49 U.S.C. § 40128 — Overflights of national parks

Page 1102 TITLE 49—TRANSPORTATION § 40128 ‘‘(5) contract service providers.’’ § 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, ex- cept— (A) in accordance with this section; (B) in accordance with conditions and lim- itations prescribed for that operator by the Administrator; and (C) in accordance with any applicable air tour management plan or voluntary agree- ment under subsection (b)(7) for the park or tribal lands. (2) APPLICATION FOR OPERATING AUTHORITY.— (A) APPLICATION REQUIRED.—Before com- mencing commercial air tour operations over a national park or tribal lands, a com- mercial 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 CA- PACITY PARKS.—Whenever an air tour man- agement plan limits the number of commer- cial air tour operations over a national park during a specified time frame, the Adminis- trator, in cooperation with the Director, shall issue operation specifications to com- mercial air tour operators that conduct such operations. The operation specifications shall include such terms and conditions as the Administrator and the Director find nec- essary for management of commercial air tour operations over the park. The Adminis- trator, in cooperation with the Director, shall develop an open competitive process for evaluating proposals from persons inter- ested in providing commercial air tour oper- ations over the park. In making a selection from among various proposals submitted, the Administrator, in cooperation with the Director, shall consider relevant factors, in- cluding— (i) the safety record of the person sub- mitting the proposal or pilots employed by the person; (ii) any quiet aircraft technology pro- posed to be used by the person submitting the proposal; (iii) the experience of the person submit- ting 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 pro- vided by the person submitting the pro- posal; and (vi) responsiveness of the person submit- ting 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 oper- ations over a national park, the Adminis- trator, in cooperation with the Director, shall take into consideration the provisions of the air tour management plan, the num- ber of existing commercial air tour opera- tors and current level of service and equip- ment provided by any such operators, and the financial viability of each commercial air tour operation. (D) COOPERATION WITH NPS.—Before grant- ing an application under this paragraph, the Administrator, in cooperation with the Di- rector, shall develop an air tour manage- ment plan in accordance with subsection (b) and implement such plan. (E) TIME LIMIT ON RESPONSE TO ATMP APPLI- CATIONS.—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 ap- plication under this paragraph in any case in which a new entrant commercial air tour op- erator is seeking operating authority with respect to that national park. (3) EXCEPTION.—Notwithstanding paragraph (1), commercial air tour operators may con- duct commercial air tour operations over a na- tional park under part 91 of 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 agree- ment from the Administrator and the na- tional 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 par- ticular park. (4) SPECIAL RULE FOR SAFETY REQUIRE- MENTS.—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 ap- plication not later than 24 months after it is received or amended. (5) EXEMPTION FOR NATIONAL PARKS WITH 50 OR FEWER FLIGHTS EACH YEAR.— (A) IN GENERAL.—Notwithstanding para- graph (1), a national park that has 50 or fewer commercial air tour operations over the park each year shall be exempt from the requirements of this section, except as pro- vided in subparagraph (B). (B) WITHDRAWAL OF EXEMPTION.—If the Di- rector determines that an air tour manage- ment plan or voluntary agreement is nec- essary to protect park resources and values Page 1103 TITLE 49—TRANSPORTATION § 40128 or park visitor use and enjoyment, the Di- rector shall withdraw the exemption of a park under subparagraph (A). (C) LIST OF PARKS.— (i) IN GENERAL.—The Director and Ad- ministrator shall jointly publish a list each year of national parks that are cov- ered by the exemption provided under this paragraph. (ii) NOTIFICATION OF WITHDRAWAL OF EX- EMPTION.—The Director shall inform the Administrator, in writing, of each deter- mination to withdraw an exemption under subparagraph (B). (D) ANNUAL REPORT.—A commercial air tour operator conducting commercial air tour operations over a national park that is exempt from the requirements of this sec- tion shall submit to the Administrator and the Director a report each year that includes the number of commercial air tour oper- ations the operator conducted during the preceding 1-year period over such park. (b) AIR TOUR MANAGEMENT PLANS.— (1) ESTABLISHMENT.— (A) IN GENERAL.