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 S.291
"National Parks Airspace Management Act of 1997"
105th CONGRESS
1st Session
To provide for the management of the airspace over units of the
National Park System, and for other purposes.
IN THE SENATE OF THE UNITED STATES
February 7, 1997
Mr. AKAKA (for himself, Mr. FRIST, and Mr. INOUYE) introduced the
following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
A BILL
To provide for the management of the airspace over units of the
National Park System, 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. SHORT TITLE.
This Act may be cited as the `National Parks Airspace Management
Act of 1997'.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Commercial air tour flights over units of the National
Park System (referred to in this Act as `units') may have
adverse effects on the units.
(2) The flights may degrade the experiences of visitors to
the affected areas and may have adverse effects on wildlife and
cultural resources in those areas.
(3) A significant number of complaints about commercial air
tour flights over certain areas under the jurisdiction of the
National Park Service have been registered.
(4) Although resource preservation is the primary
responsibility of the National Park Service, the agency
continues to struggle to develop a policy that would achieve an
acceptable balance between flights over units by commercial air
tour operators and the protection of resources in the units and
the experiences of visitors to the units.
(5) Although the mission of the Federal Aviation
Administration is to develop and maintain a safe and efficient
system of air transportation while considering the impact of
aircraft noise, the agency continues to have difficulty
adequately controlling commercial air tour flights over units.
(6) Significant and continuing concerns exist regarding the
safety of commercial air tour flights over some units,
including concerns for the safety of occupants of the flights,
visitors to those units, Federal employees at those units, and
the general public.
(7) The concern of the Congress over the effects of low-level
flights on units led to the enactment, on August 18, 1987, of
the Act entitled `An Act to require the Secretary of the
Interior to conduct a study to determine the appropriate
minimum altitude for aircraft flying over national park system
units' (Public Law 100-91; 101 Stat. 674; 16 U.S.C. 1a-1 note).
(8) The Act referred to in paragraph (7) requires the
Director of the National Park Service to identify problems
associated with flights by aircraft in the airspace over units.
(9) Pursuant to the Act referred to in paragraph (7), on
September 12, 1994, the Director submitted a report to Congress
entitled `Report On Effects Of Aircraft Overflights On The
National Park System'.
(10) The National Park Service report concluded that, because
the details of national park overflights problems are
park-specific, no single altitude can be identified for the
entire National Park System.
(11) The National Park Service report presented a number of
recommendations for resolution of the problem of national park
overflights, including--
(A) the development of airspace and park use resolution
processes;
(B) the development of a single operational rule to
regulate air tour operations;
(C) seeking continued improvements in safety and
interagency planning related to airspace management; and
(D) the development of a Federal Aviation Administration
rule to facilitate preservation of natural quiet.
(12) The policy of the National Park Service recognizes the
importance of natural quiet as a resource to be conserved and
protected in certain units.
(13) The National Park Service--
(A) defines natural quiet as `the natural ambient sound
conditions found in certain units of the National Park
Service'; and
(B) recognizes that visitors to certain units may
reasonably expect quiet during their visits to those units
established with the specific goal of providing visitors
with an opportunity for solitude.
(14) The number of flights by aircraft over units has
increased rapidly since the date of enactment of the Act
referred to in paragraph (7) and, due to the high degree of
satisfaction expressed by air tour passengers, as well as the
economic impact of air tour operations on the tourist industry,
the number of flights will likely continue to increase.
(15) A progression of aesthetic and safety concerns about low
altitude flights have been associated with growth in commercial
air tour traffic.
(16) As the number of flights over units continues to
increase, the likelihood exists that there will be a
concomitant increase in the number of conflicts regarding
management of the airspace over the units.
(17) A need exists for a Federal policy to address the
conflicts and problems associated with flights by commercial
air tour aircraft in the airspace over units.
(18) A statutory process should be established to require the
Secretary of Transportation and the Secretary of the Interior,
acting through the Director, to work together to mitigate the
impact of commercial air tour operations on units, or specific
areas within units that are adversely affected by commercial
air tour operations.
SEC. 3. DEFINITIONS.
In this Act:
(1) ADMINISTRATOR- The term `Administrator' means the
Administrator of the Federal Aviation Administration.
(2) AGREEMENT- The term `agreement' means an agreement
entered into by a commercial air tour operator, the Director,
and the Administrator under section 4(h) that provides for the
application of relevant provisions of an airspace management
plan for the unit concerned to the commercial air tour operator.
(3) AIR TOUR AIRCRAFT- The term `air tour aircraft' means an
aircraft (including a fixed-wing aircraft or a rotorcraft) that
makes air tour flights.
