To make technical corrections to certain provisions relating to overflights of National Parks.

1. Inserts new text at the end of the bill

   Inserts

   In S. 1813 · Reported to Senate

   "7. Highway Spending Controls.............................. 701".

   Inserted: DIVISION __AIR TRANSPORTATION

   Inserted: SEC. __. TECHNICAL CORRECTIONS RELATING TO OVERFLIGHTS OF NATIONAL PARKS.

   Inserted: (a) In General.--Section 40128 of title 49, United States Code, is amended to read as follows:

   Inserted: "Sec. 40128. Overflights of national parks

   Inserted: "(a) In General.--

   Inserted: "(1) General delineation of responsibilities.--

   Inserted: "(A) Authority of director.--The Director has the authority to establish air tour management plans, issue air tour permits for commercial air tour operations conducted in accordance with an air tour management plan, enter into a voluntary agreement with a commercial air tour operator, and issue interim operating permits under subsection (c).

   Inserted: "(B) Authority of administrator.--The Administrator has the authority to ensure that any action taken under this section does not adversely affect aviation safety or the management of the national airspace system.

   Inserted: "(2) General requirements.--A commercial air tour operator may not conduct commercial air tour operations over a national park or tribal lands, as defined by this section, except--

   Inserted: "(A) in accordance with this section;

   Inserted: "(B) in accordance with conditions and limitations prescribed for that operator; and

   Inserted: "(C) in accordance with any applicable air tour management plan or voluntary agreement developed under subsection (b) for the park or tribal lands.

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   Inserted: "(3) Application for operating authority.--

   Inserted: "(A) Application required.--Before commencing commercial air tour operations over a national park or tribal lands, a commercial air tour operator shall apply to the Director for authority to conduct the operations over the park or tribal lands.

   Inserted: "(B) Number of operations authorized.--In determining the number of authorizations to issue to provide commercial air tour operations over a national park, the Director shall take into consideration the provisions of the air tour management plan, the number of existing commercial air tour operators and current level of service and equipment provided by any such operators, and the financial viability of each commercial air tour operation.

   Inserted: "(C) Consultation with faa.--Before granting an application under this paragraph, the Director, in consultation with the Administrator, shall develop an air tour management plan in accordance with subsection (b) and implement such plan.

   Inserted: "(D) Time limit on response to atmp applications.--The Director shall make every effort to act on any application under this paragraph and issue a decision on the application not later than 24 months after it is received or amended.

   Inserted: "(E) Priority.--In acting on applications under this paragraph to provide commercial air tour operations over a national park, the Director shall give priority to an application under this paragraph in any case in which a new entrant commercial air tour operator is seeking operating authority with respect to that national park.

   Inserted: "(4) Exception.--Notwithstanding paragraph (2), commercial air tour operators may conduct commercial air tour operations over a national park under part 91 of the title 14, Code of Federal Regulations, if--

   Inserted: "(A) such activity is permitted under part 119 of such title;

   Inserted: "(B) the total number of operations under this exception is limited to not more than five flights in any 30-day period over a particular park; and

   Inserted: "(C) the operator complies with the conditions under which the operations will be conducted as established by the Director, in consultation with the Administrator.

   Inserted: "(5) Special rule for safety requirements.--Before receiving a permit issued under this section, a commercial air tour operator shall have obtained the appropriate operating authority as required by the Administrator under part 119, 121, or 135 of title 14, Code of Federal Regulations, to conduct operations under this section.

   Inserted: "(6) Exemption for national parks with 50 or fewer flights each year.--

   Inserted: "(A) In general.--A national park that has 50 or fewer commercial air tour operations over the park each year shall be exempt from the requirements of this section, except as provided in subparagraph (B).

   Inserted: "(B) Withdrawal of exemption.--If the Director determines that an air tour management plan or voluntary agreement is necessary to protect park resources and values or park visitor use and enjoyment, the Director shall withdraw the exemption of a park under subparagraph (A).

   Inserted: "(C) List of parks.--The Director shall maintain a list each year of national parks that are covered by the exemption provided under this paragraph.

   Inserted: "(b) Air Tour Management Plans.--

   Inserted: "(1) Establishment.--

   Inserted: "(A) In general.--The Director, in consultation with the Administrator, shall establish an air tour management plan for any national park or tribal land for which such a plan is not in effect whenever a person applies for authority to conduct a commercial air tour operation over the park. The air tour management plan shall be developed by means of a public process in accordance with paragraph (4).

