I
104D CONGRESS
1ST SESSION
H. R. 1369
To provide for the regulation of the airspace over National Park System
lands in the State of Hawaii by the Federal Aviation Administration
and the National Park Service, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 30, 1995
Mrs. MINK of Hawaii introduced the following bill; which was referred to the
Committee on Resources, and in addition to the Committee on Transpor-
tation and Infrastructure, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
A BILL
To provide for the regulation of the airspace over National
Park System lands in the State of Hawaii by the Federal
Aviation Administration and the National Park Service,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds the following:
(1) The National Park Service administers Fed-
eral parks, monuments, and reservations, to conserve
the scenery, the natural and historic objects, and
wildlife therein, and provides for the enjoyment of
the same in such manner and by such means as will
leave them unimpaired for the enjoyment of future
generations.
(2) It is the function of the Federal Aviation
Administration to manage the safe and efficient use
of the navigable airspace of the United States, as
provided for in the Federal Aviation Act of 1958 (49
U.S.C. App. 1301 et seq.).
(3) The National Park Service lands in the
State of Hawaii, consisting of Kaloko-Honokohau
National Historical Park, Kalaupapa National His-
torical Park, Pu’u honua o Honaunau National His-
torical Park, Pu’u Kohola Heiau National Historic
Site, Haleakala National Park, and Hawaii Volca-
noes National Park, are managed for the purposes
of wilderness preservation, protecting natural, cul-
tural, historical, and wildlife resources, and for pro-
motion of the public enjoyment and use of these re-
sources.
(4) Haleakala and Hawaii Volcanoes National
Parks are designated by the United Nations as
International Biosphere Reserves because of their
internationally significant scenery and plant and ani-
mal communities, and furthermore that Hawaii Vol-
canoes National Park is designated by the United
Nations as a World Heritage Site because of the sig-
nificance of Mauna Loa and Kilauea Volcanoes.
(5) In recognition of the values for which Na-
tional Park Service lands are managed, an above
ground level (AGL) minimum altitude of 1,500 feet
shall be established for aircraft flying in airspace
over certain lands administered by the National
Park Service.
(6) The auditory and visual intrusion of aircraft
flying at low altitudes is the source of public com-
plaint in certain areas administered by the National
Park Service.
(7) Aircraft flying at low altitudes may pose a
potential hazard to wildlife in certain areas adminis-
tered by the National Park Service.
(8) Aircraft flying at low altitudes over large
concentrations of migratory birds may pose a poten-
tial safety hazard to pilots and passengers in certain
areas administered by the National Park Service.
(9) The Federal Aviation Administration and
National Park Service shall act in cooperation to re-
duce the incidence of low-flying aircraft, including
fixed-wing aircraft, helicopters, ultralight vehicles,
balloons, and gliders over National Park Service ad-
ministered land by complying with the 1,500 feet
AGL minimum altitude requirement, and to avoid
flying over areas which the National Park Service
designates as noise-sensitive, and to respect standoff
distances away from areas which the National Park
Service designates as primary visitor use areas.
SEC. 2. NATIONAL PARK SERVICE RESPONSIBILITIES.
The Director of the National Park Service shall be
responsible for the following:
(1) IDENTIFICATION
OF
SPECIFIC
AREAS.—
Identifying specific areas where low-flying aircraft
may constitute an adverse impact on resources and
conveying specific information, including annotated
maps, which indicate designated flight-free areas
and primary visitor use areas, to the Federal Avia-
tion Administration for appropriate action as de-
scribed in section 3.
(2) LOW-FLYING REPORTING SYSTEM.—Devel-
oping and implementing a standardized reporting
system acceptable to the Federal Aviation Adminis-
tration to document instances of low-flying aircraft
over National Park Service administered lands. This
reporting system shall provide for transmittal of
such documentation in a timely manner to the Hon-
olulu Federal Aviation Administration Flight Stand-
ards district office.
(3) TRAINING.—Developing training programs
and instructional materials for National Park Serv-
ice personnel to enable them to recognize and report
instances of low-flying aircraft in a competent and
professional manner. The appropriate training pro-
grams of the National Park Service shall expand to
incorporate the subject matter into in-service train-
ing requirements. The Director of the National Park
Service shall seek the assistance of the Federal Avia-
tion Administration to help develop training cur-
ricula.
(4) QUARTERLY MEETING.—Making personnel
available from the National Park Service to meet
quarterly with the Federal Aviation Administration
and affected pilots to discuss resources management
objectives and issues associated with low-flying air-
craft.
SEC. 3. FEDERAL AVIATION RESPONSIBILITIES.
The Administrator of the Federal Aviation Adminis-
tration shall be responsible for the following:
(1) COMMUNICATION
WITH
PILOTS.—Commu-
nicating to pilots the concerns and objectives of the
National Park Service about low-flying aircraft in
specified areas, using advisories, bulletins, the Fed-
eral Aviation Administration publication The Fed-
eral Aviation News, the ongoing ‘‘Accident Preven-
tion Program’’ for routine pilots’ contact, and other
means of communications with pilots, and to impress
upon pilots that pilot participation is strongly en-
couraged to ensure protection of resources and the
enjoyment of natural areas by the public.
(2) INVESTIGATIONS.—Investigating instances
of pilot deviations from the Federal Aviation Admin-
istration requested minimum altitude over areas,
and National Park Service-designated flight-free and
primary visitor use areas in lands administered by
the National Park Service, and taking action to dis-
courage deviations with the objectives of reducing or
eliminating such incidents in these areas.
(3) MILITARY
AIRCRAFT.—Assisting the Na-
tional Park Service in communicating with the var-
ious agencies of the Department of Defense with re-
gard to military aircraft operations over National
Park Service administered areas.
