US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 49USC40128]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart i--general
 
                     CHAPTER 401--GENERAL PROVISIONS
 
Sec. 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, as defined by this section, 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 
        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.--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.

        (4) Special rule for safety requirements.--Notwithstanding 
    subsection (c), an existing commercial air tour operator shall 
    apply, not later than 90 days after the date of the enactment of 
    this section, for operating authority under part 119, 121, or 135 of 
    title 14, Code of Federal Regulations. A new entrant commercial air 
    tour operator shall apply for such authority before conducting 
    commercial air tour operations over a national park or tribal lands. 
    The Administrator shall make every effort to act on any such 
    application for a new entrant and issue a decision on the 
    application not later than 24 months after it is received or 
    amended.

    (b) Air Tour Management Plans.--
        (1) Establishment.--
            (A) In general.--The Administrator, in cooperation with the 
        Director, 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).
            (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.

        (2) Environmental determination.--In establishing an air tour 
    management plan under this subsection, the Administrator and the 
    Director shall each sign the environmental decision document 
    required by section 102 of the National Environmental Policy Act of 
    1969 (42 U.S.C. 4332) which may include a finding of no significant 
    impact, an environmental assessment, or an environmental impact 
    statement and the record of decision for the air tour management 
    plan.
        (3) Contents.--An air tour management plan for a national park--
            (A) may prohibit commercial air tour operations over a 
        national park in whole or in part;
            (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;
            (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;
            (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;
            (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; and
            (F) shall justify and document the need for measures taken 
        pursuant to subparagraphs (A) through (E) and include such 
        justifications in the record of decision.

        (4) Procedure.--In establishing an air tour management plan for 
    a national park or tribal lands, the Administrator and the Director 
    shall--
            (A) hold at least one public meeting with interested parties 
        to develop the air tour management plan;
            (B) publish the proposed plan in the Federal Register for 
        notice and comment and make copies of the proposed plan 
        available to the public;
            (C) comply with the regulations set forth in sections 1501.3 
        and 1501.5 through 1501.8 of title 40, Code of Federal 
        Regulations (for purposes of complying with the regulations, the 
        Federal Aviation Administration shall be the lead agency and the 
        National Park Service is a cooperating agency); and
            (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).

        (5) Judicial review.--An air tour management plan developed 
    under this subsection shall be subject to judicial review.
        (6) Amendments.--The Administrator, in cooperation with the 
    Director, may make amendments to an air tour management plan. Any 
    such amendments shall be published in the Federal Register for 
    notice and comment. A request for amendment of an air tour 
    management plan shall be made in such form and manner as the 
    Administrator may prescribe.

    (c) Interim Operating Authority.--
        (1) In general.--Upon application for operating authority, the 
    Administrator shall grant interim operating authority under this 
    subsection to a commercial air tour operator for commercial air tour 
    operations over a national park or tribal lands for which the 
    operator is an existing commercial air tour operator.
        (2) Requirements and limitations.--Interim operating authority 
    granted under this subsection--
            (A) shall provide annual authorization only for the greater 
        of--
                (i) the number of flights used by the operator to 
            provide the commercial air tour operations over a national 
            park within the 12-month period prior to the date of the 
            enactment of this section; or
                (ii) the average number of flights per 12-month period 
            used by the operator to provide such operations within the 
            36-month period prior to such date of enactment, and, for 
            seasonal operations, the number of flights so used during 
            the season or seasons covered by that 12-month period;

            (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 originally granted 
        unless such an increase is agreed to by the Administrator and 
        the Director;
            (C) shall be published in the Federal Register to provide 
        notice and opportunity for comment;
            (D) may be revoked by the Administrator for cause;
            (E) shall terminate 180 days after the date on which an air 
        tour management plan is established for the park or tribal 
        lands;
            (F) shall promote protection of national park resources, 
        visitor experiences, and tribal lands;
            (G) shall promote safe commercial air tour operations;
            (H) shall promote the adoption of quiet technology, as 
        appropriate; and
            (I) 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.

        (3) New entrant air tour operators.--
            (A) In general.--The Administrator, in cooperation with the 
        Director, may grant interim operating authority 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 
        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.
            (B) Safety limitation.--The Administrator may not grant 
        interim operating authority 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.
            (C) ATMP limitation.--The Administrator may grant interim 
        operating authority under subparagraph (A) of this paragraph 
        only if the air tour management plan for the park or tribal 
        lands to which the application relates has not been developed 
        within 24 months after the date of the enactment of this 
        section.

