September 23, 1998 CONGRESSIONAL RECORD — SENATE S10825 within 10 days or less of the actual vio- Mr. GRAMS. Thank you, and I again WENDELL H. FORD NATIONAL AIR lation. In fact, the median time lapse thank the Senator from Hawaii for al- TRANSPORTATION SYSTEM IM- between the violation and the emer- lowing me to make a brief statement. PROVEMENT ACT OF 1998 gency order was a little over 4 months. f The Senate continued with the con- That is 132 days, Mr. President. I sug- sideration of the bill. gest to you, how can that be considered TRIBUTE TO MURIEL HUMPHREY Mr. AKAKA. Mr. President, I support an emergency if nothing happened BROWN S. 2279, the Wendell H. Ford National until 132 days after the alleged viola- Mr. GRAMS. Mr. President, I rise Air Transportation System Improve- tion? ment Act of 1998. This measure will en- I think clearly at issue is what con- today to pay tribute to Muriel Hum- phrey Brown, who was the widow of the hance the safety and efficiency of our stitutes an emergency. Simply defined, air transportation system, upon which an emergency is ‘‘an unexpected situa- late Senator and Vice President Hubert the island state of Hawaii is uniquely tion or sudden occurrence of a serious Humphrey and known to many dependent. I am pleased that this and urgent nature that demands imme- throughout my state as Minnesota’s weighty legislation is named for the diate action.’’ Yet, as discussed above, ‘‘First Lady.’’ departing senior senator from Ken- the ‘‘urgent nature’’ of the revocation Mrs. Humphrey Brown passed away which ‘‘demands immediate action’’ on Sunday at the age of 86. Throughout tucky, whose contributions to aviation has more often than not occurred sev- her life, she remained steadfast in her are legion. I am especially supportive eral months previously. dedication to family and her interest in of Title VII of the bill which addresses There are far too many cases where politics. In her last public appearance, the issue of air tour operations at na- the FAA unfairly uses this necessary just 5 days before her death, she was on tional parks. Mr. President, Title VII of S. 2279 es- power to prematurely revoke certifi- hand to congratulate her son, Skip tablishes a comprehensive regulatory cates when the circumstances do not Humphrey, for winning the Minnesota framework for controlling air tour support such drastic action. DFL gubernatorial primary. traffic in and near units of the Na- Mr. President, I have other cases Many of my colleagues knew her, re- tional Park System. The legislation re- that I could drag out here and talk spected her, and join me in offering our about, such as the case of Bob Hoover. quires the Federal Aviation Adminis- heartfelt condolences to her husband, tration, in cooperation with the Na- I have had the privilege of flying in Max Brown, her sons Hubert, Doug and airshows with Bob Hoover for over 30 tional Park Service and with public Bob, her daughter Nancy, and the en- input from stakeholders, to develop an years. Bob Hoover—probably if you tire Humphrey family. were to ask anyone in the aviation air tour management plan (ATMP) for Muriel Humphrey Brown was born on parks currently or potentially affected community who the best pilot in Amer- February 20, 1912, in Huron, SD. After ica is, they would probably say Bob by air tour flights. marrying Hubert Humphrey, she be- Hoover. Yet he was the victim of the Under the ATMP process, routes, al- came a devoted mother and enthu- emergency revocation. We had to go to titudes, time restrictions, limitations siastically took on the role of a polit- bat for him, and we had literally thou- on the number of flights, and other op- ical wife. sands of letters from all over America erating parameters could be prescribed coming to the aid of Bob Hoover be- She played an active part in her hus- in order to protect sensitive park re- cause everybody knew there is nothing band’s numerous campaigns. After Hu- sources as well as to enhance the safe- wrong and nothing of an emergency na- bert’s death in 1978, Muriel was ap- ty of air tour operations. An ATMP ture to the revocation of his ability to pointed to his Senate seat, the same could prohibit air tours at a park en- fly. Senate seat that I am proud to hold tirely, regulate air tours within half a So, Mr. President, I feel that this today. By finishing out her late-hus- mile outside