Parks and Public Lands and myself held a field 
hearing on this issue in St. George, Utah. At that time it appeared 
that it would be extremely difficult to be able to reach a consensus on 
this matter because everyone was so far apart. However, with resolve 
and determination, we have worked out our differences and have crafted 
legislation that is acceptable to all concerned.
  Finally, Madam Speaker, I would like to acknowledge the hard work and 
dedication of the National Parks Overflights Working Group. These 
working group members were selected by the administration and represent 
the air tour, environmental and Native American communities. Together 
with the Federal Aviation Administration and the National Park Service, 
this group negotiated together and came up with a framework for 
regulating air tours over national parks.
  I am proud of the efforts made on this bill. The agreements that we 
reached will ensure that ground visitors and the elderly, disabled and 
time-constrained traveler may continue to enjoy the scenic beauty of 
our national parks for generations to come.
  We have made a few small changes in the bill to ensure that it is 
consistent with our agreement with the Committee on Resources. This is 
a good bill. I strongly urge my fellow Members to support it.
  Madam Speaker, I reserve the balance of my time.
  Mr. McGOVERN. Madam Speaker, I yield myself such time as I may 
consume.
  I rise today in support of H.R. 717, the National Parks Air Tour 
Management Act of 1999 which was reported favorably by both the 
Subcommittee on Aviation and the full Committee on Transportation and 
Infrastructure.
  I want to thank the gentleman from Tennessee (Mr. Duncan), the 
gentleman from Illinois (Mr. Lipinski) and the gentleman from Minnesota 
(Mr. Oberstar) for introducing H.R. 717. This bill addresses the 
important issue of managing air tours over America's national parks, 
and I am very proud to support it.
  For 2 years, the National Parks Overflights Working Group, comprised 
of the Federal Aviation Administration, the National Park Service, the 
air tour industry, general aviation and environmental and Native 
American interests, have held a series of discussions about the effects 
of aircraft noise on national parks. H.R. 717 is a product of those 
discussions.
  H.R. 717 balances the interests of both air tour and land visitors to 
our Nation's park system. Over the past several years, many national 
parks have experienced significant increases in the volume of air tour 
activity. Recent studies indicate that at least 5 million passengers 
viewed our Nation's parks by air last year alone. This increase in air 
traffic and the resulting noise pollution can be disturbing to the 
quiet enjoyment of hikers and other ground tourists visiting our parks.
  The bill seeks to promote safety and quiet in national parks by 
establishing a process for developing air tour flight management plans 
in and around our national parks. The bill would require commercial air 
tour operators that conduct tours in national parks or tribal lands to 
comply with an air tour management plan. The commercial air tour 
operator would have to apply for authority to conduct operations over a 
park and the FAA administrator would prescribe operating conditions and 
limitations for each air tour operator in

[[Page H8671]]

accordance with the appropriate ATMP.
  Additionally, ATMPs are to be developed through public process. The 
final record of decision is subject to judicial review. The objective 
of the ATMP is to develop acceptable measures to mitigate the adverse 
impacts of commercial air tours upon national and cultural resources in 
national parks and tribal lands.
  I urge my colleagues to support this important legislation which will 
help protect our Nation's natural and cultural resources.
  Madam Speaker, I yield back the balance of my time.
  Mr. DUNCAN. Madam Speaker, I urge all Members to support the National 
Parks Air Tour Management Act of 1999.
  Madam Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Tennessee (Mr. Duncan) that the House suspend the rules 
and pass the bill, H.R. 717, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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