PUBLIC LAW 106-181—APR. 5, 2000 114 STAT. 189 "(F) shall justify and document the need for measures taken pursuant to subparagraphs (A) through (E) and include such justifications in the record of decision. "(4) PROCEDURE.— In establishing an air tour management plan for a national park or tribal lands, the Administrator and the Director shall— "(A) hold at least one public meeting with interested parties to develop the air tour management plan; "(B) publish the proposed plan in the Federal Register for notice and comment and make copies of the proposed plan available to the public; "(C) comply with the regulations set forth in sections 1501.3 and 1501.5 through 1501.8 of title 40, Code of Federal Regulations (for purposes of complying with the regulations, the Federal Aviation Administration shall be the lead agency and the National Park Service is a cooperating agency); and "(D) solicit the participation of any Indian tribe whose tribal lands are, or may be, overflown by aircraft involved in a commercial air tour operation over the park or tribal lands to which the plan applies, as a cooperating agency under the regulations referred to in subparagraph (C). "(5) JUDICIAL REVIEW. — An air tour management plan developed under this subsection shall be subject to judicial review. "(6) AMENDMENTS. —The Administrator, in cooperation with the Director, may make amendments to an air tour management plan. Any such amendments shall be published in the Federal Register for notice and comment. A request for amendment of an air tour management plan shall be made in such form and manner as the Administrator may prescribe. "(c) INTERIM OPERATING AUTHORITY. — "(1) IN GENERAL.—Upon application for operating authority, the Administrator shall grant interim operating authority under this subsection to a commercial air tour operator for commercial air tour operations over a national park or tribal lands for which the operator is an existing commercial air tour operator. "(2) REQUIREMENTS AND LIMITATIONS. —Interim operating authority granted under this subsection— "(A) shall provide annual authorization only for the greater of— "(i) the number of flights used by the operator to provide the commercial air tour operations within the 12-month period prior to the date of the enactment of this section; or "(ii) the average number of flights per 12-month period used by the operator to provide such operations within the 36-month period prior to such date of enactment, and, for seasonal operations, the number of flights so used during the season or seasons covered by that 12-month period; "(B) may not provide for an increase in the number of commercial air tour operations conducted during any time period by the commercial air tour operator above the number that the air tour operator was originally Public information. Federal Register, publication. Native Americans. Federal Register, publication. 79-194O-00 -8:QL3Part1
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