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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 905 Introduced in Senate (IS)]

  1st Session
                                 S. 905

    To provide for the management of the airspace over units of the 
             National Park System, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                 June 9 (legislative day, June 5), 1995

   Mr. Akaka introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
    To provide for the management of the airspace over units of the 
             National Park System, 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 Airspace Management 
Act of 1995''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Commercial air tour flights over units of the National 
        Park System (referred to in this Act as ``units'') may have 
        adverse effects on the units. The flights may degrade the 
        experiences of visitors to the affected areas and may have 
        adverse effects on wildlife and cultural resources in those 
        areas. A significant number of complaints about commercial air 
        tour flights over certain areas under the jurisdiction of the 
        National Park Service have been registered.
            (2) Whereas resource preservation is the primary 
        responsibility of the National Park Service, the agency 
        continues to struggle to develop a policy that would achieve an 
        acceptable balance between flights over units by commercial air 
        tour operators and the protection of resources in the units and 
        the experiences of visitors to the units.
            (3) Whereas the mission of the Federal Aviation 
        Administration is to develop and maintain a safe and efficient 
        system of air transportation while considering the impact of 
        aircraft noise, the agency continues to have difficulty 
        adequately controlling commercial air tour flights over units.
            (4) Significant and continuing concerns exist regarding the 
        safety of commercial air tour flights over some units, 
        including concerns for the safety of occupants of the flights, 
        visitors to those units, Federal employees at those units, and 
        the general public. The concern of the Congress over the 
        effects of low-level flights on units led to the enactment, on 
        August 18, 1987, of the Act entitled ``An Act to require the 
        Secretary of the Interior to conduct a study to determine the 
        appropriate minimum altitude for aircraft flying over national 
        park system units'' (Public Law 100-91; 101 Stat. 674; 16 
        U.S.C. 1a-1 note). The Act requires the Director to identify 
        problems associated with flights by aircraft in the airspace 
        over units.
            (5) Pursuant to the Act referred to in paragraph (4), on 
        September 12, 1994, the Director submitted a report to Congress 
        entitled ``Report On Effects Of Aircraft Overflights On The 
        National Park System''. The National Park Service report 
        concluded that, because the details of national park 
        overflights problems are park-specific, no single altitude can 
        be identified for the entire National Park System. The National 
        Park Service report presented a number of recommendations for 
        resolution of the problem, including--
                    (A) the development of airspace and park use 
                resolution processes;
                    (B) the development of a single operational rule to 
                regulate air tour operations;
                    (C) seeking continued improvements in safety and 
                interagency planning related to airspace management; 
                and
                    (D) the development of a Federal Aviation 
                Administration rule to facilitate preservation of 
                natural quiet.
            (6) The policy of the National Park Service recognizes the 
        importance of natural quiet as a resource to be conserved and 
        protected in certain units. The National Park Services defines 
        natural quiet as ``the natural ambient sound conditions found 
        in certain units of the National Park Service'' and recognizes 
        that visitors to certain units may reasonably expect quiet 
        during their visits to those units established with the 
        specific goal of providing visitors with an opportunity for 
        solitude.
            (7) The number of flights by aircraft over units has 
        increased rapidly since the date of enactment of the Act 
        referred to in paragraph (4) and, due to the high degree of 
        satisfaction expressed by air tour passengers, as well as the 
        economic impact of air tour operations on the tourist industry, 
        the number of flights will likely continue to increase. A 
        progression of aesthetic and safety concerns about low altitude 
        flights have been associated with growth in commercial air tour 
        traffic. As the number of flights continues to increase, the 
        likelihood exists that there will be a concomitant increase in 
        the number of conflicts regarding management of the airspace 
        over the units.
            (8) A need exists for a Federal policy to address the 
        conflicts and problems associated with flights by commercial 
        air tour aircraft in the airspace over units. A statutory 
        process should be established to require the Secretary of 
        Transportation and the Secretary of the Interior, acting 
        through the Director, to work together to mitigate the impact 
        of commercial air tour operations on units, or specific areas 
        within units that are adversely affected by commercial air tour 
        operations.

SEC. 3. DEFINITIONS.