—The Administrator, in cooperation with the Director, shall estab- lish an air tour management plan for any national park or tribal land for which such a plan is not in effect whenever a person ap- plies 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 miti- gate or prevent the significant adverse im- pacts, if any, of commercial air tour oper- ations upon the natural and cultural re- sources, visitor experiences, and tribal lands. (C) EXCEPTION.—An application to begin or expand commercial air tour operations at Crater Lake National Park or Great Smoky Mountains National Park may be denied without the establishment of an air tour management plan by the Director of the Na- tional Park Service if the Director deter- mines that such operations would adversely affect park resources or visitor experiences. (2) ENVIRONMENTAL DETERMINATION.—In es- tablishing an air tour management plan under this subsection, the Administrator and the Di- rector shall each sign the environmental deci- sion 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 assess- ment, 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 op- erations over a national park in whole or in part; (B) may establish conditions for the con- duct of commercial air tour operations over a national park, including commercial air tour routes, maximum or minimum alti- tudes, time-of-day restrictions, restrictions for particular events, maximum number of flights per unit of time, intrusions on pri- vacy 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 na- tional park; (D) shall include incentives (such as pre- ferred commercial air tour routes and alti- tudes, relief from caps and curfews) for the adoption of quiet aircraft technology by commercial air tour operators conducting commercial air tour operations over a na- tional 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 justifica- tions 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 Fed- eral 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); (D) solicit the participation of any Indian tribe whose tribal lands are, or may be, overflown by aircraft involved in a commer- cial air tour operation over the park or trib- al lands to which the plan applies, as a co- operating agency under the regulations re- ferred to in subparagraph (C); and (E) consult with the advisory group estab- lished under section 805 of the National Parks Air Tour Management Act of 2000 (49 U.S.C. 40128 note) and consider all advice, in- formation, and recommendations provided by the advisory group to the Administrator and the Director. (5) JUDICIAL REVIEW.—An air tour manage- ment plan developed under this subsection shall be subject to judicial review. (6) AMENDMENTS.—The Administrator, in co- operation 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 man- agement plan shall be made in such form and manner as the Administrator may prescribe. Page 1104 TITLE 49—TRANSPORTATION § 40128 (7) VOLUNTARY AGREEMENTS.— (A) IN GENERAL.—As an alternative to an air tour management plan, the Director and the Administrator may enter into a vol- untary agreement with a commercial air tour operator (including a new entrant com- mercial air tour operator and an operator that has interim operating authority) that has applied to conduct commercial air tour operations over a national park to manage commercial air tour operations over such national park. (B) PARK PROTECTION.—A voluntary agree- ment under this paragraph with respect to commercial air tour operations over a na- tional park shall address the management issues necessary to protect the resources of such park and visitor use of such park with- out compromising aviation safety or the air traffic control system and may— (i) include provisions such as those de- scribed in subparagraphs (B) through (E) of paragraph (3); (ii) include provisions to ensure the sta- bility of, and compliance with, the vol- untary agreement; and (iii) provide for fees for such operations. (C) PUBLIC REVIEW.—The Director and the Administrator shall provide an opportunity for public review of a proposed voluntary agreement under this paragraph and shall consult with any Indian tribe whose tribal lands are, or may be, flown over by a com- mercial air tour operator under a voluntary agreement under this paragraph. After such opportunity for public review and consulta- tion, the voluntary agreement may be im- plemented without further administrative or environmental process beyond that de- scribed in this subsection. (D) TERMINATION.— (i) IN GENERAL.—A voluntary agreement under this paragraph may be terminated at any time at the discretion of— (I) the Director, if the Director deter- mines that the agreement is not ade- quately protecting park resources or vis- itor experiences; or (II) the Administrator, if the Adminis- trator determines that the agreement is adversely affecting aviation safety or the national aviation system. (ii) EFFECT OF TERMINATION.