(4) AIR TOUR FLIGHT- The term `air tour flight' means a
passenger flight conducted by air tour aircraft for the purpose
of permitting a passenger to the flight to view an area over
which the flight occurs.
(5) COMMERCIAL AIR TOUR AIRCRAFT- The term `commercial air
tour aircraft' means any air tour aircraft used by a commercial
air tour operator in providing air tour flights for hire to the
public.
(6) COMMERCIAL AIR TOUR OPERATOR- The term `commercial air
tour operator' means a company, corporation, partnership,
individual, or other entity that provides air tour flights for
hire to the public.
(7) COUNCIL- The term `Council' means the National Park
Overflight Advisory Council established under section 9.
(8) DIRECTOR- The term `Director' means the Director of the
National Park Service.
(9) FLIGHT-FREE PARK- The term `flight-free park' means a
unit over which commercial air tour operations are prohibited.
(10) UNIT- The term `unit' means a unit of the National Park
System.
SEC. 4. NATIONAL PARK AIRSPACE MANAGEMENT PLANS.
(a) IN GENERAL- The Director and the Administrator shall, in
accordance with this section, develop and establish a plan for the
management of the airspace above each unit that is affected by
commercial air tour flights to the extent that the Director
considers the unit to be a unit requiring an airspace management
plan.
(b) PURPOSE OF PLANS- The purpose of each plan developed under
subsection (a) is to minimize the adverse effects of commercial air
tour flights on the resources of a unit.
(c) DEVELOPMENT OF AIRSPACE MANAGEMENT PLANS-
(1) TREATMENT OF RELEVANT EXPERTISE- In developing plans
under subsection (a)--
(A) the Administrator shall defer to the Director in
matters relating to the identification and protection of
park resources; and
(B) the Director shall defer to the Administrator in
matters relating to the safe and efficient management of
airspace.
(2) NEGOTIATED RULEMAKING- In developing a plan for a unit,
the Director and the Administrator shall consider utilizing
negotiated rulemaking procedures as specified under subchapter
III of chapter 5 of title 5, United States Code, if the
Director and the Administrator determine that the utilization
of those procedures is in the public interest.
(d) COMMENT ON PLANS- In developing a plan for a unit, the
Director and the Administrator shall--
(1) ensure that there is sufficient opportunity for public
comment by air tour operators, environmental organizations, and
other concerned parties; and
(2) give due consideration to the comments and
recommendations of the Council and the Federal Interagency
Airspace/Natural Resource Coordination Group, or any successor
organization to that entity.
(e) RESOLUTION OF PLAN INADEQUACIES- If the Director and the
Administrator disagree with respect to any portion of a proposed
plan under subsection (a)--
(1) the Director and the Administrator shall refer the
proposed plan to the Secretary of the Interior and the
Secretary of Transportation; and
(2) the Secretary of the Interior and the Secretary of
Transportation shall jointly resolve the disagreement.
(f) ASSESSMENT OF EFFECTS OF OVERFLIGHTS- The Director and the
Administrator may jointly conduct studies to ascertain the effects
of low-level flights of commercial air tour aircraft over units
that the Director and the Administrator consider necessary for the
development of plans under subsection (a).
(g) PERIODIC REVIEW-
(1) IN GENERAL- Not less frequently than every 5 years after
the date of establishment of a plan under subsection (a), the
Director and the Administrator shall review the plan.
(2) PURPOSE OF REVIEW- The purpose of the review shall be to
ensure that the plan continues to meet the purposes for the plan.
(3) REVISION- The Director and the Administrator may revise a
plan if they jointly determine, based on that review, that the
revision is advisable.
(h) FLIGHTS OVER UNITS COVERED BY PLANS-
(1) AGREEMENT- A commercial air tour operator may not conduct
commercial air tour flights in the airspace over a unit covered
by an airspace management plan developed under subsection (a)
unless the commercial air tour operator enters into an
agreement with the Director and the Administrator that
authorizes such flights.
(2) CONTENTS- An agreement under paragraph (1) shall--
(A) provide for the application of relevant provisions of
the airspace management plan for the unit concerned to the
commercial air tour operator; and
(B) to the maximum extent practicable, provide for the
conduct of air tour flights by the air tour operator in a
manner that minimizes the adverse effects of the air tour
flights on the environment of the unit.
SEC. 5. FLIGHT-FREE PARKS.
