186
HR 1000 RFS
a new standard for aircraft and aircraft engines that will
lead to a further reduction in aircraft noise levels.
(b) REPORT.—Not later than March 1, 2000, and an-
nually thereafter, the Secretary shall transmit to Congress
a report regarding the application of new standards or
technologies to reduce aircraft noise levels.
SEC. 731. FAA CONSIDERATION OF CERTAIN STATE PRO-
POSALS.
The Administrator is encouraged to consider any pro-
posal with a regional consensus submitted by a State avia-
tion authority regarding the expansion of existing airport
facilities or the introduction of new airport facilities.
SEC. 732. CINCINNATI-MUNICIPAL BLUE ASH AIRPORT.
(a) APPROVAL OF SALE.—To maintain the efficient
utilization of airports in the high-growth Cincinnati local
airport system, and to ensure that the Cincinnati-Munic-
ipal Blue Ash Airport continues to operate to relieve con-
gestion at Cincinnati-Northern Kentucky International
Airport and to provide greater access to the general avia-
tion community beyond the expiration of the City of Cin-
cinnati’s grant obligations, the Secretary of Transpor-
tation may approve the sale of Cincinnati-Municipal Blue
Ash Airport from the City of Cincinnati to the City of
Blue Ash upon a finding that the City of Blue Ash meets
all applicable requirements for sponsorship and if the City
187
HR 1000 RFS
of Blue Ash agrees to continue to maintain and operate
Blue Ash Airport, as generally contemplated and described
within the Blue Ash Master Plan Update dated November
30, 1998, for a period of 20 years from the date existing
grant assurance obligations of the City of Cincinnati ex-
pire.
(b) TREATMENT OF PROCEEDS FROM SALE.—The
proceeds from the sale approved under subsection (a) shall
not be considered to be airport revenue for purposes of
section 47107 and 47133 of title 49, United States Code,
grant obligations of the City of Cincinnati, or regulations
and policies of the Federal Aviation Administration.
SEC. 733. AIRCRAFT AND AIRCRAFT PARTS FOR USE IN RE-
SPONDING TO OIL SPILLS.
(a) AUTHORITY TO SELL.—
(1) IN GENERAL.—Notwithstanding section 202
of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 483) and subject to sub-
sections (b) and (c), the Secretary of Defense may,
during the period beginning June 15, 1999, and
ending September 30, 2002, sell aircraft and air-
craft parts referred to in paragraph (2) to a person
or governmental entity that contracts to deliver oil
dispersants by air in order to disperse oil spills, and
that has been approved by the Secretary of the De-
188
HR 1000 RFS
partment in which the Coast Guard is operating for
the delivery of oil dispersants by air in order to dis-
perse oil spills.
(2) 
COVERED
AIRCRAFT
AND
AIRCRAFT
PARTS.—The aircraft and aircraft parts that may be
sold under paragraph (1) are aircraft and aircraft
parts of the Department of Defense that are deter-
mined by the Secretary of Defense to be—
(A) excess to the needs of the Department;
(B) acceptable for commercial sale; and
(C) with respect to aircraft, 10 years old
or older.
(b) CONDITIONS
OF SALE.—Aircraft and aircraft
parts sold under subsection (a)—
(1) may be used only for oil spill spotting, ob-
servation, and dispersant delivery; and
(2) may not be flown outside of or removed
from the United States, except for the purpose of
fulfilling an international agreement to assist in oil
spill dispersing efforts or for other purposes that are
jointly approved by the Secretary of Defense and the
Secretary of Transportation.
(c) CERTIFICATION OF PERSONS AND ENTITIES.—
The Secretary of Defense may sell aircraft and aircraft
parts to a person or governmental entity under subsection
189
HR 1000 RFS
(a) only if the Secretary of Transportation certifies to the
Secretary of Defense, in writing, before the sale, that the
person or governmental entity is capable of meeting the
terms and conditions of a contract to deliver oil spill
dispersants by air.
(d) REGULATIONS.—
(1) IN GENERAL.—As soon as practicable after
the date of the enactment of this Act, the Secretary
of Defense, in consultation with the Secretary of
Transportation and the Administrator of General
Services, shall issue regulations relating to the sale
of aircraft and aircraft parts under this section.
