```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2428 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2428

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

              August 25 (legislative day, August 18), 1994

   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 the 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 1994''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Air tour flights over units of the National Park System 
        may have adverse effects on such units.
            (2) Congressional concern over the effects of low-level 
        flights on the units of the National Park System led to the 
        enactment 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'', approved August 18, 1987 (Public Law 100-91; 101 Stat. 
        674; 16 U.S.C. 1a-1 note). The Act required the Director to 
        identify problems associated with flights by aircraft in the 
        airspace over the units of the National Park System.
            (3) The number of flights by aircraft over units of the 
        National Park System has increased rapidly since the enactment 
        of the Act, and the National Park Service continues to struggle 
        to develop a policy which would achieve an acceptable balance 
        between flights over such units by commercial air tour 
        operators and the protection of the resources in such units and 
        the experiences of visitors to such units.
            (4) Visitors to certain units of the National Park System 
        may reasonably expect quiet during their visits to such units, 
        particularly visitors to units established with the specific 
        goal of providing visitors to the units with an opportunity for 
        solitude.
            (5) Natural quiet is an inherent resource of certain units 
        of the National Park System. It is in the public interest that 
        natural quiet at such units be conserved in the same manner as 
        other resources under the care and jurisdiction of the National 
        Park Service.
            (6) The public has registered a significant number of 
        complaints about commercial air tour flights over certain areas 
        under the jurisdiction of the National Park Service.
            (7) Such flights may degrade the experiences of visitors to 
        the affected areas and may have adverse effects on wildlife and 
        cultural resources in such areas.
            (8) The Federal Aviation Administration continues to have 
        difficulty controlling adequately commercial air tour flights 
        by aircraft over units of the National Park System that are 
        adversely affected by such flights.
            (9) There are significant and continuing concerns about the 
        safety of commercial air tour flights over some units of the 
        National Park System, including concerns for the safety of 
        occupants of the flights, of visitors to such units, of Federal 
        Government employees at such units, and of the general public.

SEC. 3. MINIMIZATION OF EFFECTS OF COMMERCIAL AIR TOUR FLIGHTS OVER 
              UNITS OF THE NATIONAL PARK SYSTEM.

    (a) Prohibition on Flights Below Certain Altitudes.--(1) 
Notwithstanding any other provision of law and subject to paragraph 
(2), a commercial air tour operator may not conduct the portion of a 
commercial air tour flight that takes place over a unit of the National 
Park System at an altitude that is less than 3,000 feet above ground 
level.
    (2) The prohibition in paragraph (1) may not be construed to 
prohibit an agreement among a commercial air tour operator, the 
Administrator, and the Director which establishes a minimum flight 
altitude for commercial air tour flights of the operator over a 
particular unit of the National Park System that differs from the 
minimum flight altitude set forth in that paragraph.
    (b) Additional Actions To Minimize Effects.--Notwithstanding any 
other provision of law, the Administrator and the Director shall 
jointly take such actions as the Administrator and the Director 
determine appropriate in order--
            (1) to determine the most practical and effective means of 
        minimizing the effects of commercial air tour flights over 
        units of the National Park System;
            (2) to implement such means; and
            (3) to conduct periodic training of the employees of the 
        Federal Aviation Administration and the National Park Service 
        on matters relating to the implementation of such means.

SEC. 4. DEVELOPMENT OF SINGLE STANDARD FOR CERTIFYING COMMERCIAL AIR 
              TOUR OPERATORS.

    (a) Commencement of Rulemaking.--Not later than 90 days after the 
date of the enactment of this Act, the Administrator shall initiate 
formal rulemaking procedures for the purpose of prescribing a new 
subpart of part 135 of title 14, Code of Federal Regulations (relating 
to air taxi operators and commercial operators), which would 
specifically cover all commercial air tour operators (as that term will 
be defined by the Federal Aviation Administration under the subpart) 
that conduct commercial air tour flights over units of the National 
Park System.
