I 118TH CONGRESS 1ST SESSION H. R. 2585 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 HOUSE OF REPRESENTATIVES APRIL 13, 2023 Mr. CASE (for himself and Ms. TOKUDA) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 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.— 8 VerDate Sep 11 2014 00:58 Apr 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2585.IH H2585 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2585 IH (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 VerDate Sep 11 2014 00:58 Apr 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2585.IH H2585 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2585 IH (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 VerDate Sep 11 2014 00:58 Apr 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H2585.IH H2585 kjohnson on DSK79L0C42PROD with BILLS