HR-6153-119
Referred to the Subcommittee on Aviation.
Sponsored by Robert Menendez (D-NJ)
What it does
The bill would amend 49 U.S.C. 40128(b)(7), which covers voluntary agreements for commercial air tours over national parks. In subparagraph (B), the well-being of communities overflown by the tour aircraft would join aviation safety and the air traffic control system as things a voluntary agreement may not adversely affect. In subparagraph (C), the bill would add "any community whose lands are, or may be" overflown to the existing reference to Indian tribes. The bill does not define "community" or "well-being."
Who benefits
Residents of communities under air tour flight paths near national parks, who may see more attention to noise and quality-of-life effects. Local governments and community groups, who would gain a statutory basis to be considered in voluntary agreements. Tribes overflown by tours, whose existing role would be joined by other communities rather than diluted by them.
Who is hurt
Commercial air tour operators, who may find voluntary agreements harder to reach or more restrictive. Park visitors who rely on air tours and might have fewer or altered options. The FAA and National Park Service, which may face added review burdens and uncertainty from undefined terms. Local tourism businesses that depend on air tour traffic could see reduced revenue.
Supporters argue
Supporters argue that overflight noise affects people who live below tour routes and that current law protects only aviation safety and air traffic control, and gives tribes a specific role, while leaving other residents out. They contend that adding communities to the statute makes agreements account for the people who bear the noise, without banning any tours.
Opponents argue
Opponents argue that "community" and "well-being" are undefined, so the standard could invite disputes and litigation that slow or block voluntary agreements. They contend that the FAA and Park Service already weigh noise and park impacts, and that the change could reduce air tour operations on which operators, workers and visitors depend.
Constitutional context
Congress regulates air commerce and navigable airspace under the Commerce Clause (Art. I, §8, cl. 3), and the bill raises no clear constitutional conflict. United States v. Causby (1946) recognized federal control of navigable airspace while allowing takings claims for low overflights that directly interfere with land use, but this bill adds no new compensation duty.
Checks and balances
The bill would modestly widen the factors the FAA and Park Service must weigh in approving voluntary agreements, with courts reviewing agency decisions and Congress retaining oversight through the Aviation Subcommittee.
Historical precedent
The National Parks Air Tour Management Act of 2000 created the framework for regulating park air tours, and later FAA reauthorizations amended it, including the voluntary agreement provisions this bill modifies.