    (b) Covered Matters.--The subpart prescribed under subsection (a) 
shall contain regulations that address safety and environmental issues 
with respect to commercial air tour flights over units of the National 
Park System. In prescribing the subpart, the Administrator shall 
attempt to minimize the financial and administrative burdens imposed on 
commercial air tour operators by such regulations.
    (c) Completion.--The Administrator shall--
            (1) complete prescription of the regulations referred to in 
        subsection (a) not later than the end of the 1-year period 
        beginning on the date of the enactment of this Act; or
            (2) if the Administrator does not complete the prescription 
        by the end of that period, submit to Congress a report at the 
        end of that period which report shall--
                    (A) provide an explanation of the failure of the 
                Administrator to complete the prescription within that 
                period; and
                    (B) describe the status of the regulations to be 
                prescribed.

SEC. 5. DEVELOPMENT OF OPERATIONAL RULE FOR COMMERCIAL AIR TOUR 
              OPERATIONS OVER UNITS OF THE NATIONAL PARK SYSTEM.

    (a) Requirement.--(1) Except as provided in paragraph (2), the 
Administrator shall initiate formal rulemaking procedures for the 
purpose of prescribing a single operational rule which would govern the 
conduct of fixed-wing and rotorcraft flights by commercial air tour 
operators over the units of the National Park System. The Administrator 
shall initiate such procedures not later than 90 days after the date of 
the enactment of this Act.
    (2) 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 (b)(1) that 
separate rules are warranted.
    (b) Considerations.--In developing an operational rule under 
subsection (a), the Administrator shall--
            (1) 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 such craft;
            (2) 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 
        Federal Aviation Administration Handbook 92.01, dated January 
        1992; and
            (3) provide a mechanism for the Director to obtain 
        immediate assistance from the Administrator in resolving issues 
        relating to the use of airspace above units which issues are of 
        a critical, time-sensitive nature.
    (c) Completion.--The Administrator shall--
            (1) complete prescription of the regulations referred to in 
        subsection (a) not later than the end of the 1-year period 
        beginning on the date of the enactment of this Act; or
            (2) if the Administrator does not complete the prescription 
        by the end of that period, submit to Congress a report at the 
        end of that period which report shall--
                    (A) provide an explanation for the failure of the 
                Administrator to complete the prescription within that 
                period; and
                    (B) describe the status of the regulations to be 
                prescribed.
    (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 an agreement under section 7 (including an 
agreement under subsection (c)(3) or (d)(1) of that section) on the 
conduct of air tour flights by the air tour operator over a particular 
unit of the National Park System under different terms and conditions 
than those imposed by the operational rule or rules prescribed under 
this section.

SEC. 6. FLIGHT-FREE PARKS.

    (a) Designation of Units.--Not later than 1 year after the date of 
the enactment of this Act, the Director, in consultation with the 
Administrator, shall--
            (1) prescribe criteria to identify units of the National 
        Park System where air tour flights by commercial air tour 
        aircraft are incompatible with or injurious to the purposes and 
        values for which such units were established;
            (2) identify any units of the National Park System which 
        meet such criteria; and
            (3) designate such units as units of the National Park 
        System covered by this section.
    (b) Requirements Relating to Criteria.--In prescribing criteria 
under subsection (a), the Director--
            (1) shall ensure sufficient opportunity for public comment;
            (2) shall give due consideration to the comments and 
        recommendations of the National Park Overflight Advisory 
        Council established under section 10 and of the Federal 
        Interagency Airspace/Natural Resource Coordination Group, or 
        any successor organization to that entity; and
            (3) may utilize the authority to engage in negotiated 
        rulemaking under subchapter III of chapter 5 of title 5, United 
        States Code.
    (c) Effect of Designation.--
            (1) Prohibition.--Except as provided in paragraphs (2) and 
        (3), commercial air tour flights may not be conducted in the 
        airspace over any unit of the National Park System designated 
        under subsection (a)(3).
