PUBLIC LAW 106-181—APR. 5, 2000 114 STAT. 191 " (3) NEW ENTRANT COMMERCIAL AIR TOUR OPERATOR.—The term 'new entrant commercial air tour operator' means a commercial air tour operator that— "(A) applies for operating authority as a commercial air tour operator for a national park or tribal lands; and "(B) has not engaged in the business of providing commercial air tour operations over the national park or tribal lands in the 12-month period preceding the application. "(4) COMMERCIAL AIR TOUR OPERATION. — "(A) IN GENERAL.—The term 'commercial air tour operation' means any flight, conducted for compensation or hire in a powered aircraft where a purpose of the flight is sightseeing over a national park, within V2 mile outside the boundary of any national park, or over tribal lands, during which the aircraft flies— "(i) below a minimum altitude, determined by the Administrator in cooperation with the Director, above ground level (except solely for purposes of takeoff" or landing, or necessary for safe operation of an aircraft as determined under the rules and regulations of the Federal Aviation Administration requiring the pilotin-command to take action to ensure the safe operation of the aircraft); or "(ii) less than 1 mile laterally from any geographic feature within the park (unless more than V2 mile outside the boundary). "(B) FACTORS TO CONSIDER. —In making a determination of whether a flight is a commercial air tour operation for purposes of this section, the Administrator may consider— "(i) whether there was a holding out to the public of willingness to conduct a sightseeing flight for compensation or hire; "(ii) whether a narrative that referred to areas or points of interest on the surface below the route of the flight was provided by the person offering the flight; "(iii) the area of operation; "(iv) the frequency of flights conducted by the person offering the flight; "(v) the route of flight; "(vi) the inclusion of sightseeing flights as part of any travel arrangement package offered by the person offering the flight; "(vii) whether the flight would have been canceled based on poor visibility of the surface below the route of the flight; and "(viii) any other factors that the Administrator and the Director consider appropriate. "(5) NATIONAL PARK. —The term 'national park' means any unit of the National Park System. "(6) TRIBAL LANDS.— The term 'tribal lands' means Indian country (as that term is defined in section 1151 of title 18) that is within or abutting a national park. "(7) ADMINISTRATOR.—The term 'Administrator' means the Administrator of the Federal Aviation Administration.
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