S.Amdt. 1669Senate112th Congress (2011-2013)

To enhance the natural quiet and safety of airspace of the Grand Canyon National Park and for other purposes.

What it does: Adds SEC. ___. AIRCRAFT NOISE ABATEMENT wherever appropriate
Submitted February 16, 2012

What it changes

1 change to S. 1813

Adds a section
  1. Adds SEC. ___. AIRCRAFT NOISE ABATEMENT wherever appropriate

    Adds a section

    Inserted: SEC. ___. AIRCRAFT NOISE ABATEMENT.

    Inserted: (a) In General.--Section 3(b)(2) of Public Law 100 91 (16 U.S.C. 1a 1 note) is amended by adding at the end the following: "The plan shall not apply to or otherwise affect the regulation of flights over the Grand Canyon at altitudes above the Special Flight Rules Area for the Grand Canyon in effect as of the date of the enactment of the MAP 21, or as subsequently modified by mutual agreement of the Secretary and the Administrator.".

    Inserted: (b) Savings Provisions.--

    Inserted: (1) Jurisdiction of national airspace.--None of the recommendations required under section 3(b)(1) of Public Law 100 91 (16 U.S.C. 1a 1 note), including recommendations to raise the flight-free zone altitude ceilings, shall adversely affect the national airspace system, as determined by the Administrator of the Federal Aviation Administration. If the Administrator determines that implementing the recommendations would adversely affect the national airspace system, the Administrator shall consult with the Secretary of the Interior to eliminate the adverse effects.

    Inserted: (2) Effect of nepa determinations.--None of the environmental thresholds, analyses, impact determinations, or conditions prepared or used by the Secretary to develop recommendations regarding the substantial restoration of natural quiet and experience for the Grand Canyon National Park required under section 3(b)(1) of Public Law 100 91 shall have broader application or be given deference with respect to the Administrator's compliance with the National Environmental Policy Act for proposed aviation actions and decisions. Nothing in this section may be construed to limit the ability of the National Park Service to use its own methods of analysis and impact determinations for air tour management planning within its purview under the National Parks Air Tour Management Act of 2000 (title VIII of Public Law 106 181).

    Inserted: (c) Conversion to Quiet Technology Aircraft.--

    Inserted: (1) In general.--Not later than 15 years after the date of the 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 the enactment of this Act).

    Inserted: (2) Conversion incentives.--Not later than 60 days after the date of the 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 the 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 Air Tours Management Act of 2000 (title VIII of Public Law 106 181), provided that the cumulative impact of such operations does not increase noise at Grand Canyon National Park.

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    Original wording

    At the appropriate place, insert the following:

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As printed

At the appropriate place, insert the following:

SEC. ___. AIRCRAFT NOISE ABATEMENT.

(a) In General.--Section 3(b)(2) of Public Law 100 91 (16 U.S.C. 1a 1 note) is amended by adding at the end the following: “The plan shall not apply to or otherwise affect the regulation of flights over the Grand Canyon at altitudes above the Special Flight Rules Area for the Grand Canyon in effect as of the date of the enactment of the MAP 21, or as subsequently modified by mutual agreement of the Secretary and the Administrator.”.

(b) Savings Provisions.--

(1) Jurisdiction of national airspace.--None of the recommendations required under section 3(b)(1) of Public Law 100 91 (16 U.S.C. 1a 1 note), including recommendations to raise the flight-free zone altitude ceilings, shall adversely affect the national airspace system, as determined by the Administrator of the Federal Aviation Administration. If the Administrator determines that implementing the recommendations would adversely affect the national airspace system, the Administrator shall consult with the Secretary of the Interior to eliminate the adverse effects.

(2) Effect of nepa determinations.--None of the environmental thresholds, analyses, impact determinations, or conditions prepared or used by the Secretary to develop recommendations regarding the substantial restoration of natural quiet and experience for the Grand Canyon National Park required under section 3(b)(1) of Public Law 100 91 shall have broader application or be given deference with respect to the Administrator's compliance with the National Environmental Policy Act for proposed aviation actions and decisions. Nothing in this section may be construed to limit the ability of the National Park Service to use its own methods of analysis and impact determinations for air tour management planning within its purview under the National Parks Air Tour Management Act of 2000 (title VIII of Public Law 106 181).

(c) Conversion to Quiet Technology Aircraft.--

(1) In general.--Not later than 15 years after the date of the 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 the enactment of this Act).

(2) Conversion incentives.--Not later than 60 days after the date of the 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 the 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 Air Tours Management Act of 2000 (title VIII of Public Law 106 181), provided that the cumulative impact of such operations does not increase noise at Grand Canyon National Park.

Legislative Activity

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Floor Latest Action

Considered by Senate. (consideration: CR S1645, S1648-1649)

March 14, 2012

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Floor

Considered by Senate. (consideration: CR S1645, S1648-1649)

March 14, 2012

Floor

Proposed amendment SA 1669 as modified withdrawn in Senate. (consideration: CR S1648-1649)

March 14, 2012

Floor

Considered by Senate. (consideration: CR S1593)

March 13, 2012

Floor

Senate amendment proposed (on the floor): Amendment SA 1669 proposed by Senator McCain.(consideration: CR S1533; text as modified: CR S1533)

March 8, 2012

Floor

Amendment SA 1669 proposed by Senator McCain. (consideration: CR S1533; text as modified: CR S1533) To enhance the natural quiet and safety of airspace of the Grand Canyon National Park and for other purposes.

March 8, 2012

Floor

Senate amendment submitted

February 16, 2012