I
103D CONGRESS
2D SESSION
H. R. 4163
To enable the Park Service to regulate, or prohibit, scenic commercial
overflights at units of the National Park System.
IN THE HOUSE OF REPRESENTATIVES
MARCH 24, 1994
Mr. WILLIAMS (for himself, Mrs. MINK, Mr. DEFAZIO, Ms. SHEPHERD, Mr.
UPTON, and Mr. STARK) introduced the following bill; which was referred
jointly to the Committees on Natural Resources and Public Works and
Transportation
A BILL
To enable the Park Service to regulate, or prohibit, scenic
commercial overflights at units of the National Park System.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Park Scenic
Overflight Concessions Act of 1994’’.
SEC. 2. PURPOSE AND FINDINGS.
(a) PURPOSE.—The purpose of this Act is to require
all commercial air tour operators to hold a concessions
permit with the Park Unit, and to provide Park Service
authority to determine the appropriate level of commercial
scenic tour overflight activity.
(b) FINDINGS.—The Congress finds that:
(1) The National Park Service administers Fed-
eral parks, monuments, and reservations, to conserve
the scenery; natural, cultural and historic values;
wilderness values, including natural quiet; and wild-
life resources while providing for the enjoyment of
the same in such manner and by such means as will
leave them unimpaired for the enjoyment of future
generations. In recognition of these values, many
park units are recognized as internationally signifi-
cant International Biosphere Reserves and World
Heritage Sites.
(2) In order to manage National Park System
units to achieve the purposes for which they were es-
tablished by Congress, there is a need for National
Park Service authority to regulate commercial scenic
overflight enterprises operating over units of the
National Park system.
(3) 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. 1391, et seq.); and to protect the envi-
ronment from adverse impacts in accord with sec-
tions 307(c) and 611 of the foregoing Act and sec-
tion 4(f) of the Department of Transportation Act
(49 U.S.C. 1653(f)).
(4) The auditory and visual intrusion of aircraft
flying at low altitudes can be incompatible with the
preservation and management of natural or cultural
resources, the natural quiet, scenery, and/or the
public’s enjoyment of the resources on lands man-
aged by the public land management agencies, nota-
bly such sensitive areas as parks, wildlife refuges,
and wilderness areas.
(5) It is the joint responsibility of these agen-
cies to resolve these incompatible situations or miti-
gate them to the fullest extent possible in order to
maintain these public lands for the purposes for
which they were established while recognizing the
public’s and the Government’s need to transit navi-
gable airspace.
(6) In recognition of the values for which Na-
tional Park Service lands are managed, the Federal
Aviation Administration and the National Park
Service shall act cooperatively to reduce the inci-
dence of low-flying aircraft impacts from commercial
scenic tour overflights by helicopters, fixed-wing air-
craft, blimps, and balloons over sensitive lands ad-
ministered by the National Park Service and to
make these overflights compatible with park preser-
vation objectives.
SEC. 3. COMMERCIAL AIR TOURS.
The Act of October 9, 1965 (16 U.S.C. 20–20g) com-
monly known as the National Park Service Concessions
Policy Act is amended by adding the following new section
at the end thereof:
‘‘SEC. 10. COMMERCIAL AIR TOURS OVER NPS UNITS.
‘‘(a) ISSUANCE OF PERMITS FOR COMMERCIAL AIR
TOURS.—No person may fly an individual for compensa-
tion over any unit of the National Park System for the
purpose of viewing any portion of such unit unless such
person has in effect a valid commercial air tour permit
issued by the Secretary. The Secretary may issue or deny
such permits upon application of any person. Such permits
may be issued subject to such conditions and restrictions
as the Secretary deems necessary to protect the resources
of such unit and to protect and enhance visitor enjoyment.
Issuance or denial of a permit shall be consistent with the
legislation establishing such unit, the guidelines under
subsection (b), any applicable provisions of any general
management plan in effect for such unit, and the provi-
sions of law generally applicable to units of the national
park system, including the Act of August 25, 1916 (39
Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and the Act of August
21, 1935 (49 Stat. 666; 16 U.S.C. 461–467). Any person
who flies an individual for compensation over any unit of
the National Park System for the purpose of viewing any
portion of such unit shall be treated as entering such unit
and providing a service within such unit for purposes of
this Act. This subsection shall take effect on the date one
year after the enactment of the National Park Scenic
Overflight Concessions Act of 1994 and shall apply to all
flights described in this subsection made after such effec-
tive date.
‘‘(b) GUIDELINES AND PLANNING.—Not later than
12 months after the enactment of this Act, the Secretary
shall publish guidelines applicable to commercial air tour
flights over national park system units providing for such
flights where appropriate and restricting or prohibiting
such flights where necessary in accordance with the provi-
sions of law referred to in subsection (a). Each permit
under subsection (a) for flights at any unit of the National
Park System shall be based on such guidelines. Any such
guidelines proposed by the Secretary shall be submitted
to the Administrator of the Federal Aviation Administra-
tion for review prior to adoption. Within 60 days after
his receipt of such proposed guidelines, the Administrator
‘‘(d) PENALTY.—Any person who knowingly or will-
fully violates any requirement of this section or of any rule
or regulation promulgated by the Secretary under this sec-
tion shall be fined not more than $5,000 or imprisoned
for not more than 5 years or both.’’.
SEC. 4. FEDERAL AVIATION ADMINISTRATION
(a) REPORTING AND TRAINING.—The Administrator
of the Federal Aviation Administration (hereinafter in this
section referred to as the ‘‘Administrator’’), in cooperation
with the Secretary of the Interior, shall—
(1) develop standardized reporting systems for
the documentation of low flying aircraft incidents in
air space over national park system units; and
(2) develop training programs and instructional
materials for national park service personnel to en-
able them to recognize and report instance of low
flying aircraft incidents in air space over national
park system units.
(b) AIRCRAFT
NOISE.—The Administrator shall
amend the regulations of the Federal Aviation Administra-
tion to treat aircraft noise abatement at national park sys-
tem units as in the public interest.
(c) REPORTS.—The Administrator and the Secretary
of the Interior shall submit a joint report to the Congress
within 3 years after the enactment of this Act containing
a description of the progress made under this Act and
other authority of law in mitigating the adverse effects of
commercial scenic overflights at national park system
units.
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