(2) CONTENTS.—The regulations shall—
(A) ensure that the sale of the aircraft and
aircraft parts is made at a fair market value as
determined by the Secretary of Defense, and, to
the extent practicable, on a competitive basis;
(B) require a certification by the purchaser
that the aircraft and aircraft parts will be used
in accordance with the conditions set forth in
subsection (b);
(C) 
establish 
appropriate 
means 
of
verifying and enforcing the use of the aircraft
and aircraft parts by the purchaser and other
users in accordance with the conditions set
190
HR 1000 RFS
forth in subsection (b) or pursuant to sub-
section (e); and
(D) ensure, to the maximum extent prac-
ticable, that the Secretary of Defense consults
with the Administrator of General Services and
with the heads of other appropriate depart-
ments and agencies of the Federal Government
regarding alternative uses for such aircraft and
aircraft parts before the sale of such aircraft
and aircraft parts under this section.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary of Defense may require such other terms and
conditions in connection with each sale of aircraft and air-
craft parts under this section as the Secretary of Defense
considers appropriate for such sale. Such terms and condi-
tions shall meet the requirements of regulations issued
under subsection (d).
(f) REPORT.—Not later than March 31, 2002, the
Secretary of Defense shall submit to the Committee on
Armed Services and the Committee on Commerce,
Science, and Transportation of the Senate and the Com-
mittee on Armed Services and the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives a report on the Secretary of Defense’s exercise of
authority under this section. The report shall set forth—
191
HR 1000 RFS
(1) the number and types of aircraft sold under
this section, and the terms and conditions under
which the aircraft were sold;
(2) the persons or entities to which the aircraft
were sold; and
(3) an accounting of the current use of the air-
craft sold.
(g) CONSTRUCTION.—Nothing in this section may be
construed as affecting the authority of the Administrator
of the Federal Aviation Administration under any other
provision of law.
(h) PROCEEDS FROM SALE.—The net proceeds of
any amounts received by the Secretary of Defense from
the sale of aircraft and aircraft parts under this section
shall be deposited into the general fund of the Treasury
as miscellaneous receipts.
SEC. 734. DISCRIMINATORY PRACTICES BY COMPUTER RES-
ERVATIONS SYSTEMS OUTSIDE THE UNITED
STATES.
(a) ACTIONS AGAINST DISCRIMINATORY ACTIVITY BY
FOREIGN CRS SYSTEMS.—Section 41310 is amended by
adding at the end the following:
‘‘(g) ACTIONS AGAINST DISCRIMINATORY ACTIVITY
BY FOREIGN CRS SYSTEMS.—The Secretary of Transpor-
tation may take such actions as the Secretary considers
193
HR 1000 RFS
(C) by striking ‘‘air carrier’’ in subpara-
graph (B) and inserting ‘‘air carrier or com-
puter reservations system firm’’; and
(2) in subsection (e)(1) by inserting ‘‘or a com-
puter reservations system firm is subject when pro-
viding services with respect to airline service’’ before
the period at the end of the first sentence.
SEC. 735. ALKALI SILICA REACTIVITY DISTRESS.
(a) IN GENERAL.—The Administrator may make a
grant to, or enter into a cooperative agreement with, a
nonprofit organization for the conduct of a study on the
impact of alkali silica reactivity distress on airport run-
ways and taxiways and the use of lithium salts and other
alternatives for mitigation and prevention of such distress.
(b) REPORT.—Not later than 18 months after mak-
ing a grant, or entering into a cooperative agreement,
under subsection (a) the Administrator shall transmit a
report to Congress on the results of the study.
SEC. 736. PROCUREMENT OF PRIVATE ENTERPRISE MAP-
PING, CHARTING, AND GEOGRAPHIC INFOR-
MATION SYSTEMS.
The Administrator shall consider procuring mapping,
charting, and geographic information systems necessary to
carry out the duties of the Administrator under title 49,
United States Code, from private enterprises, if the Ad-
194
HR 1000 RFS
ministrator determines that such procurement furthers
the mission of the Federal Aviation Administration and
is cost effective.
SEC. 737. LAND USE COMPLIANCE REPORT.
Section 47131 is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(3);
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(5) a detailed statement listing airports that
are not in compliance with grant assurances or other
requirements with respect to airport lands and in-
cluding the circumstances of such noncompliance,
the timelines for corrective action, and the corrective
action the Secretary intends to take to bring the air-
port sponsor into compliance.’’.
SEC. 738. NATIONAL TRANSPORTATION DATA CENTER OF
EXCELLENCE.
