National Park System: Air Tour Management Issues

National Park System: Air Tour Management Issues

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December 18, 2023
National Park System: Air Tour Management Issues
The statutory and regulatory framework for conducting air
delays, many existing air tour operations continued to run
tours over units of the National Park System has been of
under interim operating authorities provided by the act.
ongoing interest to Congress. The National Parks Air Tour
Management Act of 2000 (Air Tour Act; P.L. 106-181; 49
In 2012, Congress amended the Air Tour Act (P.L. 112-95,
U.S.C. §40128) governs commercial air tours over most
§501) to allow NPS and FAA, in lieu of an ATMP, to enter
National Park System units as well as tribal lands within or
into “voluntary agreements” with individual air tour
abutting park units. The act requires the Federal Aviation
operators. Similar to ATMPs, voluntary agreements may
Administration (FAA) and the National Park Service (NPS)
address the conduct of air tours (e.g., routes, altitudes,
to create air tour management plans (ATMPs) for sites at
timing restrictions) and provide incentives for quiet aircraft
which operators apply to conduct commercial air tours,
technology, among other conditions. After an opportunity
with some exceptions. Congress has conducted oversight
for public review and consultation with any tribes whose
and considered additional legislation on national park
lands may be flown over, a voluntary agreement may be
overflights and ATMPs. Some stakeholders seek to limit or
implemented “without further administrative or
prohibit commercial air tours over national park units
environmental process” (P.L. 112-95, §501(c)). In 2015,
owing to concerns about noise, resource protection, and
2016, and 2018, the agencies finalized voluntary
safety; others advocate for additional opportunities and
agreements with some operators at Big Cypress National
greater flexibility for air tour operators to support their
Preserve, Biscayne National Park, and Glen Canyon
livelihoods and contribute to local economies.
National Recreation Area.
Legislative Background
P.L. 112-95 also exempted park units with 50 or fewer
Air tours over national park units have been regulated by a
annual air tour flights from the requirement to establish an
series of statutes. The National Parks Overflights Act of
ATMP or voluntary agreement. As of February 2023, the
1987 (P.L. 100-91) contained provisions for air tour
FAA reported that 54 park units with air tours are exempted
management at several park units and required a broader
from requirements to establish an ATMP or voluntary
NPS study of the effects of all park overflights. The study
agreement because they have 50 or fewer annual flights.
informed the 2000 Air Tour Act, which governs air tours
The number of exempted parks may change from year to
over units of the National Park System outside Alaska,
year based on changes by operators in the number of air
except Grand Canyon National Park. (Other laws and
tours flown. The NPS Director also can withdraw an
regulations address air tours at Grand Canyon National
exemption in order to protect park resources and values or
Park; see, for example, P.L. 112-141, §35001(a)(1).)
visitor use and enjoyment.
The Air Tour Act generally directs FAA and NPS to create
Recent Developments
ATMPs covering National Park System units, as well as
A 2020 court order (In re Public Employees for
tribal lands within or abutting park units, where operators
Environmental Responsibility, 957 F.3d 267 (D.C. Cir.
seek to conduct air tours. Each plan could prohibit or limit
2020)) required FAA and NPS to bring 23 eligible parks
air tours, such as by route and altitude restrictions. The
into compliance with the Air Tour Act within specified time
purpose of a plan is to mitigate or prevent any harm
frames. Under the court order, the agencies completed 12
commercial air tours may cause to natural and cultural
ATMPs and several voluntary agreements with operators in
resources, visitor experiences, and tribal lands.
2022 and 2023, as shown in Table 1, below. The agencies
Development of an ATMP requires environmental review
have released draft ATMPs for several additional units—
under the National Environmental Policy Act (NEPA; 42
Haleakala National Park, Hawai’i Volcanoes National Park,
U.S.C. §§4321-4370f). The Air Tour Act also established
Bandelier National Monument, and Canyon de Chelly
the National Parks Overflights Advisory Group
National Monument—and are negotiating voluntary
(NPOAG)—including federal officials, aviation industry
agreements at Lake Mead National Recreation Area.
representatives, air tour operators, environmental groups,
and tribes—to advise the agencies on park air tours.
Issues and Legislation
The recent ATMPs and voluntary agreements vary in their
Under the law and its implementing regulations, FAA
continuity with air tour activities under the interim
received applications to conduct commercial air tours at
operating authorities. At some units, the number of flights
more than 100 park units or adjacent tribal lands. FAA and
allowed under the new plans matches the annual average of
