To provide standards for determining whether the substantial restoration of the natural quiet and experience of the Grand Canyon National Park has been achieved and to clarify regulatory authority with respect to commercial air tours operating over the Park.

SA 3528. Mr. McCAIN (for himself, Mr. Reid, Mr. Kyl, and Mr. Ensign)
proposed an amendment to amendment SA 3452 proposed by Mr. Rockefeller
to the bill H.R. 1586, to impose an additional tax on bonuses received
from certain TARP recipients; which was ordered to lie on the table; as
follows:

At the end of title VII, add the following:

SEC. 723. OVERFLIGHTS IN GRAND CANYON NATIONAL PARK.

(a) Determinations With Respect to Substantial Restoration
of Natural Quiet and Experience.--
(1) In general.--Notwithstanding any other provision of
law, for purposes of section 3(b)(1) of Public Law 100-91 (16
U.S.C. 1a-1 note), the substantial restoration of the natural
quiet and experience of the Grand Canyon National Park (in
this subsection 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 the enactment of this Act.
(2) Considerations.--
(A) In general.--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
the enactment of this Act to assess impacts relating to
subsectional 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) Sound from other sources.--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) Continued monitoring.--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 in
the Park.
(4) Day defined.--For purposes of this subsection, the term
``day'' means the hours between 7:00 a.m. and 7:00 p.m.
(b) Regulation of Commercial Air Tour Operations.--
Commercial air tour operations over the Grand Canyon National
Park Special Flight Rules Area shall continue to be conducted
in accordance with subpart U of part 93 of title 14, Code of
Federal Regulations (as in effect on the day before the date
of the enactment of this Act), except as follows:
(1) Curfews for commercial flights.--The hours for the
curfew under section 93.317 of title 14, Code of Federal
Regulations, shall be revised as follows:
(A) Entry into effect of curfew.--The curfew shall go into
effect--
(i) at 6:00 p.m. on April 16 through August 31;
(ii) at 5:30 p.m. on September 1 through September 15;
(iii) at 5:00 p.m. on September 16 through September 30;
(iv) at 4:30 p.m. on October 1 through October 31; and
(v) at 4:00 p.m. on November 1 through April 15.
(B) Termination of curfew.--The curfew shall terminate--
(i) at 8:00 a.m. on March 16 through October 15; and
(ii) at 9:00 a.m. on October 16 through March 15.
(2) Modifications of air tour routes.--
(A) Dragon corridor.--Commercial air tour routes for the
Dragon Corridor (Black 1A and Green 2 routes) shall be
modified to include a western ``dogleg'' for the lower \1/3\
of the Corridor to reduce air tour noise for west rim
visitors in the vicinity of Hermits Rest and Dripping
Springs.
(B) Zuni point corridor.--Commercial air tour routes for
the Zuni Point Corridor (Black 1 and Green 1 routes) shall be
modified--
(i) to eliminate crossing over Nankoweap Basin; and
(ii) to limit the commercial air tour routes commonly known
as ``Snoopy's Nose'' to extend not farther east than the
Grand Canyon National Park boundary.
(C) Permanence of black 2 and green 4 air tour routes.--The
locations of the Black 2 and Green 4 commercial air tour
routes shall not be modified unless the Administrator of the
Federal Aviation Administration determines that such a
modification is necessary for safety reasons.
(3) Special rules for marble canyon sector.--
(A) Flight allocation.--The flight allocation cap for
commercial air tour operations in Marble Canyon (Black 4
route) shall be modified to not more than 5 flights a day to
preserve permanently the high level of natural quiet that has
been achieved in Marble Canyon.
(B) Curfew.--Commercial air tour operations in Marble
Canyon (Black 4 route) shall be subject to a year-round
curfew that enters into effect one hour before sunset and
terminates one hour after sunrise.
(C) Elimination of commercial air tour route.--The Black 5
commercial air tour route for Marble Canyon shall be
eliminated.
(4) Conversion to quiet aircraft technology.--
(A) In general.--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 appendix A to
subpart U of part 93 of title 14, Code of Federal Regulations
(as in effect on the day before the date of the enactment of
this Act)) by not later than the date that is 15 years after
the date of the enactment of this Act.
(B) Incentives for conversion.--The Secretary and the
Administrator of the Federal Aviation Administration shall
provide incentives for commercial air tour operators that
convert to quiet aircraft technology before the date
specified in subparagraph (A), such as--
(i) reducing overflight fees for those operators; and
(ii) increasing the flight allocations for those operators.
(5) Hualapai economic development exemption.--The exception
for commercial air tour operators operating under contracts
with the Hualapai Indian Nation under section 93.319(f) of
title 14, Code of Federal Regulations (as in effect on the
day before the date of the enactment of this Act) may not be
terminated, unless the Administrator of the Federal Aviation
Administration determines that terminating the exception is
necessary for safety reasons.
(c) Flight Allocation Cap.--
(1) Prohibition on reduction of flight allocation cap.--
Notwithstanding any other provision of law, the allocation
cap for commercial air tours operating in the Grand Canyon
National Park Special Flight Rules Area in effect on the day
before the date of the enactment of this Act may not be
reduced.
(2) Rulemaking to increase flight allocation cap.--Not
later than 180 days after the date of the enactment of this
Act, the Administrator of the Federal Aviation Administration
shall issue a notice of proposed rulemaking that--
(A) reassesses the allocations for commercial air tours
operating in the Grand Canyon National Park Special Flight
Rules Area in light of gains with respect to the restoration
of natural quiet and experience in the Park;
(B) makes equitable adjustments to those allocations,
subject to continued monitoring under subsection (a)(3); and
(C) facilitates the use of new quieter aircraft technology
by allowing commercial air tour operators using such
technology to petition the Federal Aviation Administration to
adjust allocations in accordance with improvements with
respect to the restoration of natural quiet and experience in
the Park resulting from such technology.
(3) Interim flight allocations.--
(A) In general.--Until the Administrator issues a final
rule pursuant to paragraph (2), for purposes of the
allocation cap for commercial air tours operating in the
Grand Canyon National Park Special Flight Rules Area--
(i) from November 1 through March 15, a flight operated by
a commercial air tour operator described in subparagraph (B)
shall count as \1/2\ of 1 allocation; and
(ii) from March 16 through October 31, a flight operated by
a commercial air tour operator described in subparagraph (B)
shall count as \3/4\ of 1 allocation.
(B) Commercial air tour operator described.--A commercial
air tour operator described in this subparagraph is a
commercial air tour operator that--
(i) operated in the Grand Canyon National Park Special
Flight Rules Area before the date of the enactment of this
Act; and
(ii) operates aircraft that use quiet aircraft technology
(as determined in accordance with appendix A to subpart U of
part 93 of title 14, Code of Federal Regulations (as in
effect on the day before the date of the enactment of this
Act)).
(d) Commercial Air Tour User Fees.--Notwithstanding section
4(n)(2)(A) of the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l-6a(n)(1)(2)(A)), the Secretary--
(1) may establish a commercial tour use fee in excess of
$25 for each commercial air tour aircraft with a passenger
capacity of 25 or less for air tours operating in the Grand
Canyon National Park Special Flight Rules Area in order to
offset the costs of carrying out this section; and
(2) if the Secretary establishes a commercial tour use fee
under paragraph (1), shall develop a method for providing a
significant discount in the amount of that fee for air tours
that operate aircraft that use quiet aircraft technology (as
determined in accordance with appendix A to subpart U of

[[Page S1628]]

part 93 of title 14, Code of Federal Regulations (as in
effect on the day before the date of the enactment of this
Act)).
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