Of the amounts made available pursuant to section
5117(b)(6)(B) of the Transportation Equity Act for the
21st Century (23 U.S.C. 502 note; 112 Stat. 450), not
to exceed $1,000,000 for each of fiscal years 2000 and
2001 may be made available by the Secretary of Transpor-
tation to establish, at an Army depot that has been closed
195
HR 1000 RFS
or realigned, a national transportation data center of ex-
cellence that will—
(1) serve as a satellite facility for the central
data repository that is hosted by the computer cen-
ter of the Transportation Administrative Service;
and
(2) analyze transportation data collected by the
Federal Government, States, cities, and the trans-
portation industry.
SEC. 739. MONROE REGIONAL AIRPORT LAND CONVEY-
ANCE.
The Secretary of Transportation shall waive all terms
contained in the 1949 deed of conveyance under which the
United States conveyed certain property then constituting
Selman Field, Louisiana, to the City of Monroe, Lou-
isiana, subject to the following conditions:
(1) The city agrees that in conveying any inter-
est in such property the city will receive an amount
for such interest that is equal to the fair market
value for such interest.
(2) The amount received by the city for such
conveyance shall be used by the city—
(A) for the development, improvement, op-
eration, or maintenance of a public airport; or
196
HR 1000 RFS
(B) for the development or improvement of
the city’s airport industrial park co-located with
the Monroe Regional Airport to the extent that
such development or improvement will result in
an increase, over time, in the amount the indus-
trial park will pay to the airport to an amount
that is greater than the amount the city re-
ceived for such conveyance.
SEC. 740. AUTOMATED WEATHER FORECASTING SYSTEMS.
(a) CONTRACT
FOR
STUDY.—The Administrator
shall contract with the National Academy of Sciences to
conduct a study of the effectiveness of the automated
weather forecasting systems of covered flight service sta-
tions solely with regard to providing safe and reliable air-
port operations.
(b) COVERED FLIGHT SERVICE STATIONS.—In this
section, the term ‘‘covered flight service station’’ means
a flight service station where automated weather observa-
tion constitutes the entire observation and no additional
weather information is added by a human weather ob-
server.
(c) REPORT.—Not later than 1 year after the date
of the enactment of this Act, the Administrator shall
transmit to the Congress a report on the results of the
study.
197
HR 1000 RFS
SEC. 741. NOISE STUDY OF SKY HARBOR AIRPORT, PHOE-
NIX, ARIZONA.
(a) IN GENERAL.—The Administrator of the Federal
Aviation Administration shall conduct a study on recent
changes to the flight patterns of aircraft using Sky Harbor
Airport in Phoenix, Arizona, and the effects of such
changes on the noise contours in the Phoenix, Arizona,
region.
(b) REPORT.—
(1) IN GENERAL.—Not later than 90 days after
the enactment of this section, the Administrator
shall submit a report to Congress containing the re-
sults of the study conducted under subsection (a)
and recommendations for measures to mitigate air-
craft noise over populated areas in the Phoenix, Ari-
zona, region.
(2) AVAILABILITY TO THE PUBLIC.—The Ad-
ministrator shall make the report described in para-
graph (1) available to the public.
SEC. 742. NONMILITARY HELICOPTER NOISE.
(a) IN GENERAL.—The Secretary of Transportation
shall conduct a study—
(1) on the effects of nonmilitary helicopter noise
on individuals; and
(2) to develop recommendations for the reduc-
tion of the effects of nonmilitary helicopter noise.
198
HR 1000 RFS
(b) CONSIDERATION OF VIEWS.—In conducting the
study under this section, the Secretary shall consider the
views of representatives of the helicopter industry and rep-
resentatives of organizations with an interest in reducing
nonmilitary helicopter noise.
(c) REPORT.—Not later than 1 year after the date
of the enactment of this Act, the Secretary shall transmit
to Congress a report on the results of the study under
this section.
TITLE VIII—NATIONAL PARKS
AIR TOUR MANAGEMENT
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘National Parks Air
Tour Management Act of 1999’’.
SEC. 802. FINDINGS.
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 of public
and tribal lands;
199
HR 1000 RFS
(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
future 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 In-
dian tribes;
(5) the National Parks Overflights Working
Group, composed of general aviation, commercial air
tour, environmental, and Native American represent-
atives, recommended that the Congress enact legisla-
tion based on the Group’s consensus work product;
and
(6) this title reflects the recommendations made
by that Group.
SEC. 803. AIR TOUR MANAGEMENT PLANS FOR NATIONAL
PARKS.
