The Federal Aviation Administration (FAA) and U.S. Park Service will have the authority to establish regulatory controls over air tour operations at national parks under legislation adopted today by the Senate. The legislation, included as an amendment to the Air Transportation Improvement Act of 1999 (S. 82/H.R. 1000), requires the FAA, in cooperation with the National Park Service and with public input from stakeholders, including the air tour and environmental communities, to develop an air tour management plan (ATMP) for parks currently or potentially affected by air tour flights. U.S. Senator Daniel K. Akaka (D - Hawaii) worked with Senator John McCain (R-AZ) to develop the regulatory framework in the Senate bill for air tour operations at national parks, including Hawaii Volcanoes and Haleakala National Parks.
Title VI of the bill establishes a comprehensive regulatory framework for controlling air tour traffic in and near units of the National Park System. The legislation requires the Federal Aviation Administration, in cooperation with the National Park Service and with public input from stakeholders, to develop an air tour management plan (ATMP) for parks currently or potentially affected by air tour flights. Akaka is the architect of the ATMP concept.
Under the ATMP process, routes, altitudes, time restrictions, limitations on the number of flights, and other operating parameters could be prescribed in order to protect sensitive park resources as well as to enhance the safety of air tour operations. An ATMP could prohibit air tours at a park entirely, regulate air tours within half a mile outside the boundaries of a park, regulate air tour operations that impact tribal lands, and offer incentives for the adoption of quieter air technology. An ATMP would include an environmental determination, such as a finding of no significant impact, an environmental assessment, or environmental impact statement.
The legislation also creates an advisory group comprising representatives of the FAA, Park Service, the aviation industry, the environmental community, and tribes to provide advice, information, and recommendations on overflight issues. The advisory group provision was pushed by Akaka, who believes that a permanent forum at which industry and environmental representatives could discuss issues of concern would help develop trust between the often opposing groups and lead to mutually beneficial overflights policy.
"This measure will enhance the safety and efficiency of our air transportation system, upon which the island state of Hawaii is uniquely dependent. I am especially supportive of Title VI of the bill which addresses the issue of air tour operations at national parks." Senator Akaka said. "The legislation establishes a fair and rational mechanism through which environmental and aviation needs can be addressed in the context of the unique circumstances that exist at individual national parks, including Haleakala and Hawaii Volcanoes national parks.
"This procedural approach, in addition to requirements for meaningful public consultation and a mechanism for promoting dialogue among diverse stakeholders, mirrors key elements of legislation that I have promoted in the last three Congresses. The legislation also reflects the consensus recommendations of the National Parks Overflights Working Group, which represents the views of both the air tour industry and the parks advocacy community. I am pleased to have worked closely with Senator McCain over the last year to arrive at a plan that promotes aviation safety, enhances the viability of legitimate air tour operations, and protects national parks from the most egregious visual and noise intrusions by air tour helicopters and other aircraft.
"Air tourism has significantly increased in the last decade, nowhere more so than at high profile units such as Grand Canyon, Great Smoky Mountains, and Haleakala and Hawaii Volcanoes national parks. A 1994 Park Service study indicated that nearly a hundred parks experienced adverse park impacts, and that number has assuredly risen since then. Such growth has inevitably conflicted with the qualities and values of many park units, in some instances seriously.
For Haleakala and Hawaii Volcanoes National Parks in Hawaii, which experience some of the heaviest air tour traffic anywhere in the nation, the ATMP process will offer an opportunity to regulate air tour access to the parks consistent with the protection of the most sensitive areas of the respective parks.
"Air tour operators have a legitimate role in our national park system, and offer an important source of income for local economies, notably tourism-dependent areas such as Hawaii. Responsible operators provide safe, convenient, and often necessary access to the wonders of our national parks, especially for the handicapped and elderly. And they provide an important source of economic activity to local communities," Akaka noted. "However, unrestricted air tour operations can also pose a safety hazard to air and ground visitors alike. The tragic crash last week of an air tour aircraft on Mauna Loa illustrates the dangers inherent in air travel. It is therefore vital that we develop a clear, consistent national policy on this issue, one that equitably and rationally prioritizes the respective interests of the aviation and environmental communities."
The House of Representatives passed its version of the FAA reauthorization bill in June. A House-Senate conference will resolve differences between the two measures.
