Editorial Notes
References in TextThe 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 Puspan. L. 106–181, which was approved Apr. 5, 2000.
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 Puspan. L. 112–95, which was approved Fespan. 14, 2012.
Amendments2018—Subsec. (a)(3). Puspan. L. 115–254 substituted “under part 91 of title 14,” for “under part 91 of the title 14,”.
2012—Subsec. (a)(1)(C). Puspan. L. 112–95, § 501(a), inserted “or voluntary agreement under subsection (span)(7)” before “for the park”.
Subsec. (a)(5). Puspan. L. 112–95, § 501(span), added par. (5).
Subsec. (span)(1)(C). Puspan. 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.”
Puspan. L. 112–95, § 501(c)(1), added subpar. (C).
Subsec. (span)(7). Puspan. L. 112–95, § 501(c)(2), added par. (7).
Subsec. (c)(2)(I). Puspan. 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). Puspan. 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). Puspan. L. 112–95, § 501(e), added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively.
2005—Subsec. (e). Puspan. 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). Puspan. L. 108–176, § 323(a)(1), inserted “, as defined by this section,” after “tribal lands” in introductory provisions.
Subsec. (span)(3)(A), (B). Puspan. L. 108–176, § 323(a)(2), inserted “over a national park” after “operations”.
Subsec. (span)(3)(C). Puspan. L. 108–176, § 323(a)(3), inserted “over a national park that are also” after “operations”.
Subsec. (span)(3)(D). Puspan. L. 108–176, § 323(a)(4), substituted “over a national park” for “at the park”.
Subsec. (span)(3)(E). Puspan. L. 108–176, § 323(a)(5), inserted “over a national park” before “if the plan includes”.
Subsec. (c)(2)(A)(i), (B). Puspan. L. 108–176, § 323(a)(6), inserted “over a national park” after “operations”.
Subsec. (f)(1). Puspan. L. 108–176, § 323(a)(7), inserted “over a national park” after “operation”.
Subsec. (f)(4). Puspan. L. 108–176, § 323(a)(10), inserted “over a national park” after “operation” in span.
Subsec. (f)(4)(A). Puspan. 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). Puspan. L. 108–176, § 323(a)(9), inserted “over a national park” after “operation” in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 2003 AmendmentAmendment by Puspan. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Puspan. L. 108–176, set out as a note under section 106 of this title.
Effective DateSection applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Puspan. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
Overflights in Grand Canyon National ParkPuspan. L. 112–141, div. C, title V, § 35001, July 6, 2012, 126 Stat. 842, provided that:“(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(span)(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), (span) of Puspan. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways]. “(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 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)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 of the Park.
“(4)Day defined.—For purposes of this section, the term ‘day’ means the hours between 7:00 a.m. and 7:00 p.m.
“(span)Conversion to Quiet Technology Aircraft.—“(1)In general.—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)Conversion incentives.—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.”
Grand Canyon Overflight RulesPuspan. L. 109–115, div. A, title I, § 177, Nov. 30, 2005, 119 Stat. 2427, provided in part that: “Nothing in this provision [amending this section] shall allow exemption from overflight rules for the Grand Canyon.”
Quiet Technology Rulemaking for Air Tours Over Grand Canyon National ParkPuspan. L. 108–176, title III, § 323(span), Dec. 12, 2003, 117 Stat. 2541, provided that:“(1)Deadline for rule.—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 March 24, 2003.
“(2)Resolution of disputes.—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.”
National Parks Air Tour ManagementPuspan. L. 106–181, title VIII, Apr. 5, 2000, 114 Stat. 185, as amended by Puspan. L. 106–528, § 8(span), Nov. 22, 2000, 114 Stat. 2522; Puspan. L. 117–286, § 4(a)(312), Dec. 27, 2022, 136 Stat. 4340, provided that:“SEC. 801. SHORT TITLE.“This title may be cited as the ‘National Parks Air Tour Management Act of 2000’.
“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.“(span)Conforming Amendment.—[Amended analysis for chapter 401 of this title.]
“(c)Compliance With Other Regulations.—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)Quiet Technology Requirements.—Within 12 months after the date of the enactment of this Act [Apr. 5, 2000], the Administrator shall designate reasonably achievable requirements for fixed-wing and helicopter aircraft necessary for such aircraft to be considered as employing quiet aircraft technology for purposes of this section. If the Administrator determines that the Administrator will not be able to make such designation before the last day of such 12-month period, the Administrator shall transmit to Congress a report on the reasons for not meeting such time period and the expected date of such designation.
“(span)Routes or Corridors.—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,
provided that such routes or corridors can be located in areas that will not negatively impact the substantial restoration of natural quiet, tribal lands, or safety. “(c)Operational Caps.—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)Modification of Existing Aircraft To Meet Standards.—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 [Apr. 5, 2000] that meets the requirements designated under subsection (a), or is subsequently modified to meet the requirements designated under subsection (a), may be used for commercial air tour operations under the same terms and conditions as a replacement aircraft under subsection (c) without regard to whether it replaces an existing aircraft.