            (2) Operators conducting flights before 1994.--
                    (A) In general.--Subject to subparagraph (B) and 
                paragraph (4), a commercial air tour operator that 
                conducted commercial air tour flights in the airspace 
                over a unit designated under subsection (a)(3) as of 
                December 31, 1993, may continue to conduct flights in 
                that airspace.
                    (B) Limitation.--The number of commercial air tour 
                flights over a unit that a commercial air tour operator 
                may conduct under this paragraph in any year after 1994 
                may not exceed the number of such flights that the 
                operator conducted over the unit during 1993.
            (3) Operators commencing flights after 1993.--
                    (A) In general.--Subject to subparagraph (B) and 
                paragraph (4), a commercial air tour operator that 
                commences, during the period beginning on January 1, 
                1994, and ending on the date of the enactment of this 
                Act, the conduct of commercial air tour flights in the 
                airspace over a unit designated under subsection (a)(3) 
                may continue to conduct flights in that airspace.
                    (B) Limitation.--The number of commercial air tour 
                flights over a unit that a commercial air tour operator 
                may conduct under this paragraph in any month after 
                December 1994 may not exceed the average number of 
                flights per month that the operator conducted over the 
                unit during the period referred to in subparagraph (A).
            (4) Effect of sale or discontinuation of operations.--
                    (A) Prohibition on sale.--The authority of a 
                commercial air tour operator to conduct commercial air 
                tour flights under paragraph (2) or (3) may not be 
                sold, conveyed, or otherwise transferred.
                    (B) Discontinuation.--Upon the discontinuation by a 
                commercial air tour operator of commercial air tour 
                flights over a unit of the National Park System under 
                paragraph (2) or (3), the authority of the air tour 
                operator to conduct such flights over that unit shall 
                terminate.

SEC. 7. FLIGHTS OVER OTHER UNITS OF THE NATIONAL PARK SYSTEM.

    (a) National Park Airspace Management Plans.--
            (1) In general.--The Director and the Administrator shall 
        establish in accordance with this subsection a plan for the 
        management of the airspace above each unit of the National Park 
        System not designated under section 6 that--
                    (A) is affected by commercial air tour flights to 
                such an extent that the Director considers the unit to 
                be a unit requiring an airspace management plan; or
                    (B) is a unit over which--
                            (i) no commercial air tour flights occurred 
                        on or before the date of the enactment of this 
                        Act; and
                            (ii) a commercial air tour operator 
                        proposes to conduct commercial air tour flights 
                        after that date.
            (2) Plan purpose.--The purpose of a plan under this 
        subsection is to minimize the adverse effects of commercial air 
        tour flights on the resources of a unit of the National Park 
        System.
    (b) Development of Airspace Management Plans.--
            (1) In general.--
                    (A) Affected units.--The Director and the 
                Administrator shall jointly develop a plan for the 
                management of the airspace above a unit of the National 
                Park System referred to in subsection (a)(1)(A) not 
                later than 1 year after the date of the determination 
                by the Director under that subsection that the unit 
                requires such a plan.
                    (B) Units subject to proposed operations.--In the 
                case of a unit referred to in subsection (a)(1)(B), the 
                Director and the Administrator shall jointly develop a 
                plan for the management of the airspace over the unit 
                not later than 180 days after the date on which a 
                commercial air tour operator first submits to the 
                Director a proposal referred to in that subsection. The 
                proposal shall include any information that the 
                Director and the Administrator consider necessary in 
                order to evaluate fully the proposal.
            (2) Treatment of relevant expertise.--In developing plans 
        under paragraph (1), 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.
