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SEC. 504. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Sec-
retary of Transportation $80,000,000 to carry out sections
41743 through 41746 of title 49, United States Code, for
the 4 fiscal-year period beginning with fiscal year 2000.
SEC. 505. MARKETING PRACTICES.
Section 41712 is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘On’’; and
(2) by adding at the end thereof the following:
‘‘(b) MARKETING PRACTICES THAT ADVERSELY AF-
FECT SERVICE TO SMALL OR MEDIUM COMMUNITIES.—
Within 180 days after the date of enactment of the Air
Transportation Improvement Act, the Secretary shall re-
view the marketing practices of air carriers that may in-
hibit the availability of quality, affordable air transpor-
tation services to small- and medium-sized communities,
including—
‘‘(1) marketing arrangements between airlines
and travel agents;
‘‘(2) code-sharing partnerships;
‘‘(3) computer reservation system displays;
‘‘(4) gate arrangements at airports;
‘‘(5) exclusive dealing arrangements; and
‘‘(6) any other marketing practice that may have
the same effect.
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‘‘(c) REGULATIONS.—If the Secretary finds, after con-
ducting the review required by subsection (b), that mar-
keting practices inhibit the availability of such service to
such communities, then, after public notice and an oppor-
tunity for comment, the Secretary may promulgate regula-
tions that address the problem, or take other appropriate
action. Nothing in this section expands the authority or ju-
risdiction of the Secretary to promulgate regulations under
the Federal Aviation Act or under any other Act.’’.
SEC. 506. CHANGES IN, AND PHASE-OUT OF, SLOT RULES.
(a) RULES THAT APPLY TO ALL SLOT EXEMPTION
REQUESTS.—
(1) PROMPT
CONSIDERATION
OF
REQUESTS.—
Section 41714(i) is amended to read as follows:
‘‘(i) 45-DAY APPLICATION PROCESS.—
‘‘(1) REQUEST
FOR
SLOT
EXEMPTIONS.—Any
slot exemption request filed with the Secretary under
this section, section 41717, or 41719 shall include—
‘‘(A) the names of the airports to be served;
‘‘(B) the times requested; and
‘‘(C) such additional information as the
Secretary may require.
‘‘(2) ACTION ON REQUEST; FAILURE TO ACT.—
Within 45 days after a slot exemption request under
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this section, section 41717, or section 41719 is re-
ceived by the Secretary, the Secretary shall—
‘‘(A) approve the request if the Secretary de-
termines that the requirements of the section
under which the request is made are met;
‘‘(B) return the request to the applicant for
additional information; or
‘‘(C) deny the request and state the reasons
for its denial.
‘‘(3) 45-DAY PERIOD TOLLED FOR TIMELY RE-
QUEST FOR MORE INFORMATION.—If the Secretary re-
turns the request for additional information during
the first 10 days after the request is filed, then the 45-
day period shall be tolled until the date on which the
additional information is filed with the Secretary.
‘‘(4) FAILURE
TO
DETERMINE
DEEMED
AP-
PROVAL.—If the Secretary neither approves the re-
quest under paragraph (2)(A) nor denies the request
under subparagraph (2)(C) within the 45-day period
beginning on the date it is received, excepting any
days during which the 45-day period is tolled under
paragraph (3), then the request is deemed to have
been approved on the 46th day after it was filed with
the Secretary.’’.
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(2) EXEMPTIONS
MAY
NOT
BE
BOUGHT
OR
SOLD.—Section 41714 is further amended by adding
at the end the following:
‘‘(j) EXEMPTIONS MAY NOT BE BOUGHT OR SOLD.—
No exemption from the requirements of subparts K and S
of part 93 of title 14, Code of Federal Regulations, granted
under this section, section 41717, or section 41719 may be
bought or sold by the carrier to which it is granted.’’.
(3) EQUAL
TREATMENT
OF
AFFILIATED
CAR-
RIERS.—Section 41714, as amended by paragraph
(2), is further amended by adding at the end thereof
the following:
‘‘(k) AFFILIATED CARRIERS.—For purposes of this sec-
tion, section 41717, 41718, and 41719, the Secretary shall
treat all commuter air carriers that have cooperative agree-
ments, including code-share agreements, with other air car-
riers equally for determining eligibility for the application
of any provision of those sections regardless of the form of
the corporate relationship between the commuter air carrier
and the other air carrier.’’.
(4) NEW ENTRANT SLOTS.—Section 41714(c) is
amended—
(A) by striking ‘‘(1) IN GENERAL.—’’;
(B) by striking ‘‘and the circumstances to
be exceptional,’’; and
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(C) by striking paragraph (2).
