‘‘(2) REQUIREMENTS
AND
LIMITATIONS.—In-
terim operating authority granted under this
subsection—
‘‘(A) shall provide annual authorization
only for the greater of—
‘‘(i) the number of flights used by the
operator to provide such tours within the
12-month period prior to the date of enact-
ment of this section; or
‘‘(ii) the average number of flights per
12-month period used by the operator to
provide such tours within the 36-month pe-
riod prior to such date of enactment, and,
for seasonal operations, the number of
flights so used during the season or sea-
sons covered by that 12-month period;
‘‘(B) may not provide for an increase in
the number of commercial air tour operations
conducted during any time period by the com-
mercial air tour operator above the number that
the air tour operator was originally granted un-
less such an increase is agreed to by the Ad-
ministrator and the Director;
‘‘(C) shall be published in the Federal Reg-
ister to provide notice and opportunity for com-
ment;
‘‘(D) may be revoked by the Administrator
for cause;
‘‘(E) shall terminate 180 days after the
date on which an air tour management plan is
established for the park or the tribal lands;
‘‘(F) shall promote protection of national
park resources, visitor experiences, and tribal
lands;
‘‘(G) shall promote safe operations of the
commercial air tour;
‘‘(H) shall promote the adoption of quiet
technology, as appropriate; and
‘‘(I) shall allow for modifications of the op-
eration based on experience if the modification
improves protection of national park resources
and values and of tribal lands.
‘‘(e) EXEMPTIONS.—
‘‘(1) IN
GENERAL.—Except as provided by
paragraph (2), this section shall not apply to—
‘‘(A) the Grand Canyon National Park;
‘‘(B) tribal lands within or abutting the
Grand Canyon National Park; or
‘‘(C) any unit of the National Park System
located in Alaska or any other land or water lo-
cated in Alaska.
‘‘(2) EXCEPTION.—This section shall apply to
the Grand Canyon National Park if section 3 of
Public Law 100–91 (16 U.S.C. 1a–1 note; 101 Stat.
674–678) is no longer in effect.
‘‘(f) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) COMMERCIAL AIR TOUR OPERATOR.—The
term ‘commercial air tour operator’ means any per-
son who conducts a commercial air tour operation.
‘‘(2) EXISTING COMMERCIAL AIR TOUR OPER-
ATOR.—The term ‘existing commercial air tour oper-
ator’ means a commercial air tour operator that was
actively engaged in the business of providing com-
mercial air tour operations over a national park at
any time during the 12-month period ending on the
date of enactment of this section.
‘‘(3) NEW
ENTRANT
COMMERCIAL
AIR
TOUR
OPERATOR.—The term ‘new entrant commercial air
tour operator’ means a commercial air tour operator
that—
‘‘(A) applies for operating authority as a
commercial air tour operator for a national
park; and
‘‘(B) has not engaged in the business of
providing commercial air tour operations over
the national park (including tribal lands) in the
12-month period preceding the application.
‘‘(4) COMMERCIAL AIR TOUR OPERATION.—The
term ‘commercial air tour operation’ means any
flight, conducted for compensation or hire in a pow-
ered aircraft where a purpose of the flight is sight-
seeing over a national park, within 1⁄2 mile outside
the boundary of any national park, or over tribal
lands, during which the aircraft flies—
‘‘(A) below a minimum altitude, deter-
mined by the Administrator in cooperation with
the Director, above ground level (except solely
for purposes of takeoff or landing, or necessary
for safe operation of an aircraft as determined
under the rules and regulations of the Federal
Aviation Administration requiring the pilot-in-
command to take action to ensure the safe op-
eration of the aircraft); or
‘‘(B) less than 1 mile laterally from any
geographic feature within the park (unless more
than 1⁄2 mile outside the boundary).
‘‘(5) NATIONAL
PARK.—The term ‘national
park’ means any unit of the National Park System.
‘‘(6) TRIBAL LANDS.—The term ‘tribal lands’
means Indian country (as that term is defined in
section 1151 of title 18, United States Code) that is
within or abutting a national park.
‘‘(7) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Federal Avia-
tion Administration.
‘‘(8) DIRECTOR.—The term ‘Director’ means
the Director of the National Park Service.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 401 of title 49, United States Code, is amend-
ed by adding at the end the following:
‘‘40125. Overflights of national parks.’’.
SEC. 4. ADVISORY GROUP.
(a) ESTABLISHMENT.—Not later than 1 year after
the date of enactment of this Act, the Administrator and
the Director shall jointly establish an advisory group to
provide continuing advice and counsel with respect to com-
mercial air tour operations over and near national parks.
(b) MEMBERSHIP.—