            (3) Negotiated rulemaking.--In developing a plan for a 
        unit, the Director and the Administrator shall jointly--
                    (A) determine whether the utilization of negotiated 
                rulemaking procedures under subchapter III of chapter 5 
                of title 5, United States Code, in the development of 
                the plan is in the public interest; and
                    (B) if the Director and the Administrator determine 
                that such utilization is in the public interest, 
                develop the plan utilizing procedures for such 
                rulemaking under that subchapter.
            (4) Comment on plans.--In developing a plan for a unit, the 
        Director and the Administrator shall--
                    (A) ensure sufficient opportunity for public 
                comment; and
                    (B) give due consideration to the comments and 
                recommendations of the National Park Overflight 
                Advisory Council established under section 10 and the 
                Federal Interagency Airspace/Natural Resource 
                Coordination Group, or any successor organization to 
                that entity.
            (5) Resolution of plan inadequacies.--If the Director and 
        the Administrator disagree with respect to any portion of a 
        proposed plan under this subsection, the Director and the 
        Administrator shall refer the proposed plan to the Secretary of 
        the Interior and the Secretary of Transportation who shall 
        jointly resolve the disagreement.
            (6) Assessment of effects of overflights.--The Director and 
        the Administrator may jointly conduct any studies to ascertain 
        the effects of low-level flights of commercial air tour 
        aircraft over units of the National Park System that the 
        Director and the Administrator consider necessary for the 
        development of plans under this subsection.
            (7) Periodic review.--The Director and the Administrator 
        shall periodically review each plan developed under this 
        subsection. The purpose of the review is to ensure that the 
        plan continues to meet the purpose of the plan under this 
        subsection. The Director and the Administrator may revise a 
        plan if they determine based on such review that such revision 
        is advisable.
    (c) Flights Over Units Requiring Management Plans.--
            (1) Flights over units covered by plans.--A commercial air 
        tour operator may not conduct commercial air tour flights in 
        the airspace over a unit of the National Park System covered by 
        an airspace management plan developed under subsection (b) 
        unless the commercial air tour operator enters into an 
        agreement with respect to the conduct of such flights under 
        paragraph (3).
            (2) Flights pending development of plans.--
                    (A) Flights by existing operators.--
                            (i) In general.--A commercial air tour 
                        operator described in clause (ii) may conduct 
                        commercial air tour operations in the airspace 
                        over a unit described in that clause during the 
                        period of the development of an airspace 
                        management plan for the unit under this 
                        section. The number of such flights during any 
                        day in that period may not exceed the average 
                        daily number of commercial air tour flights 
                        conducted by the air tour operator during the 
                        12-month period ending on the date of the 
                        commencement of the development of the plan 
                        under this section.
                            (ii) Covered operators.--Clause (i) applies 
                        to any commercial air tour operator that 
                        conducts commercial air tour flights over a 
                        unit of the National Park System for which the 
                        Director determines under subsection (a) that 
                        an airspace management plan is required if the 
                        commercial air tour operator conducts such 
                        flights over the unit as of the date of that 
                        determination.
                    (B) Flights by potential operators.--Except as 
                provided in subparagraph (A), a commercial air tour 
                operator may not conduct commercial air tour flights 
                over a unit of the National Park System referred to in 
                clause (ii) of that subparagraph during the period 
                referred to in clause (i) of that subparagraph.
            (3) Agreement.--An agreement referred to in paragraph (1) 
        is an agreement among a commercial air tour operator, the 
        Director, and the Administrator which provides for the 
        application of relevant provisions of the airspace management 
        plan for the unit concerned to the commercial air tour operator 
        entering into the agreement.
    (d) Flight Over Units Not Requiring Management Plans.--
            (1) Requirement for agreement.--A commercial air tour 
        operator may not conduct commercial air tour flights over a 
        unit of the National Park System for which no airspace 
        management plan is required under this section unless the 
        commercial air tour operator enters into an agreement with the 
        Director and the Administrator relating to the conduct of such 
        flights. The terms and conditions of the agreement shall, 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 effect of such air tour flights on the 
        environment of the unit.