NPS began developing ATMPs for about a dozen sites, but
flights in 2017-2019 under the interim authorities. This is
development proceeded more slowly than expected, and
the case for Bryce Canyon National Park (515 tours
through 2021, no ATMPs were completed. Despite the
authorized annually in the ATMP based on 2017-2019
averages), Arches National Park (309 tours), and Great
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Smoky Mountains National Park (946 tours), among others.
the number of park overflights and support the route,
However, at some units, the draft or final ATMPs reduce
altitude, and day-and-time restrictions included in many
the previous number of tours. For instance, the draft plan
ATMPs. They contend that air tour noise adversely affects
for Hawai’i Volcanoes National Park proposes to reduce air
visitors’ experience of tranquility and natural sounds in
tours from a 2017-2019 annual average of 11,376 tours to
parks, that noise and wind turbulence impact park wildlife,
1,565 tours annually. The final ATMPs prohibit air tours
and that air tours have disrupted tribal practices in and
entirely at Mt. Rushmore National Memorial (2017-2019
around parks, among other effects. Some stakeholders
annual average 3,914 tours) and Badlands National Park
express additional concerns about the contributions of
(2017-2019 annual average 1,425 tours).
aircraft to greenhouse gas emissions.
Air tour operators have opposed many of the new ATMPs.
The different viewpoints are reflected in 118th Congress
Operators assert that the plans were developed too quickly
legislation. Some bills propose additional restrictions on
and with insufficient input from the NPOAG and the air
park air tours. H.R. 2613 would amend the Air Tour Act to
tour industry generally. They contend that some plans have
require that voluntary agreements address the “wellbeing”
reduced flights unnecessarily, noting that even when the
of communities that fall under park air tour flight routes.
ATMP caps accord with 2017-2019 usage, often the caps
H.R. 1071 would prohibit all commercial air tours over
under the earlier interim operating authorities were higher
national park units as well as certain other areas. Other
than the numbers of flights actually conducted in those
proposals, by contrast, would reverse restrictions in the
years, so the ATMPs reduce the operators’ flexibility to
recent ATMPs and promote opportunities for park air tours.
increase tours. Air tour operators contend that their tours
House-passed H.R. 4821 (FY2024 Interior appropriations)
should be encouraged for their ability to improve access to
would prohibit use of funds to limit the number of air tours
parks (e.g., for disabled individuals) and avoid some
at national parks. House-passed H.R. 3935 (FAA
resource damages caused by ground-based tours. Operators
reauthorization) would amend the Air Tour Act to require
and others assert beneficial contributions to local and state
the agencies to consult with the NPOAG when preparing
economies from air tour operations.
ATMPs. A proposed amendment to that bill, which was not
adopted, would have prevented ATMPs from prohibiting air
Some other stakeholders, including some residents of areas
tours at a park and would have guaranteed continuance of
adjacent to national park units, support further reductions in
existing operations.
Table 1. National Park Units with Completed ATMPs or Voluntary Agreements
Park Unit
Type of Plan or Agreement
Year Completed
Arches National Park (UT)
ATMP
2022
Badlands National Park (SD)
ATMP
2023
Big Cypress National Preserve (FL)
Voluntary Agreements
2015
Biscayne National Park (FL)
Voluntary Agreements
2016
Bryce Canyon National Park (UT)
ATMP
2022
Canyonlands National Park (UT)
ATMP
2022
Death Valley National Park (CA, NV)
ATMP
2022
Glacier National Park (MT)
ATMP
2022
Glen Canyon National Recreation Area (AZ, UT) Voluntary Agreements
2023
Governors Island National Monument (NY)
Voluntary Agreements
2023
Great Smoky Mountains National Park (NC, TN)
ATMP
2022
Mount Rainier National Park (WA)
ATMP
2022
Mount Rushmore National Memorial (SD)
ATMP
2023
Natural Bridges National Monument (UT)
ATMP
2022
Olympic National Park (WA)
ATMP
2022
Rainbow Bridge National Monument (UT)
Voluntary Agreements
2023
San Francisco Bay Area parks (CA)a
ATMP
2023
Statue of Liberty National Monument (NY)
Voluntary Agreements
2023
Sources: FAA, “Air Tour Management Plan (ATMP),” at https://www.faa.gov/about/office_org/headquarters_offices/apl/aee/
air_tour_management_plan; NPS, “Air Tours,” at https://www.nps.gov/subjects/sound/airtours.htm; and NPS, “Air Tour Management
Program,” at https://www.nps.gov/subjects/sound/air-tours-program.htm.
Notes: ATMP = Air Tour Management Plan. Parks may have voluntary agreements with multiple operators.
a. The ATMP for the San Francisco Bay Area parks covers Golden Gate National Recreation Area, Muir Woods National Monument, San
Francisco Maritime National Historical Park, and Point Reyes National Seashore.
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National Park System: Air Tour Management Issues

IF12553
Laura B. Comay, Specialist in Natural Resources Policy

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