(5) LIMITED INCUMBENT; REGIONAL JET.—Sec-
tion 40102 is amended by—
(A) inserting after paragraph (28) the fol-
lowing:
‘‘(28A) The term ‘limited incumbent air carrier’
has the meaning given that term in subpart S of part
93 of title 14, Code of Federal Regulations, except
that ‘20’ shall be substituted for ‘12’ in sections
93.213(a)(5), 93.223(c)(3), and 93.225(h) as such sec-
tions were in effect on August 1, 1998.’’; and
(B) inserting after paragraph (37) the fol-
lowing:
‘‘(37A) The term ‘regional jet’ means a pas-
senger, turbofan-powered aircraft carrying not fewer
than 30 and not more than 50 passengers.’’.
(b) PHASE-OUT OF SLOT RULES.—Chapter 417 is
amended—
(1) by redesignating sections 41715 and 41716
as sections 41720 and 41721; and
(2) by inserting after section 41714 the fol-
lowing:
‘‘§ 41715. Phase-out of slot rules at certain airports
‘‘(a) TERMINATION.—The rules contained in subparts
S and K of part 93, title 14, Code of Federal Regulations,
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shall not apply after December 31, 2006, at LaGuardia Air-
port or John F. Kennedy International Airport.
‘‘(b) FAA SAFETY AUTHORITY NOT COMPROMISED.—
Nothing in subsection (a) affects the Federal Aviation Ad-
ministration’s authority for safety and the movement of air
traffic.
(c) PRESERVATION OF EXISTING SERVICE.—Chapter
417, as amended by subsection (b), is amended by inserting
after section 41715 the following:
‘‘§ 41716. Preservation of certain existing slot-related
air service
‘‘An air carrier that provides air transportation of
passengers from a high density airport (other than Ronald
Reagan Washington National Airport) to a small hub air-
port or nonhub airport, or to an airport that is smaller
than a small hub or nonhub airport, on or before the date
of enactment of the Air Transportation Improvement Act
pursuant to an exemption from the requirements under sub-
parts K and S of part 93 of title 14, Code of Federal Regu-
lations (pertaining to slots at high density airports), or
where slots were issued to an airline conditioned on a spe-
cific airport being served, may not terminate air transpor-
tation service for that route for a period of 2 years (with
respect to service from LaGuardia Airport or John F. Ken-
nedy International Airport), or 4 years (with respect to
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service from Chicago O’Hare International Airport), after
the date on which those requirements cease to apply to that
high density airport unless—
‘‘(1) before October 1, 1999, the Secretary re-
ceived a written air service termination notice for
that route; or
‘‘(2) after September 30, 1999, the air carrier
submits an air service termination notice under sec-
tion 41720 for that route and the Secretary deter-
mines that the carrier suffered excessive losses, includ-
ing substantial losses on operations on that route dur-
ing the calendar quarters immediately preceding sub-
mission of the notice.’’.
(d) SPECIAL RULES AFFECTING LAGUARDIA AIRPORT
AND JOHN F. KENNEDY INTERNATIONAL AIRPORT.—Chap-
ter 417, as amended by subsection (c), is amended by insert-
ing after section 41716 the following:
‘‘§ 41717. Interim slot rules at New York airports
‘‘(a) IN GENERAL.—The Secretary of Transportation
may, by order, grant exemptions from the requirements
under subparts K and S of part 93 of title 14, Code of Fed-
eral Regulations (pertaining to slots at high density air-
ports) with respect to a regional jet aircraft providing air
transportation between LaGuardia Airport or John F. Ken-
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nedy International Airport and a small hub or nonhub
airport—
‘‘(1) if the operator of the regional jet aircraft
was not providing such air transportation during the
week of June 15, 1999; or
‘‘(2) if the level of air transportation to be pro-
vided between such airports by the operator of the re-
gional jet aircraft during any week will exceed the
level of air transportation provided by such operator
between such airports during the week of June 15,
1999.’’.
(e) SPECIAL RULES AFFECTING CHICAGO O’HARE
INTERNATIONAL AIRPORT.—
(1) IN GENERAL.—Subchapter I of chapter 417,
as amended by subsection (d), is amended by insert-
ing after section 41717 the following:
‘‘§ 41718. Special Rules for Chicago O’Hare Inter-
national Airport
‘‘(a) IN GENERAL.—The Secretary of Transportation
shall grant 30 slot exemptions over a 3-year period begin-
ning on the date of enactment of the Air Transportation
Improvement Act at Chicago O’Hare International Airport.
‘‘(b) EQUIPMENT AND SERVICE REQUIREMENTS.—
‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An exemp-
tion may not be granted under this section with re-
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spect to any aircraft that is not a Stage 3 aircraft
(as defined by the Secretary).
‘‘(2) SERVICE
PROVIDED.—Of the exemptions
granted under subsection (a)—
‘‘(A) 18 shall be used only for service to un-
derserved markets, of which no fewer than 6 shall
be designated as commuter slot exemptions; and
‘‘(B) 12 shall be air carrier slot exemptions.