    (d) Exemptions.--This section shall not apply to--
        (1) the Grand Canyon National Park; or
        (2) tribal lands within or abutting the Grand Canyon National 
    Park.

    (e) 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.
    (f) Definitions.--In this section, the following definitions apply:
        (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.
        (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.
        (3) New entrant commercial air tour operator.--The term ``new 
    entrant commercial air tour operator'' means a commercial air tour 
    operator that--
            (A) applies for operating authority as a commercial air tour 
        operator for a national park or tribal lands; and
            (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.

        (4) Commercial air tour operation over a national park.--
            (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--
                (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
                (ii) less than 1 mile laterally from any geographic 
            feature within the park (unless more than \1/2\ mile outside 
            the boundary).

            (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--
                (i) whether there was a holding out to the public of 
            willingness to conduct a sightseeing flight for compensation 
            or hire;
                (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;
                (iii) the area of operation;
                (iv) the frequency of flights conducted by the person 
            offering the flight;
                (v) the route of flight;
                (vi) the inclusion of sightseeing flights as part of any 
            travel arrangement package offered by the person offering 
            the flight;
                (vii) whether the flight would have been canceled based 
            on poor visibility of the surface below the route of the 
            flight; and
                (viii) any other factors that the Administrator and the 
            Director consider appropriate.

        (5) National park.--The term ``national park'' means any unit of 
    the National Park System.
        (6) Tribal lands.--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.
        (7) Administrator.--The term ``Administrator'' means the 
    Administrator of the Federal Aviation Administration.
        (8) Director.--The term ``Director'' means the Director of the 
    National Park Service.

(Added Pub. L. 106-181, title VIII, Sec. 803(a), Apr. 5, 2000, 114 Stat. 
186; amended Pub. L. 108-176, title III, Sec. 323(a), Dec. 12, 2003, 117 
Stat. 2541.)

                       References in Text

    The date of the enactment of this section, referred to in subsecs. 
(a)(4), (c)(2)(A), (3)(C), and (f)(2), is the date of enactment of Pub. 
L. 106-181, which was approved Apr. 5, 2000.


                               Amendments

    2003--Subsec. (a)(1). Pub. L. 108-176, Sec. 323(a)(1), inserted ``, 
as defined by this section,'' after ``tribal lands'' in introductory 
provisions.
    Subsec. (b)(3)(A), (B). Pub. L. 108-176, Sec. 323(a)(2), inserted 
``over a national park'' after ``operations''.
    Subsec. (b)(3)(C). Pub. L. 108-176, Sec. 323(a)(3), inserted ``over 
a national park that are also'' after ``operations''.
    Subsec. (b)(3)(D). Pub. L. 108-176, Sec. 323(a)(4), substituted 
``over a national park'' for ``at the park''.
    Subsec. (b)(3)(E). Pub. L. 108-176, Sec. 323(a)(5), inserted ``over 
a national park'' before ``if the plan includes''.
    Subsec. (c)(2)(A)(i), (B). Pub. L. 108-176, Sec. 323(a)(6), inserted 
``over a national park'' after ``operations''.
    Subsec. (f)(1). Pub. L. 108-176, Sec. 323(a)(7), inserted ``over a 
national park'' after ``operation''.
    Subsec. (f)(4). Pub. L. 108-176, Sec. 323(a)(10), inserted ``over a 
national park'' after ``operation'' in heading.
    Subsec. (f)(4)(A). Pub. L. 108-176, Sec. 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). Pub. L. 108-176, Sec. 323(a)(9), inserted ``over 
a national park'' after ``operation'' in introductory provisions.


                    Effective Date of 2003 Amendment

    Amendment by Pub. L. 108-176 applicable only to fiscal years 
beginning after Sept. 30, 2003, except as otherwise specifically 
provided, see section 3 of Pub. L. 108-176, set out as a note under 
section 106 of this title.


                             Effective Date

    Section applicable only to fiscal years beginning after Sept. 30, 
1999, see section 3 of Pub. L. 106-181, set out as an Effective Date of 
2000 Amendments note under section 106 of this title.