   Inserted: "(B) Objective.--The objective of any air tour management plan shall be to develop acceptable and effective measures to mitigate or prevent the significant adverse impacts, if any, of commercial air tour operations upon the natural and cultural resources, visitor experiences, and tribal lands.

   Inserted: "(C) Exception.--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.

   Inserted: "(2) Environmental determination.--In establishing an air tour management plan and issuing a permit for a commercial air tour operator under this section, the Director shall comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). Any environmental thresholds, analyses, impact determinations, and conditions prepared or used by the Director to establish an air tour management plan or issue a permit under this section shall have no broader application or be given deference beyond this section.

   Inserted: "(3) Contents.--An air tour management plan for a national park--

   Inserted: "(A) may prohibit commercial air tour operations over a national park in whole or in part;

   Inserted: "(B) may establish conditions for the conduct of commercial air tour operations over a national park, including commercial air tour routes, maximum or minimum altitudes, time-of-day restrictions, restrictions for particular events, maximum number of flights per unit of time, intrusions on privacy on tribal lands, and mitigation of noise, visual, or other impacts;

   Inserted: "(C) shall apply to all commercial air tour operations over a national park that are also within \1/2\ mile outside the boundary of a national park;

   Inserted: "(D) shall include incentives (such as preferred commercial air tour routes and altitudes, relief from caps and curfews) for the adoption of quiet aircraft technology by commercial air tour operators conducting commercial air tour operations over a national park when practicable;

   Inserted: "(E) shall provide for the initial allocation of opportunities to conduct commercial air tour operations over a national park if the plan includes a limitation on the number of commercial air tour operations for any time period;

   Inserted: "(F) may not have been found to have adverse effects on aviation safety or the management of the national airspace system by the Administrator; and

   Inserted: "(G) shall justify and document the need for measures taken pursuant to subparagraphs (A) through (F).

   Inserted: "(4) Procedure.--In establishing an air tour management plan for a national park or tribal lands, the Director shall--

   Inserted: "(A) hold at least one public meeting with interested parties to develop the air tour management plan;

   Inserted: "(B) publish a notice of availability of the proposed plan in the Federal Register for notice and comment and make copies of the proposed plan available to the public;

   Inserted: "(C) comply with the regulations set forth in parts 1500 through 1508 of title 40, Code of Federal Regulations;

   Inserted: "(D) solicit the participation of any Indian tribe whose tribal lands are, or may be, overflown by aircraft involved in a commercial air tour operation over the park or tribal lands to which the plan applies, as a cooperating agency under the regulations referred to in subparagraph (C); and

   Inserted: "(E) consult with the Administrator with respect to effects on aviation safety and the management of the national airspace system.

   Inserted: "(5) Judicial review.--An air tour management plan developed under this subsection shall be subject to judicial review pursuant to chapter 7 of title 5, United States Code.

   Inserted: "(6) Amendments and revocations.--The Director may make amendments to an air tour management plan and any permits issued pursuant to an air tour management plan, and may revoke permits. The Director shall consult with the Administrator to ensure that any such amendments or revocations will not adversely affect aviation safety or the management of the national airspace system. Any such amendments and revocations shall be published in the Federal Register for notice and comment. A request for amendment of an air tour management plan or permit shall be made in such form and manner as the Director may prescribe.

   Inserted: "(7) Voluntary agreements.--

   Inserted: "(A) In general.--As an alternative to an air tour management plan, the Director may enter into a voluntary agreement with a commercial air tour operator (including a new entrant commercial air tour operator and an operator that has an interim operating permit) that has applied to conduct commercial air tour operations over a national park to manage commercial air tour operations over such national park.

   Inserted: "(B) Park protection.--A voluntary agreement entered into under subparagraph (A) shall protect the national park resources, values, and visitor experience without compromising aviation safety or the management of the national airspace system and may--

   Inserted: "(i) include provisions such as those included in the content of an air tour management plan;

   Inserted: "(ii) include provisions to ensure the stability of, and compliance with, the voluntary agreement; and

   Inserted: "(iii) provide for fees for such operations.

   Inserted: "(C) Public review.--The Director shall provide an opportunity for public review of a proposed voluntary agreement under this paragraph and shall consult with any Indian tribe whose tribal lands are, or may be, flown over by a commercial air tour operator under a voluntary agreement under this paragraph. After such opportunity for public review and consultation, the voluntary agreement may be implemented without further administrative or environmental process beyond that described in this subsection.