‘‘(c) PROCEDURAL REQUIREMENTS.—Before granting
exemptions under subsection (a), the Secretary shall—
‘‘(1) conduct an environmental review, taking
noise into account, and determine that the granting
of the exemptions will not cause a significant increase
in noise;
‘‘(2) determine whether capacity is available and
can be used safely and, if the Secretary so determines
then so certify;
‘‘(3) give 30 days notice to the public through
publication in the Federal Register of the Secretary’s
intent to grant the exemptions; and
‘‘(4) consult with appropriate officers of the
State and local government on any related noise and
environmental issues.
‘‘(d) UNDERSERVED MARKET DEFINED.—In this sec-
tion, the term ‘service to underserved markets’ means pas-
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senger air transportation service to an airport that is a
nonhub airport or a small hub airport (as defined in para-
graphs (4) and (5), respectively, of section 41731(a)).’’.
(2) 3-YEAR REPORT.—The Secretary shall study
and submit a report 3 years after the first exemption
granted under section 41718(a) of title 49, United
States Code, is first used on the impact of the addi-
tional slots on the safety, environment, noise, access
to underserved markets, and competition at Chicago
O’Hare International Airport.
(f) SPECIAL RULES AFFECTING REAGAN WASHINGTON
NATIONAL AIRPORT.—
(1) IN GENERAL.—Chapter 417, as amended by
subsection (e), is amended by inserting after section
41718 the following:
‘‘§ 41719. Special Rules for Ronald Reagan Wash-
ington National Airport
‘‘(a) BEYOND-PERIMETER EXEMPTIONS.—The Sec-
retary shall by order grant exemptions from the application
of sections 49104(a)(5), 49109, 49111(e), and 41714 of this
title to air carriers to operate limited frequencies and air-
craft on select routes between Ronald Reagan Washington
National Airport and domestic hub airports and exemp-
tions from the requirements of subparts K and S of part
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93, Code of Federal Regulations, if the Secretary finds that
the exemptions will—
‘‘(1) provide air transportation service with do-
mestic network benefits in areas beyond the perimeter
described in that section;
‘‘(2) increase competition by new entrant air
carriers or in multiple markets;
‘‘(3) not reduce travel options for communities
served by small hub airports and medium hub air-
ports within the perimeter described in section 49109
of this title; and
‘‘(4) not result in meaningfully increased travel
delays.
‘‘(b) WITHIN-PERIMETER
EXEMPTIONS.—The Sec-
retary shall by order grant exemptions from the require-
ments of sections 49104(a)(5), 49111(e), and 41714 of this
title and subparts K and S of part 93 of title 14, Code
of Federal Regulations, to air carriers for service to airports
that were designated as medium-hub or smaller airports in
the Federal Aviation Administration’s Primary Airport
Enplanement Activity Summary for Calendar Year 1997
within the perimeter established for civil aircraft operations
at Ronald Reagan Washington National Airport under sec-
tion 49109. The Secretary shall develop criteria for distrib-
uting slot exemptions for flights within the perimeter to
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such airports under this paragraph in a manner that pro-
motes air transportation—
‘‘(1) by new entrant and limited incumbent air
carriers;
‘‘(2) to communities without existing service to
Ronald Reagan Washington National Airport;
‘‘(3) to small communities; or
‘‘(4) that will provide competitive service on a
monopoly nonstop route to Ronald Reagan Wash-
ington National Airport.
‘‘(c) LIMITATIONS.—
‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An exemp-
tion may not be granted under this section with re-
spect to any aircraft that is not a Stage 3 aircraft
(as defined by the Secretary).
‘‘(2) GENERAL
EXEMPTIONS.—The exemptions
granted under subsections (a) and (b) may not in-
crease the number of operations at Ronald Reagan
Washington National Airport in any 1-hour period
during the hours between 7:00 a.m. and 9:59 p.m. by
more than 2 operations.
‘‘(3) ADDITIONAL EXEMPTIONS.—The Secretary
shall grant exemptions under subsections (a) and (b)
that—
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‘‘(A) will result in 12 additional daily air
carrier slot exemptions at such airport for long-
haul service beyond the perimeter;
‘‘(B) will result in 12 additional daily air
carrier slot exemptions at such airport for serv-
ice within the perimeter; and
‘‘(C) will not result in additional daily slot
exemptions for service to any within-the-perim-
eter airport that was designated as a large-hub
airport in the Federal Aviation Administration’s
Primary Airport Enplanement Activity Sum-
mary for Calendar Year 1997.
‘‘(4) ASSESSMENT OF SAFETY, NOISE AND ENVI-
RONMENTAL IMPACTS.—The Secretary shall assess the
impact of granting exemptions, including the impacts
of the additional slots and flights at Ronald Reagan
Washington National Airport provided under sub-
sections (a) and (b) on safety, noise levels and the en-
vironment within 90 days of the date of the enact-
ment of the Air Transportation Improvement Act.