“(e)Mandate To Restore Natural Quiet.—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)Establishment.—Not later than 1 year after the date of the enactment of this Act [Apr. 5, 2000
Study To Determine Appropriate Minimum Altitude for Aircraft Flying Over National Park System UnitsPuspan. L. 100–91, Aug. 18, 1987, 101 Stat. 674, as amended by Puspan. L. 106–510, § 3(a)(2), (span)(2), Nov. 13, 2000, 114 Stat. 2363, provided that:“SECTION 1. STUDY OF PARK OVERFLIGHTS.“(a)Study by Park Service.—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.
“(span)General Requirements of Study.—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)Specific Requirements.—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)Report to Congress.—The Secretary shall submit a report to the Congress within 3 years after the enactment of this Act [Aug. 18, 1987] containing the results of the study carried out under this section. Such report shall also contain recommendations for legislative and regulatory action which could be taken regarding the information gathered pursuant to paragraphs (1) through (4) of subsection (c). Before submission to the Congress, the Secretary shall provide a draft of the report and recommendations to the Administrator for review. The Administrator shall review such report and recommendations and notify the Secretary of any adverse effects which the implementation of such recommendations would have on the safety of aircraft operations. The Administrator shall consult with the Secretary to resolve issues relating to such adverse effects. The final report shall include a finding by the Administrator that implementation of the recommendations of the Secretary will not have adverse effects on the safety of aircraft operations, or if the Administrator is unable to make such finding, a statement by the Administrator of the reasons he believes the Secretary’s recommendations will have an adverse effect on the safety of aircraft operations.
“(e)FAA Review of Rules.—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)Authorization.—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)Yosemite National Park.—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.
“(span)Haleakala̅ National Park.—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)Study and Review Periods.—For purposes of subsections (a) and (span), the study period shall be the period of the time after the date of enactment of this Act [Aug. 18, 1987] and prior to the submission of the report under section 1. The review period shall comprise a 2-year period for Congressional review after the submission of the report to Congress.
“(d)Exceptions.—The prohibitions contained in subsections (a) and (span) 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)Enforcement.—For purposes of enforcement, the prohibitions contained in subsections (a) and (span) shall be treated as requirements established pursuant to section 307 of the Federal Aviation Act of 1958 [see 49 U.S.C. 40103(span)]. 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 [Aug. 18, 1987]. “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.
“(span)Recommendations.—“(1)Submission.—Within 30 days after the enactment of this Act [Aug. 18, 1987], the Secretary shall submit to the Administrator recommendations regarding actions necessary for the protection of resources in the Grand Canyon from adverse impacts associated with aircraft overflights. The recommendations shall provide for substantial restoration of the natural quiet and experience of the park and protection of public health and safety from adverse effects associated with aircraft overflight. Except as provided in subsection (c), the recommendations shall contain provisions prohibiting the flight of aircraft below the rim of the Canyon, and shall designate flight free zones. Such zones shall be flight free except for purposes of administration and for emergency operations, including those required for the transportation of persons and supplies to and from Supai Village and the lands of the Havasupai Indian Tribe of Arizona. The Administrator, after consultation with the Secretary, shall define the rim of the Canyon in a manner consistent with the purposes of this paragraph.
“(2)Implementation.—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)Report.—Within 2 years after the effective date of the plan required by subsection (span)(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)Helicopter Flights of River Runners.—Subsection (span) 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.“The Administrator shall conduct surveillance of aircraft flights over the Boundary Waters Canoe Area Wilderness as authorized by the Act of October 21, 1978 (92 Stat. 1649–1659) for a period of not less than 180 days beginning within 60 days of enactment of this Act [Aug. 18, 1987]. In addition to any actions the Administrator may take as a result of such surveillance, he shall provide a report to the Committee on Interior and Insular Affairs and the Committee on Public Works and Transportation of the United States House of Representatives and to the Committee on Energy and Natural Resources and the Committee on Commerce, Science, and Transportation of the United States Senate. Such report is to be submitted within 30 days of completion of the surveillance activities. Such report shall include but not necessarily be limited to information on the type and frequency of aircraft using the airspace over the Boundary Waters Canoe Area Wilderness.
“SEC. 5. ASSESSMENT OF NATIONAL FOREST SYSTEM WILDERNESS OVERFLIGHTS.“(a)Assessment by Forest Service.—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.
“(span)Report to Congress.—The Chief shall submit a report to Congress within 2 years after enactment of this Act [Aug. 18, 1987] containing the results of the assessments carried out under this section.
“(c)Authorization.—Effective October 1, 1987, there are authorized to be appropriated such sums as may be necessary to carry out the assessment under this section.
“SEC. 6. CONSULTATION WITH FEDERAL AGENCIES.“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.”