   Inserted: "(D) Termination.--

   Inserted: "(i) In general.--A voluntary agreement under this paragraph may be terminated at any time at the discretion of--

   Inserted: "(I) the Director, if the Director determines that the agreement is not adequately protecting park resources or visitor experiences; or

   Inserted: "(II) the Administrator, if the Administrator determines that the agreement is adversely affecting aviation safety or the national airspace system.

   Inserted: "(ii) Effect of termination.--If a voluntary agreement with respect to a national park is terminated under this subparagraph, the operators shall conform to the requirements for an interim operating permit under subsection (c) until an air tour management plan for the park is in effect.

   Inserted: "(c) Interim Operating Authority.--

   Inserted: "(1) In general.--Interim operating authority granted by the Administrator under this subsection, as in effect on the day before the date of the enactment of the Moving Ahead for Progress in the 21st Century Act, shall, on and after such date of enactment, be known as an interim operating permit and be administered by the Director in accordance with the conditions of this subsection.

   Inserted: "(2) Requirements and limitations.--An interim operating permit--

   Inserted: "(A) shall maintain the same annual authorizations as provided for interim operating authority under this subsection, as in effect on the day before the date of the enactment of the Moving Ahead for Progress in the 21st Century Act; and

   Inserted: "(B) may not provide for an increase in the number of commercial air tour operations over a national park conducted during any time period by the commercial air tour operator above the number that the air tour operator was granted unless such an increase is approved by the Director in consultation with the Administrator;

   Inserted: "(C) may be revoked by the Director for cause;

   Inserted: "(D) shall terminate 180 days after the date on which an air tour management plan is established for the park or tribal lands;

   Inserted: "(E) shall promote protection of national park resources, visitor experiences, and tribal lands;

   Inserted: "(F) shall promote safe commercial air tour operations;

   Inserted: "(G) shall promote the adoption of quiet technology, as appropriate; and

   Inserted: "(H) may allow for modifications of the interim operating permit without further environmental review beyond that described in this subsection, if--

   Inserted: "(i) adequate information regarding the existing and proposed operations of the operator under the interim operating permit is provided to the Director;

   Inserted: "(ii) the Director agrees with the modification, based on the professional expertise of the Director regarding the protection of the resources, values, and visitor use and enjoyment of the park; and

   Inserted: "(iii) the Director receives advice in writing from the Administrator that there would be no adverse impact on aviation safety or the national airspace system.

   Inserted: "(3) Modifications and revocations.--Any modification or revocation of an interim operating permit shall be published in the Federal Register to provide notice and opportunity for comment.

   Inserted: "(4) New entrant air tour operators.--

   Inserted: "(A) In general.--The Director, in consultation with the Administrator, may grant an interim operating permit under this paragraph to an air tour operator for a national park or tribal lands for which that operator is a new entrant air tour operator without further environmental process beyond that described in this paragraph, if--

   Inserted: "(i) adequate information on the proposed operations of the operator is provided to the Director by the operator making the request;

   Inserted: "(ii) the Director agrees, based on the Director's professional expertise regarding the protection of park resources and values and visitor use and enjoyment; and

   Inserted: "(iii) the Director receives advice in writing from the Administrator that there would be no adverse impact on aviation safety or the national airspace system.

   Inserted: "(B) Safety limitation.--The Director may not grant an interim operating permit under subparagraph (A) if the Administrator determines that it would create a safety problem at the park or on the tribal lands, or the Director determines that it would create a noise problem at the park or on the tribal lands.

   Inserted: "(d) Commercial Air Tour Operator Reports.--

   Inserted: "(1) Report.--Each commercial air tour operator conducting a commercial air tour operation over a national park under an interim operating permit granted under subsection (c) or in accordance with an air tour management plan or voluntary agreement under subsection (b) shall submit to the Director a report regarding the number of commercial air tour operations over each national park that are conducted by the operator and such other information as the Director may request in order to facilitate administering the provisions of this section.

   Inserted: "(2) Report submission.--The Director shall issue a request for reports under this subsection. The reports shall be submitted to the Director with a frequency and in a format prescribed by the Director.

   Inserted: "(e) Collection of Fees From Air Tour Operations.--

   Inserted: "(1) In general.--The Director shall determine and assess a fee under paragraph (2) on a commercial air tour operator conducting commercial air tour operations over a national park, including the Grand Canyon National Park.

   Inserted: "(2) Amount of fee.--In determining the amount of the fee assessed under paragraph (1), the Director shall collect sufficient revenue, in the aggregate, to pay for the expenses incurred by the Federal Government to develop and enforce air tour management plans for national parks.