—If a vol- untary agreement with respect to a na- tional park is terminated under this sub- paragraph, the operators shall conform to the requirements for interim operating au- thority under subsection (c) until an air tour management plan for the park is in effect. (c) INTERIM OPERATING AUTHORITY.— (1) IN GENERAL.—Upon application for oper- ating authority, the Administrator shall grant interim operating authority under this sub- section to a commercial air tour operator for commercial air tour operations over a na- tional park or tribal lands for which the oper- ator is an existing commercial air tour oper- ator. (2) REQUIREMENTS AND LIMITATIONS.—Interim operating authority granted under this sub- section— (A) shall provide annual authorization only for the greater of— (i) the number of flights used by the op- erator 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 pro- vide 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 sea- sons 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 oper- ator above the number that the air tour op- erator was originally granted unless such an increase is agreed to by the Administrator and the Director; (C) shall be published in the Federal Reg- ister 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 es- tablished for the park or tribal lands; (F) shall promote protection of national park resources, visitor experiences, and trib- al lands; (G) shall promote safe commercial air tour operations; (H) shall promote the adoption of quiet technology, as appropriate; and (I) may allow for modifications of the in- terim operating authority without further environmental review beyond that described in this subsection, if— (i) adequate information regarding the existing and proposed operations of the op- erator under the interim operating author- ity is provided to the Administrator and the Director; (ii) the Administrator determines that there would be no adverse impact on avia- tion safety or the air traffic control sys- tem; and (iii) the Director agrees with the modi- fication, based on the professional exper- tise of the Director regarding the protec- tion of the resources, values, and visitor use and enjoyment of the park. (3) NEW ENTRANT AIR TOUR OPERATORS.— (A) IN GENERAL.—The Administrator, in cooperation with the Director, may grant in- terim operating authority under this para- graph to an air tour operator for a national park or tribal lands for which that operator is a new entrant air tour operator without further environmental process beyond that described in this paragraph, if— (i) adequate information on the proposed operations of the operator is provided to the Administrator and the Director by the operator making the request; Page 1105 TITLE 49—TRANSPORTATION § 40128 (ii) the Administrator agrees that there would be no adverse impact on aviation safety or the air traffic control system; and (iii) the Director agrees, based on the Di- rector’s professional expertise regarding the protection of park resources and val- ues and visitor use and enjoyment. (B) SAFETY LIMITATION.—The Adminis- trator may not grant interim operating au- thority under subparagraph (A) if the Ad- ministrator 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) COMMERCIAL AIR TOUR OPERATOR RE- PORTS.— (1) REPORT.—Each commercial air tour oper- ator conducting a commercial air tour oper- ation over a national park under interim oper- ating authority granted under subsection (c) or in accordance with an air tour management plan or voluntary agreement under subsection (b) shall submit to the Administrator and the Director a report regarding the number of commercial air tour operations over each na- tional park that are conducted by the operator and such other information as the Adminis- trator and Director may request in order to fa- cilitate administering the provisions of this section. (2) REPORT SUBMISSION.—Not later than 90 days after the date of enactment of the FAA Modernization and Reform Act of 2012, the Ad- ministrator and the Director shall jointly issue an initial request for reports under this subsection. The reports shall be submitted to the Administrator and the Director with a fre- quency and in a format prescribed by the Ad- ministrator and the Director. (e) 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. (f) 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. For purposes of this subsection, an air tour oper- ator 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. (g) 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 OPER- ATOR.—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 op- erations over a national park at any time dur- ing the 12-month period ending on the date of the enactment of this section. (3) NEW ENTRANT COMMERCIAL AIR TOUR OPER- ATOR.