    For the purposes of this Act, the following definitions shall 
apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) Agreement.--The term ``agreement'' means an agreement 
        entered into by a commercial air tour operator, the Director, 
        and the Administrator under section 4(h) that provides for the 
        application of relevant provisions of an airspace management 
        plan for the unit concerned to the commercial air tour 
        operator.
            (3) Air tour aircraft.--The term ``air tour aircraft'' 
        means an aircraft (including a fixed-wing aircraft or a 
        rotorcraft) that makes air tour flights.
            (4) Air tour flight.--The term ``air tour flight'' means a 
        passenger flight conducted by air tour aircraft for the purpose 
        of permitting a passenger to the flight to view an area over 
        which the flight occurs.
            (5) Commercial air tour aircraft.--The term ``commercial 
        air tour aircraft'' means any air tour aircraft used by a 
        commercial air tour operator in providing air tour flights for 
        hire to the public.
            (6) Commercial air tour operator.--The term ``commercial 
        air tour operator'' means a company, corporation, partnership, 
        individual, or other entity that provides air tour flights for 
        hire to the public.
            (7) Council.--The term ``Council'' means the National Park 
        Overflight Advisory Council established under section 9.
            (8) Director.--The term ``Director'' means the Director of 
        the National Park Service.
            (9) Flight-free park.--The term ``flight-free park'' means 
        a unit over which commercial air tour operations are 
        prohibited.
            (10) Unit.--The term ``unit'' means a unit of the National 
        Park System.

SEC. 4. NATIONAL PARK AIRSPACE MANAGEMENT PLANS.

    (a) In General.--The Director and the Administrator shall, in 
accordance with this section, develop and establish a plan for the 
management of the airspace above each unit that is affected by 
commercial air tour flights to the extent that the Director considers 
the unit to be a unit requiring an airspace management plan.
    (b) Plan Purpose.--The purpose of each plan developed under 
subsection (a) is to minimize the adverse effects of commercial air 
tour flights on the resources of a unit.
    (c) Development of Airspace Management Plans.--
            (1) Treatment of relevant expertise.--In developing plans 
        under subsection (a), the Administrator shall defer to the 
        Director in matters relating to the identification and 
        protection of park resources, and the Director shall defer to 
        the Administrator in matters relating to the safe and efficient 
        management of airspace.
            (2) Negotiated rulemaking.--In developing a plan for a 
        unit, the Director and the Administrator shall consider 
        utilizing negotiated rulemaking procedures as specified under 
        subchapter III of chapter 5 of title 5, United States Code, if 
        the Director and the Administrator determine that the 
        utilization of those procedures is in the public interest.
    (d) Comment on Plans.--In developing a plan for a unit, the 
Director and the Administrator shall--
            (1) ensure that there is sufficient opportunity for public 
        comment by air tour operators, environmental organizations, and 
        other concerned parties; and
            (2) give due consideration to the comments and 
        recommendations of the Council and the Federal Interagency 
        Airspace/Natural Resource Coordination Group, or any successor 
        organization to that entity.
    (e) Resolution of Plan Inadequacies.--If the Director and the 
Administrator disagree with respect to any portion of a proposed plan 
under subsection (a), the Director and the Administrator shall refer 
the proposed plan to the Secretary of the Interior and the Secretary of 
Transportation, and the Secretaries shall jointly resolve the 
disagreement.
    (f) Assessment of Effects of Overflights.--The Director and the 
Administrator may jointly conduct studies to ascertain the effects of 
low-level flights of commercial air tour aircraft over units that the 
Director and the Administrator consider necessary for the development 
of plans under subsection (a).
    (g) Periodic Review.--Not less frequently than every 5 years after 
the date of establishment of a plan under subsection (a), the Director 
and the Administrator shall review the plan. The purpose of the review 
shall be to ensure that the plan continues to meet the purposes for the 
plan. The Director and the Administrator may revise a plan if they 
jointly determine, based on that review, that the revision is 
advisable.
    (h) Flights Over Units Covered by Plans.--
            (1) Agreement.--A commercial air tour operator may not 
        conduct commercial air tour flights in the airspace over a unit 
        covered by an airspace management plan developed under 
        subsection (a) unless the commercial air tour operator enters 
        into an agreement with the Director and the Administrator that 
        authorizes such flights.
            (2) Contents.--An agreement under paragraph (1) shall--
                    (A) provide for the application of relevant 
                provisions of the airspace management plan for the unit 
                concerned to the commercial air tour operator; and
                    (B) to the maximum extent practicable, provide for 
                the conduct of air tour flights by the air tour 
                operator in a manner that minimizes the adverse effects 
                of the air tour flights on the environment of the unit.

SEC. 5. FLIGHT-FREE PARKS.

    For units that, as of January 1, 1995, experienced no overflights 
by commercial air tour operators, the Director, in consultation with 
the Administrator, shall--
            (1) prescribe criteria to identify units where air tour 
        flights by commercial air tour aircraft would be incompatible 
        with or injurious to the purposes and values for which the 
        units were established;
            (2) identify any units that meet those criteria; and
            (3) designate those units as ``flight-free park'' units.