   Inserted: "(3) Effect of failure to pay fee.--The Director may assess a civil penalty against or revoke the interim operating permit or air tour permit, whichever is applicable, of a commercial air tour operator conducting commercial air tour operations over any national park, including the Grand Canyon National Park, that has not paid the fee assessed by the Director under paragraph (1) by the date that is 180 days after the date on which the Director determines the fee shall be paid.

   Inserted: "(4) Funding for air tour management plans.--The Director shall use the amounts collected to develop and enforce air tour management plans for the national parks the Director determines would most benefit from such a plan.

   Inserted: "(f) Civil Penalties.--

   Inserted: "(1) In general.--Any person who violates any provision of this section or any regulation or permit issued under this section may be assessed a civil penalty by the Director of not more than $25,000 for each such violation.

   Inserted: "(2) Knowing violations.--Any person who knowingly violates any provision of this section or any regulation or permit issued under this section may be assessed a civil penalty by the Director of not more than $50,000 for each violation.

   Inserted: "(3) Procedures.--A penalty may not be assessed under this subsection on a person unless the person is given notice and opportunity for a hearing with respect to the violation for which the penalty is assessed. Each violation of this section or a regulation or permit issued under this section shall be a separate offense. Any civil penalty assessed under this subsection may be remitted or mitigated by the Director. Upon any failure by a person to pay a penalty assessed under this subsection, the Director may request the Attorney General to institute a civil action in a district court of the United States for any district in which the person is found, resides, or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. The court shall hear such action on the record made before the Director and shall sustain his action if it is supported by substantial evidence on the record considered as a whole.

   Inserted: "(4) Administrative proceedings.--Hearings held during proceedings for the assessment of civil penalties under this subsection shall be conducted in accordance with section 554 of title 5, United States Code. The Director may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpoena served upon any person pursuant to this paragraph, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to the person, shall have jurisdiction to issue an order requiring the person to appear and give testimony before the Director or to appear and produce documents before the Director, or both, and any failure to obey the order of the court may be punished by such court as a contempt thereof.

   Inserted: "(g) Enforcement.--The provisions of this section and any regulations or permits issued under this section may be enforced by the Director or the Administrator, as appropriate. The Director may utilize by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency or any State agency for purposes of enforcing this section. The decisions of the Director under this subsection shall not have broader application or be given deference beyond this section. The Administrator shall retain enforcement authority over matters involving the safety and efficiency of the national airspace system.

   Inserted: "(h) Exemptions.--This section shall not apply to--

   Inserted: "(1) the Grand Canyon National Park; or

   Inserted: "(2) tribal lands within or abutting the Grand Canyon National Park.

   Inserted: "(i) Lake Mead.--This section shall not apply to any air tour operator while flying over or near the Lake Mead National Recreation Area, solely as a transportation route, to conduct an air tour over the Grand Canyon National Park. 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.

   Inserted: "(j) Severable Services Contracts for Periods Crossing Fiscal Years.--

   Inserted: "(1) In general.--For purposes of this section, the Director may enter into a contract for procurement of severable services for a period that begins during one fiscal year and ends in the next fiscal year if (without regard to any option to extend the period of the contract) the period of the contract does not exceed 1 year.

   Inserted: "(2) Obligation of funds.--Funds made available for a fiscal year may be obligated for the total amount of a contract entered into under the authority of paragraph (1).

   Inserted: "(k) Responsibilities and Authorities of Administrator.--

   Inserted: "(1) In general.--The Administrator shall advise the Director in writing of any adverse effects on aviation safety and or management of the national airspace system for any proposed action taken under this section.

   Inserted: "(2) Amendments to authorization for commercial air tour operators.--The Administrator, in consultation with the Director, may amend any authorization for a commercial air tour operator to include conditions set forth in any permit issued under this section or to address any adverse effect on aviation safety.

   Inserted: "(3) Rule of construction.--Nothing in this section shall be construed to limit or abrogate the Administrator's authority to ensure the safety and efficiency of the national airspace system.

   Inserted: "(l) Definitions.--In this section, the following definitions apply:

   Inserted: "(1) Commercial air tour operator.--The term 'commercial air tour operator' means any person who conducts a commercial air tour operation over a national park.

   Inserted: "(2) Existing commercial air tour operator.--The term 'existing commercial air tour operator' means a commercial air tour operator that was actively engaged in the business of providing commercial air tour operations over a national park at any time during the 12-month period ending on the date of the enactment of this section.

