The date of the enactment of this section, referred to in subsecs. (a)(4), (c)(2)(A), (3)(C), and (g)(2), is the date of enactment of Pub. L. 106–181, which was approved
Section 805 of the National Parks Air Tour Management Act of 2000, referred to in subsec. (b)(4)(E), is section 805 of title VIII of Pub. L. 106–181, which is set out in a note under section 40128 of this title.
The date of enactment of the FAA Modernization and Reform Act of 2012, referred to in subsec. (d)(2), is the date of enactment of Pub. L. 112–95, which was approved
Subsec. (b)(4)(E). Pub. L. 118–63 added subpar. (E).
2018—Subsec. (a)(3). Pub. L. 115–254 substituted “under part 91 of title 14,” for “under part 91 of the title 14,”.
2012—Subsec. (a)(1)(C). Pub. L. 112–95, § 501(a), inserted “or voluntary agreement under subsection (b)(7)” before “for the park”.
Subsec. (a)(5). Pub. L. 112–95, § 501(b), added par. (5).
Subsec. (b)(1)(C). Pub. L. 112–141 amended subpar. (C) generally. Prior to amendment, text read as follows: “An application to begin commercial air tour operations at Crater Lake National Park may be denied without the establishment of an air tour management plan by the Director of the National Park Service if the Director determines that such operations would adversely affect park resources or visitor experiences.”
Pub. L. 112–95, § 501(c)(1), added subpar. (C).
Subsec. (b)(7). Pub. L. 112–95, § 501(c)(2), added par. (7).
Subsec. (c)(2)(I). Pub. L. 112–95, § 501(d)(1), added subpar. (I) and struck out former subpar. (I) which read as follows: “shall allow for modifications of the interim operating authority based on experience if the modification improves protection of national park resources and values and of tribal lands.”
Subsec. (c)(3)(A). Pub. L. 112–95, § 501(d)(2), substituted “without further environmental process beyond that described in this paragraph, if—” for “if the Administrator determines the authority is necessary to ensure competition in the provision of commercial air tour operations over the park or tribal lands.” and added cls. (i) to (iii).
Subsecs. (d) to (g). Pub. L. 112–95, § 501(e), added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively.
2005—Subsec. (e). Pub. L. 109–115 inserted at end “For purposes of this subsection, an air tour operator flying over the Hoover Dam in the Lake Mead National Recreation Area en route to the Grand Canyon National Park shall be deemed to be flying solely as a transportation route.”
2003—Subsec. (a)(1). Pub. L. 108–176, § 323(a)(1), inserted “, as defined by this section,” after “tribal lands” in introductory provisions.
Subsec. (b)(3)(A), (B). Pub. L. 108–176, § 323(a)(2), inserted “over a national park” after “operations”.
Subsec. (b)(3)(C). Pub. L. 108–176, § 323(a)(3), inserted “over a national park that are also” after “operations”.
Subsec. (b)(3)(D). Pub. L. 108–176, § 323(a)(4), substituted “over a national park” for “at the park”.
Subsec. (b)(3)(E). Pub. L. 108–176, § 323(a)(5), inserted “over a national park” before “if the plan includes”.
Subsec. (c)(2)(A)(i), (B). Pub. L. 108–176, § 323(a)(6), inserted “over a national park” after “operations”.
Subsec. (f)(1). Pub. L. 108–176, § 323(a)(7), inserted “over a national park” after “operation”.
Subsec. (f)(4). Pub. L. 108–176, § 323(a)(10), inserted “
Subsec. (f)(4)(A). Pub. L. 108–176, § 323(a)(8), in introductory provisions, substituted “commercial air tour operation over a national park” for “commercial air tour operation” and “park (except the Grand Canyon National Park), or over tribal lands (except those within or abutting the Grand Canyon National Park),” for “park, or over tribal lands,”.
Subsec. (f)(4)(B). Pub. L. 108–176, § 323(a)(9), inserted “over a national park” after “operation” in introductory provisions.