(a) IN GENERAL.—Chapter 401 is further amended
by adding at the end the following:
‘‘§ 40126. Overflights of national parks
‘‘(a) IN GENERAL.—
200
HR 1000 RFS
‘‘(1) GENERAL REQUIREMENTS.—A commercial
air tour operator may not conduct commercial air
tour operations over a national park (including 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 applicable air
tour management plan for the park.
‘‘(2) APPLICATION
FOR
OPERATING
AUTHOR-
ITY.—
‘‘(A) 
APPLICATION
REQUIRED.—Before
commencing commercial air tour operations
over a national park (including tribal lands), a
commercial air tour operator shall apply to the
Administrator for authority to conduct the op-
erations over the park.
‘‘(B) COMPETITIVE BIDDING FOR LIMITED
CAPACITY PARKS.—Whenever an air tour man-
agement plan limits the number of commercial
air tour operations over a national park during
a specified time frame, the Administrator, in
cooperation with the Director, shall issue oper-
ation specifications to commercial air tour oper-
201
HR 1000 RFS
ators that conduct such operations. The oper-
ation specifications shall include such terms and
conditions as the Administrator and the Direc-
tor find necessary for management of commer-
cial air tour operations over the park. The Ad-
ministrator, in cooperation with the Director,
shall develop an open competitive process for
evaluating proposals from persons interested in
providing commercial air tour operations over
the park. In making a selection from among
various proposals submitted, the Administrator,
in cooperation with the Director, shall consider
relevant factors, including—
‘‘(i) the safety record of the person
submitting the proposal or pilots employed
by the person;
‘‘(ii) any quiet aircraft technology pro-
posed to be used by the person submitting
the proposal;
‘‘(iii) the experience of the person sub-
mitting the proposal with commercial air
tour operations over other national parks
or scenic areas;
‘‘(iv) the financial capability of the
company;
202
HR 1000 RFS
‘‘(v) any training programs for pilots
provided by the person submitting the pro-
posal; and
‘‘(vi) responsiveness of the person
submitting the proposal to any relevant
criteria developed by the National Park
Service for the affected park.
‘‘(C) NUMBER
OF
OPERATIONS
AUTHOR-
IZED.—In determining the number of author-
izations to issue to provide commercial air tour
operations over a national park, the Adminis-
trator, in cooperation with the Director, shall
take into consideration the provisions of the air
tour management plan, the number of existing
commercial air tour operators and current level
of service and equipment provided by any such
operators, and the financial viability of each
commercial air tour operation.
‘‘(D) COOPERATION
WITH
NPS.—Before
granting an application under this paragraph,
the Administrator, in cooperation with the Di-
rector, shall develop an air tour management
plan in accordance with subsection (b) and im-
plement such plan.
‘‘(3) EXCEPTION.—
203
HR 1000 RFS
‘‘(A) IN GENERAL.—If a commercial air
tour operator secures a letter of agreement
from the Administrator and the superintendent
for the national park that describes the condi-
tions under which the commercial air tour oper-
ation will be conducted, then notwithstanding
paragraph (1), the commercial air tour operator
may conduct such operations over the national
park under part 91 of title 14, Code of Federal
Regulations, if such activity is permitted under
part 119 of such title.
‘‘(B) LIMIT ON EXCEPTIONS.—Not more
than five flights in any 30-day period over a
single national park may be conducted under
this paragraph.
‘‘(4) SPECIAL
RULE
FOR
SAFETY
REQUIRE-
MENTS.—Notwithstanding subsection (d), an exist-
ing commercial air tour operator shall apply, not
later than 90 days after the date of the enactment
of this section, for operating authority under part
119, 121, or 135 of title 14, Code of Federal Regu-
lations. A new entrant commercial air tour operator
shall apply for such authority before conducting
commercial air tour operations over a national park
(including tribal lands). The Administrator shall act
204
HR 1000 RFS
on any such application for a new entrant and issue
a decision on the application not later than 24
months after it is received or amended.
‘‘(b) AIR TOUR MANAGEMENT PLANS.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) IN GENERAL.—The Administrator, in
cooperation with the Director, shall establish an
air tour management plan for any national park
(including tribal lands) for which such a plan is
not in effect whenever a person applies for au-
thority to conduct a commercial air tour oper-
ation over the park. The air tour management
plan shall be developed by means of a public
process in accordance with paragraph (4).
‘‘(B) OBJECTIVE.—The objective of any
air tour management plan shall be to develop
acceptable and effective measures to mitigate or
prevent the significant adverse impacts, if any,
of commercial air tours upon the natural and
cultural resources, visitor experiences, and trib-
al lands.