            (2) Flights pending agreement.--A commercial air tour 
        operator that conducts commercial air tour flights over a unit 
        referred to in paragraph (1) on the date of the enactment of 
        this Act may continue to conduct such flights during 
        negotiations for the agreement referred to in paragraph (1). 
        The number of such flights during any day in that period may 
        not exceed the average daily number of commercial air tour 
        flights conducted by the air tour operator during the 12-month 
        period ending on the date of the commencement of negotiations 
        for the agreement.
    (e) Resolution of Disputes in Entering Into Agreements.--
            (1) Resolution.--In the event of a dispute between a 
        commercial air tour operator and the Director and the 
        Administrator during entry into an agreement under subsection 
        (c) or (d), the Director, the Administrator, and the air tour 
        operator shall attempt to resolve the dispute using the dispute 
        resolution proceedings authorized under subchapter IV of 
        chapter 5 of title 5, United States Code.
            (2) Failure of resolution.--If the Director, the 
        Administrator, and a commercial air tour operator are unable to 
        resolve a dispute referred to in paragraph (1) using the 
        dispute resolution procedures referred to in that paragraph, 
        the Administrator shall prescribe an operational rule for the 
        unit of the National Park System concerned in accordance with 
        subsection (f)(3).
    (f) Oversight.--
            (1) Assessment of effectiveness of agreements.--The 
        Director shall periodically carry out such studies as are 
        necessary to determine if agreements entered into under 
        subsections (c) and (d) are adequate to minimize the adverse 
        effects of commercial air tour flights on the resources of the 
        units of the National Park System covered by such agreements.
            (2) Response to inadequacy.--If the Director determines 
        under paragraph (1) that one or more agreements referred to in 
        that paragraph are inadequate to minimize the effects referred 
        to in that paragraph, the Director shall--
                    (A) notify the Administrator and the commercial air 
                tour operator concerned of that determination; and
                    (B) attempt to resolve the inadequacy utilizing the 
                dispute resolution procedures authorized under 
                subchapter IV of chapter 5 of title 5, United States 
                Code.
            (3) Additional resolution authority.--
                    (A) Operational rule.--If the Director, the 
                Administrator, and a commercial air tour operator are 
                unable to resolve an inadequacy in an agreement 
                utilizing the dispute resolution procedures referred to 
                in paragraph (2)(B), the Administrator shall prescribe 
                an operational rule for the unit concerned. The purpose 
                of the rule shall be to minimize the adverse effects of 
                commercial air tour flights on the resources of the 
                unit concerned.
                    (B) Disputes relating to rule.--If the Director 
                determines that the implementation of an operational 
                rule, and the enforcement thereof by the Administrator, 
                is inadequate in whole or in part to minimize the 
                adverse effects of commercial air tour flights on the 
                resources of the unit concerned, the Director shall--
                            (i) notify the Administrator and the 
                        commercial air tour operator or operators 
                        concerned of that determination; and
                            (ii) attempt to resolve the inadequacy 
                        utilizing the dispute resolution procedures 
                        authorized under subchapter IV of chapter 5 of 
                        title 5, United States Code.
                    (C) Final resolution.--If the Director, the 
                Administrator, and the commercial air tour operator or 
                operators concerned are unable to resolve an inadequacy 
                in an operational rule under subparagraph (B), the 
                Administrator shall develop a Special Federal Aviation 
                Regulation (SFAR) covering the unit concerned.

SEC. 8. FLIGHTS BY OTHER AIRCRAFT OVER UNITS OF THE NATIONAL PARK 
              SYSTEM.

    (a) Flight Emergencies.--No provision of this Act shall apply to an 
aircraft experiencing an in-flight emergency.
    (b) Flights by Military Aircraft.--Notwithstanding any other 
provision of law, military aircraft may not conduct flights in the 
airspace over a unit of the National Park System below an altitude that 
is 3,000 above ground level, except as provided for in a Memorandum of 
Understanding between the Director and the Secretary of Defense.
