FILE h1187.ih
          HR 1187 IH
          105th CONGRESS
          1st Session
          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 20, 1997
          Mrs. MINK of Hawaii introduced the following bill; which was
              referred to the Committee on Resources, and in addition to the
              Committee on Transportation and Infrastructure, for a period to
              be subsequently determined by the Speaker, in each case for
              consideration of such provisions as fall within 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
          Representatives of the United States of America in Congress
          assembled, 
          SECTION 1. FINDINGS.
            The Congress finds the following:
                (1) The National Park Service administers Federal 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 section 40103 of title
              49, United States Code.
                (3) The National Park Service lands in the State of Hawaii,
              consisting of Kaloko-Honokohau National Historical Park,
              Kalaupapa National Historical Park, Pu'u honua o Honaunau
              National Historical Park, Pu'u Kohola Heiau National Historic
              Site, Haleakala National Park, and Hawaii Volcanoes National
              Park, are managed for the purposes of wilderness preservation,
              protecting natural, cultural, historical, and wildlife
              resources, and for promotion of the public enjoyment and use of
              these resources.
                (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 animal communities, and furthermore that Hawaii
              Volcanoes National Park is designated by the United Nations as 
              a World Heritage Site because of the significance of Mauna Loa
              and Kilauea Volcanoes.
                (5) In recognition of the values for which National Park
              Service lands are managed, an above ground level (AGL) minimum
              altitude of 1,500 feet should 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 complaint 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 administered by the 
              National Park Service.
                (8) Aircraft flying at low altitudes over large 
              concentrations of migratory birds may pose a potential safety
              hazard to pilots and passengers in certain areas administered 
              by the National Park Service.
                (9) The Federal Aviation Administration and National Park
              Service should act in cooperation to reduce the incidence of
              low-flying aircraft, including fixed-wing aircraft, 
              helicopters, ultralight vehicles, balloons, and gliders over
              National Park Service administered land by complying with the
              1,500 feet AGL minimum altitude requirement, 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 Aviation
              Administration for appropriate action as described in section 3.
                (2) LOW-FLYING REPORTING SYSTEM- Developing and implementing 
              a standardized reporting system acceptable to the Federal
              Aviation Administration 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 Honolulu Federal
              Aviation Administration Flight Standards district office.
                (3) TRAINING- Developing training programs and instructional
              materials for National Park Service personnel to enable them to
              recognize and report instances of low-flying aircraft in a
              competent and professional manner. The appropriate training
              programs of the National Park Service shall expand to
              incorporate the subject matter into in-service training
              requirements. The Director of the National Park Service shall
              seek the assistance of the Federal Aviation Administration to
              help develop training curricula.
                (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 aircraft.
          SEC. 3. FEDERAL AVIATION ADMINISTRATION RESPONSIBILITIES.
            The Administrator of the Federal Aviation Administration shall be
          responsible for the following:
                (1) COMMUNICATION WITH PILOTS- Communicating to pilots the
              concerns and objectives of the National Park Service about
              low-flying aircraft in specified areas, using advisories,
              bulletins, the Federal Aviation Administration publication, The
              Federal Aviation News, the ongoing `Accident Prevention 
              Program' for routine pilots' contact, and other means of
              communications with pilots, impressing upon pilots that pilot
              participation is strongly encouraged 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 Administration 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 discourage deviations with the objectives of reducing
              or eliminating such incidents in these areas.
                (3) MILITARY AIRCRAFT- Assisting the National Park Service in
              communicating with the various agencies of the Department of
              Defense with regard 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 Administration Flight Standards district office, the
              status and results of the Federal Aviation Administration's
              investigation 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 SERVICE- Assisting the
              National Park Service in combating problems associated with
              low-flying aircraft by participating in appropriate meetings at
              field and regional levels.
          SEC. 4. FLIGHT RESTRICTION DESIGNATIONS.
            (a) PROHIBITION ON AIRCRAFT OPERATIONS OVER NOISE SENSITIVE 
          AREAS- It shall be unlawful to operate an aircraft over the
          following locations:
                (1) Kaloko Honokohau, Pu'u honua o Honaunau, Pu'u kohola
              Heiau, and Kalaupapa National Historical Parks and any area 
              that is within a 2-mile radius of one of the Parks.
                (2) The Crater District and Kipahulu Valley in Haleakala
              National Park (including adjacent rain forest areas within the
              Park) and any area that is within a 2-mile radius of the 
              Sliding Sands trailhead in the Park.
                (3) The designated wilderness areas consisting of Mauna Loa,
              Ola's Forest, East Rift, and Kau Desert, the summit of Kilauea,
              and the coastal area between Ka'aha and Kamoamoa in Hawaii
              Volcanoes National Park and any area that is within a 2-mile
              radius of the Kilauea summit, the Chain of Craters corridor, or
              the Kamoamoa village sites in the Park.
            (b) MINIMUM ALTITUDE RESTRICTION- 
                (1) IN GENERAL- 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 subsection (a).
                (2) SURFACE DEFINED- In this subsection, the term `surface'
              refers to the highest terrain within such lands which is within
              1,500 feet laterally of the route of flight.
            (c) ENFORCEMENT- For purposes of enforcement, the prohibitions
          under subsections (a) and (b) shall be treated as a requirement
          established pursuant to section 40103 of title 49, United States
          Code.
            (d) EXCEPTIONS- The Administrator of the Federal Aviation
          Administration may provide exceptions from the prohibitions under
          subsections (a) and (b) in an emergency and as otherwise required
          for safety of flight.
            (e) NOTICE TO PILOTS- To provide information to pilots regarding
          the restrictions established under subsections (a) and (b), the
          Administrator shall provide public notice of such restrictions in
          appropriate publications of the Federal Aviation Administration as
          soon as practicable after the date of the enactment of this Act.
          SEC. 5. FEDERAL AVIATION ADMINISTRATION AND NATIONAL PARK SERVICE
                            JOINT RESPONSIBILITY.
            The Administrator of the Federal Aviation Administration and the
          Director of the National Park Service shall jointly be responsible
          for the following:
                (1) ADDITIONAL ASSESSMENTS- Assessing situations 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 SCIENTIFIC STUDIES- Preparing
              public informational materials, including printed matter and
              audio-visual programs, for communication to pilots using
              existing Federal Aviation Administration pilot-contact meetings
              and programs, aviation periodicals, and other means of
              generating pilot understanding of National Park Service
              resources management objectives. Where appropriate, the Federal
              Aviation Administration and the National Park Service will 
              share information on techniques of conducting scientific 
              studies and data collection to facilitate understanding of the
              impact of aircraft operations on affected resources.
                (3) PROCEDURES- Working 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 CERTAIN SIGHTSEEING
                            FLIGHTS.
            Parts 91 and 135 of title 14, Code of Federal Regulations,
          relating to general operating and flight rules and to air taxi
          operators and commercial operators, respectively, shall apply to
          nonstop sightseeing flights that begin and end at the same airport
          and are conducted within a 25 statute mile radius of the airport.