   Inserted: "(3) New entrant commercial air tour operator.--The term 'new entrant commercial air tour operator' means a commercial air tour operator that--

   Inserted: "(A) applies for an interim operating permit or air tour permit as a commercial air tour operator for a national park or tribal lands; and

   Inserted: "(B) has not engaged in the business of providing commercial air tour operations over the national park or tribal lands in the 12-month period preceding the application.

   Inserted: "(4) Commercial air tour operation over a national park.--

   Inserted: "(A) In general.--The term 'commercial air tour operation over a national park' means any flight, conducted for compensation or hire in a powered aircraft where a purpose of the flight is sightseeing over a national park, within \1/2\ mile outside the boundary of any national park (except the Grand Canyon National Park), or over tribal lands (except those within or abutting the Grand Canyon National Park), during which the aircraft flies--

   Inserted: "(i) below a minimum altitude, determined by the Administrator in cooperation with the Director, above ground level (except solely for purposes of takeoff or landing, or necessary for safe operation of an aircraft as determined under the rules and regulations of the Federal Aviation Administration requiring the pilot-in-command to take action to ensure the safe operation of the aircraft); or

   Inserted: "(ii) less than 1 mile laterally from any geographic feature within the park (unless more than \1/2\ mile outside the boundary).

   Inserted: "(B) Factors to consider.--In making a determination of whether a flight is a commercial air tour operation over a national park for purposes of this section, the Administrator may consider--

   Inserted: "(i) whether there was a holding out to the public of willingness to conduct a sightseeing flight for compensation or hire;

   Inserted: "(ii) whether a narrative that referred to areas or points of interest on the surface below the route of the flight was provided by the person offering the flight;

   Inserted: "(iii) the area of operation;

   Inserted: "(iv) the frequency of flights conducted by the person offering the flight;

   Inserted: "(v) the route of flight;

   Inserted: "(vi) the inclusion of sightseeing flights as part of any travel arrangement package offered by the person offering the flight;

   Inserted: "(vii) whether the flight would have been canceled based on poor visibility of the surface below the route of the flight; and

   Inserted: "(viii) any other factors that the Administrator and the Director consider appropriate.

   Inserted: "(5) National park.--The term 'national park' means any unit of the National Park System.

   Inserted: "(6) Tribal lands.--

   Inserted: "(A) In general.--The term 'tribal lands' means Indian country (as that term is defined in section 1151 of title 18) that is within or abutting a national park.

   Inserted: "(B) Abutting.--For purposes of subparagraph (A), the term 'abutting' means lands within \1/2\ mile outside the boundary of a national park.

   Inserted: "(7) Administrator.--The term 'Administrator' means the Administrator of the Federal Aviation Administration.

   Inserted: "(8) Director.--The term 'Director' means the Director of the National Park Service.

   Inserted: "(9) Air tour permit.--The term 'air tour permit' means a permit issued by the Director, in accordance with this section, to a commercial operator to conduct commercial air tour operations over a national park or tribal lands.".

   Inserted: (b) Amendments to National Parks Air Tour Management Act of 2000.--

   Inserted: (1) Advisory group.--Section 805 of the National Parks Air Tour Management Act of 2000 (49 U.S.C. 40128 note) is amended--

   Inserted: (A) by striking subsection (a) and inserting the following:

   Inserted: "(a) In General.--The Director of the National Park Service may retain the advisory group established pursuant to this section, as in effect on the day before the date of the enactment of the Moving Ahead for Progress in the 21st Century Act, to provide continuing advice and counsel with respect to commercial air tour operations over and near national parks.";

   Inserted: (B) in subsection (b)--

   Inserted: (i) in paragraph (1)(A)(iv), by inserting "or Native Hawaiians" after "Indian tribes"; and

   Inserted: (ii) by striking paragraph (3) and inserting the following:

   Inserted: "(3) Chairperson.--The representative of the National Park Service shall serve as chairperson of the advisory group."; and

   Inserted: (C) in subsection (d)(2), by striking "The Federal Aviation Administration and the National Park Service shall jointly" and inserting "The National Park Service shall".

   Inserted: (2) Reports.--Section 807 of the National Parks Air Tour Management Act of 2000 (49 U.S.C. 40128 note) is repealed.

   Inserted: (3) Methodologies used to assess air tour noise.--Section 808 of the National Parks Air Tour Management Act of 2000 (49 U.S.C. 40128 note) is amended by striking "a Federal agency" and inserting "the Director of the National Park Service".

   Original wording

   At the end, add the following:

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As printed