Page:United States Statutes at Large Volume 114 Part 1.djvu/223

 PUBLIC LAW 106-181—APR. 5, 2000 114 STAT. 187 interested in providing commercial air tour operations over the park. In making a selection from among various proposals submitted, the Administrator, in cooperation with the Director, shall consider relevant factors, including— "(i) the safety record of the person submitting the proposal or pilots employed by the person; "(ii) any quiet aircraft technology proposed to be used by the person submitting the proposal; "(iii) the experience of the person submitting the proposal with commercial air tour operations over other national parks or scenic areas; "(iv) the financial capability of the person submitting the proposal; "(v) any training programs for pilots provided by the person submitting the proposal; and "(vi) responsiveness of the person submitting the proposal to any relevant criteria developed by the National Park Service for the affected park. "(C) NUMBER OF OPERATIONS AUTHORIZED. — In determining the number of authorizations to issue to provide commercial air tour operations over a national park, the Administrator, in cooperation with 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. "(D) COOPERATION WITH NPS. —Before granting an application under this paragraph, the Administrator, in cooperation with the Director, shall develop an air tour management plan in accordance with subsection (b) and implement such plan. " (E) TIME LIMIT ON RESPONSE TO ATMP APPLICATIONS.— Deadline. The Administrator 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. "(F) PRIORITY.—In acting on applications under this paragraph to provide commercial air tour operations over a national park, the Administrator 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. "(3) EXCEPTION. —Notwithstanding paragraph (1), 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— "(A) such activity is permitted under part 119 of such title; "(B) the operator secures a letter of agreement from the Administrator and the national park superintendent for that national park describing the conditions under which the operations will be conducted; and "(C) 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.

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