Amendment by Pub. L. 112–141 effective
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after
Section applicable only to fiscal years beginning after
Pub. L. 112–141, div. C, title V, § 35001, “(a) “(1) Notwithstanding any other provision of law, for purposes of section 3(b)(1) of Public Law 100–91 ([former] 16 U.S.C. 1a–1 note [now set out below]), the substantial restoration of the natural quiet and experience of the Grand Canyon National Park (in this section referred to as the ‘Park’) shall be considered to be achieved in the Park if, for at least 75 percent of each day, 50 percent of the Park is free of sound produced by commercial air tour operations that have an allocation to conduct commercial air tours in the Park as of the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways].“(2) “(A) For purposes of determining whether substantial restoration of the natural quiet and experience of the Park has been achieved in accordance with paragraph (1), the Secretary of the Interior (in this section referred to as the ‘Secretary’) shall use—“(i) the 2-zone system for the Park in effect on the date of enactment of this Act to assess impacts relating to substantial restoration of natural quiet at the Park, including— “(I) the thresholds for noticeability and audibility; and “(II) the distribution of land between the 2 zones; and“(ii) noise modeling science that is— “(I) developed for use at the Park, specifically Integrated Noise Model Version 6.2; “(II) validated by reasonable standards for conducting field observations of model results; and “(III) accepted and validated by the Federal Interagency Committee on Aviation Noise.“(B) The Secretary shall not consider sound produced by sources other than commercial air tour operations, including sound emitted by other types of aircraft operations or other noise sources, for purposes of—“(i) making recommendations, developing a final plan, or issuing regulations relating to commercial air tour operations in the Park; or“(ii) determining under paragraph (1) whether substantial restoration of the natural quiet and experience of the Park has been achieved.“(3) The Secretary shall continue monitoring noise from aircraft operating over the Park below 17,999 feet MSL to ensure continued compliance with the substantial restoration of natural quiet and experience of the Park.“(4) For purposes of this section, the term ‘day’ means the hours between 7:00 a.m. and 7:00 p.m.“(b) “(1) Not later than 15 years after the date of enactment of this Act, all commercial air tour aircraft operating in the Grand Canyon National Park Special Flight Rules Area shall be required to fully convert to quiet aircraft technology (as determined in accordance with regulations in effect on the day before the date of enactment of this Act).“(2) Not later than 60 days after the date of enactment of this Act, the Secretary and the Administrator of the Federal Aviation Administration shall provide incentives for commercial air tour operators that convert to quiet aircraft technology (as determined in accordance with the regulations in effect on the day before the date of enactment of this Act) before the date specified in paragraph (1), such as increasing the flight allocations for such operators on a net basis consistent with section 804(c) of the National Park[s] Air Tours [Tour] Management Act of 2000 (title VIII of Public Law 106–181) [set out below], provided that the cumulative impact of such operations does not increase noise at Grand Canyon National Park.”
Pub. L. 109–115, div. A, title I, § 177,
Pub. L. 108–176, title III, § 323(b), “(1) No later than January 2005, the Secretary of Transportation shall issue a final rule to establish standards for quiet technology that are reasonably achievable at Grand Canyon National Park, based on the Supplemental Notice of Proposed Rulemaking on Noise Limitations for Aircraft Operations in the Vicinity of Grand Canyon National Park, published in the Federal Register on “(2) Subject to applicable administrative law and procedures, if the Secretary determines that a dispute among interested parties (including outside groups) or government agencies cannot be resolved within a reasonable time frame and could delay finalizing the rulemaking described in subsection (a), or implementation of final standards under such rule, due to controversy over adoption of quiet technology routes, establishment of incentives to encourage adoption of such routes, establishment of incentives to encourage adoption of quite technology, or other measures to achieve substantial restoration of natural quiet, the Secretary shall refer such dispute to a recognized center for environmental conflict resolution.”
