I

104TH CONGRESS

1ST SESSION H. R. 1954

To amend the National Park Service Concessions Policy Act to enable the

Secretary of the Interior to authorize scenic commercial overflights at

units of the National Park System, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 29 (legislative day, JUNE 28), 1995

Mr. SKAGGS introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committee on Transportation

and Infrastructure, 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 the National Park Service Concessions Policy Act

to enable the Secretary of the Interior to authorize scenic

commercial overflights at units of the National Park

System, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Park Scenic

5 Overflight Concessions Act of 1995’’.
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1 SEC. 2. PURPOSE AND FINDINGS.

2 (a) PURPOSE.—The purpose of this Act is to require

3 all operators of commercial air tours at National Park

4 System units to hold a concessions contract, and to pro5 vide the National Park Service the authority to determine

6 the appropriate level of commercial scenic tour overflight

7 activity at such units.

8 (b) FINDINGS.—The Congress finds that:

9 (1) The National Park Service manages units

10 of the National Park System to conserve the sce11 nery; natural, cultural and historic values; wilderness

12 values, including natural quiet; and wildlife re13 sources while providing for the enjoyment of the

14 same in such manner and by such means as will

15 leave them unimpaired for the enjoyment of future

16 generations. In recognition of these values, many

17 such units are recognized as internationally signifi18 cant International Biosphere Reserves and World

19 Heritage Sites.

20 (2) In order to manage National Park System

21 units to achieve the purposes for which they were es22 tablished by Congress, there is a need for National

23 Park Service authority to regulate commercial scenic

24 overflight enterprises operating over units of the

25 National Park System.
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1 (3) It is the function of the Federal Aviation

2 Administration to manage the safe and efficient use

3 of the navigable airspace of the United States, as

4 provided for in the Federal Aviation Act of 1958 (49

5 U.S.C. App. 1391, et seq.); and to protect the envi6 ronment from adverse impacts in accord with sec7 tions 307(c) and 611 of such Act and section 4(f)

8 of the Department of Transportation Act (49 U.S.C.

9 1653(f)).

10 (4) The auditory and visual intrusion of aircraft

11 flying at low altitudes can be incompatible with the

12 preservation and management of natural or cultural

13 resources, the natural quiet, scenery, and/or the

14 public’s enjoyment of the resources on lands man15 aged by the public land management agencies, nota16 bly such sensitive areas as National Parks, National

17 Wildlife Refuges, and wilderness areas.

18 (5) It is the joint responsibility of relevant

19 agencies to resolve these incompatible situations or

20 to mitigate them to the fullest extent possible in

21 order to maintain these public lands for the pur22 poses for which they were established while recogniz23 ing the public’s and the Government’s need to tran24 sit navigable airspace.
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1 (6) In recognition of the values for which Na2 tional Park System units are managed, the Federal

3 Aviation Administration and the National Park

4 Service shall act cooperatively to reduce the inci5 dence of low-flying aircraft impacts from commercial

6 scenic tour overflights by helicopters, fixed-wing air7 craft, blimps, and balloons over sensitive lands man8 aged by the National Park Service and to make

9 these overflights compatible with the purposes for

10 which such lands are managed.

11 SEC. 3. COMMERCIAL AIR TOURS.

12 The Act of October 9, 1965 (16 U.S.C. 20–20g),

13 commonly known as the National Park Service Conces14 sions Policy Act, is amended by adding the following new

15 section at the end thereof:

16 ‘‘SEC. 10. COMMERCIAL AIR TOURS CONCESSIONS.

17 ‘‘(a) COMMERCIAL AIR TOURS.—(1) No person may

18 fly an individual for compensation over any unit of the

19 National Park System for the purpose of viewing any por20 tion of such unit unless such person has in effect a valid

21 commercial air tour concession contract issued by the

22 Secretary.

23 ‘‘(2) The Secretary may issue or deny a commercial

24 air tour concession contract upon application of any per25 son, subject to such conditions and restrictions as the Sec-
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1 retary deems necessary to protect the resources of the rel2 evant unit and to protect and enhance visitor enjoyment.