For units that, as of January 1, 1997, experienced no overflights
by commercial air tour operators, the Director, in consultation
with the Administrator, shall--
(1) prescribe criteria to identify units where air tour
flights by commercial air tour aircraft would be incompatible
with or injurious to the purposes and values for which the
units were established;
(2) identify any units that meet those criteria; and
(3) designate those units as `flight-free park' units.
SEC. 6. SINGLE OPERATIONAL RULE FOR COMMERCIAL AIR TOUR OPERATIONS.
(a) IN GENERAL- Except as provided in subsection (b), the
Administrator, after notice and hearing on the record, shall issue
a regulation governing the operation of all air tour aircraft
flights by commercial air tour operators over units.
(b) SEPARATE OPERATIONAL RULES-
(1) IN GENERAL- The Administrator may issue regulations that
prescribe separate operational rules governing the conduct of
flights by fixed-wing
aircraft and by rotorcraft if the Administrator determines under
subsection (a) that separate rules are warranted.
(2) DEVELOPMENT OF OPERATIONAL RULE- In developing an
operational rule under paragraph (1), the Administrator shall--
(A) consider whether differences in the characteristics
and effects on the environment of fixed-wing aircraft and
rotorcraft warrant the development of separate operational
rules with respect to that craft;
(B) provide a mechanism for the Director to recommend
individual units or geographically proximate groups of
units to be designated as aerial sightseeing areas, as
defined by section 92.01 of the Federal Aviation
Administration Handbook, dated January 1992; and
(C) provide a mechanism for the Director to obtain
immediate assistance from the Administrator in resolving
issues relating to the use of airspace above units with
respect to which the issues are of a critical,
time-sensitive nature.
(c) EFFECT ON AGREEMENTS- Nothing in this section is intended to
preclude the Administrator, the Director, and a commercial air tour
operator from entering into, under section 4(h), an agreement on
the conduct of air tour flights by the air tour operator over a
particular unit under different terms and conditions from those
imposed by an operational rule issued under this subsection.
SEC. 7. AIRCRAFT SAFETY.
(a) DEVELOPMENT OF A SINGLE STANDARD FOR CERTIFYING COMMERCIAL
AIR TOUR OPERATORS-
(1) COMMENCEMENT OF RULEMAKING- The Administrator shall
initiate formal rulemaking proceedings (which shall include a
hearing on the record) for the purpose of revising the
regulations contained in part 135 of title 14, Code of Federal
Regulations (relating to air taxi operators and commercial
operators), to prescribe a new subpart to specifically cover
all commercial air tour operators (as that term shall be
defined by the Administrator under the subpart) that conduct
commercial air tour flights over units.
(2) COVERED MATTERS- The regulations issued under subsection
(a) shall address safety and environmental issues with respect
to commercial air tour flights over units. In issuing the
regulations, the Administrator shall attempt to minimize the
financial and administrative burdens imposed on commercial air
tour operators.
(b) AIRCRAFT MARKINGS-
(1) REQUIREMENT- Each operator of commercial air tour
aircraft shall display on each air tour aircraft of the
operator the identification marks described in paragraph (2).
(2) IDENTIFICATION MARKS- The identification marks for the
aircraft of a commercial air tour operator shall--
(A) be unique to the operator;
(B) be not less than 36 inches in length (or a size
consistent with the natural configuration of the aircraft
fuselage);
(C) appear on both sides of the air tour aircraft of the
air tour operator and on the underside of the aircraft; and
(D) be applied to the air tour aircraft of the air tour
operator in a highly visible color that contrasts sharply
with the original base color paint scheme of the aircraft.
(c) AERONAUTICAL CHARTS- The Administrator shall ensure that the
boundaries of each unit and the provisions of the airspace
management plan, operational rule, or Special Federal Aviation
Regulation (SFAR), if any, with respect to each unit are accurately
displayed on aeronautical charts.
(d) FLIGHT MONITORING SYSTEMS-
(1) IN GENERAL- The Administrator shall carry out a study of
the feasibility and advisability of requiring that commercial
air tour aircraft operating in the airspace over units have
onboard an automatic flight tracking system capable of
monitoring the altitude and ground position of the commercial
air tour aircraft.
(2) DETERMINATION BY ADMINISTRATOR- If the Administrator
determines under the study required under paragraph (1) that
the use of flight tracking systems in commercial air tour
aircraft is feasible and advisable, the Administrator and the
Director shall jointly develop a plan for implementing a
program to monitor the altitude and position of commercial air
tour aircraft over units.
