104
‘‘(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674–678) is no longer in effect.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:
105
‘‘(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 OPERA-
TOR.—The term ‘existing commercial air tour opera-
tor’ 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-
106
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.
107
‘‘(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. 904. 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.—
(1) IN GENERAL.—The advisory group shall be
composed of—
(A) a balanced group of —
(i) representatives of general aviation;
(ii) representatives of commercial air
tour operators;
(iii) representatives of environmental
concerns; and
(iv) representatives of Indian tribes;
(B) a representative of the Federal Avia-
tion Administration; and
(C) a representative of the National Park
Service.
108
(2) EX-OFFICIO MEMBERS.—The Administrator
(or the designee of the Administrator) and the Di-
rector (or the designee of the Director) shall serve
as ex-officio members.
(3) CHAIRPERSON.—The representative of the
Federal Aviation Administration and the representa-
tive of the National Park Service shall serve alter-
nating 1-year terms as chairman of the advisory
group, with the representative of the Federal Avia-
tion Administration serving initially until the end of
the calendar year following the year in which the ad-
visory group is first appointed.
(c) DUTIES.—The advisory group shall provide ad-
vice, information, and recommendations to the Adminis-
trator and the Director—
(1) on the implementation of this title and the
amendments made by this title;
(2) on commonly accepted quiet aircraft tech-
nology for use in commercial air tour operations over
national parks (including tribal lands), which will re-
ceive preferential treatment in a given air tour man-
agement plan;
(3) on other measures that might be taken to
accommodate the interests of visitors to national
parks; and
109
(4) at request of the Administrator and the Di-
rector, safety, environmental, and other issues relat-
ed to commercial air tour operations over a national
park (including tribal lands).
(d) COMPENSATION; SUPPORT; FACA.—
(1) COMPENSATION AND TRAVEL.—Members of
the advisory group who are not officers or employees
of the United States, while attending conferences or
meetings of the group or otherwise engaged in its
business, or while serving away from their homes or
regular places of business, may be allowed travel ex-
penses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States
Code, for persons in the Government service em-
ployed intermittently.
(2) ADMINISTRATIVE
SUPPORT.—The Federal
Aviation Administration and the National Park
Service shall jointly furnish to the advisory group
clerical and other assistance.
(3) NONAPPLICATION OF FACA.—Section 14 of
the Federal Advisory Committee Act (5 U.S.C.
App.) does not apply to the advisory group.
SEC. 905. REPORTS.
(a) OVERFLIGHT FEE REPORT.—Not later than 180
days after the date of enactment of this Act, the Adminis-
110
trator shall transmit to Congress a report on the effects
overflight fees are likely to have on the commercial air
tour operation industry. The report shall include, but shall
not be limited to—
(1) the viability of a tax credit for the commer-
cial air tour operators equal to the amount of any
overflight fees charged by the National Park Service;
and
(2) the financial effects proposed offsets are
likely to have on Federal Aviation Administration
budgets and appropriations.
(b) QUIET AIRCRAFT TECHNOLOGY REPORT.—Not
later than 2 years after the date of enactment of this Act,
the Administrator and the Director shall jointly transmit
a report to Congress on the effectiveness of this title in
providing incentives for the development and use of quiet
aircraft technology.
SEC. 906. EXEMPTIONS.
This title shall not apply to—
(1) any unit of the National Park System lo-
cated in Alaska; or
(2) any other land or water located in Alaska.
SEC. 907. DEFINITIONS.
In this title, the following definitions apply:
111
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal
Aviation Administration.
(2) DIRECTOR.—The term ‘‘Director’’ means
the Director of the National Park Service.
TITLE X—EXTENSION OF AIR-
PORT 
AND 
AIRWAY 
TRUST
FUND 
EXPENDITURE 
AU-
THORITY
SEC. 1001. EXTENSION OF EXPENDITURE AUTHORITY.
(a) IN GENERAL.—Paragraph (1) of section 9502(d)
of the Internal Revenue Code of 1986 (relating to expendi-
tures from Airport and Airway Trust Fund) is amended—
(1) by striking ‘‘October 1, 1998’’ and inserting
‘‘October 1, 1999’’; and
(2) by inserting before the semicolon at the end
of subparagraph (A) the following ‘‘or the Airport
Improvement Program Reauthorization Act of
1998’’.
(b) LIMITATION ON EXPENDITURE AUTHORITY.—
Section 9502 of such Code is amended by adding at the
end the following new subsection:
‘‘(f) LIMITATION ON TRANSFERS TO TRUST FUND.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), no amount may be appropriated or cred-
112
ited to the Airport and Airway Trust Fund on and
after the date of any expenditure from the Airport
and Airway Trust Fund which is not permitted by
this section. The determination of whether an ex-
penditure is so permitted shall be made without re-
gard to—
‘‘(A) any provision of law which is not con-
tained or referenced in this title or in a revenue
Act; and
‘‘(B) whether such provision of law is a
subsequently enacted provision or directly or in-
directly seeks to waive the application of this
subsection.
‘‘(2) EXCEPTION
FOR
PRIOR
OBLIGATIONS.—
Paragraph (1) shall not apply to any expenditure to
liquidate any contract entered into (or for any
amount otherwise obligated) before October 1, 1999,
in accordance with the provisions of this section.’’.
Passed the House of Representatives August 4,
1998.
Attest:
Clerk.