H. R. 1000—126
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 environment by mini-
mizing, mitigating, or preventing the adverse effects of aircraft
overflights on public and tribal lands;
(3) the National Park Service has the responsibility of
conserving the scenery and natural and historic 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 maintenance of the natural and cultural
resources of Indian tribes;
(5) the National Parks Overflights Working Group, com-
posed of general aviation, commercial air tour, environmental,
and Native American representatives, recommended that the
Congress enact legislation 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 (as amended by section 706(a)
of this Act) is further amended by adding at the end the following:
‘‘§ 40128. Overflights of national parks
‘‘(a) IN GENERAL.—
‘‘(1) GENERAL REQUIREMENTS.—A commercial air tour oper-
ator 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 pre-
scribed for that operator by the Administrator; and
‘‘(C) in accordance with any applicable air tour manage-
ment plan for the park or tribal lands.
‘‘(2) APPLICATION FOR OPERATING AUTHORITY.—
‘‘(A) 
APPLICATION
REQUIRED.—Before 
commencing
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 the park or tribal lands.
‘‘(B) COMPETITIVE
BIDDING
FOR
LIMITED
CAPACITY
PARKS.—Whenever an air tour management plan limits
the number of commercial air tour operations over a
national park during a specified time frame, the Adminis-
trator, in cooperation with the Director, shall issue oper-
ation specifications to commercial air tour operators that
conduct such operations. The operation specifications shall
include such terms and conditions as the Administrator
and the Director find necessary for management of commer-
cial air tour operations over the park. The Administrator,
in cooperation with the Director, shall develop an open
competitive process for evaluating proposals from persons
H. R. 1000—127
interested in providing commercial air tour operations over
the park. In making a selection from among various pro-
posals 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 proposed to be
used by the person submitting the proposal;
‘‘(iii) the experience of the person submitting the
proposal with commercial air tour operations over other
national parks or scenic areas;
‘‘(iv) the financial capability of the person submit-
ting the proposal;
‘‘(v) any training programs for pilots provided by
the person submitting the proposal; 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 AUTHORIZED.—In deter-
mining the number of authorizations to issue to provide
commercial air tour operations over a national park, the
Administrator, in cooperation with the Director, shall take
into consideration the provisions of the air tour manage-
ment plan, the number of existing commercial air tour
operators and current level of service and equipment pro-
vided 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 Director, shall 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 make every effort to act on any
application under this paragraph and issue a decision on
the application not later than 24 months after it is received
or amended.
‘‘(F) PRIORITY.—In acting on applications under this
paragraph to provide commercial air tour operations over
a national park, the Administrator shall give priority to
an application under this paragraph in any case in which
a new entrant commercial air tour operator is seeking
operating authority with respect to that national park.
‘‘(3) EXCEPTION.—Notwithstanding paragraph (1), commer-
cial air tour operators may conduct commercial air tour oper-
ations over a national park under part 91 of the title 14,
Code of Federal Regulations if—
‘‘(A) such activity is permitted under part 119 of such
title;
‘‘(B) the operator secures a letter of agreement from
the Administrator and the national park superintendent
for that national park describing the conditions under
which the operations will be conducted; and
‘‘(C) the total number of operations under this excep-
tion is limited to not more than five flights in any 30-
day period over a particular park.
H. R. 1000—128
‘‘(4) SPECIAL RULE FOR SAFETY REQUIREMENTS.—Notwith-
standing subsection (c), an existing commercial air tour operator
shall apply, not later than 90 days after the date of the enact-
ment of this section, for operating authority under part 119,
121, or 135 of title 14, Code of Federal Regulations. 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. The Administrator shall make
every effort to act 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 or tribal land for which such
a plan is not in effect whenever a person applies for
authority to conduct a commercial air tour operation 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 manage-
ment plan shall be to develop acceptable and effective
measures to mitigate or prevent the significant adverse
impacts, if any, of commercial air tour operations upon
the natural and cultural resources, visitor experiences, and
tribal lands.
‘‘(2) ENVIRONMENTAL DETERMINATION.—In establishing an
air tour management plan under this subsection, the Adminis-
trator and the Director shall each sign the environmental deci-
sion document required by section 102 of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332) which may include
a finding of no significant impact, an environmental assess-
ment, or an environmental impact statement and the record
of decision for the air tour management plan.
‘‘(3) CONTENTS.—An air tour management plan for a
national park—
‘‘(A) may prohibit commercial air tour operations in
whole or in part;
‘‘(B) may establish conditions for the conduct of
commercial air tour operations, including commercial air
tour routes, maximum or minimum altitudes, time-of-day
restrictions, restrictions for particular events, maximum
number of flights per unit of time, intrusions on privacy
on tribal lands, and mitigation of noise, visual, or other
impacts;
‘‘(C) shall apply to all commercial air tour operations
within 1⁄2 mile outside the boundary of a national park;
‘‘(D) shall include incentives (such as preferred
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 operations at the park;
‘‘(E) shall provide for the initial allocation of opportuni-
ties to conduct commercial air tour operations if the plan
includes a limitation on the number of commercial air
tour operations for any time period; and
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‘‘(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 or tribal lands, the Administrator
and the Director shall—
‘‘(A) hold at least one public meeting with interested
parties to develop the air tour management plan;
‘‘(B) publish the proposed plan in the Federal 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 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 cooper-
ating 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 or tribal
lands to which the plan applies, as a cooperating agency
under the regulations referred to in subparagraph (C).
‘‘(5) JUDICIAL
REVIEW.—An air tour management plan
developed under this subsection shall be subject to judicial
review.
‘‘(6) AMENDMENTS.—The Administrator, in cooperation with
the Director, may make amendments to an air tour manage-
ment plan. Any such amendments shall be published in the
Federal Register for notice and comment. A request for amend-
ment 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 operating authority,
the Administrator shall grant interim operating authority
under this subsection to a commercial air tour operator for
commercial air tour operations over a national park or tribal
lands for which the operator is an existing commercial air
tour operator.
‘‘(2) REQUIREMENTS AND LIMITATIONS.—Interim 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 the commercial air tour operations 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 operations
within the 36-month period prior to such date of enact-
ment, 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 commercial air tour operations conducted during any
time period by the commercial air tour operator above
the number that the air tour operator was originally