‘‘(2) ENVIRONMENTAL
DETERMINATION.—In
establishing an air tour management plan under this
subsection, the Administrator and the Director shall
each sign the environmental decision document re-
205
HR 1000 RFS
quired by section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332) (including a
finding of no significant impact, an environmental
assessment, and an environmental impact statement)
and the record of decision for the air tour manage-
ment plan.
‘‘(3) CONTENTS.—An air tour management
plan for a national park—
‘‘(A) may limit or prohibit commercial air
tour operations;
‘‘(B) may establish conditions for the con-
duct of commercial air tour operations, includ-
ing commercial air tour operation routes, max-
imum or minimum altitudes, time-of-day re-
strictions, restrictions for particular events,
maximum number of flights per unit of time,
intrusions on privacy on tribal lands, and miti-
gation of adverse noise, visual, or other im-
pacts;
‘‘(C) may apply to all commercial air tour
operations;
‘‘(D) shall include incentives (such as pre-
ferred commercial air tour operation routes and
altitudes and relief from flight caps and cur-
fews) for the adoption of quiet aircraft tech-
206
HR 1000 RFS
nology by commercial air tour operators con-
ducting commercial air tour operations over the
park;
‘‘(E) shall provide a system for allocating
opportunities to conduct commercial air tours if
the air tour management plan includes a limita-
tion on the number of commercial air tour oper-
ations for any time period; and
‘‘(F) shall justify and document the need
for measures taken pursuant to subparagraphs
(A) through (E) and include such justifications
in the record of decision.
‘‘(4) PROCEDURE.—In establishing an air tour
management plan for a national park (including
tribal lands), the Administrator and the Director
shall—
‘‘(A) hold at least one public meeting with
interested parties to develop the air tour man-
agement plan;
‘‘(B) publish the proposed plan in the Fed-
eral Register for notice and comment and make
copies of the proposed plan available to the
public;
‘‘(C) comply with the regulations set forth
in sections 1501.3 and 1501.5 through 1501.8
207
HR 1000 RFS
of title 40, Code of Federal Regulations (for
purposes of complying with the regulations, the
Federal Aviation Administration shall be the
lead agency and the National Park Service is a
cooperating agency); and
‘‘(D) solicit the participation of any Indian
tribe whose tribal lands are, or may be,
overflown by aircraft involved in a commercial
air tour operation over the park, as a cooper-
ating agency under the regulations referred to
in subparagraph (C).
‘‘(5) JUDICIAL REVIEW.—An air tour manage-
ment plan developed under this subsection shall be
subject to judicial review.
‘‘(6) AMENDMENTS.—The Administrator, in co-
operation with the Director, may make amendments
to an air tour management plan. Any such amend-
ments shall be published in the Federal 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 pre-
scribe.
‘‘(c) DETERMINATION OF COMMERCIAL AIR TOUR
OPERATION STATUS.—In making a determination of
208
HR 1000 RFS
whether a flight is a commercial air tour operation, the
Administrator may consider—
‘‘(1) whether there was a holding out to the
public of willingness to conduct a sightseeing flight
for compensation or hire;
‘‘(2) 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;
‘‘(3) the area of operation;
‘‘(4) the frequency of flights conducted by the
person offering the flight;
‘‘(5) the route of flight;
‘‘(6) the inclusion of sightseeing flights as part
of any travel arrangement package offered by the
person offering the flight;
‘‘(7) whether the flight would have been can-
celed based on poor visibility of the surface below
the route of the flight; and
‘‘(8) any other factors that the Administrator
considers appropriate.
‘‘(d) INTERIM OPERATING AUTHORITY.—
‘‘(1) IN GENERAL.—Upon application for oper-
ating authority, the Administrator shall grant in-
terim operating authority under this subsection to a
209
HR 1000 RFS
commercial air tour operator for commercial air tour
operations over a national park (including tribal
lands) for which the operator is an existing commer-
cial 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 the
enactment 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 the 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-
212
HR 1000 RFS
any time during the 12-month period ending on the
date of the 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
213
HR 1000 RFS
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) 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) CONFORMING AMENDMENT.—The analysis for
chapter 401 is further amended by adding at the end the
following:
‘‘40126. Overflights of national parks.’’.
SEC. 804. 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
214
HR 1000 RFS
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 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.
(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
215
HR 1000 RFS
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
(4) at request of the Administrator and the Di-
rector, safety, environmental, and other issues re-
lated to commercial air tour operations over a na-
tional 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
216
HR 1000 RFS
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. 805. REPORTS.