  Quiet Technology Rulemaking for Air Tours Over Grand Canyon National 
                                  Park

    Pub. L. 108-176, title III, Sec. 323(b), 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 Management

    Pub. L. 106-181, title VIII, Apr. 5, 2000, 114 Stat. 185, as amended 
by Pub. L. 106-528, Sec. 8(b), Nov. 22, 2000, 114 Stat. 2522, 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.
    ``(a) In General.--[Enacted this section.]
    ``(b) 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 (16 U.S.C. 1a-1 note); 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.
    ``(b) 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 (16 U.S.C. 1a-1 note) 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], the Administrator [of the Federal 
Aviation Administration] and the Director of the National Park Service 
shall jointly establish an advisory group to provide continuing advice 
and counsel with respect to commercial air tour operations over and near 
national parks.
    ``(b) Membership.--
        ``(1) In general.--The advisory group shall be composed of--
            ``(A) a balanced group of--
                ``(i) representatives of general aviation;
                ``(ii) representatives of commercial air tour operators;
                ``(iii) representatives of environmental concerns; and
                ``(iv) representatives of Indian tribes;
            ``(B) a representative of the Federal Aviation 
        Administration; and
            ``(C) a representative of the National Park Service.
        ``(2) Ex officio members.--The Administrator (or the designee of 
    the Administrator) and the Director (or the designee of the 
    Director) shall serve as ex officio members.
        ``(3) Chairperson.--The representative of the Federal Aviation 
    Administration and the representative of the National Park Service 
    shall serve alternating 1-year terms as chairman of the advisory 
    group, with the representative of the Federal Aviation 
    Administration serving initially until the end of the calendar year 
    following the year in which the advisory group is first appointed.
    ``(c) Duties.--The advisory group shall provide advice, information, 
and recommendations to the Administrator and the Director--
        ``(1) on the implementation of this title and the amendments 
    made by this title;
        ``(2) on commonly accepted quiet aircraft technology for use in 
    commercial air tour operations over a national park or tribal lands, 
    which will receive preferential treatment in a given air tour 
    management plan;
        ``(3) on other measures that might be taken to accommodate the 
    interests of visitors to national parks; and
        ``(4) at the request of the Administrator and the Director, 
    safety, environmental, and other issues related to commercial air 
    tour operations over a national park or tribal lands.
    ``(d) Compensation; Support; FACA.--
        ``(1) Compensation and travel.--Members of the advisory group 
    who are not officers or employees of the United States, while 
    attending conferences or meetings of the group or otherwise engaged 
    in its business, or while serving away from their homes or regular 
    places of business, may be allowed travel expenses, including per 
    diem in lieu of subsistence, as authorized by section 5703 of title 
    5, United States Code, for persons in the Government service 
    employed intermittently.
        ``(2) Administrative support.--The Federal Aviation 
    Administration and the National Park Service shall jointly furnish 
    to the advisory group clerical and other assistance.
        ``(3) Nonapplication of faca.--Section 14 of the Federal 
    Advisory Committee Act (5 U.S.C. App.) does not apply to the 
    advisory group.
``SEC. 806. PROHIBITION OF COMMERCIAL AIR TOUR OPERATIONS OVER THE ROCKY 
        MOUNTAIN NATIONAL PARK.
    ``Effective beginning on the date of the enactment of this Act [Apr. 
5, 2000], no commercial air tour operation may be conducted in the 
airspace over the Rocky Mountain National Park notwithstanding any other 
provision of this Act or section 40128 of title 49, United States Code.
``SEC. 807. REPORTS.
    ``(a) Overflight Fee Report.--Not later than 180 days after the date 
of the enactment of this Act [Apr. 5, 2000], the Administrator [of the 
Federal Aviation Administration] shall transmit to Congress a report on 
the effects overflight fees are likely to have on the commercial air 
tour operation industry. The report shall include, but shall not be 
limited to--
        ``(1) the viability of a tax credit for the commercial air tour 
    operators equal to the amount of any overflight fees charged by the 
    National Park Service; and
        ``(2) the financial effects proposed offsets are likely to have 
    on Federal Aviation Administration budgets and appropriations.
    ``(b) Quiet Aircraft Technology Report.--Not later than 2 years 
after the date of the enactment of this Act, the Administrator and the 
Director of the National Park Service shall jointly transmit a report to 
Congress on the effectiveness of this title in providing incentives for 
the development and use of quiet aircraft technology.
``SEC. 808. METHODOLOGIES USED TO ASSESS AIR TOUR NOISE.
    ``Any methodology adopted by a Federal agency to assess air tour 
noise in any unit of the national park system (including the Grand 
Canyon and Alaska) shall be based on reasonable scientific methods.
``SEC. 809. ALASKA EXEMPTION.
    ``The provisions of this title and section 40128 of title 49, United 
States Code, as added by section 803(a), do not apply to any land or 
waters located in Alaska.''