H. R. 1000—130
granted unless such an increase is agreed to by the
Administrator and the Director;
‘‘(C) shall be published in the Federal Register to pro-
vide notice and opportunity for comment;
‘‘(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 tribal lands;
‘‘(F) 
shall 
promote 
protection 
of 
national 
park
resources, visitor experiences, and tribal lands;
‘‘(G) shall promote safe commercial air tour operations;
‘‘(H) shall promote the adoption of quiet technology,
as appropriate; and
‘‘(I) shall allow for modifications of the interim oper-
ating authority based on experience if the modification
improves protection of national park resources and values
and of tribal lands.
‘‘(3) NEW ENTRANT AIR TOUR OPERATORS.—
‘‘(A) IN GENERAL.—The Administrator, in cooperation
with the Director, may grant interim operating authority
under this paragraph to an air tour operator for a national
park or tribal lands for which that operator is a new
entrant air tour operator if the Administrator determines
the authority is necessary to ensure competition in the
provision of commercial air tour operations over the park
or tribal lands.
‘‘(B) SAFETY LIMITATION.—The Administrator may not
grant interim operating authority under subparagraph (A)
if the Administrator determines that it would create a
safety problem at the park or on the tribal lands, or the
Director determines that it would create a noise problem
at the park or on the tribal lands.
‘‘(C) ATMP LIMITATION.—The Administrator may grant
interim operating authority under subparagraph (A) of this
paragraph only if the air tour management plan for the
park or tribal lands to which the application relates has
not been developed within 24 months after the date of
the enactment of this section.
‘‘(d) EXEMPTIONS.—This section shall not apply to—
‘‘(1) the Grand Canyon National Park; or
‘‘(2) tribal lands within or abutting the Grand Canyon
National Park.
‘‘(e) LAKE MEAD.—This section shall not apply to any air tour
operator while flying over or near the Lake Mead National Recre-
ation Area, solely as a transportation route, to conduct an air
tour over the Grand Canyon National Park.
‘‘(f ) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) COMMERCIAL AIR TOUR OPERATOR.—The term ‘commer-
cial air tour operator’ means any person who conducts a
commercial air tour operation.
‘‘(2) EXISTING COMMERCIAL AIR TOUR OPERATOR.—The term
‘existing commercial air tour operator’ means a commercial
air tour operator that was actively engaged in the business
of providing commercial air tour operations over a national
park at any time during the 12-month period ending on the
date of the enactment of this section.
H. R. 1000—131
‘‘(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 or tribal lands; and
‘‘(B) has not engaged in the business of providing
commercial air tour operations over the national park or
tribal lands in the 12-month period preceding the applica-
tion.
‘‘(4) COMMERCIAL AIR TOUR OPERATION.—
‘‘(A) IN GENERAL.—The term ‘commercial air tour oper-
ation’ means any flight, conducted for compensation or
hire in a powered aircraft where a purpose of the flight
is sightseeing over a national park, within 1⁄2 mile outside
the boundary of any national park, or over tribal lands,
during which the aircraft flies—
‘‘(i) below a minimum altitude, determined 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 operation
of the aircraft); or
‘‘(ii) less than 1 mile laterally from any geographic
feature within the park (unless more than 1⁄2 mile
outside the boundary).
‘‘(B) FACTORS TO CONSIDER.—In making a determina-
tion of whether a flight is a commercial air tour operation
for purposes of this section, the Administrator may
consider—
‘‘(i) whether there was a holding out to the public
of willingness to conduct a sightseeing flight for com-
pensation or hire;
‘‘(ii) whether a narrative that referred to areas
or points of interest on the surface below the route
of the flight was provided by the person offering the
flight;
‘‘(iii) the area of operation;
‘‘(iv) the frequency of flights conducted by the per-
son offering the flight;
‘‘(v) the route of flight;
‘‘(vi) the inclusion of sightseeing flights as part
of any travel arrangement package offered by the per-
son offering the flight;
‘‘(vii) whether the flight would have been canceled
based on poor visibility of the surface below the route
of the flight; and
‘‘(viii) any other factors that the Administrator
and the Director consider appropriate.
‘‘(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)
that is within or abutting a national park.
‘‘(7) ADMINISTRATOR.—The term ‘Administrator’ means the
Administrator of the Federal Aviation Administration.
H. R. 1000—132
‘‘(8) DIRECTOR.—The term ‘Director’ means the Director
of the National Park Service.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 401
(as amended by section 706(b) of this Act) is further amended
by adding at the end the following:
‘‘40128. Overflights of national parks.’’.