(a) OVERFLIGHT FEE REPORT.—Not later than 180
days after the date of the enactment of this Act, the Ad-
ministrator shall transmit to Congress a report on the ef-
fects 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
217
HR 1000 RFS
(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 the 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. 806. METHODOLOGIES USED TO ASSESS AIR TOUR
NOISE.
Any methodology adopted by a Federal agency to as-
sess air tour noise in any unit of the national park system
(including the Grand Canyon and Alaska) shall be based
on reasonable scientific methods.
SEC. 807. 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. 808. DEFINITIONS.
In this title, the following definitions apply:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal
Aviation Administration.
218
HR 1000 RFS
(2) DIRECTOR.—The term ‘‘Director’’ means
the Director of the National Park Service.
TITLE IX—TRUTH IN BUDGETING
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Truth in Budgeting
Act’’.
SEC. 902. BUDGETARY TREATMENT OF AIRPORT AND AIR-
WAY TRUST FUND.
Notwithstanding any other provision of law, the re-
ceipts and disbursements of the Airport and Airway Trust
Fund established by section 9502 of the Internal Revenue
Code of 1986—
(1) shall not be counted as new budget author-
ity, outlays, receipts, or deficit or surplus for pur-
poses of—
(A) the budget of the United States Gov-
ernment as submitted by the President;
(B) the congressional budget (including al-
locations of budget authority and outlays pro-
vided therein); or
(C) the Balanced Budget and Emergency
Deficit Control Act of 1985; and
(2) shall be exempt from any general budget
limitation imposed by statute on expenditures and
219
HR 1000 RFS
net lending (budget outlays) of the United States
Government.
SEC. 903. SAFEGUARDS AGAINST DEFICIT SPENDING OUT
OF AIRPORT AND AIRWAY TRUST FUND.
(a) IN GENERAL.—Subchapter I of chapter 471 is
further amended by adding at the end the following:
‘‘§ 47138. Safeguards against deficit spending
‘‘(a) ESTIMATES OF UNFUNDED AVIATION AUTHOR-
IZATIONS AND NET AVIATION RECEIPTS.—Not later than
March 31 of each year, the Secretary of Transportation,
in consultation with the Secretary of the Treasury, shall
estimate—
‘‘(1) the amount which would (but for this sec-
tion) be the unfunded aviation authorizations at the
close of the first fiscal year that begins after that
March 31; and
‘‘(2) the net aviation receipts to be credited to
the Airport and Airway Trust Fund during the fiscal
year.
‘‘(b) PROCEDURE IF EXCESS UNFUNDED AVIATION
AUTHORIZATIONS.—If the Secretary of Transportation
determines for any fiscal year that the amount described
in subsection (a)(1) exceeds the amount described in sub-
section (a)(2), the Secretary shall determine the amount
of such excess.
220
HR 1000 RFS
‘‘(c) ADJUSTMENT
OF AUTHORIZATIONS
IF UN-
FUNDED AUTHORIZATIONS EXCEED RECEIPTS.—
‘‘(1) DETERMINATION OF PERCENTAGE.—If the
Secretary determines that there is an excess referred
to in subsection (b) for a fiscal year, the Secretary
shall determine the percentage which—
‘‘(A) such excess, is of
‘‘(B) the total of the amounts authorized
to be appropriated from the Airport and Airway
Trust Fund for the next fiscal year.
‘‘(2) ADJUSTMENT
OF
AUTHORIZATIONS.—If
the Secretary determines a percentage under para-
graph (1), each amount authorized to be appro-
priated from the Airport and Airway Trust Fund for
the next fiscal year shall be reduced by such percent-
age.
‘‘(d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH-
HELD.—
‘‘(1) ADJUSTMENT
OF
AUTHORIZATIONS.—If,
after a reduction has been made under subsection
(c)(2), the Secretary determines that the amount de-
scribed in subsection (a)(1) does not exceed the
amount described in subsection (a)(2) or that the ex-
cess referred to in subsection (b) is less than the
amount previously determined, each amount author-
221
HR 1000 RFS
ized to be appropriated that was reduced under sub-
section (c)(2) shall be increased, by an equal per-
centage, to the extent the Secretary determines that
it may be so increased without causing the amount
described in subsection (a)(1) to exceed the amount
described in subsection (a)(2) (but not by more than
the amount of the reduction).
‘‘(2) APPORTIONMENT.—The Secretary shall
apportion amounts made available for apportionment
by paragraph (1).
