Page:United States Statutes at Large Volume 114 Part 1.djvu/222

 114 STAT. 186 PUBLIC LAW 106-181—APR. 5, 2000 49 USC 40128 note. 49 USC 40128 note. 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. (a) IN GENERAL.— Chapter 401 (as amended by section 706(a) of this Act) is further amended by adding at the end the following: "§ 40128. Overflights of national parks "(a) IN GENERAL.— "(1) GENERAL REQUIREMENTS.— A commercial air tour operator may not conduct commercial air tour operations over a national park or tribal lands except— "(A) in accordance with this section; "(B) in accordance with conditions and limitations prescribed for that operator by the Administrator; and "(C) in accordance with any applicable air tour management plan for the park or tribal lands. "(2) APPLICATION FOR OPERATING AUTHORITY. — "(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 Administrator for authority to conduct the operations over the park or tribal lands. " (B) COMPETITIVE BIDDING FOR LIMITED CAPACITY PARKS. —Whenever an air tour management plan limits the number of commercial air tour operations over a national park during a specified time frame, the Administrator, in cooperation with the Director, shall issue operation specifications to commercial air tour operators that conduct such operations. The operation specifications shall include such terms and conditions as the Administrator and the Director find necessary for management of commercial air tour operations over the park. The Administrator, in cooperation with the Director, shall develop an open competitive process for evaluating proposals from persons

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