    (c) Flights for Commercial Aerial Photography.--
            (1) In general.--An aircraft or rotorcraft engaged in 
        commercial aerial photography may not conduct flights in the 
        airspace over a unit of the National Park Service below an 
        altitude that is 3,000 feet above ground level unless the pilot 
        of the aircraft or rotorcraft receives advance written 
        permission from the appropriate Flight Standards District 
        Office of the Federal Aviation Administration and from the 
        superintendent of the unit of the National Park System 
        concerned.
            (2) Fees.--The superintendents of the units of the National 
        Park System may collect fees from the operators of aircraft and 
        rotorcraft engaged in commercial aerial photography. The fees 
        shall be set at such amount as the Director determines 
        necessary to ensure that the United States will receive fair 
        market value for the use of the area concerned and shall, at a 
        minimum, cover all administrative and other costs of providing 
        necessary services associated with commercial aerial 
        photography at such units.

SEC. 9. AIRCRAFT SAFETY.

    (a) 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.
    (b) Flight Monitoring Systems.--
            (1) Requirement for study.--Not later than 1 year after the 
        date of the enactment of this Act, the Administrator shall 
        carry out a study of the feasibility and advisability of 
        requiring that aircraft and rotorcraft operating in the 
        airspace over units of the National Park System have onboard an 
        automatic flight tracking system capable of monitoring the 
        altitude and ground position of the aircraft and rotorcraft.
            (2) Installation of flight monitoring system.--If the 
        Administrator determines under the study required under 
        paragraph (1) that the use of automatic flight tracking system 
        in aircraft and rotorcraft is feasible and advisable, then not 
        later than 2 years after the date of the enactment of this Act, 
        each commercial air tour operator that conducts air tour 
        flights in the airspace above a unit of the National Park 
        System shall have an automatic flight tracking system onboard 
        each aircraft and rotorcraft of such air tour operator that 
        conducts such air tour flights.
            (3) Monitoring through systems.--
                    (A) Monitoring.--The Director shall ensure that 
                appropriate personnel of the National Park Service 
                monitor the altitude and position of aircraft and 
                rotorcraft, if any, having a system required under 
                paragraph (2) for purposes of determining that the 
                aircraft and rotorcraft comply with all laws, 
                regulations, and agreements on flights in the airspace 
                over units of the National Park System.
                    (B) Violations.--The Director shall ensure that 
                personnel referred to in subparagraph (A) report to the 
                Federal Aviation Administration any apparent violations 
                of the laws and regulations referred to in that 
                subparagraph.
    (c) Aeronautical Charts.--The Administrator shall ensure that the 
boundaries of each unit of the National Park System and the provisions 
of the airspace management plan, operational rule, or Special Federal 
Aviation Regulation (SFAR), if any, with respect to each such unit are 
accurately reflected on aeronautical charts.
    (d) Park Visitor Education.--The Director shall develop educational 
materials for public distribution on air tour flights over units of the 
National Park System by commercial air tour operators. Such materials 
shall include the most common flight patterns and routes of such 
flights.
    (e) Data Collection.--
            (1) In general.--The Administrator shall collect and 
        publish each year statistical data on commercial air tour 
        flights over the units of the National Park System.
            (2) Requirement for information.--The information collected 
        under paragraph (1) shall include the following:
                    (A) The units at which such flights occurred.
                    (B) The flight hours flown during such flights.
                    (C) The number of passengers carried during such 
                flights.
                    (D) The number and type of aircraft safety 
                violations that occurred during such flights.
                    (E) The number and type of accidents or other 
                incidents involving air tour aircraft that occurred 
                during such flights.
                    (F) The number and type of disciplinary actions, if 
                any, taken against the pilots of such aircraft with 
                respect to such flights.

SEC. 10. NATIONAL PARK OVERFLIGHT ADVISORY COUNCIL.