SEC. 6. SINGLE OPERATIONAL RULE FOR COMMERCIAL AIR TOUR OPERATIONS.

    (a) In General.--Except as provided in subsection (b), the 
Administrator, after notice and hearing on the record, shall issue a 
regulation governing the operation of all air tour aircraft flights by 
commercial air tour operators over units.
    (b) Separate Operational Rules.--
            (1) In general.--The Administrator may prescribe separate 
        operational rules governing the conduct of flights by fixed-
        wing aircraft and by rotorcraft if the Administrator determines 
        under subsection (a) that separate rules are warranted.
            (2) Development of operational rule.--In developing an 
        operational rule under paragraph (1), the Administrator shall--
                    (A) consider whether differences in the 
                characteristics and effects on the environment of 
                fixed-wing aircraft and rotorcraft warrant the 
                development of separate operational rules with respect 
                to that craft;
                    (B) provide a mechanism for the Director to 
                recommend individual units or geographically proximate 
                groups of units to be designated as aerial sightseeing 
                areas, as defined by section 92.01 of the Federal 
                Aviation Administration Handbook, dated January 1992; 
                and
                    (C) provide a mechanism for the Director to obtain 
                immediate assistance from the Administrator in 
                resolving issues relating to the use of airspace above 
                units with respect to which the issues are of a 
                critical, time-sensitive nature.
    (d) Effect on Agreements.--Nothing in this section is intended to 
preclude the Administrator, the Director, and a commercial air tour 
operator from entering into, under section 4(h), an agreement on the 
conduct of air tour flights by the air tour operator over a particular 
unit under different terms and conditions from those imposed by an 
operational rule promulgated under this subsection.

SEC. 7. AIRCRAFT SAFETY.

    (a) Development of a Single Standard for Certifying Commercial Air 
Tour Operators.--
            (1) Commencement of rulemaking.--The Administrator shall 
        initiate formal rulemaking proceedings (which shall include a 
        hearing on the record) for the purpose of revising the 
        regulations contained in part 135 of title 14, Code of Federal 
        Regulations (relating to air taxi operators and commercial 
        operators), to prescribe a new subpart to specifically cover 
        all commercial air tour operators (as that term shall be 
        defined by the Federal Aviation Administration under the 
        subpart) that conduct commercial air tour flights over units.
            (2) Covered matters.--The regulations prescribed under 
        subsection (a) shall address safety and environmental issues 
        with respect to commercial air tour flights over units. In 
        prescribing the regulations, the Administrator shall attempt to 
        minimize the financial and administrative burdens imposed on 
        commercial air tour operators.
    (b) Aircraft Markings.--
            (1) Requirement.--Each operator of commercial air tour 
        aircraft shall display on each air tour aircraft of the 
        operator the identification marks described in paragraph (2).
            (2) Identification marks.--The identification marks for the 
        aircraft of a commercial air tour operator shall--
                    (A) be unique to the operator;
                    (B) be not less than 36 inches in length (or a size 
                consistent with the natural configuration of the 
                aircraft fuselage);
                    (C) appear on both sides of the air tour aircraft 
                of the air tour operator and on the underside of the 
                aircraft; and
                    (D) be applied to the air tour aircraft of the air 
                tour operator in a highly visible color that contrasts 
                sharply with the original base color paint scheme of 
                the aircraft.
    (c) Aeronautical Charts.--The Administrator shall ensure that the 
boundaries of each unit and the provisions of the airspace management 
plan, operational rule, or Special Federal Aviation Regulation (SFAR), 
if any, with respect to each unit are accurately displayed on 
aeronautical charts.
    (d) Flight Monitoring Systems.--
            (1) In general.--The Administrator shall carry out a study 
        of the feasibility and advisability of requiring that 
        commercial air tour aircraft operating in the airspace over 
        units have onboard an automatic flight tracking system capable 
        of monitoring the altitude and ground position of the 
        commercial air tour aircraft.
            (2) Determination by administrator.--If the Administrator 
        determines under the study required under paragraph (1) that 
        the use of flight tracking systems in commercial air tour 
        aircraft is feasible and advisable, the Administrator and the 
        Director shall jointly develop a plan for implementing a 
        program to monitor the altitude and position of commercial air 
        tour aircraft over units.
    (e) National Data Base for Commercial Air Tour Operators.--The 
Administrator shall--
            (1) establish and maintain a data base concerning all 
        commercial air tour aircraft operated by commercial air tour 
        operators that shall be designed to provide data that shall be 
        used in making--
                    (A) determinations of--
                            (i) the scope of commercial air tour 
                        flights; and
                            (ii) accident rates for commercial air tour 
                        flights; and
                    (B) assessments of the safety of commercial air 
                tour flights; and
            (2) on the basis of the information in the data base 
        established under paragraph (1), ensure that each Flight 
        Standards District Office of the Administration that serves a 
        district in which commercial air tour operators conduct 
        commercial air tour flights is adequately staffed to carry out 
        the purposes of this Act.