(4) AVAILABILITY OF STATUS AND RESULTS OF
INVESTIGATIONS.—Making available to the National
Park Service, at the Federal Aviation Administra-
tion Flight Standards district office, the status and
results of the Federal Aviation Administration’s in-
vestigation of instances reported by the National
Park Service.
(5) SUPPORT OF AVIATION GROUPS.—Enlisting
the support of all aviation groups and organizations
by requesting they disseminate information about
problems associated with aircraft operating at low
altitudes over areas administered by the National
Park Service.
(6) MEETINGS
WITH
NATIONAL
PARK
SERV-
ICE.—Assisting the National Park Service in com-
bating problems associated with low-flying aircraft
by participating in appropriate meetings at field and
regional levels.
SEC. 4. FLIGHT RESTRICTION DESIGNATIONS.
(a) 
KALOKO
HONOKOHAU, 
PU’U
HONUA
O
HONAUNAU, PU’U KOHOLA HEIAU, AND KALAUPAPA NA-
TIONAL
HISTORICAL
PARKS.—Inasmuch as Kaloko
Honokohau, Pu’u honua o Honaunau, Pu’u kohola Heiau,
and Kalaupapa National Historical Parks are mandated
to protect historical, cultural, and religious values, and
other resources considered sacred to Hawaiian people, all,
in their entirety are considered noise-sensitive and shall
not be overflown by commercial tour aircraft. Commercial
fixed-wing aircraft which are not on scenic tours may
overfly Kaloko Honokohau when it is unsafe to use
alternative approaches to Keahole Airport. Furthermore,
inasmuch as those areas are small and are entirely pri-
mary visitor use areas, scenic tour aircraft shall maintain
a 2-mile standoff distance.
(b) HALEAKALA NATIONAL PARK.—Inasmuch as
Haleakala National Park is mandated to protect natural
and cultural resources, and especially rare and endangered
plant and animal species, magnificent scenery, and tran-
quil and unique wilderness, the Crater District and
Kipahulu Valley, including adjacent rain forest areas with-
in the Park, in their entirety, are considered noise-sen-
sitive and shall not be overflown. Furthermore, inasmuch
as the overlook near the Sliding Sands trailhead is a pri-
mary visitor use area where people often are assembled
on the ground, a two-mile stand-off distance shall be main-
tained.
(c) HAWAII VOLCANOES NATIONAL PARK.—Inas-
much as Hawaii Volcanoes National Park is mandated to
protect natural and cultural resources, and especially rare
and endangered plant and animal species, magnificent sce-
nery, and tranquil and unique wilderness, the designated
wilderness areas, in their entirety, consisting of Mauna
Loa, Ola’s Forest, East Rift, and Kau Desert, and the
summit of Kilauea, and the coastal area between Ka’aha
and Kamoamoa are considered noise-sensitive and shall
not be overflown. Furthermore, inasmuch as the Kilauea
summit, the Chain of Craters corridor, and the Kamoamoa
village sites are primary visitor use areas where people
often are assembled on the ground, a 2-mile standoff dis-
tance shall be maintained.
(d) MINIMUM ALTITUDE RESTRICTION.—It shall be
unlawful for any fixed wing aircraft or helicopter flying
under visual flight rules to fly at an altitude of less than
1,500 feet over the surface of any National Park System
lands in the State of Hawaii not subject to subsections
(a) through (c) of this section. For purposes of this para-
graph, the term ‘‘surface’’ refers to the highest terrain
within such lands which is within 1,500 feet laterally of
the route of flight. For purposes of enforcement, the pro-
hibition pursuant to this subsection shall be treated as a
requirement established pursuant to section 307 of the
Federal Aviation Act of 1958. To provide information to
pilots regarding the restrictions established under this
subsection, the Administrator of the Federal Aviation Ad-
ministration shall provide public notice of such restrictions
in appropriate Federal Aviation Administration publica-
tions as soon as practicable after the enactment of this
Act.
SEC. 5. FEDERAL AVIATION ADMINISTRATION AND NA-
TIONAL PARK SERVICE JOINT RESPONSIBIL-
ITY.
The Administrator of the Federal Aviation Adminis-
tration and the Director of the National Park Service shall
jointly be responsible for the following:
(1) ADDITIONAL ASSESSMENTS.—Assess situa-
tions in addition to those specified in section 4
where impacts of aircraft operations upon human,
cultural, or natural resources are sufficiently serious
to warrant consideration of site-specific action by
the Federal Aviation Administration to minimize or
eliminate the causes of such problems.
(2) INFORMATIONAL
MATERIALS
AND
SCI-
ENTIFIC
STUDIES.—Prepare public informational
materials, including printed matter and audio-visual
programs, for communication to pilots using existing
Federal Aviation Administration pilot-contact meet-
ings and programs, aviation periodicals, and other
means of generating pilot understanding of National
Park Service resources management objectives.
Where appropriate, the Federal Aviation Adminis-
tration and the National Park Service will share in-
formation on techniques of conducting scientific
studies and data collection to facilitate understand-
ing of the impact of aircraft operations on affected
resources.
(3) PROCEDURES.—Work together to define
procedures for use at national headquarters and
field office levels to address overflight issues over
public land areas.
SEC. 6. APPLICABILITY OF CERTAIN REGULATIONS TO CER-
TAIN SIGHTSEEING FLIGHTS.
Parts 91 and 135 of title 14 of the Code of Federal
Regulations, relating to general operating and flight rules
and to air taxi operators and commercial operators, re-
spectively, shall apply to nonstop sightseeing flights that
begin and end at the same airport and are conducted with-
in a 25 statute mile radius of the airport.
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