—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 pro- viding 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 compensa- tion 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, deter- mined by the Administrator in coopera- tion 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-com- mand to take action to ensure the safe op- eration 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 de- termination of whether a flight is a commer- cial air tour operation over a national park for purposes of this section, the Adminis- trator 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 Adminis- trator and the Director consider appro- priate. Page 1106 TITLE 49—TRANSPORTATION § 40128 (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 ‘‘Adminis- trator’’ means the Administrator of the Fed- eral Aviation Administration. (8) DIRECTOR.—The term ‘‘Director’’ means the Director of the National Park Service. (Added Pub. L. 106–181, title VIII, § 803(a), Apr. 5, 2000, 114 Stat. 186; amended Pub. L. 108–176, title III, § 323(a), Dec. 12, 2003, 117 Stat. 2541; Pub. L. 109–115, div. A, title I, § 177, Nov. 30, 2005, 119 Stat. 2427; Pub. L. 112–95, title V, § 501, Feb. 14, 2012, 126 Stat. 100; Pub. L. 112–141, div. C, title V, § 35002, July 6, 2012, 126 Stat. 843; Pub. L. 115–254, div. B, title V, § 539(c), Oct. 5, 2018, 132 Stat. 3370; Pub. L. 118–63, title VI, § 628, May 16, 2024, 138 Stat. 1243.) Editorial Notes REFERENCES IN TEXT The 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 Pub. L. 106–181, which was approved Apr. 5, 2000. Section 805 of the National Parks Air Tour Manage- ment Act of 2000, referred to in subsec. (b)(4)(E), is sec- tion 805 of title VIII of Pub. L. 106–181, which is set out in a note below. 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 Pub. L. 112–95, which was approved Feb. 14, 2012. AMENDMENTS 2024—Subsec. (b)(4)(E). Pub. L. 118–63 added subpar. (E). 2018—Subsec. (a)(3). Pub. L. 115–254 substituted ‘‘under part 91 of title 14,’’ for ‘‘under part 91 of the title 14,’’. 2012—Subsec. (a)(1)(C). Pub. L. 112–95, § 501(a), inserted ‘‘or voluntary agreement under subsection (b)(7)’’ be- fore ‘‘for the park’’. Subsec. (a)(5). Pub. L. 112–95, § 501(b), added par. (5). Subsec. (b)(1)(C). Pub. L. 112–141 amended subpar. (C) generally. Prior to amendment, text read as follows: ‘‘An application to begin commercial air tour oper- ations 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 ad- versely affect park resources or visitor experiences.’’ Pub. L. 112–95, § 501(c)(1), added subpar. (C). Subsec. (b)(7). Pub. L. 112–95, § 501(c)(2), added par. (7). Subsec. (c)(2)(I). Pub. L. 112–95, § 501(d)(1), added sub- par. (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 modi- fication improves protection of national park resources and values and of tribal lands.’’ Subsec. (c)(3)(A). Pub. L. 112–95, § 501(d)(2), substituted ‘‘without further environmental process beyond that described in this paragraph, if—’’ for ‘‘if the Adminis- trator determines the authority is necessary to ensure competition in the provision of commercial air tour op- erations over the park or tribal lands.’’ and added cls. (i) to (iii). Subsecs. (d) to (g). Pub. L. 112–95, § 501(e), added sub- sec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively. 2005—Subsec. (e). Pub. 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 Recre- ation Area en route to the Grand Canyon National Park shall be deemed to be flying solely as a transpor- tation route.’’ 2003—Subsec. (a)(1). Pub. L. 108–176, § 323(a)(1), in- serted ‘‘, as defined by this section,’’ after ‘‘tribal lands’’ in introductory provisions. Subsec. (b)(3)(A), (B). Pub. L. 108–176, § 323(a)(2), in- serted ‘‘over a national park’’ after ‘‘operations’’. Subsec. (b)(3)(C). Pub. L. 108–176, § 323(a)(3), inserted ‘‘over a national park that are also’’ after ‘‘oper- ations’’. Subsec. (b)(3)(D). Pub. L. 108–176, § 323(a)(4), sub- stituted ‘‘over a national park’’ for ‘‘at the park’’. Subsec. (b)(3)(E). Pub. L. 108–176, § 323(a)(5), inserted ‘‘over a national park’’ before ‘‘if the plan includes’’. Subsec. (c)(2)(A)(i), (B). Pub. L. 108–176, § 323(a)(6), in- serted ‘‘over a national park’’ after ‘‘operations’’. Subsec. (f)(1). Pub. L. 108–176, § 323(a)(7), inserted ‘‘over a national park’’ after ‘‘operation’’. Subsec. (f)(4). Pub. L. 108–176, § 323(a)(10), inserted ‘‘OVER A NATIONAL PARK’’ after ‘‘OPERATION’’ in heading. Subsec. (f)(4)(A). Pub. L. 108–176, § 323(a)(8), in intro- ductory 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 with- in or abutting the Grand Canyon National Park),’’ for ‘‘park, or over tribal lands,’’. Subsec. (f)(4)(B). Pub. L. 108–176, § 323(a)(9), inserted ‘‘over a national park’’ after ‘‘operation’’ in introduc- tory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–176 applicable only to fis- cal years beginning after Sept. 30, 2003, except as other- wise 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. OVERFLIGHTS IN GRAND CANYON NATIONAL PARK Pub. 