The environmental assessment shall be carried out in
accordance with parts 1500–1508 of title 40, Code of
Federal Regulations. Such environmental assessment
shall include a public meeting.
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‘‘(5) APPLICABILITY
WITH
EXEMPTION
5133.—
Nothing in this section affects Exemption No. 5133,
as from time-to-time amended and extended.’’.
(2) OVERRIDE OF MWAA RESTRICTION.—Section
49104(a)(5) is amended by adding at the end thereof
the following:
‘‘(D) Subparagraph (C) does not apply to any
increase in the number of instrument flight rule take-
offs and landings necessary to implement exemptions
granted by the Secretary under section 41719.’’.
(3) MWAA 
NOISE-RELATED
GRANT
ASSUR-
ANCES.—
(A) IN GENERAL.—In addition to any con-
dition for approval of an airport development
project that is the subject of a grant application
submitted to the Secretary of Transportation
under chapter 471 of title 49, United States
Code, by the Metropolitan Washington Airports
Authority, the Authority shall be required to sub-
mit a written assurance that, for each such grant
made to the Authority for fiscal year 2000 or
any subsequent fiscal year—
(i) the Authority will make available
for that fiscal year funds for noise compat-
ibility planning and programs that are eli-
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gible to receive funding under chapter 471
of title 49, United States Code, in an
amount not less than 10 percent of the ag-
gregate annual amount of financial assist-
ance provided to the Authority by the Sec-
retary as grants under chapter 471 of title
49, United States Code; and
(ii) the Authority will not divert funds
from a high priority safety project in order
to make funds available for noise compat-
ibility planning and programs.
(B) WAIVER.—The Secretary of Transpor-
tation may waive the requirements of subpara-
graph (A) for any fiscal year for which the Sec-
retary determines that the Metropolitan Wash-
ington Airports Authority is in full compliance
with applicable airport noise compatibility plan-
ning and program requirements under part 150
of title 14, Code of Federal Regulations.
(C) SUNSET.—This paragraph shall cease to
be in effect 5 years after the date of enactment
of this Act if on that date the Secretary of
Transportation certifies that the Metropolitan
Washington Airports Authority has achieved full
compliance with applicable noise compatibility
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planning and program requirements under part
150 of title 14, Code of Federal Regulations.
(4) REPORT.—Within 1 year after the date of
enactment of this Act, and biannually thereafter, the
Secretary shall certify to the United States Senate
Committee on Commerce, Science, and Transpor-
tation, the United States House of Representatives
Committee on Transportation and Infrastructure, the
Governments of Maryland, Virginia, and West Vir-
ginia and the metropolitan planning organization for
Washington, D.C., that noise standards, air traffic
congestion, airport-related vehicular congestion, safety
standards, and adequate air service to communities
served by small hub airports and medium hub air-
ports within the perimeter described in section 49109
of title 49, United States Code, have been maintained
at appropriate levels.
(g) NOISE
COMPATIBILITY
PLANNING
AND
PRO-
GRAMS.—Section 47117(e) is amended by adding at the end
the following:
‘‘(3) The Secretary shall give priority in making
grants under paragraph (1)(A) to applications for
airport noise compatibility planning and programs
at and around—
‘‘(A) LaGuardia Airport;
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‘‘(B) John F. Kennedy International Air-
port; and
‘‘(C) Ronald Reagan Washington National
Airport.’’.
(h) STUDY OF COMMUNITY NOISE LEVELS AROUND
HIGH DENSITY AIRPORTS.—The Secretary of Transpor-
tation shall study community noise levels in the areas sur-
rounding the 4 high-density airports after the 100 percent
Stage 3 fleet requirements are in place, and compare those
levels with the levels in such areas before 1991.
(i) CONFORMING AMENDMENTS.—
(1) Section 49111 is amended by striking sub-
section (e).
(2) The chapter analysis for subchapter I of
chapter 417 is amended—
(A) by redesignating the items relating to
sections 41715 and 41716 as relating to sections
41720 and 41721, respectively; and
(B) by inserting after the item relating to
section 41714 the following:
‘‘41715. Phase-out of slot rules at certain airports.
‘‘41716. Preservation of certain existing slot-related air service.
‘‘41717. Interim slot rules at New York airports.
‘‘41718. Interim application of slot rules at Chicago O’Hare. International Air-
port.
‘‘41719. Special Rules for Ronald Reagan Washington National Airport.’’.
(3) 
CONFORMING
AMENDMENT.—Section
41714(a)(3) is amended by adding at the end thereof
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the following: ‘‘The 132 slot cap under this paragraph
does not apply to exemptions or slots made available
under section 41718.’’.
SEC. 507. CONSUMER NOTIFICATION OF E-TICKET EXPIRA-
TION DATES.
