I
105TH CONGRESS
1ST SESSION
H. R. 2859
To prohibit commercial air tours over the Rocky Mountain National Park.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 6, 1997
Mr. BOB SCHAFFER of Colorado (for himself, Mr. MCINNIS, Mr. DAN SCHAE-
FER of Colorado, Mr. SKAGGS, and Ms. DEGETTE) introduced the follow-
ing bill; which was referred to the Committee on Transportation and In-
frastructure
A BILL
To prohibit commercial air tours over the Rocky Mountain
National Park.
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 ‘‘Rocky Mountain Na-
tional Park Overflights Act’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) the National Park Service manages the
Rocky Mountain National Park to conserve—
(A) scenery, natural, cultural and historic
resources and values of the park; and
(B) wilderness resources and values of the
park, including natural quiet and wildlife re-
sources;
(2) while carrying out the conservation objec-
tives referred to in paragraph (1), the National Park
Service provides for the enjoyment of the values re-
ferred to in that paragraph in a manner and by a
means that will leave those values unimpaired for
the enjoyment of future generations;
(3) in order to manage the Rocky Mountain
National Park to achieve the purposes for which the
park was established, it is necessary to ban commer-
cial air tours over the park;
(4) the Federal Aviation Administration—
(A) manages the safe and efficient use of
the navigable airspace under subtitle VII of title
49, United States Code; and
(B) protects the environment from adverse
impacts in accordance with sections 40103 and
44715 and 307 of title 49, United States Code;
and
(5) the auditory and visual intrusion of aircraft
flying at low altitudes can be incompatible with the
preservation and management of natural or cultural
resources, natural quiet, scenery, and the enjoyment
by the public of the resources of the Rocky Moun-
tain National Park.
SEC. 3. DEFINITIONS.
In this Act:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal
Aviation Administration.
(2) COMMERCIAL AIR TOUR.—The term ‘‘com-
mercial air tour’’ shall have the meaning provided
that term by the Administrator, in consultation with
the Secretary.
(3) HIGH-ALTITUDE
COMMERCIAL
FLIGHT.—
The term ‘‘high-altitude commercial flight’’ shall
have the meaning provided that term by the Admin-
istrator.
(4) NONCOMMERCIAL
GENERAL
AVIATION.—
The term ‘‘noncommercial general aviation’’ shall
have the meaning provided that term by the Admin-
istrator.
(5) PUBLIC OPERATION.—The term ‘‘public op-
eration’’ shall have the meaning provided that term
by the Administrator.
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 4. BAN ON COMMERCIAL AIR TOURS.
(a) PROHIBITION RELATING TO COMMERCIAL AIR
TOURS.—Effective beginning on the date of enactment of
this Act, no commercial air tour may be operated in the
airspace over the Rocky Mountain National Park.
(b) REGULATIONS.—As soon as practicable after the
date of enactment of this Act, the Administrator, in con-
sultation with the Secretary, shall issue such regulations
as are necessary to carry out the prohibition under sub-
section (a). The regulations issued by the Administrator
under this subsection shall provide for enforcement in ac-
cordance with subtitle VII of title 49, United States Code.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to apply to the
following:
(1) Flights conducted for the purposes of the
administration of the Rocky Mountain National
Park.
(2) Emergency operations.
(3) Noncommercial general aviation.
(4) Military operations and other public oper-
ations.
(5) High-altitude commercial flights.
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