I
105TH CONGRESS
2D SESSION
H. R. 4268
To amend title 49, United States Code, to regulate overflights of National
Parks, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 17, 1998
Mr. DUNCAN (for himself, Mr. SHUSTER, Mr. YOUNG of Alaska, Mr. SMITH
of Oregon, Mr. HANSEN, Mr. OBERSTAR, Mr. LIPINSKI, Mr. ENSIGN, and
Mr. GIBBONS) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on Resources, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
A BILL
To amend title 49, United States Code, to regulate
overflights of National Parks, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Parks Air
Tour Management Act of 1998’’.
SEC. 2. FINDINGS.
The 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 envi-
ronment by minimizing, mitigating, or preventing
the adverse effects of aircraft overflights of public
and tribal lands;
(3) the National Park Service has the respon-
sibility 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 mainte-
nance of the natural and cultural resources of In-
dian tribes;
(5) the National Parks Overflights Working
Group, composed of general aviation, commercial air
tour, environmental, and Native American represent-
atives, recommended that the Congress enact legisla-
tion 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 follow-
ing:
‘‘§ 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 or 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
commercial air tour management plan for the
park or the tribal lands.
‘‘(2) APPLICATION
FOR
OPERATING
AUTHOR-
ITY.—
‘‘(A) 
APPLICATION
REQUIRED.—Before
commencing commercial air tour operations
over a national park or tribal lands, a commer-
cial air tour operator shall apply to the Admin-
istrator for authority to conduct the operations
over the park or the tribal lands.
‘‘(B) COMPETITIVE BIDDING FOR LIMITED
CAPACITY PARKS.—Whenever a commercial air
tour management plan limits the number of
commercial air tour operations over a national
park during a specified time frame, the Admin-
istrator, 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 national
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 op-
erations over the national park. In making a se-
lection from among various proposals submit-
ted, the Administrator, in cooperation with the
Director, shall consider relevant factors, includ-
ing—