Section 41712, as amended by section 505 of this Act,
is amended by adding at the end thereof the following:
‘‘(d) E-TICKET EXPIRATION NOTICE.—It shall be an
unfair or deceptive practice under subsection (a) for any
air carrier utilizing electronically transmitted tickets to fail
to notify the purchaser of such a ticket of its expiration
date, if any.’’.
SEC. 508. REGIONAL AIR SERVICE INCENTIVE OPTIONS.
(a) PURPOSE.—The purpose of this section is to pro-
vide the Congress with an analysis of means to improve
service by jet aircraft to underserved markets by author-
izing a review of different programs of Federal financial
assistance, including loan guarantees like those that would
have been provided for by section 2 of S. 1353, 105th Con-
gress, as introduced, to commuter air carriers that would
purchase regional jet aircraft for use in serving those mar-
kets.
(b) STUDY.—The Secretary of Transportation shall
study the efficacy of a program of Federal loan guarantees
for the purchase of regional jets by commuter air carriers.
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The Secretary shall include in the study a review of options
for funding, including alternatives to Federal funding. In
the study, the Secretary shall analyze—
(1) the need for such a program;
(2) its potential benefit to small communities;
(3) the trade implications of such a program;
(4) market implications of such a program for
the sale of regional jets;
(5) the types of markets that would benefit the
most from such a program;
(6) the competitive implications of such a pro-
gram; and
(7) the cost of such a program.
(c) REPORT.—The Secretary shall submit a report of
the results of the study to the Senate Committee on Com-
merce, Science, and Transportation and the House of Rep-
resentatives Committee on Transportation and Infrastruc-
ture not later than 24 months after the date of enactment
of this Act.
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SEC. 509. REQUIREMENT TO ENHANCE COMPETITIVENESS
OF SLOT EXEMPTIONS FOR REGIONAL JET
AIR SERVICE AND NEW ENTRANT AIR CAR-
RIERS AT CERTAIN HIGH DENSITY TRAFFIC
AIRPORTS.
(a) IN GENERAL.—Subchapter I of chapter 417, as
amended by sections 507 and 508, is amended by adding
at the end thereof the following:
‘‘§ 41721. Requirement to enhance competitiveness of
slot exemptions for nonstop regional jet
air service and new entrant air carriers
at certain airports
‘‘In granting slot exemptions for nonstop regional jet
air service and new entrant air carriers under this sub-
chapter to John F. Kennedy International Airport, and La
Guardia Airport, the Secretary of Transportation shall re-
quire the Federal Aviation Administration to provide com-
mercially reasonable times to takeoffs and landings of air
flights conducted under those exemptions.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for subchapter I of chapter 417, as amended by this title,
is amended by adding at the end thereof the following:
‘‘41721. Requirement to enhance competitiveness of slot exemptions for nonstop re-
gional jet air service and new entrant air carriers at certain
airports.’’.
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TITLE VI—NATIONAL PARKS
OVERFLIGHTS
SEC. 601. FINDINGS.
The Congress finds that—
(1) the Federal Aviation Administration has sole
authority to control airspace over the United States;
(2) the Federal Aviation Administration has the
authority to preserve, protect, and enhance the envi-
ronment by minimizing, mitigating, or preventing
the adverse effects of aircraft overflights on the public
and tribal lands;
(3) the National Park Service has the responsi-
bility of conserving the scenery and natural and his-
toric objects and wildlife in national parks and of
providing for the enjoyment of the national parks in
ways that leave the national parks unimpaired for fu-
ture generations;
(4) the protection of tribal lands from aircraft
overflights is consistent with protecting the public
health and welfare and is essential to the mainte-
nance of the natural and cultural resources of Indian
tribes;
(5) the National Parks Overflights Working
Group, composed of general aviation, air tour, envi-
ronmental, and Native American representatives, rec-
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ommended that the Congress enact legislation based
on its consensus work product; and
(6) this title reflects the recommendations made
by that Group.
SEC. 602. AIR TOUR MANAGEMENT PLANS FOR NATIONAL
PARKS.
(a) IN GENERAL.—Chapter 401, as amended by sec-
tion 301 of this Act, is amended by adding at the end the
following:
‘‘§ 40126. Overflights of national parks
‘‘(a) IN GENERAL.—
‘‘(1) GENERAL REQUIREMENTS.—A commercial
air tour operator may not conduct commercial air
tour operations over a national park or tribal lands
except—
‘‘(A) in accordance with this section;
‘‘(B) in accordance with conditions and
limitations prescribed for that operator by the
Administrator; and
‘‘(C) in accordance with any effective air
tour management plan for that park or those
tribal lands.
‘‘(2) APPLICATION
FOR
OPERATING
AUTHOR-
ITY.—
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‘‘(A) APPLICATION REQUIRED.—Before com-
mencing commercial air tour operations over a
national park or tribal lands, a commercial air
tour operator shall apply to the Administrator
for authority to conduct the operations over that
park or those tribal lands.