‘‘(3) PERIOD OF AVAILABILITY.—Any funds ap-
portioned under paragraph (2) shall remain available
for the period for which they would be available if
such apportionment took effect with the fiscal year
in which they are apportioned under paragraph (2).
‘‘(e) REPORTS.—Any estimate under subsection (a)
and any determination under subsection (b), (c), or (d)
shall be reported by the Secretary to Congress.
‘‘(f) DEFINITIONS.—For purposes of this section, the
following definitions apply:
‘‘(1) NET AVIATION RECEIPTS.—The term ‘net
aviation receipts’ means, with respect to any period,
the excess of—
222
HR 1000 RFS
‘‘(A) the receipts (including interest) of the
Airport and Airway Trust Fund during such
period, over
‘‘(B) the amounts to be transferred during
such period from the Airport and Airway Trust
Fund under section 9502(d) of the Internal
Revenue Code of 1986 (other than paragraph
(1) thereof).
‘‘(2) UNFUNDED AVIATION AUTHORIZATIONS.—
The term ‘unfunded aviation authorization’ means,
at any time, the excess (if any) of—
‘‘(A) the total amount authorized to be ap-
propriated from the Airport and Airway Trust
Fund which has not been appropriated, over
‘‘(B) the amount available in the Airport
and Airway Trust Fund at such time to make
such appropriation (after all other unliquidated
obligations at such time which are payable from
the Airport and Airway Trust Fund have been
liquidated).’’.
(b) CONFORMING AMENDMENT.—The analysis for
subchapter I of chapter 471 is further amended by adding
at the end the following:
‘‘47138. Safeguards against deficit spending.’’.
223
HR 1000 RFS
SEC. 904. ADJUSTMENTS TO DISCRETIONARY SPENDING
LIMITS.
When the President submits the budget under section
1105(a) of title 31, United States Code, for fiscal year
2001, the Director of the Office of Management and
Budget shall, pursuant to section 251(b)(1)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
calculate and the budget shall include appropriate reduc-
tions to the discretionary spending limits for each of fiscal
years 2001 and 2002 set forth in section 251(c)(5)(A) and
section 251(c)(6)(A) of that Act (as adjusted under sec-
tion 251 of that Act) to reflect the discretionary baseline
trust fund spending (without any adjustment for inflation)
for the Federal Aviation Administration that is subject to
section 902 of this Act for each of those two fiscal years.
SEC. 905. APPLICABILITY.
This title (including the amendments made by this
Act) shall apply to fiscal years beginning after September
30, 2000.
TITLE X—ADJUSTMENT OF
TRUST FUND AUTHORIZATIONS
SEC. 1001. ADJUSTMENT OF TRUST FUND AUTHORIZA-
TIONS.
(a) IN GENERAL.—Part C of subtitle VII is amended
by adding at the end the following:
224
HR 1000 RFS
‘‘CHAPTER 483—ADJUSTMENT OF TRUST
FUND AUTHORIZATIONS
‘‘Sec.
‘‘48301. Definitions.
‘‘48302. Adjustments to align aviation authorizations with revenues.
‘‘48303. Adjustment to AIP program funding.
‘‘48304. Estimated aviation income.
‘‘§ 48301. Definitions
‘‘In this chapter, the following definitions apply:
‘‘(1) BASE YEAR.—The term ‘base year’ means
the second fiscal year before the fiscal year for
which the calculation is being made.
‘‘(2) AIP PROGRAM.—The term ‘AIP program’
means the programs for which amounts are made
available under section 48103.
‘‘(3) AVIATION INCOME.—The term ‘aviation in-
come’ means the tax receipts credited to the Airport
and Airway Trust Fund and any interest attrib-
utable to the Fund.
‘‘§ 48302. Adjustment to align aviation authorizations
with revenues
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—Begin-
ning with fiscal year 2003, if the actual level of aviation
income for the base year is greater or less than the esti-
mated aviation income level specified in section 48304 for
the base year, the amounts authorized to be appropriated
(or made available) for the fiscal year under each of sec-
225
HR 1000 RFS
tions 106(k), 48101, 48102, and 48103 are adjusted as
follows:
‘‘(1) If the actual level of aviation income for
the base year is greater than the estimated aviation
income level specified in section 48304 for the base
year, the amount authorized to be appropriated (or
made available) for such section is increased by an
amount determined by multiplying the amount of
the excess by the ratio for such section set forth in
subsection (b).
