A law enacted in 2000 that was, until recently, never fully implemented is coming back to haunt U.S. air tour operators and could force many out of business. The law is imposing significant restrictions on air tours and could deny helicopters access to airspace that is supposed to be available to all users, a unique feature of the U.S. aviation infrastructure.
The National Park Air Tour Management Act of 2000 was signed into law on April 5, 2000. The act was eventually codified into FAA regulations with the publication of Part 136 in 2007. This set of rules applies to any commercial air tour operation flying over a unit of the national park system, tribal lands (as defined in this regulation), and any area within a half mile outside the boundary of the national park. A specific requirement of the act was that operators must apply to the FAA for authority to conduct tours in those areas, and the FAA and National Park Service (NPS) work together to establish air tour management plans (ATMPs) for those operations.
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