    (a) Establishment.--There is hereby established a commission to be 
known as the National Park Overflight Advisory Council (in this section 
referred to as the ``Council'').
    (b) Membership.--
            (1) Voting members.--The Council shall be composed of 20 
        voting members appointed jointly by the Director and the 
        Administrator as follows:
                    (A) Five representatives of environmental or 
                conservation organizations, citizens' groups, and other 
                groups with similar interests.
                    (B) Five representatives of the commercial air tour 
                industry and organizations with similar interests.
                    (C) Five individuals from the private sector who--
                            (i) have an interest in the effects on the 
                        units of the National Park System of commercial 
                        air tour flights in the airspace over such 
                        units;
                            (ii) are not affiliated with the 
                        organizations or groups referred to in 
                        subparagraph (A) or the industry or 
                        organizations referred to in subparagraph (B); 
                        and
                            (iii) have no substantial financial 
                        interest in the management of the airspace over 
                        units of the National Park System.
                    (D) Five representatives of departments or agencies 
                of the Federal Government (other than individuals 
                associated with the Department of the Interior and the 
                Department of Transportation), with the consent of the 
                head of the department or agency concerned, who have 
                regulatory responsibility over land management matters, 
                airspace management matters, or both.
            (2) Ex officio members.--The Director, or the designee of 
        the Director, and the Administrator, or the designee of the 
        Administrator, shall be ex officio members of the Council.
            (3) Appointment date.--Members of the Council shall be 
        appointed under this subsection not later than 90 days after 
        the date of the enactment of this Act.
            (4) Selection of chair.--The Council shall elect a 
        Chairperson from among the voting members of the Council.
            (5) Meetings.--The Council shall first meet not later than 
        180 days after the date of the enactment of this Act and shall 
        meet thereafter at the call of a majority of the members of the 
        Council.
    (c) Duties.--The Council shall have the following duties:
            (1) To determine the effects on the environment of units of 
        the National Park System of commercial air tour flights in the 
        airspace over such units.
            (2) To determine the economic effects of restrictions or 
        prohibitions on such flights.
            (3) To solicit and receive comments from interested 
        individuals and groups on such flights.
            (4) To develop recommendations for means of reducing the 
        adverse effects of such flights on such units.
            (5) To explore financial and other incentives which could 
        encourage manufacturers to advance the state-of-the-art in 
        quiet aircraft and rotorcraft technology and encourage 
        commercial air tour operators to implement such technology in 
        flights over park units.
            (6) To provide comments and recommendations to the Director 
        and the Administrator under sections 6 and 7.
            (7) To provide advice or recommendations to the Director, 
        the Administrator, and other appropriate individuals and groups 
        on matters relating to such flights.
            (8) To carry out such other activities as the Director and 
        the Administrator jointly consider appropriate.
    (d) 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.
            (3) Administrative support.--The Director and the 
        Administrator shall, to the extent permitted by law, provide 
        the Council with such administrative services, funds, 
        facilities, staff and other support services as may be 
        necessary for the performance of its functions.
    (e) 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 
        the units of the National Park System of flights of commercial 
        air tour operators over such units.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out the provisions 
of this section.

SEC. 11. DEFINITIONS.

    In this Act:
            (1) The term ``Administrator'' means the Administrator of 
        the Federal Aviation Administration.
            (2) The term ``air tour aircraft'' means an aircraft 
        (including a fixed-wing aircraft or a rotorcraft) that makes 
        air tour flights.
            (3) The term ``air tour flight'' means a passenger flight 
        conducted by aircraft (including by fixed-wing aircraft or by 
        rotorcraft) for the purpose of permitting a passenger to the 
        flight to view an area over which the flight occurs.
            (4) Except as defined by the Federal Aviation 
        Administration under section 4, 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.
            (5) The term ``Director'' means the Director of the 
        National Park Service.
                                 <all>
S 2428 IS----2
                        S 2428 IS----3
```