(c) COMPLIANCE WITH OTHER REGULATIONS.—For purposes of
section 40126 of title 49, United States Code—
(1) regulations issued by the Secretary of Transportation
and the Administrator under section 3 of Public Law 100–
91 (16 U.S.C. 1a–1 note); and
(2) commercial air tour operations carried out in compliance
with the requirements of those regulations,
shall be deemed to meet the requirements of such section 40126.
SEC. 804. QUIET AIRCRAFT TECHNOLOGY FOR GRAND CANYON.
(a) QUIET TECHNOLOGY REQUIREMENTS.—Within 12 months
after the date of the enactment of this Act, the Administrator
shall designate reasonably achievable requirements for fixed-wing
and helicopter aircraft necessary for such aircraft to be considered
as employing quiet aircraft technology for purposes of this section.
If the Administrator determines that the Administrator will not
be able to make such designation before the last day of such
12-month period, the Administrator shall transmit to Congress
a report on the reasons for not meeting such time period and
the expected date of such designation.
(b) ROUTES OR CORRIDORS.—In consultation with the Director
and the advisory group established under section 805, the Adminis-
trator shall establish, by rule, routes or corridors for commercial
air tour operations (as defined in section 40126(e)(4) of title 49,
United States Code) by fixed-wing and helicopter aircraft that
employ quiet aircraft technology for—
(1) tours of the Grand Canyon originating in Clark County,
Nevada; and
(2) ‘‘local loop’’ tours originating at the Grand Canyon
National Park Airport, in Tusayan, Arizona,
provided that such routes or corridors can be located in areas
that will not negatively impact the substantial restoration of natural
quiet, tribal lands, or safety.
(c) OPERATIONAL CAPS.—Commercial air tour operations by any
fixed-wing or helicopter aircraft that employs quiet aircraft tech-
nology and that replaces an existing aircraft shall not be subject
to the operational flight allocations that apply to other commercial
air tour operations of the Grand Canyon, provided that the cumu-
lative impact of such operations does not increase noise at the
Grand Canyon.
(d) MODIFICATION
OF EXISTING AIRCRAFT TO MEET STAND-
ARDS.—A commercial air tour operation by a fixed-wing or helicopter
aircraft in a commercial air tour operator’s fleet on the date of
the enactment of this Act that meets the requirements designated
under subsection (a), or is subsequently modified to meet the
requirements designated under subsection (a), may be used for
commercial air tour operations under the same terms and conditions
as a replacement aircraft under subsection (c) without regard to
whether it replaces an existing aircraft.
(e) MANDATE TO RESTORE NATURAL QUIET.—Nothing in this
Act shall be construed to relieve or diminish—
H. R. 1000—133
(1) the statutory mandate imposed upon the Secretary of
the Interior and the Administrator of the Federal Aviation
Administration under Public Law 100–91 (16 U.S.C. 1a–1 note)
to achieve the substantial restoration of the natural quiet and
experience at the Grand Canyon National Park; and
(2) the obligations of the Secretary and the Administrator
to promulgate forthwith regulations to achieve the substantial
restoration of the natural quiet and experience at the Grand
Canyon National Park.
SEC. 805. ADVISORY GROUP.
(a) ESTABLISHMENT.—Not later than 1 year after the date of
the enactment of this Act, the Administrator and the Director
of the National Park Service shall jointly establish an advisory
group to provide continuing advice and counsel with respect to
commercial 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 opera-
tors;
(iii) representatives of environmental concerns;
and
(iv) representatives of Indian tribes;
(B) a representative of the Federal Aviation Adminis-
tration; and
(C) a representative of the National Park Service.
(2) EX OFFICIO MEMBERS.—The Administrator (or the des-
ignee of the Administrator) and the Director (or the designee
of the Director) shall serve as ex officio members.
(3) CHAIRPERSON.—The representative of the Federal Avia-
tion Administration and the representative of the National
Park Service shall serve alternating 1-year terms as chairman
of the advisory group, with the representative of the Federal
Aviation Administration serving initially until the end of the
calendar year following the year in which the advisory group
is first appointed.
(c) DUTIES.—The advisory group shall provide advice, informa-
tion, and recommendations to the Administrator and the Director—
(1) on the implementation of this title and the amendments
made by this title;
(2) on commonly accepted quiet aircraft technology for use
in commercial air tour operations over a national park or tribal
lands, which will receive preferential treatment in a given
air tour management plan;
(3) on other measures that might be taken to accommodate
the interests of visitors to national parks; and
(4) at the request of the Administrator and the Director,
safety, environmental, and other issues related to commercial
air tour operations over a national park or 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 other-
wise engaged in its business, or while serving away from their