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 provi- sion of law, for purposes of section 3(b)(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 oper- ations 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), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, High- ways]. ‘‘(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 ‘Sec- retary’) shall use— Page 1107 TITLE 49—TRANSPORTATION § 40128 ‘‘(i) the 2-zone system for the Park in effect on the date of enactment of this Act to assess im- pacts relating to substantial restoration of nat- ural quiet at the Park, including— ‘‘(I) the thresholds for noticeability and audi- bility; 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 com- mercial 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 contin- ued 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. ‘‘(b) 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 deter- mined 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 Sec- retary and the Administrator of the Federal Aviation Administration shall provide incentives for commer- cial 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 en- actment of this Act) before the date specified in para- graph (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] Man- agement 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 RULES Pub. L. 109–115, div. A, title I, § 177, Nov. 30, 2005, 119 Stat. 2427, provided in part that: ‘‘Nothing in this pro- vision [amending this section] shall allow exemption from overflight rules for the Grand Canyon.’’ QUIET TECHNOLOGY RULEMAKING FOR AIR TOURS OVER GRAND CANYON NATIONAL PARK Pub. L. 108–176, title III, § 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 Rule- making 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 de- termines that a dispute among interested parties (in- cluding 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 tech- nology routes, establishment of incentives to encour- age adoption of such routes, establishment of incen- tives 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 resolu- tion.’’ NATIONAL PARKS AIR TOUR MANAGEMENT Pub. L. 106–181, title VIII, Apr. 5, 2000, 114 Stat. 185, as amended by Pub. L. 106–528, § 8(b), Nov. 22, 2000, 114 Stat. 2522; Pub. 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 envi- ronment by minimizing, mitigating, or preventing the adverse effects of aircraft overflights on public and tribal lands; ‘‘(3) the National Park Service has the responsi- bility of conserving the scenery and natural and his- toric 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 fu- ture generations; ‘‘(4) the protection of tribal lands from aircraft overflights is consistent with protecting the public health and welfare and is essential to the mainte- nance 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 pur- poses of section 40128 of title 49, United States Code— ‘‘(1) regulations issued by the Secretary of Trans- portation 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 regula- tions, shall be deemed to meet the requirements of such sec- tion 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 reason- ably achievable requirements for fixed-wing and heli- copter aircraft necessary for such aircraft to be consid- ered as employing quiet aircraft technology for pur- poses 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, Page 1108 TITLE 49—TRANSPORTATION § 40128 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 sec- tion 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 Can- yon 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 oper- ations by any fixed-wing or helicopter aircraft that em- ploys quiet aircraft technology and that replaces an ex- isting 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 des- ignated under subsection (a), or is subsequently modi- fied to meet the requirements designated under sub- section (a), may be used for commercial air tour oper- ations under the same terms and conditions as a re- placement 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 Sec- retary 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 Ad- ministrator 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 Ad- ministrator [of the Federal Aviation Administration] and the Director of the National Park Service shall jointly establish an advisory group to provide con- tinuing 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 com- posed of— ‘‘(A) a balanced group of— ‘‘(i) representatives of general aviation; ‘‘(ii) representatives of commercial air tour op- erators; ‘‘(iii) representatives of environmental con- cerns; and ‘‘(iv) representatives of Indian tribes; ‘‘(B) a representative of the Federal Aviation Ad- ministration; and ‘‘(C) a representative of the National Park Serv- ice. ‘‘(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 offi- cio members. ‘‘(3) CHAIRPERSON.