SEC. 8. EXCEPTIONS.

    (a) Flight Emergencies.--This Act shall not apply to any aircraft 
experiencing an in-flight emergency, participating in search and 
rescue, firefighting or police emergency operations, carrying out park 
administration or maintenance operations, or complying with air traffic 
control instructions.
    (b) Flights by Military Aircraft.--This Act shall not apply to 
flights by military aircraft, except that the Secretary of Defense is 
encouraged to work jointly with the Secretary of Transportation and the 
Secretary of Interior in pursuing means to mitigate the impact of 
military flights over units.
    (c) Flights for Commercial Aerial Photography.--The Director and 
the Administrator shall jointly develop restrictions and fee schedules 
for aircraft or rotorcraft engaged in commercial aerial photography 
over units at altitudes that the Director and the Administrator 
determine will impact adversely the resources and values of affected 
units.

SEC. 9. NATIONAL PARK OVERFLIGHT ADVISORY COUNCIL.

    (a) Establishment.--There is established a commission to be known 
as the ``National Park Overflight Advisory Council''.
    (b) Membership.--
            (1) In general.--The Council shall be comprised of members 
        from each of the following groups, appointed jointly by the 
        Director and the Administrator:
                    (A) Environmental or conservation organizations, 
                citizens' groups, and other groups with similar 
                interests.
                    (B) The commercial air tour industry and 
                organizations with similar interests.
                    (C) Representatives of departments or agencies of 
                the Federal Government.
                    (D) Such other persons as the Administrator and the 
                Director consider appropriate.
    (c) Duties.--The Council shall--
            (1) determine the effects of commercial air tour flights in 
        the airspace over the units on the environment of the units;
            (2) determine the economic effects of restrictions or 
        prohibitions on the flights;
            (3) solicit and receive comments from interested 
        individuals and groups on the flights;
            (4) develop recommendations for means of reducing the 
        adverse effects of the flights on the units;
            (5) explore financial and other incentives that could 
        encourage manufacturers to advance the state-of-the-art in 
        quiet aircraft and rotorcraft technology and encourage 
        commercial air tour operators to implement the technology in 
        flights over units;
            (6) provide comments and recommendations to the Director 
        and the Administrator under section 4;
            (7) provide advice or recommendations to the Director, the 
        Administrator, and other appropriate individuals and groups on 
        matters relating to flights over units; and
            (8) carry out such other activities as the Director and the 
        Administrator jointly consider appropriate.
    (d) Meetings.--The Council shall first meet not later than 180 days 
after the date of enactment of this Act, and shall meet thereafter at 
the call of a majority of the members of the Council.
    (e) Administration.--
            (1) Compensation of non-federal members.--Members of the 
        Council who are not officers or employees of the Federal 
        Government shall serve without compensation for their work on 
        the Council, but shall be allowed travel expenses, including 
        per diem in lieu of subsistence, in the same manner as persons 
        employed intermittently in the Government service under section 
        5703(b) of title 5, United States Code, to the extent funds are 
        available therefor.
            (2) Compensation of federal members.--Members of the 
        Council who are officers or employees of the Federal Government 
        shall serve without compensation for their work on the Council 
        other than that compensation received in their regular public 
        employment, but shall be allowed travel expenses, including per 
        diem in lieu of subsistence, as authorized by law, to the 
        extent funds are available therefor.
    (f) Reports.--The Council shall annually submit to Congress, the 
Administrator, and the Director a report that--
            (1) describes the activities of the Council under this 
        section during the preceding year; and
            (2) sets forth the findings and recommendations of the 
        Council on matters related to the mitigation of the effects on 
        units of flights of commercial air tour operators over units.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out the provisions 
of this section.

SEC. 10. EXEMPTION FOR STATE OF ALASKA.

    Nothing in this Act shall affect--
            (1) the management of units in the State of Alaska; or
            (2) any aircraft operations over or within units in the 
        State of Alaska.
                                 <all>
S 905 IS----2
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