Pub. L. 106–181, title VIII, “This title may be cited as the ‘National Parks Air Tour Management Act of 2000’. [Enacted this section.] [Amended analysis for chapter 401 of this title.] “Effective beginning on the date of the enactment of this Act [ “Any methodology adopted by a Federal agency to assess air tour noise in any unit of the national park system (including the Grand Canyon and Alaska) shall be based on reasonable scientific methods. “The provisions of this title and section 40128 of title 49, United States Code, as added by section 803(a), do not apply to any land or waters located in Alaska.”“SEC. 801. SHORT TITLE.“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 minimizing, 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, composed 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) “(b) “(c) For purposes of section 40128 of title 49, United States Code—“(1) regulations issued by the Secretary of Transportation and the Administrator [of the Federal Aviation Administration] under section 3 of Public Law 100–91 ([former] 16 U.S.C. 1a–1 note [now set out below]); and“(2) commercial air tour operations carried out in compliance with the requirements of those regulations,shall be deemed to meet the requirements of such section 40128.“SEC. 804. QUIET AIRCRAFT TECHNOLOGY FOR GRAND CANYON.“(a) Within 12 months after the date of the enactment of this Act [“(b) In consultation with the Director and the advisory group established under section 805, the Administrator shall establish, by rule, routes or corridors for commercial air tour operations (as defined in section 40128(f) of title 49, United States Code) by fixed-wing and helicopter aircraft that employ quiet aircraft technology for—“(1) tours of the Grand Canyon originating in Clark County, Nevada; and“(2) ‘local loop’ tours originating at the Grand Canyon National Park Airport, in Tusayan, Arizona,“(c) Commercial air tour operations by any fixed-wing or helicopter aircraft that employs quiet aircraft technology and that replaces an existing aircraft shall not be subject to the operational flight allocations that apply to other commercial air tour operations of the Grand Canyon, provided that the cumulative impact of such operations does not increase noise at the Grand Canyon.“(d) A commercial air tour operation by a fixed-wing or helicopter aircraft in a commercial air tour operator’s fleet on the date of the enactment of this Act [“(e) Nothing in this Act [should be “this title”] shall be construed to relieve or diminish—“(1) the statutory mandate imposed upon the Secretary of the Interior and the Administrator of the Federal Aviation Administration under Public Law 100–91 ([former] 16 U.S.C. 1a–1 note [now set out below]) to achieve the substantial restoration of the natural quiet and experience at the Grand Canyon National Park; and“(2) the obligations of the Secretary and the Administrator to promulgate forthwith regulations to achieve the substantial restoration of the natural quiet and experience at the Grand Canyon National Park.“SEC. 805. ADVISORY GROUP.“(a) Not later than 1 year after the date of the enactment of this Act [“(b) “(1) The advisory group shall be composed of—“(A) a balanced group of—“(i) representatives of general aviation;“(ii) representatives of commercial air tour operators;“(iii) representatives of environmental concerns; and“(iv) representatives of Indian tribes;“(B) a representative of the Federal Aviation Administration; and“(C) a representative of the National Park Service.“(2) The Administrator (or the designee of the Administrator) and the Director (or the designee of the Director) shall serve as ex officio members.“(3) The representative of the Federal Aviation Administration and the representative of the National Park Service shall serve alternating 1-year terms as chairman of the advisory group, with the representative of the Federal Aviation Administration serving initially until the end of the calendar year following the year in which the advisory group is first appointed.“(c) The advisory group shall provide advice, information, and recommendations to the Administrator and the Director—“(1) on the implementation of this title and the amendments made by this title;“(2) on commonly accepted quiet aircraft technology for use in commercial air tour operations over a national park or tribal lands, which will receive preferential treatment in a given air tour management plan;“(3) on other measures that might be taken to accommodate the interests of visitors to national parks; and“(4) at the request of the Administrator and the Director, safety, environmental, and other issues related to commercial air tour operations over a national park or tribal lands.“(d) “(1) Members of the advisory group who are not officers or employees of the United States, while attending conferences or meetings of the group or otherwise engaged in its business, or while serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently.“(2) The Federal Aviation Administration and the National Park Service shall jointly furnish to the advisory group clerical and other assistance.“(3) Section 1013 of title 5, United States Code, does not apply to the advisory group.“SEC. 806. PROHIBITION OF COMMERCIAL AIR TOUR OPERATIONS OVER THE ROCKY MOUNTAIN NATIONAL PARK.“SEC. 807. REPORTS.“(a) Not later than 180 days after the date of the enactment of this Act [“(1) the viability of a tax credit for the commercial air tour operators equal to the amount of any overflight fees charged by the National Park Service; and“(2) the financial effects proposed offsets are likely to have on Federal Aviation Administration budgets and appropriations.“(b) Not later than 2 years after the date of the enactment of this Act, the Administrator and the Director of the National Park Service shall jointly transmit a report to Congress on the effectiveness of this title in providing incentives for the development and use of quiet aircraft technology.“SEC. 808. METHODOLOGIES USED TO ASSESS AIR TOUR NOISE.“SEC. 809. ALASKA EXEMPTION.