—The representative of the Fed- eral 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 Adminis- tration 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 ad- vice, information, and recommendations to the Admin- istrator and the Director— ‘‘(1) on the implementation of this title and the amendments made by this title; ‘‘(2) on commonly accepted quiet aircraft tech- nology for use in commercial air tour operations over a national park or tribal lands, which will receive preferential treatment in a given air tour manage- ment plan; ‘‘(3) on other measures that might be taken to ac- commodate the interests of visitors to national parks; and ‘‘(4) at the request of the Administrator and the Di- rector, safety, environmental, and other issues re- lated to commercial air tour operations over a na- tional park or tribal lands. ‘‘(d) COMPENSATION; SUPPORT; CHAPTER 10 OF TITLE 5, UNITED STATES CODE.— ‘‘(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 ex- penses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service em- ployed intermittently. ‘‘(2) ADMINISTRATIVE SUPPORT.—The Federal Avia- tion Administration and the National Park Service shall jointly furnish to the advisory group clerical and other assistance. ‘‘(3) NONAPPLICATION OF CHAPTER 10 OF TITLE 5, UNITED STATES CODE.—Section 1013 of title 5, United States Code, does not apply to the advisory group. ‘‘SEC. 806. PROHIBITION OF COMMERCIAL AIR TOUR OPERATIONS OVER THE ROCKY MOUN- TAIN 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 Ad- ministration] 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 over- flight 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 Na- tional 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. Page 1109 TITLE 49—TRANSPORTATION § 40128 ‘‘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.’’ STUDY TO DETERMINE APPROPRIATE MINIMUM ALTI- TUDE FOR AIRCRAFT FLYING OVER NATIONAL PARK SYSTEM UNITS Pub. L. 100–91, Aug. 18, 1987, 101 Stat. 674, as amended by Pub. L. 106–510, § 3(a)(2), (b)(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 Serv- ice, shall conduct a study to determine the proper min- imum 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 car- rying out the study. ‘‘(b) 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 over- flight 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, Hawai‘i Volcanoes National Park, Haleakala¯ National Park, Glacier Na- tional Park, and Mount Rushmore National Memorial, and at no less than four additional units of the Na- tional Park System, excluding all National Park Sys- tem 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-climb- ers, and boaters; ‘‘(2) the impairment of visitor enjoyment associ- ated 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 prop- erty, search and rescue operations and firefighting. Such research shall evaluate the impact of overflights by both fixed-wing aircraft and helicopters. The re- search 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 sub- mit a report to the Congress within 3 years after the enactment of this Act [Aug. 18, 1987] containing the re- sults of the study carried out under this section. Such report shall also contain recommendations for legisla- tive and regulatory action which could be taken re- garding the information gathered pursuant to para- graphs (1) through (4) of subsection (c). Before submis- sion to the Congress, the Secretary shall provide a draft of the report and recommendations to the Admin- istrator for review. The Administrator shall review such report and recommendations and notify the Sec- retary 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 rec- ommendations of the Secretary will not have adverse effects on the safety of aircraft operations, or if the Ad- ministrator is unable to make such finding, a state- ment 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 Sys- tem at which research is conducted under subsection (c) and over any other such units at which such a re- view 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 ap- propriated such sums as may be necessary to carry out the studies and review under this section. ‘‘SEC. 2. FLIGHTS OVER YOSEMITE AND HALEAKALA¯ DURING STUDY AND REVIEW. ‘‘(a) YOSEMITE NATIONAL PARK.—During the study and review periods provided in subsection (c), it shall be un- lawful 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 ‘sur- face’ 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. ‘‘(b) HALEAKALA¯ 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 Haleakala¯ 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 (b), the study period shall be the pe- riod 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 submis- sion of the report to Congress. ‘‘(d) EXCEPTIONS.