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1 1 (December 18, 2023)

handle is hein.crs/goventb0001 and id is 1 raw text is: Congressional Research Service Informing the Iegislative debate sinco 1914 December 18, 2023 National Park System: Air Tour Management Issues The statutory and regulatory framework for conducting air tours over units of the National Park System has been of ongoing interest to Congress. The National Parks Air Tour Management Act of 2000 (Air Tour Act; P.L. 106-181; 49 U.S.C. §40128) governs commercial air tours over most National Park System units as well as tribal lands within or abutting park units. The act requires the Federal Aviation Administration (FAA) and the National Park Service (NPS) to create air tour management plans (ATMPs) for sites at which operators apply to conduct commercial air tours, with some exceptions. Congress has conducted oversight and considered additional legislation on national park overflights and ATMPs. Some stakeholders seek to limit or prohibit commercial air tours over national park units owing to concerns about noise, resource protection, and safety; others advocate for additional opportunities and greater flexibility for air tour operators to support their livelihoods and contribute to local economies. Legisiatve Background Air tours over national park units have been regulated by a series of statutes. The National Parks Overflights Act of 1987 (P.L. 100-91) contained provisions for air tour management at several park units and required a broader NPS study of the effects of all park overflights. The study informed the 2000 Air Tour Act, which governs air tours over units of the National Park System outside Alaska, except Grand Canyon National Park. (Other laws and regulations address air tours at Grand Canyon National Park; see, for example, P.L. 112-141, §35001(a)(1).) The Air Tour Act generally directs FAA and NPS to create ATMPs covering National Park System units, as well as tribal lands within or abutting park units, where operators seek to conduct air tours. Each plan could prohibit or limit air tours, such as by route and altitude restrictions. The purpose of a plan is to mitigate or prevent any harm commercial air tours may cause to natural and cultural resources, visitor experiences, and tribal lands. Development of an ATMP requires environmental review under the National Environmental Policy Act (NEPA; 42 U.S.C. §§4321-4370f). The Air Tour Act also established the National Parks Overflights Advisory Group (NPOAG)-including federal officials, aviation industry representatives, air tour operators, environmental groups, and tribes-to advise the agencies on park air tours. Under the law and its implementing regulations, FAA received applications to conduct commercial air tours at more than 100 park units or adjacent tribal lands. FAA and NPS began developing ATMPs for about a dozen sites, but development proceeded more slowly than expected, and through 2021, no ATMPs were completed. Despite the delays, many existing air tour operations continued to run under interim operating authorities provided by the act. In 2012, Congress amended the Air Tour Act (P.L. 112-95, §501) to allow NPS and FAA, in lieu of an ATMP, to enter into voluntary agreements with individual air tour operators. Similar to ATMPs, voluntary agreements may address the conduct of air tours (e.g., routes, altitudes, timing restrictions) and provide incentives for quiet aircraft technology, among other conditions. After an opportunity for public review and consultation with any tribes whose lands may be flown over, a voluntary agreement may be implemented without further administrative or environmental process (P.L. 112-95, §501(c)). In 2015, 2016, and 2018, the agencies finalized voluntary agreements with some operators at Big Cypress National Preserve, Biscayne National Park, and Glen Canyon National Recreation Area. P.L. 112-95 also exempted park units with 50 or fewer annual air tour flights from the requirement to establish an ATMP or voluntary agreement. As of February 2023, the FAA reported that 54 park units with air tours are exempted from requirements to establish an ATMP or voluntary agreement because they have 50 or fewer annual flights. The number of exempted parks may change from year to year based on changes by operators in the number of air tours flown. The NPS Director also can withdraw an exemption in order to protect park resources and values or visitor use and enjoyment. Recent Developments A 2020 court order (In re Public Employees for Environmental Responsibility, 957 F.3d 267 (D.C. Cir. 2020)) required FAA and NPS to bring 23 eligible parks into compliance with the Air Tour Act within specified time frames. Under the court order, the agencies completed 12 ATMPs and several voluntary agreements with operators in 2022 and 2023, as shown in Table 1, below. The agencies have released draft ATMPs for several additional units- Haleakala National Park, Hawai'i Volcanoes National Park, Bandelier National Monument, and Canyon de Chelly National Monument-and are negotiating voluntary agreements at Lake Mead National Recreation Area. Issues and Legislation The recent ATMPs and voluntary agreements vary in their continuity with air tour activities under the interim operating authorities. At some units, the number of flights allowed under the new plans matches the annual average of flights in 2017-2019 under the interim authorities. This is the case for Bryce Canyon National Park (515 tours authorized annually in the ATMP based on 2017-2019 averages), Arches National Park (309 tours), and Great

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