‘‘(B) COMPETITIVE BIDDING FOR LIMITED
CAPACITY PARKS.—Whenever a commercial air
tour management plan limits the number of
commercial air tour flights over a national park
area during a specified time frame, the Adminis-
trator, in cooperation with the Director, shall
authorize commercial air tour operators to pro-
vide such service. The authorization shall specify
such terms and conditions as the Administrator
and the Director find necessary for management
of commercial air tour operations over the na-
tional park. The Administrator, in cooperation
with the Director, shall develop an open competi-
tive process for evaluating proposals from per-
sons interested in providing commercial air tour
services over the national park. In making a se-
lection from among various proposals submitted,
the Administrator, in cooperation with the Di-
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rector, 
shall 
consider 
relevant 
factors,
including—
‘‘(i) the safety record of the company
or pilots;
‘‘(ii) any quiet aircraft technology pro-
posed for use;
‘‘(iii) the experience in commercial air
tour operations over other national parks or
scenic areas;
‘‘(iv) the financial capability of the
company;
‘‘(v) any training programs for pilots;
and
‘‘(vi) responsiveness to any criteria de-
veloped by the National Park Service or the
affected national park.
‘‘(C) NUMBER
OF
OPERATIONS
AUTHOR-
IZED.—In determining the number of authoriza-
tions to issue to provide commercial air tour
service over a national park, the Administrator,
in cooperation with the Director, shall take into
consideration the provisions of the air tour man-
agement plan, the number of existing commercial
air tour operators and current level of service
and equipment provided by any such companies,
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and the financial viability of each commercial
air tour operation.
‘‘(D) COOPERATION
WITH
NPS.—Before
granting an application under this paragraph,
the Administrator shall, in cooperation with the
Director, develop an air tour management plan
in accordance with subsection (b) and implement
such plan.
‘‘(E) TIME LIMIT ON RESPONSE TO ATMP
APPLICATIONS.—The Administrator shall act on
any such application and issue a decision on the
application not later than 24 months after it is
received or amended.
‘‘(3) EXCEPTION.—Notwithstanding paragraph
(1), commercial air tour operators may conduct com-
mercial air tour operations over a national park
under part 91 of the Federal Aviation Regulations
(14 CFR 91.1 et seq.) if—
‘‘(A) such activity is permitted under part
119 (14 CFR 119.1(e)(2));
‘‘(B) the operator secures a letter of agree-
ment from the Administrator and the national
park superintendent for that national park de-
scribing the conditions under which the flight op-
erations will be conducted; and
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‘‘(C) the total number of operations under
this exception is limited to not more than 5
flights in any 30-day period over a particular
park.
‘‘(4) SPECIAL
RULE
FOR
SAFETY
REQUIRE-
MENTS.—Notwithstanding subsection (c), an existing
commercial air tour operator shall, not later than 90
days after the date of enactment of the Air Transpor-
tation Improvement Act, apply for operating author-
ity under part 119, 121, or 135 of the Federal Avia-
tion Regulations (14 CFR Pt. 119, 121, or 135). A
new entrant commercial air tour operator shall apply
for such authority before conducting commercial air
tour operations over a national park or tribal lands.
‘‘(b) AIR TOUR MANAGEMENT PLANS.—
‘‘(1) ESTABLISHMENT OF ATMPS.—
‘‘(A) IN
GENERAL.—The Administrator
shall, in cooperation with the Director, establish
an air tour management plan for any national
park or tribal land for which such a plan is not
already in effect whenever a person applies for
authority to operate a commercial air tour over
the park. The development of the air tour man-
agement plan is to be a cooperative undertaking
between the Federal Aviation Administration
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and the National Park Service. The air tour
management plan shall be developed by means of
a public process, and the agencies shall develop
information and analysis that explains the con-
clusions that the agencies make in the applica-
tion of the respective criteria. Such explanations
shall be included in the Record of Decision and
may be subject to judicial review.
‘‘(B) OBJECTIVE.—The objective of any air
tour management plan shall be to develop accept-
able and effective measures to mitigate or pre-
vent the significant adverse impacts, if any, of
commercial air tours upon the natural and cul-
tural resources and visitor experiences and tribal
lands.
‘‘(2) ENVIRONMENTAL DETERMINATION.—In es-
tablishing an air tour management plan under this
subsection, the Administrator and the Director shall
each sign the environmental decision document re-
quired by section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332) which may in-
clude a finding of no significant impact, an environ-
mental assessment, or an environmental impact state-
ment, and the Record of Decision for the air tour
management plan.