—The prohibitions contained in sub- sections (a) and (b) shall not apply to any of the fol- lowing: ‘‘(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 re- quired 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 (b) shall be treated as requirements established pursuant to sec- tion 307 of the Federal Aviation Act of 1958 [see 49 U.S.C. 40103(b)]. To provide information to pilots re- garding the restrictions established under this Act, the Administrator shall provide public notice of such re- strictions in appropriate Federal Aviation Administra- tion publications as soon as practicable after the enact- ment of this Act [Aug. 18, 1987]. Page 1110 TITLE 49—TRANSPORTATION § 40129 ‘‘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 re- garding public safety, including concerns regarding the safety of park users. ‘‘(b) RECOMMENDATIONS.— ‘‘(1) SUBMISSION.—Within 30 days after the enact- ment of this Act [Aug. 18, 1987], the Secretary shall submit to the Administrator recommendations re- garding actions necessary for the protection of re- sources in the Grand Canyon from adverse impacts associated with aircraft overflights. The rec- ommendations shall provide for substantial restora- tion of the natural quiet and experience of the park and protection of public health and safety from ad- verse effects associated with aircraft overflight. Ex- cept as provided in subsection (c), the recommenda- tions 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 In- dian Tribe of Arizona. The Administrator, after con- sultation 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 Ad- ministrator 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 Admin- istrator determines that implementing the rec- ommendations would adversely affect aviation safe- ty, 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 require- ments of paragraph (1) to eliminate the adverse ef- fects on aviation safety and issue regulations imple- menting the revised recommendations in the plan. In addition to the Administrator’s authority to imple- ment 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 ap- propriate. ‘‘(3) REPORT.—Within 2 years after the effective date of the plan required by subsection (b)(2), the Sec- retary shall submit to the Congress a report dis- cussing— ‘‘(A) whether the plan has succeeded in substan- tially restoring the natural quiet in the park; and ‘‘(B) such other matters, including possible revi- sions in the plan, as may be of interest. The report shall include comments by the Adminis- trator regarding the effect of the plan’s implementa- tion on aircraft safety. ‘‘(c) HELICOPTER FLIGHTS OF RIVER RUNNERS.—Sub- section (b) 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 WIL- DERNESS. ‘‘The Administrator shall conduct surveillance of air- craft flights over the Boundary Waters Canoe Area Wil- derness as authorized by the Act of October 21, 1978 (92 Stat. 1649–1659) for a period of not less than 180 days be- ginning 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 pro- vide a report to the Committee on Interior and Insular Affairs and the Committee on Public Works and Trans- portation of the United States House of Representa- tives and to the Committee on Energy and Natural Re- sources and the Committee on Commerce, Science, and Transportation of the United States Senate. Such re- port 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 SYS- TEM 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 as- sociated with overflights of National Forest System wilderness areas. The Administrator of the Federal Aviation Administration shall provide technical assist- ance 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. ‘‘(b) 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 as- sessments 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 sec- tion. ‘‘SEC. 6. CONSULTATION WITH FEDERAL AGEN- CIES. ‘‘In conducting the study and the assessment re- quired 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.’’ § 40129. Collaborative decisionmaking pilot pro- gram (a) ESTABLISHMENT.—Not later than 90 days after the date of enactment of this section, the Administrator of the Federal Aviation Adminis- tration shall establish a collaborative decision- making pilot program in accordance with this section. (b) DURATION.—Except as provided in sub- section (k), the pilot program shall be in effect for a period of 2 years. (c) GUIDELINES.— (1) ISSUANCE.—The Administrator, with the concurrence of the Attorney General, shall issue guidelines concerning the pilot program. Such guidelines, at a minimum, shall— (A) define a capacity reduction event; (B) establish the criteria and process for determining when a capacity reduction event exists that warrants the use of col- laborative decisionmaking among carriers at airports participating in the pilot program; and (C) prescribe the methods of communica- tion to be implemented among carriers dur- ing such an event.