§ 136.31 – Applicability.
(a) This part restates and paraphrases several sections of the National Parks Air Tour Management Act of 2000, including section 803 (codified at 49 U.S.C. 40128) and sections 806 and 809. This subpart clarifies the requirements for the development of an air tour management plan for each park in the national park system where commercial air tour operations are flown.
(b) Except as provided in paragraph (c) of this section, this subpart applies to each commercial air tour operator who conducts a commercial air tour operation over—
(1) A unit of the national park system;
(2) Tribal lands as defined in this subpart; or
(3) Any area within one-half mile outside the boundary of any unit of the national park system.
(c) This subpart does not apply to a commercial air tour operator conducting a commercial air tour operation—
(1) Over the Grand Canyon National Park;
(2) Over that portion of tribal lands within or abutting the Grand Canyon National Park;
(3) Over any land or waters located in the State of Alaska; or
(4) While flying over or near the Lake Mead Recreation Area, solely as a transportation route, to conduct a commercial air tour over the Grand Canyon National Park.