CNPSR Signs Joint Letter on Reauthorization of National Parks Air Tour Management Act of 2000

April 30, 2008

The Honorable Daniel Inouye
Chairman
Commerce, Science, and Transportation

The Honorable John D. Rockefeller IV
Chairman
Subcommittee on Aviation Operations,
Safety, and Security

The Honorable Ted Stevens
Vice Chair
Commerce, Science, and Transportation

The Honorable Kay Bailey Hutchison
Ranking Member
Subcommittee on Aviation Operations,
Safety, and Security

Dear Senator Inouye, Senator Stevens, Senator Rockefeller, and Senator Hutchinson:

We are concerned over the lack of progress in the implementation of the National Parks Air Tour Management Act (NPATMA) of 2000 and request that the FAA Reauthorization legislation be amended to clarify National Park Service (NPS) authority to protect park resources from inappropriate air tours.

The NPATMA, which was spearheaded by Senators McCain and Akaka, requires that the FAA and the NPS work together in developing and implementing air tour management plans for all national parks with authorized air tours (excluding those in Alaska, Rocky Mountain National Park, and Grand Canyon National Park). With this law, Congress intended that “the agencies work cooperatively to protect the resources and values of the national parks and the interests of all who visit and enjoy these national treasures today and in future generations.” (Senate Report 106-009)

Unfortunately, the agencies have been unable to finalize even one air tour management plan after more than eight years of deliberations because of the aversion of the FAA to acknowledge the authority of the National Park Service in making decisions regarding the significance of noise impacts on park resources and the visitor experience. This is despite oversight hearings held by Senator Akaka and the late Senator Thomas on this matter. As a result, some air tour operators continue to fly over sacred Native American and Hawaiian sites as well as popular viewing points. Due to a lack of planning and management, the opportunity for park visitors to hear wildlife and enjoy a tranquil park experience has been greatly diminished.

We believe that the Senate intended for the National Park Service to have the authority to protect national park resources from inappropriately conducted air tours and that the FAA has responsibility for ensuring airspace safety. According to Senate Report 106-009, the Committee “intends that the agencies work together to preserve quiet in the national parks… The Committee further intends that the FAA retains its role as the sole manager of America's airspace, and its responsibility to ensure a safe and efficient air transport system, and that the NPS retains its responsibility and authority to protect park resources and values, and visitor experiences. The NPS determines potential impacts to the park and visitor opportunities.”

Furthermore, since the National Park Service is mandated by the National Park Service Organic Act of 1916 to “promote and regulate the use of the Federal areas known as national parks,” and is recognized by the Council on Environmental Quality for its jurisdiction by law or special expertise to examine the “effects of noise on national park areas,” it seems clear that the National Park Service is the appropriate agency to determine the significance of noise impacts on the parks.

Finally, many of our groups have staff that have served and continue to serve on the National Parks Overflights Advisory Group (NPOAG), which is a stakeholder group established under the act. Though many of our groups have been providing advice, information, and recommendations to the agencies, it has proved ineffective in finalizing even one air tour management plan. From our experience, it has become apparent that the Air Tour Management Act needs to be amended by reaffirming the Senate report language that states that the National Park Service “determines potential impacts to the park and visitor opportunities” in bill language.

We thank you for your attention to this important issue as the FAA Reauthorization proceeds.

Sincerely,

Craig Obey
Vice President
National Parks Conservation Association

Kristen Brengel
Campaign Director
The Wilderness Society

Gregory Miller, Ph.D.
President
American Hiking Society

Bill Wade
President
Coalition of National Park Service Retirees

Athan Manuel
Public Lands Program Director
Sierra Club

Marla O'Byrne
President
Friends of Acadia

Adam Kolton
Sr. Director, Congressional and Federal Affairs
National Wildlife Federation

Charles Maynard
Former NPOAG Member

Roger Clark
Air & Energy Director
Grand Canyon Trust

Richard H. Payne, Ph.D.
President & CEO
American Birding Association

Mark Peterson, Ph.D.
Executive Director
Current NPOAG Member
Audubon Minnesota

Noah Matson
Vice President for Land Conservation
Defenders of Wildlife

CC:
Senator Jeff Bingaman
Senator Pete Domenici
Senator Daniel Akaka
Senator Richard Burr
Senator John McCain
Senator Lamar Alexander
Senator Maria Cantwell
Senator Barbara Boxer
Senator Olympia Snowe