Pub. L. 100–91, “The Administrator shall conduct surveillance of aircraft flights over the Boundary Waters Canoe Area Wilderness as authorized by the Act of “In conducting the study and the assessment required by this Act, the Secretary of the Interior and the Chief of the Forest Service shall consult with other Federal agencies that are engaged in an analysis of the impacts of aircraft overflights over federally-owned land.”“SECTION 1. STUDY OF PARK OVERFLIGHTS.“(a) The Secretary of the Interior (hereinafter referred to as the ‘Secretary’), acting through the Director of the National Park Service, shall conduct a study to determine the proper minimum altitude which should be maintained by aircraft when flying over units of the National Park System. The Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration (hereinafter referred to as the ‘Administrator’), shall provide technical assistance to the Secretary in carrying out the study.“(b) The study shall identify any problems associated with overflight by aircraft of units of the National Park System and shall provide information regarding the types of overflight which may be impacting on park unit resources. The study shall distinguish between the impacts caused by sightseeing aircraft, military aircraft, commercial aviation, general aviation, and other forms of aircraft which affect such units. The study shall identify those park system units, and portions thereof, in which the most serious adverse impacts from aircraft overflights exist.“(c) The study under this section shall include research at the following units of the National Park System: Cumberland Island National Seashore, Yosemite National Park, Hawaiʻi Volcanoes National Park, Haleakala̅ National Park, Glacier National Park, and Mount Rushmore National Memorial, and at no less than four additional units of the National Park System, excluding all National Park System units in the State of Alaska. The research at each such unit shall provide information and an evaluation regarding each of the following:“(1) the impacts of aircraft noise on the safety of the park system users, including hikers, rock-climbers, and boaters;“(2) the impairment of visitor enjoyment associated with flights over such units of the National Park System;“(3) other injurious effects of overflights on the natural, historical, and cultural resources for which such units were established; and“(4) the values associated with aircraft flights over such units of the National Park System in terms of visitor enjoyment, the protection of persons or property, search and rescue operations and firefighting.Such research shall evaluate the impact of overflights by both fixed-wing aircraft and helicopters. The research shall include an evaluation of the differences in noise levels within such units of the National Park System which are associated with flight by commonly used aircraft at different altitudes. The research shall apply only to overflights and shall not apply to landing fields within, or adjacent to, such units.“(d) The Secretary shall submit a report to the Congress within 3 years after the enactment of this Act [“(e) The Administrator shall review current rules and regulations pertaining to flights of aircraft over units of the National Park System at which research is conducted under subsection (c) and over any other such units at which such a review is determined necessary by the Administrator or is requested by the Secretary. In the review under this subsection, the Administrator shall determine whether changes are needed in such rules and regulations on the basis of aviation safety. Not later than 180 days after the identification of the units of the National Park System for which research is to be conducted under subsection (c), the Administrator shall submit a report to Congress containing the results of the review along with recommendations for legislative and regulatory action which are needed to implement any such changes.“(f) There are authorized to be appropriated such sums as may be necessary to carry out the studies and review under this section.“SEC. 2. FLIGHTS OVER YOSEMITE AND HALEAKALA̅ DURING STUDY AND REVIEW.“(a) During the study and review periods provided in subsection (c), it shall be unlawful for any fixed wing aircraft or helicopter flying under visual flight rules to fly at an altitude of less than 2,000 feet over the surface of Yosemite National Park. For purposes of this subsection, the term ‘surface’ refers to the highest terrain within the park which is within 2,000 feet laterally of the route of flight and with respect to Yosemite Valley such term refers to the upper-most rim of the valley.