(e) NATIONAL DATA BASE FOR COMMERCIAL AIR TOUR OPERATORS- The
Administrator shall--
(1) establish and maintain a data base concerning all
commercial air tour aircraft operated by commercial air tour
operators that shall be designed to provide data that shall be
used in making--
(A) determinations of--
(i) the scope of commercial air tour flights; and
(ii) accident rates for commercial air tour flights;
and
(B) assessments of the safety of commercial air tour
flights; and
(2) on the basis of the information in the data base
established under paragraph (1), ensure that each flight
standards district office of the Administration that serves a
district in which commercial air tour operators conduct
commercial air tour flights is adequately staffed to carry out
the purposes of this Act.
SEC. 8. EXCEPTIONS.
(a) FLIGHT EMERGENCIES- This Act does not apply to any aircraft--
(1) experiencing an in-flight emergency;
(2) participating in search and rescue, firefighting or
police emergency operations;
(3) carrying out park administration or maintenance
operations; or
(4) complying with air traffic control instructions.
(b) FLIGHTS BY MILITARY AIRCRAFT- This Act does not apply to
flights by military aircraft, except that the Secretary of Defense
is encouraged to work jointly with the Secretary of Transportation
and the Secretary of the Interior in pursuing means to mitigate the
impact of military flights over units.
(c) FLIGHTS FOR COMMERCIAL AERIAL PHOTOGRAPHY- The Director and
the Administrator shall jointly develop restrictions and fee
schedules for aircraft or rotorcraft engaged in commercial aerial
photography over units at altitudes that the Director and the
Administrator determine will impact adversely the resources and
values of affected units.
SEC. 9. NATIONAL PARK OVERFLIGHT ADVISORY COUNCIL.
(a) ESTABLISHMENT- There is established a commission to be known
as the `National Park Overflight Advisory Council'.
(b) MEMBERSHIP-
(1) IN GENERAL- The Council shall be comprised of the
following members:
(A) Members from each of the following groups, appointed
jointly by the Director and the Administrator:
(i) Environmental or conservation organizations,
citizens' groups, and other groups with similar
interests.
(ii) The commercial air tour industry and
organizations with similar interests.
(B) Representatives of departments or agencies of the
Federal Government.
(C) Such other persons as the Administrator and the
Director consider appropriate.
(c) DUTIES- The Council shall--
(1) determine the effects of commercial air tour flights in
the airspace over the units on the environment of the units;
(2) determine the economic effects of restrictions or
prohibitions on the flights;
(3) solicit and receive comments from interested individuals
and groups on the flights;
(4) develop recommendations for means of reducing the adverse
effects of the flights on the units;
(5) explore financial and other incentives that could
encourage manufacturers to advance the state-of-the-art in
quiet aircraft and rotorcraft technology and encourage
commercial air tour operators to implement the technology in
flights over units;
(6) provide comments and recommendations to the Director and
the Administrator under section 4;
(7) provide advice or recommendations to the Director, the
Administrator, and other appropriate individuals and groups on
matters relating to flights over units; and
(8) carry out such other activities as the Director and the
Administrator jointly consider appropriate.
(d) MEETINGS- The Council shall first meet not later than 180
days after the date of enactment of this Act, and shall meet
thereafter at the call of a majority of the members of the Council.
(e) ADMINISTRATION-
(1) COMPENSATION OF NON-FEDERAL MEMBERS- Members of the
Council who are not officers or employees of the Federal
Government shall serve without compensation for their work on
the Council, but shall be allowed travel expenses, including
per diem in lieu of subsistence, in the same manner as persons
employed intermittently in Government service under section
5703(b) of title 5, United States Code, to the extent funds are
available for that purpose.
(2) COMPENSATION OF FEDERAL MEMBERS- Members of the Council
who are officers or employees of the Federal Government shall
serve without compensation for their work on the Council other
than that compensation received in their regular public
employment, but shall be allowed travel expenses, including per
diem in lieu of subsistence, as authorized by law, to the
extent funds are available for that purpose.
(f) REPORTS- Not later than 1 year after the initial meeting of
the Council, and annually thereafter, the Council shall submit to
Congress, the Administrator, and the Director a report that--
(1) describes the activities of the Council under this
section during the preceding year; and
(2) sets forth the findings and recommendations of the
Council on matters related to the mitigation of the effects on
units of flights of commercial air tour operators over units.
(g) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated such sums as may be necessary to carry out the
provisions of this section.
SEC. 10. EXEMPTION FOR STATE OF ALASKA.
Nothing in this Act shall affect--
(1) the management of units in the State of Alaska; or
(2) any aircraft operations over or within units in the State
of Alaska.
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