To amend section 40128 of title 49, United States Code, relating to air tour management plans at national parks.

SA 3534. Mr. WYDEN (for himself and Mr. Merkley) submitted an
amendment intended to be proposed 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:

On page 246, strike lines 16 through 18 and insert the
following:
(D) in subsection (b)--
(i) in paragraph (1)--

(I) in subparagraph (A)--

(aa) by striking ``, in cooperation with'' and inserting
``and''; and

[[Page S1629]]

(bb) by striking ``The air tour'' and all that follows; and

(II) by redesignating subparagraph (B) as subparagraph (C);
(III) by inserting after subparagraph (A) the following:

``(B) Process and approval.--The establishment of air tour
management plans shall be a fully cooperative process between
the Administrator and the Director. The Administrator shall
be responsible for ensuring the safety of America's airspace
and the Director shall be responsible for protecting park
resources and values. Each air tour management plan shall
be--
``(i) developed through a public process that complies with
paragraph (4); and
``(ii) approved by the Administrator and the Director.'';
and

(IV) by adding at the end the following:

``(D) Exception.--An application to begin commercial air
tour operations at any unit of the national park system that
did not have air tour operations in effect, as of the date of
the enactment of the FAA Air Transportation Modernization and
Safety Improvement Act, may be denied, without the
establishment of an air tour management plan, if--
``(i) the Administrator determines that such operations
would create a safety problem for the airspace over the park;
or
``(ii) the Director determines that such operations would
unacceptably impact park resources or visitor experiences.'';
and
(ii) in paragraph (4)(C), by striking ``National Park
Service'' and inserting ``Department of the Interior''.
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