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‘‘(3) CONTENTS.—An air tour management plan
for a national park—
‘‘(A) may prohibit commercial air tour op-
erations in whole or in part;
‘‘(B) may establish conditions for the con-
duct of commercial air tour operations, includ-
ing commercial air tour routes, maximum or
minimum altitudes, time-of-day restrictions, re-
strictions for particular events, maximum num-
ber of flights per unit of time, intrusions on pri-
vacy on tribal lands, and mitigation of noise,
visual, or other impacts;
‘‘(C) shall apply to all commercial air tours
within 1⁄2 mile outside the boundary of a na-
tional park;
‘‘(D) shall include incentives (such as pre-
ferred commercial air tour routes and altitudes,
relief from caps and curfews) for the adoption of
quiet aircraft technology by commercial air tour
operators conducting commercial air tour oper-
ations at the park;
‘‘(E) shall provide for the initial allocation
of opportunities to conduct commercial air tours
if the plan includes a limitation on the number
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of commercial air tour flights for any time pe-
riod; and
‘‘(F) shall justify and document the need for
measures taken pursuant to subparagraphs (A)
through (E).
‘‘(4) PROCEDURE.—In establishing a commercial
air tour management plan for a national park, the
Administrator and the Director shall—
‘‘(A) initiate at least one public meeting
with interested parties to develop a commercial
air tour management plan for the park;
‘‘(B) publish the proposed plan in the Fed-
eral Register for notice and comment and make
copies of the proposed plan available to the pub-
lic;
‘‘(C) comply with the regulations set forth
in sections 1501.3 and 1501.5 through 1501.8 of
title 40, Code of Federal Regulations (for pur-
poses of complying with those regulations, the
Federal Aviation Administration is the lead
agency and the National Park Service is a co-
operating agency); and
‘‘(D) solicit the participation of any Indian
tribe whose tribal lands are, or may be,
overflown by aircraft involved in commercial air
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tour operations over a national park or tribal
lands, as a cooperating agency under the regula-
tions referred to in paragraph (4)(C).
‘‘(5) AMENDMENTS.—Any amendment of an air
tour management plan shall be published in the Fed-
eral Register for notice and comment. A request for
amendment of an air tour management plan shall be
made in such form and manner as the Administrator
may prescribe.
‘‘(c) INTERIM OPERATING AUTHORITY.—
‘‘(1) IN GENERAL.—Upon application for oper-
ating authority, the Administrator shall grant in-
terim operating authority under this paragraph to a
commercial air tour operator for a national park or
tribal lands for which the operator is an existing
commercial air tour operator.
‘‘(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-
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ment of the Air Transportation Improve-
ment Act; 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 seasons
covered by that 12-month period;
‘‘(B) may not provide for an increase in the
number of operations conducted during any time
period by the commercial air tour operator to
which it is granted unless the increase is agreed
to by the Administrator 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 estab-
lished for that park or those tribal lands; and
‘‘(F) shall—
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‘‘(i) promote protection of national
park resources, visitor experiences, and trib-
al lands;
‘‘(ii) promote safe operations of the
commercial air tour;
‘‘(iii) promote the adoption of quiet
technology, as appropriate; and
‘‘(iv) allow for modifications of the op-
eration based on experience if the modifica-
tion 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 in-
terim operating authority under this paragraph
to an air tour operator for a national park for
which that operator is a new entrant air tour
operator if the Administrator determines the au-
thority is necessary to ensure competition in the
provision of commercial air tours over that na-
tional park or those tribal lands.
‘‘(B) SAFETY
LIMITATION.—The Adminis-
trator may not grant interim operating author-
ity under subparagraph (A) if the Administrator
determines that it would create a safety problem
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at that park or on tribal lands, or the Director
determines that it would create a noise problem
at that park or on tribal lands.
‘‘(C) ATMP LIMITATION.—The Adminis-
trator 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 enactment of the Air Transportation Im-
provement Act.
‘‘(d) DEFINITIONS.—In this section, the following defi-
nitions apply:
‘‘(1) COMMERCIAL AIR TOUR.—The term ‘com-
mercial air tour’ means any flight conducted for com-
pensation or hire in a powered aircraft where a pur-
pose of the flight is sightseeing. If the operator of a
flight asserts that the flight is not a commercial air
tour, factors that can be considered by the Adminis-
trator in making a determination of whether the
flight is a commercial air tour, include, but are not
limited to—
‘‘(A) whether there was a holding out to the
public of willingness to conduct a sightseeing
flight for compensation or hire;
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‘‘(A) applies for operating authority as a
commercial air tour operator for a national
park; and
‘‘(B) has not engaged in the business of pro-
viding commercial air tours over that national
park or those tribal lands in the 12-month pe-
riod preceding the application.
‘‘(5) COMMERCIAL AIR TOUR OPERATIONS.—The
term ‘commercial air tour operations’ means commer-
cial air tour flight operations conducted—
‘‘(A) over a national park or within 1⁄2 mile
outside the boundary of any national park;
‘‘(B) below a minimum altitude, determined
by the Administrator in cooperation with the Di-
rector, above ground level (except solely for pur-
poses 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); and
‘‘(C) less than 1 mile laterally from any ge-
ographic feature within the park (unless more
than 1⁄2 mile outside the boundary).