3 ‘‘(3) Issuance or denial of a commercial air tour con4 cession contract shall be consistent with the legislation es5 tablishing the relevant unit, the guidelines under sub6 section (b), any applicable provisions of any general man7 agement plan in effect for the relevant unit, and the provi8 sions of law generally applicable to units of the National

9 Park System, including the Act of August 25, 1916 (39

10 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and the Act of August

11 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467).

12 ‘‘(4) Any person who flies one or more persons for

13 compensation over any unit of the National Park System

14 for the purpose of viewing any portion of such unit shall

15 be treated as entering such unit and providing a service

16 within such unit for purposes of this Act.

17 ‘‘(b) GUIDELINES AND PLANNING.—(1) Not later

18 than 12 months after the enactment of this Act, the Sec19 retary shall publish guidelines applicable to commercial air

20 tour flights over National Park System units, providing

21 for such flights where appropriate and restricting or pro22 hibiting such flights where necessary in accordance with

23 the provisions of law referred to in subsection (a).

24 ‘‘(2) Each commercial air tour concession contract

25 under subsection (a) for flights at any unit of the National
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1 Park System shall be based on and consistent with such

2 guidelines.

3 ‘‘(3) Guidelines proposed by the Secretary pursuant

4 to this subsection shall be submitted to the Administrator

5 of the Federal Aviation Administration for review prior

6 to adoption. Within 60 days after receipt of such proposed

7 guidelines, the Administrator shall provide comments and

8 recommendations to the Secretary regarding any effects

9 such guidelines may have on aircraft safety. The Secretary

10 shall incorporate the Administrator’s recommendations re11 garding aircraft safety in the final guidelines.

12 ‘‘(c) GENERAL MANAGEMENT PLANS.—The Sec13 retary may amend the general management plan for any

14 national park system unit to establish air concessions re15 quirements applicable to flights subject to the require16 ments of subsection (a). Such amendments shall be con17 sistent with the provisions of law referred to in subsection

18 (a) and the guidelines published under subsection (b). The

19 amendments shall—

20 ‘‘(1) document the degree to which commercial

21 scenic overflights may affect the natural resources of

22 the park unit concerned;

23 ‘‘(2) document the effects of such overflights on

24 the park visitor’s experience; and
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1 ‘‘(3) propose measures necessary to protect

2 park resources and the visitors experience from the

3 adverse effects of commercial scenic overflights.

4 Each concession contract issued under subsection (a) for

5 flights over any National Park System unit after the effec6 tive date of general management plan amendments adopt7 ed under this subsection shall be consistent with such

8 amendments.

9 ‘‘(d) PENALTY.—Any person who knowingly or will10 fully violates any requirement of this section or of any rule

11 or regulation promulgated by the Secretary under this sec12 tion shall be fined not more than $5,000 or imprisoned

13 for not more than 5 years or both.’’.

14 SEC. 4. FEDERAL AVIATION ADMINISTRATION.

15 (a) REPORTING AND TRAINING.—The Administrator

16 of the Federal Aviation Administration (hereinafter in this

17 section referred to as the ‘‘Administrator’’), in cooperation

18 with the Secretary of the Interior, shall—

19 (1) develop standardized reporting systems for

20 the documentation of low flying aircraft incidents in

21 air space over National Park System units; and

22 (2) develop training programs and instructional

23 materials for National Park Service personnel to en24 able them to recognize and report instance of low
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1 flying aircraft incidents in air space over national

2 park system units.

3 (b) AIRCRAFT NOISE.—The Administrator shall

4 amend the regulations of the Federal Aviation Administra5 tion to treat aircraft noise abatement at national park sys6 tem units as in the public interest.

7 (c) REPORTS.—The Administrator and the Secretary

8 of the Interior shall submit a joint report to the Congress

9 within 3 years after the enactment of this Act containing

10 a description of the progress made under this Act and

11 other authority of law in mitigating the adverse effects of

12 overflights at National Park System units.

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