“(b) During the study and review periods provided in subsection (c), it shall be unlawful for any fixed wing aircraft or helicopter flying under visual flight rules to fly at an altitude below 9,500 feet above mean sea level over the surface of any of the following areas in Haleakala̅ National Park: Haleakala Crater, Crater Cabins, the Scientific Research Reserve, Halemauu Trail, Kaupo Gap Trail, or any designated tourist viewpoint.“(c) For purposes of subsections (a) and (b), the study period shall be the period of the time after the date of enactment of this Act [“(d) The prohibitions contained in subsections (a) and (b) shall not apply to any of the following:“(1) emergency situations involving the protection of persons or property, including aircraft;“(2) search and rescue operations;“(3) flights for purposes of firefighting or for required administrative purposes; and“(4) compliance with instructions of an air traffic controller.“(e) For purposes of enforcement, the prohibitions contained in subsections (a) and (b) shall be treated as requirements established pursuant to section 307 of the Federal Aviation Act of 1958 [see 49 U.S.C. 40103(b)]. To provide information to pilots regarding the restrictions established under this Act, the Administrator shall provide public notice of such restrictions in appropriate Federal Aviation Administration publications as soon as practicable after the enactment of this Act [“SEC. 3. GRAND CANYON NATIONAL PARK.“(a) Noise associated with aircraft overflights at the Grand Canyon National Park is causing a significant adverse effect on the natural quiet and experience of the park and current aircraft operations at the Grand Canyon National Park have raised serious concerns regarding public safety, including concerns regarding the safety of park users.“(b) “(1) Within 30 days after the enactment of this Act [“(2) Not later than 90 days after receipt of the recommendations under paragraph (1) and after notice and opportunity for hearing, the Administrator shall prepare and issue a final plan for the management of air traffic in the air space above the Grand Canyon. The plan shall, by appropriate regulation, implement the recommendations of the Secretary without change unless the Administrator determines that implementing the recommendations would adversely affect aviation safety. If the Administrator determines that implementing the recommendations would adversely affect aviation safety, he shall, not later than 60 days after making such determination, in consultation with the Secretary and after notice and opportunity for hearing, review the recommendations consistent with the requirements of paragraph (1) to eliminate the adverse effects on aviation safety and issue regulations implementing the revised recommendations in the plan. In addition to the Administrator’s authority to implement such regulations under the Federal Aviation Act of 1958 [see 49 U.S.C. 40101 et seq.], the Secretary may enforce the appropriate requirements of the plan under such rules and regulations applicable to the units of the National Park System as he deems appropriate.“(3) Within 2 years after the effective date of the plan required by subsection (b)(2), the Secretary shall submit to the Congress a report discussing—“(A) whether the plan has succeeded in substantially restoring the natural quiet in the park; and“(B) such other matters, including possible revisions in the plan, as may be of interest.The report shall include comments by the Administrator regarding the effect of the plan’s implementation on aircraft safety.“(c) Subsection (b) shall not prohibit the flight of helicopters—“(1) which fly a direct route between a point on the north rim outside of the Grand Canyon National Park and locations on the Hualapai Indian Reservation (as designated by the Tribe); and“(2) whose sole purpose is transporting individuals to or from boat trips on the Colorado River and any guide of such a trip.“SEC. 4. BOUNDARY WATERS CANOE AREA WILDERNESS.“SEC. 5. ASSESSMENT OF NATIONAL FOREST SYSTEM WILDERNESS OVERFLIGHTS.“(a) The Chief of the Forest Service (hereinafter referred to as the ‘Chief’) shall conduct an assessment to determine what, if any, adverse impacts to wilderness resources are associated with overflights of National Forest System wilderness areas. The Administrator of the Federal Aviation Administration shall provide technical assistance to the Chief in carrying out the assessment. Such assessment shall apply only to overflight of wilderness areas and shall not apply to aircraft flights or landings adjacent to National Forest System wilderness units. The assessment shall not apply to any National Forest System wilderness units in the State of Alaska.“(b) The Chief shall submit a report to Congress within 2 years after enactment of this Act [“(c) Effective “SEC. 6. CONSULTATION WITH FEDERAL AGENCIES.