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‘‘(6) NATIONAL PARK.—The term ‘national park’
means any unit of the National Park System.
‘‘(7) TRIBAL
LANDS.—The term ‘tribal lands’
means ‘Indian country’, as defined by section 1151 of
title 18, United States Code, that is within or abut-
ting a national park.
‘‘(8) 
ADMINISTRATOR.—The 
term 
‘Adminis-
trator’ means the Administrator of the Federal Avia-
tion Administration.
‘‘(9) DIRECTOR.—The term ‘Director’ means the
Director of the National Park Service.’’.
(b) EXEMPTIONS AND SPECIAL RULES.—
(1) GRAND CANYON.—Section 40126 of title 49,
United States Code, as added by subsection (a), does
not apply to—
(A) the Grand Canyon National Park; or
(B) Indian country within or abutting the
Grand Canyon National Park.
(2) LAKE MEAD.—A commercial air tour of the
Grand Canyon that transits over or near the Lake
Mead National Recreation Area en route to, or re-
turning from, the Grand Canyon, without offering a
deviation in flight path between its point of origin
and the Grand Canyon, shall be considered, for pur-
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poses of paragraph (1), to be exclusively a commercial
air tour of the Grand Canyon.
(3) QUIET AIRCRAFT TECHNOLOGY FOR GRAND
CANYON.—
(A) QUIET TECHNOLOGY REQUIREMENTS.—
Within 9 months after the date of enactment of
this Act, the Administrator of the Federal Avia-
tion Administration shall designate reasonably
achievable requirements for fixed-wing and heli-
copter aircraft necessary for such aircraft to be
considered as employing quiet aircraft tech-
nology for purposes of this section. If no require-
ments are promulgated as mandated by this
paragraph, then beginning 9 months after enact-
ment of this Act and until the provisions of this
paragraph are met, any aircraft shall be consid-
ered to be in compliance with this paragraph.
(B) ROUTES OR CORRIDORS.—The Admin-
istrator shall by rule establish routes or corridors
for commercial air tours (as defined in section
40126(d)(1) of title 49, United States Code) by
fixed-wing and helicopter aircraft that employ
quiet aircraft technology for—
(i) tours of the Grand Canyon origi-
nating in Clark County, Nevada; and
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(ii) ‘‘local loop’’ tours originating at
the Grand Canyon National Park Airport,
in Tusayan, Arizona.
(C) OPERATIONAL
CAPS
AND
EXPANDED
HOURS.—Commercial air tours (as so defined)
by any fixed-wing or helicopter aircraft that em-
ploys quiet aircraft technology and that replaces
an existing aircraft—
(i) shall not be subject to operational
flight allocations applicable to other com-
mercial air tours of the Grand Canyon; and
(ii) may be conducted during the hours
from 7:00 a.m. to 7:00 p.m.
(D) MODIFICATION OF EXISTING AIRCRAFT
TO MEET STANDARDS.—A commercial air tour
(as so defined) by a fixed-wing or helicopter air-
craft in a commercial air tour operator’s fleet on
the date of enactment of this Act that meets the
requirements designated under subparagraph
(A), or is subsequently modified to meet the re-
quirements designated under subparagraph (A)
may be used for commercial air tours under the
same terms and conditions as a replacement air-
craft under subparagraph (C) without regard to
whether it replaces an existing aircraft.
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(E) 
GOAL
OF
RESTORING
NATURAL
QUIET.—Nothing in this paragraph reduces the
goal, established for the Federal Aviation Admin-
istration and the National Park Service under
Public Law 100–91 (16 U.S.C. 1a–1 note), of
achieving substantial restoration of the natural
quiet at the Grand Canyon National Park.
(4) ALASKA.—The provisions of this title and
section 40126 of title 49, United States Code, as
added by subsection (a), do not apply to any land or
waters located in Alaska.
(5) COMPLIANCE WITH OTHER REGULATIONS.—
For purposes of section 40126 of title 49, United
States Code—
(A) regulations issued by the Secretary of
Transportation and the Administrator of the
Federal Aviation Administration under section 3
of Public Law 100–91 (16 U.S.C. 1a–1, note);
and
(B) commercial air tour operations carried
out in compliance with the requirements of those
regulations,
shall be deemed to meet the requirements of such sec-
tion 40126.
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(c) CLERICAL AMENDMENT.—The table of sections for
chapter 401 is amended by adding at the end thereof the
following:
‘‘40126. Overflights of national parks.’’.
SEC. 603. ADVISORY GROUP.
(a) ESTABLISHMENT.—Not later than 1 year after the
date of enactment of this Act, the Administrator of the Fed-
eral Aviation Administration and the Director of the Na-
tional Park Service shall jointly establish an advisory
group to provide continuing advice and counsel with respect
to the operation of commercial air tours over and near na-
tional 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 Aviation
Administration; and
(C) a representative of the National Park
Service.