New Regulations Limit Air Tours over U.S. National Parks and Monuments
ICARO Media Group
In a bid to preserve the tranquility of some of the country's most cherished natural spaces, new regulations are set to curtail the number of planes and helicopters flying tourists over national parks and monuments. The long-standing debate between tour operators and frustrated visitors over noise pollution has reached a tipping point with the implementation of stricter management plans across nearly two dozen national parks and monuments.
Mount Rushmore and Badlands National Park in South Dakota are among the locations where the most stringent regulations have been announced. Starting in April, tour flights will be essentially prohibited from approaching within a half-mile of these iconic sites, leaving operators like Mark Schlaefli of Black Hills Aerial Adventures concerned about the future of their businesses.
These regulations were prompted by a federal appeals court ruling three years ago, which found that the National Park Service and the Federal Aviation Administration had failed to enforce a 2000 law governing commercial air tours over parks and tribal lands. As a result, a schedule was established to formulate rules, and many of these regulations are now nearing completion.
However, the industry is contemplating legal action against these measures, and an environmental coalition has already filed a lawsuit challenging one of the plans. The heated debate has escalated to the point where a congressional oversight hearing is scheduled for Tuesday to address the issue.
Critics argue that the noise generated by helicopters and planes disrupts the natural experiences of both visitors and the tribes residing in the surrounding areas. Kristen Brengel of the National Parks Conservation Association lamented the imbalance, highlighting that the number of visitors on the ground far outweighs those flying overhead.
Bailey Wood, spokesman for the Helicopter Association International, described the air tours as "absolutely exhilarating" and a "thrilling experience." Sightseeing flights initially arose in the 1930s when helicopter pilots involved in constructing the Hoover Dam offered flyovers to their families, leading to a growing trend.
The pivotal moment for air tours occurred in 1986 when two tour aircraft collided over the Grand Canyon, resulting in 25 fatalities. Congress swiftly intervened, and the subsequent plan designated routes and minimum altitudes for flights over the canyon.
The year 2000 saw Congress passing additional legislation with the objective of establishing rules for air tours within other national parks. However, bureaucratic challenges and delays hindered full compliance.
In 2020, a federal court mandated compliance at 23 national parks, including popular destinations such as Glacier National Park in Montana and Arches National Park in Utah. The impact of the COVID-19 pandemic led to a decrease in air tours, with only 15,624 reported that year, a drop of approximately 30%, according to the National Park Service.
Most of the parks have now adopted plans or voluntary agreements, but their effectiveness has yet to be fully realized. Five parks are still in the process of finalizing their regulations, while certain parks with minimal flight activity or located in Alaska, where small planes are essential for transportation, have been exempted from developing plans.
Peter Jenkins, senior counsel for Public Employees for Environmental Responsibility, noted that the plans have generally been accommodating to the industry, allowing limited air tours around the parks. However, his group challenged a plan permitting approximately 2,500 flights over the Golden Gate National Recreation Area, citing an insufficient environmental study.
Recently, Mount Rushmore and the Badlands were the focus of new restrictions. Ray Jilek, owner of Eagle Aviation Inc., criticized what he deemed a "cease and desist plan." Andrew Busse of Black Hills Helicopter Inc. clarified that his tours already avoid flying directly over Mount Rushmore but expressed concerns about the impact on his business.
The plans aim to address the wishes of tribes residing in these areas. However, Shawn Bordeaux, Democratic state lawmaker in South Dakota and a member of the Rosebud Sioux tribe, stated that he has not received any complaints regarding air tours affecting tribal practices. He emphasized that the main issue lies in respecting sacred ceremonies, rather than tourism-related flights.
Similar strict limitations have been proposed for Bandelier National Monument in New Mexico, while Glacier National Park is gradually phasing out air tours by the end of 2029.
Critics argue that the rushed nature of the process may lead to some operators being forced to close their businesses. Nonetheless, Kristen Brengel of the National Parks Conservation Association dismissed the resistance, highlighting that an amendment seeking to consider the economic impact of commercial air tours over national parks failed to pass earlier this year.
The preservation of the pristine and undisturbed natural ambiance that draws millions of visitors to these parks each year remains at the forefront of the ongoing debate. As the regulations come into effect, it is hoped that a balance can be struck that respects both the needs of tourists and the serenity of these cherished natural areas.