‘‘(2) If the actual level of aviation income for
the base year is less than the estimated aviation in-
come level specified in section 48304 for the base
year, the amount authorized to be appropriated (or
made available) for such section is decreased by an
amount determined by multiplying the amount of
the shortfall by the ratio for such section set forth
in subsection (b).
‘‘(b) RATIO.—The ratio referred to in subsection (a)
with respect to section 106(k), 48101, 48102, or 48103,
as the case may be, is the ratio that—
‘‘(1) the amount authorized to be appropriated
(or made available) under such section for the fiscal
year; bears to
226
HR 1000 RFS
‘‘(2) the total sum of amounts authorized to be
appropriated (or made available) under all of such
sections for the fiscal year.
‘‘(c) PRESIDENT’S BUDGET.—When the President
submits a budget for a fiscal year under section 1105 of
title 31, United States Code, the Director of the Office
of Management and Budget shall calculate and the budget
shall report any increase or decrease in authorization lev-
els resulting from this section.
‘‘§ 48303. Adjustment to AIP program funding
‘‘On the effective date of a general appropriations Act
providing appropriations for a fiscal year beginning after
September 30, 2000, for the Federal Aviation Administra-
tion, the amount made available for a fiscal year under
section 48103 shall be increased by the amount, if any,
by which—
‘‘(1) the total sum of amounts authorized to be
appropriated under all of sections 106(k), 48101,
and 48102 for such fiscal year, including adjust-
ments made under section 48302; exceeds
‘‘(2) the amounts appropriated for programs
funded under such sections for such fiscal year.
Any contract authority made available by this section shall
be subject to an obligation limitation.
227
HR 1000 RFS
‘‘§ 48304. Estimated aviation income
‘‘For purposes of section 48302, the estimated avia-
tion income levels are as follows:
‘‘(1) $10,734,000,000 for fiscal year 2001.
‘‘(2) $11,603,000,000 for fiscal year 2002.
‘‘(3) $12,316,000,000 for fiscal year 2003.
‘‘(4) $13,062,000,000 for fiscal year 2004.’’.
(b) CONFORMING AMENDMENT.—The table of chap-
ters for subtitle VII of such title is amended by inserting
after the item relating to chapter 482 the following:
‘‘483. ADJUSTMENT OF TRUST FUND AUTHORIZATIONS ........ 48301’’.
SEC. 1002. BUDGET ESTIMATES.
Upon the enactment of this Act, the Director of the
Office of Management and Budget shall not make any es-
timates under section 252(d) of the Balanced Budget and
Emergency Deficit Control Act of 1985 of changes in di-
rect spending outlays and receipts for any fiscal year re-
sulting from this title and title IX, including the amend-
ments made by such titles.
SEC. 1003. SENSE OF THE CONGRESS ON FULLY OFFSET-
TING INCREASED AVIATION SPENDING.
It is the sense of the Congress that—
(1) air passengers and other users of the air
transportation system pay aviation taxes into a trust
fund dedicated solely to improve the safety, security,
and efficiency of the aviation system;
228
HR 1000 RFS
(2) from fiscal year 2001 to fiscal year 2004,
air passengers and other users will pay more than
$14.3 billion more in aviation taxes into the Airport
and Airway Trust Fund than the concurrent resolu-
tion on the budget for fiscal year 2000 provides
from such Fund for aviation investment under his-
torical funding patterns;
(3) the Aviation Investment and Reform Act for
the 21st Century provides $14.3 billion of aviation
investment above the levels assumed in that budget
resolution for such fiscal years; and
(4) this increased funding will be fully offset by
recapturing unspent aviation taxes and reducing the
$778 billion general tax cut assumed in that budget
resolution by the appropriate amount.
TITLE XI—EXTENSION OF AIR-
PORT 
AND 
AIRWAY 
TRUST
FUND 
EXPENDITURE 
AU-
THORITY
SEC. 1101. 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, 2004’’; and
229
HR 1000 RFS
(2) by inserting before the semicolon at the end
of subparagraph (A) the following ‘‘or the provisions
of the Omnibus Consolidated and Emergency Sup-
plemental Appropriations Act, 1999 providing for
payments from the Airport and Airway Trust Fund
or the Interim Federal Aviation Administration Au-
thorization Act or section 6002 of the 1999 Emer-
gency Supplemental Appropriations Act or the Avia-
tion Investment and Reform Act for the 21st Cen-
tury’’.
(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-
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
230
HR 1000 RFS
‘‘(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 June 15, 1999.
Attest:
JEFF TRANDAHL,
Clerk.