I
104TH CONGRESS
1ST SESSION
H. R. 1954
To amend the National Park Service Concessions Policy Act to enable the
Secretary of the Interior to authorize scenic commercial overflights at
units of the National Park System, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 29 (legislative day, JUNE 28), 1995
Mr. SKAGGS introduced the following bill; which was referred to the Commit-
tee on Resources, and in addition to the Committee on Transportation
and Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To amend the National Park Service Concessions Policy Act
to enable the Secretary of the Interior to authorize scenic
commercial overflights at units of the National Park
System, 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 Park Scenic
Overflight Concessions Act of 1995’’.
SEC. 2. PURPOSE AND FINDINGS.
(a) PURPOSE.—The purpose of this Act is to require
all operators of commercial air tours at National Park
System units to hold a concessions contract, and to pro-
vide the National Park Service the authority to determine
the appropriate level of commercial scenic tour overflight
activity at such units.
(b) FINDINGS.—The Congress finds that:
(1) The National Park Service manages units
of the National Park System to conserve the sce-
nery; natural, cultural and historic values; wilderness
values, including natural quiet; and wildlife re-
sources while providing for the enjoyment of the
same in such manner and by such means as will
leave them unimpaired for the enjoyment of future
generations. In recognition of these values, many
such units are recognized as internationally signifi-
cant International Biosphere Reserves and World
Heritage Sites.
(2) In order to manage National Park System
units to achieve the purposes for which they were es-
tablished by Congress, there is a need for National
Park Service authority to regulate commercial scenic
overflight enterprises operating over units of the
National Park System.
(3) It is the function of the Federal Aviation
Administration to manage the safe and efficient use
of the navigable airspace of the United States, as
provided for in the Federal Aviation Act of 1958 (49
U.S.C. App. 1391, et seq.); and to protect the envi-
ronment from adverse impacts in accord with sec-
tions 307(c) and 611 of such Act and section 4(f)
of the Department of Transportation Act (49 U.S.C.
1653(f)).
(4) The auditory and visual intrusion of aircraft
flying at low altitudes can be incompatible with the
preservation and management of natural or cultural
resources, the natural quiet, scenery, and/or the
public’s enjoyment of the resources on lands man-
aged by the public land management agencies, nota-
bly such sensitive areas as National Parks, National
Wildlife Refuges, and wilderness areas.
(5) It is the joint responsibility of relevant
agencies to resolve these incompatible situations or
to mitigate them to the fullest extent possible in
order to maintain these public lands for the pur-
poses for which they were established while recogniz-
ing the public’s and the Government’s need to tran-
sit navigable airspace.
(6) In recognition of the values for which Na-
tional Park System units are managed, the Federal
Aviation Administration and the National Park
Service shall act cooperatively to reduce the inci-
dence of low-flying aircraft impacts from commercial
scenic tour overflights by helicopters, fixed-wing air-
craft, blimps, and balloons over sensitive lands man-
aged by the National Park Service and to make
these overflights compatible with the purposes for
which such lands are managed.
SEC. 3. COMMERCIAL AIR TOURS.
The Act of October 9, 1965 (16 U.S.C. 20–20g),
commonly known as the National Park Service Conces-
sions Policy Act, is amended by adding the following new
section at the end thereof:
‘‘SEC. 10. COMMERCIAL AIR TOURS CONCESSIONS.
‘‘(a) COMMERCIAL AIR TOURS.—(1) No person may
fly an individual for compensation over any unit of the
National Park System for the purpose of viewing any por-
tion of such unit unless such person has in effect a valid
commercial air tour concession contract issued by the
Secretary.
‘‘(2) The Secretary may issue or deny a commercial
air tour concession contract upon application of any per-
son, subject to such conditions and restrictions as the Sec-
retary deems necessary to protect the resources of the rel-
evant unit and to protect and enhance visitor enjoyment.
‘‘(3) Issuance or denial of a commercial air tour con-
cession contract shall be consistent with the legislation es-
tablishing the relevant unit, the guidelines under sub-
section (b), any applicable provisions of any general man-
agement plan in effect for the relevant unit, and the provi-
sions of law generally applicable to units of the National
Park System, including the Act of August 25, 1916 (39
Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and the Act of August
21, 1935 (49 Stat. 666; 16 U.S.C. 461–467).
‘‘(4) Any person who flies one or more persons for
compensation over any unit of the National Park System
for the purpose of viewing any portion of such unit shall
be treated as entering such unit and providing a service
within such unit for purposes of this Act.
‘‘(b) GUIDELINES AND PLANNING.—(1) Not later
than 12 months after the enactment of this Act, the Sec-
retary shall publish guidelines applicable to commercial air
tour flights over National Park System units, providing
for such flights where appropriate and restricting or pro-
hibiting such flights where necessary in accordance with
the provisions of law referred to in subsection (a).
‘‘(2) Each commercial air tour concession contract
under subsection (a) for flights at any unit of the National
Park System shall be based on and consistent with such
guidelines.
‘‘(3) Guidelines proposed by the Secretary pursuant
to this subsection shall be submitted to the Administrator
of the Federal Aviation Administration for review prior
to adoption. Within 60 days after receipt of such proposed
guidelines, the Administrator shall provide comments and
recommendations to the Secretary regarding any effects
such guidelines may have on aircraft safety. The Secretary
shall incorporate the Administrator’s recommendations re-
garding aircraft safety in the final guidelines.
‘‘(c) GENERAL MANAGEMENT PLANS.—The Sec-
retary may amend the general management plan for any
national park system unit to establish air concessions re-
quirements applicable to flights subject to the require-
ments of subsection (a). Such amendments shall be con-
sistent with the provisions of law referred to in subsection
(a) and the guidelines published under subsection (b). The
amendments shall—
‘‘(1) document the degree to which commercial
scenic overflights may affect the natural resources of
the park unit concerned;
‘‘(2) document the effects of such overflights on
the park visitor’s experience; and
‘‘(3) propose measures necessary to protect
park resources and the visitors experience from the
adverse effects of commercial scenic overflights.
Each concession contract issued under subsection (a) for
flights over any National Park System unit after the effec-
tive date of general management plan amendments adopt-
ed under this subsection shall be consistent with such
amendments.
‘‘(d) PENALTY.—Any person who knowingly or will-
fully violates any requirement of this section or of any rule
or regulation promulgated by the Secretary under this sec-
tion shall be fined not more than $5,000 or imprisoned
for not more than 5 years or both.’’.
SEC. 4. FEDERAL AVIATION ADMINISTRATION.
(a) REPORTING AND TRAINING.—The Administrator
of the Federal Aviation Administration (hereinafter in this
section referred to as the ‘‘Administrator’’), in cooperation
with the Secretary of the Interior, shall—
(1) develop standardized reporting systems for
the documentation of low flying aircraft incidents in
air space over National Park System units; and
(2) develop training programs and instructional
materials for National Park Service personnel to en-
able them to recognize and report instance of low
flying aircraft incidents in air space over national
park system units.
(b) AIRCRAFT
NOISE.—The Administrator shall
amend the regulations of the Federal Aviation Administra-
tion to treat aircraft noise abatement at national park sys-
tem units as in the public interest.
(c) REPORTS.—The Administrator and the Secretary
of the Interior shall submit a joint report to the Congress
within 3 years after the enactment of this Act containing
a description of the progress made under this Act and
other authority of law in mitigating the adverse effects of
overflights at National Park System units.
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