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105TH CONGRESS

1ST SESSION S. 1143

To prohibit commercial air tours over the Rocky Mountain National Park.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 3, 1997

Mr. ALLARD (for himself and Mr. CAMPBELL) introduced the following bill;

which was read twice and referred to the Committee on Commerce,

Science, and Transportation

A BILL

To prohibit commercial air tours over the Rocky Mountain

National Park.

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 ‘‘Rocky Mountain Na5 tional Park Overflights Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) the National Park Service manages the

9 Rocky Mountain National Park to conserve—
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1 (A) scenery, natural, cultural and historic

2 resources and values of the park; and

3 (B) wilderness resources and values of the

4 park, including natural quiet and wildlife re5 sources;

6 (2) while carrying out the conservation objec7 tives referred to in paragraph (1), the National Park

8 Service provides for the enjoyment of the values re9 ferred to in that paragraph in a manner and by a

10 means that will leave those values unimpaired for

11 the enjoyment of future generations;

12 (3) in order to manage the Rocky Mountain

13 National Park to achieve the purposes for which the

14 park was established, it is necessary to ban commer15 cial air tours over the park;

16 (4) the Federal Aviation Administration—

17 (A) manages the safe and efficient use of

18 the navigable airspace under subtitle VII of title

19 49, United States Code; and

20 (B) protects the environment from adverse

21 impacts in accordance with sections 40103 and

22 44715 and 307 of title 49, United States Code;

23 and

24 (5) the auditory and visual intrusion of aircraft

25 flying at low altitudes can be incompatible with the
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1 preservation and management of natural or cultural

2 resources, natural quiet, scenery, and the enjoyment

3 by the public of the resources of the Rocky Moun4 tain National Park.

5 SEC. 3. DEFINITIONS.

6 In this Act:

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of the Federal

9 Aviation Administration.

10 (2) COMMERCIAL AIR TOUR.—The term ‘‘com11 mercial air tour’’ shall have the meaning provided

12 that term by the Administrator, in consultation with

13 the Secretary.

14 (3) HIGH-ALTITUDE COMMERCIAL FLIGHT.—

15 The term ‘‘high-altitude commercial flight’’ shall

16 have the meaning provided that term by the Admin17 istrator.

18 (4) NONCOMMERCIAL GENERAL AVIATION.—

19 The term ‘‘noncommercial general aviation’’ shall

20 have the meaning provided that term by the Admin21 istrator.

22 (5) PUBLIC OPERATION.—The term ‘‘public op23 eration’’ shall have the meaning provided that term

24 by the Administrator.
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1 (6) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior.

3 SEC. 4. BAN ON COMMERCIAL AIR TOURS.

4 (a) PROHIBITION RELATING TO COMMERCIAL AIR

5 TOURS.—Effective beginning on the date of enactment of

6 this Act, no commercial air tour may be operated in the

7 airspace over the Rocky Mountain National Park.

8 (b) REGULATIONS.—As soon as practicable after the

9 date of enactment of this Act, the Administrator, in con10 sultation with the Secretary, shall issue such regulations

11 as are necessary to carry out the prohibition under sub12 section (a). The regulations issued by the Administrator

13 under this subsection shall provide for enforcement in ac14 cordance with subtitle VII of title 49, United States Code.

15 SEC. 5. RULE OF CONSTRUCTION.

16 Nothing in this Act may be construed to apply to the

17 following:

18 (1) Flights conducted for the purposes of the

19 administration of the Rocky Mountain National

20 Park.

21 (2) Emergency operations.

22 (3) Noncommercial general aviation.

23 (4) Military operations and other public oper24 ations.
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1 (5) High-altitude commercial flights.

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