What This Bill Does
This bill requires the Federal Aviation Administration (the federal agency that regulates air travel) to create a plan for managing air tour flights in Hawaii. The plan must cover areas of Hawaii that are not part of the National Park System. The Administrator must work with Hawaii's Governor to develop this plan.
Who It Affects
• The Federal Aviation Administration
• The Governor of Hawaii
• Air tour operators (companies that offer scenic flights) in Hawaii
• People living in or visiting Hawaii
Key Provisions
• The Federal Aviation Administration Administrator must establish an air tour management plan for Hawaii areas outside the National Park System within 2 years of this bill becoming law (Sec. 2(a)(1))
• The Administrator must reach an agreement with Hawaii's Governor about what goes in the plan, how to create and change it, and what each party must do to carry it out (Sec. 2(a)(2))
• While the plan is being developed, the Administrator can grant air tour operators temporary operating permission in Hawaii areas outside the National Park System (Sec. 2(b))
• The Administrative Procedure Act (a set of rules about how government agencies must operate) does not apply to creating this air tour management plan (Sec. 2(c))
What Changes
Air tour flights in Hawaii outside the National Park System will be governed by a new management plan created jointly by federal aviation regulators and Hawaii's Governor.
Important Definitions
• Air tour management plan: a plan that manages scenic airplane flights in certain areas
• National Park System: federally protected land areas
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 1093
To require the Administrator of the Federal Aviation Administration to estab-
lish an air tour management plan for certain areas of Hawaii, and
for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 30, 2023
Mr. SCHATZ (for himself and Ms. HIRONO) introduced the following bill; which
was read twice and referred to the Committee on Commerce, Science, and
Transportation
A BILL
To require the Administrator of the Federal Aviation Admin-
istration to establish an air tour management plan for
certain areas of Hawaii, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Hawaii Air Tour Man-
4
agement Act of 2023’’.
5
SEC. 2. AIR TOUR MANAGEMENT PLAN FOR CERTAIN
6
AREAS OF HAWAII.
7
(a) AIR TOUR MANAGEMENT PLAN.—
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2
•S 1093 IS
(1) IN
GENERAL.—Notwithstanding section
1
40128 of title 49, United States Code, subject to
2
paragraph (2), not later than 2 years after the date
3
of enactment of this section, the Administrator of
4
the Federal Aviation Administration, in consultation
5
with the Governor of Hawaii, shall establish an air
6
tour management plan for any area within the State
7
of Hawaii that is not located within the National
8
Park System.
9
(2) REQUIREMENTS.—The Administrator of the
10
Federal Aviation Administration shall enter into an
11
agreement with the Governor of Hawaii to establish
12
the contents of the plan required by paragraph (1),
13
the procedure for establishing such plan (including
14
with respect to any amendments to the plan), and
15
the responsibilities of each party to such agreement
16
in carrying out the plan.
17
(b) INTERIM AUTHORITY.—Until the date on which
18
the air tour management plan is established under sub-
19
section (a), the Administrator of the Federal Aviation Ad-
20
ministration may grant an air tour operator operating in
21
an area within the State of Hawaii that is not located
22
within the National Park System interim operating au-
23
thority for that area.
24
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3
•S 1093 IS
(c) NON-APPLICATION OF THE APA.—The provisions
1
of subchapter II of chapter 5, and chapter 7, of title 5,
2
United States Code (commonly known as the ‘‘Administra-
3
tive Procedure Act’’) shall not apply to the establishment
4
of an air tour management plan under this section.
5
Æ
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