the boundaries of a park, being the No. 1 concern and issue of band’s term, Muriel Humphrey Brown regulate air tour operations that im- general aviation today—it is a sense of became Minnesota’s first and only fe- pact tribal lands, and offer incentives fairness issue, something that has male U.S. Senator and just the 12th for the adoption of quieter air tech- worked very well in the case of civil woman to serve in the U.S. Senate. In nology. An ATMP would include an en- penalties—it is one that I feel should fact, she was the only woman serving vironmental determination. be changed in the FAA regulations. in the Senate at that time. S. 2279 also creates an advisory group Mr. President, I yield the floor. In carrying out her husband’s Senate comprising representatives of the FAA, Mr. GRAMS addressed the Chair. term, Muriel Humphrey Brown was an Park Service, the aviation industry, The PRESIDING OFFICER. The Sen- inspiration to women throughout Min- the environmental community, and ator from Minnesota. nesota as she accepted the call to pub- tribes to provide advice, information, Mr. GRAMS. Mr. President, I ask lic service even in her time of great and recommendations on overflight unanimous consent I be allowed to personal loss. Rather than being known issues. speak as in morning business for up to simply as the wife of the most popular As embodied in the ATMP process, 5 minutes. politician in Minnesota, Muriel left her this bill treats overflights issues on a The PRESIDING OFFICER. Is there own mark on those issues of public pol- park-by-park basis. Rather than a one- objection? icy about which she felt so strongly. size-fits-all approach, the legislation Mr. FORD. Mr. President, I do not Her calm and gentle manner did not mean to end this, but we are getting to establishes a fair and rational mecha- mute her passionate voice on behalf of nism through which environmental and the point where we have amendments social programs, labor issues, and the up. And apparently no one wants to aviation needs can be addressed in the mentally disabled. She once described context of the unique circumstances vote tonight, but we would like to get her term in the Senate as, ‘‘the most our amendments up. And Senator that exist at individual national parks. challenging thing I have ever done in I am pleased that this procedural ap- AKAKA has remarks as it relates to the my whole life.’’ In 1979, she married legislation itself. I do not want to pre- proach, in addition to requirements for Max Brown and lived the rest of her vent—— meaningful public consultation and a Mr. GRAMS. This will be very brief. life out of the political spotlight. Her mechanism for promoting dialogue Mr. FORD. Fine. devotion to family and public service is among diverse stakeholders, mirrors Mr. GRAMS. I thank the Senator truly an inspiration to all Minneso- key elements of legislation—the Na- from Hawaii. I did talk to him and ask tans, and I am proud to say that her tional Parks Airspace Management if it was all right. legacy will remain. It is a special honor Act, cosponsored by my colleagues Mr. FORD. We are trying to move for me to hold the Senate seat she once Senator INOUYE and Senator FRIST— this legislation forward. And I did not held, in the Chamber where she served that I have promoted in the last three want to cut the Senator from Okla- with such grace, dignity, and honor. Congresses. homa off either. Thank you very much, Mr. President. Mr. President, adoption of this bill is The PRESIDING OFFICER. Without I yield the floor. essential if we are to address effec- objection, the Senator from Minnesota The PRESIDING OFFICER. The Sen- tively the detrimental impacts of air is recognized as in morning business. ator from Hawaii. tour activities on the National Park

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A formulate an overflights bill that pro- courage and skill, I have grown to ap- 1994 Park Service study indicated that motes aviation safety, enhances the vi- preciate him even more. nearly a hundred parks experienced ad- ability of legitimate air tour oper- Associated with that kind of piloting verse park impacts, and that number ations, and protects national parks skills is his dedication to aviation and has assuredly risen since then. Such from the most egregious visual and his tenacity associated with this issue growth has inevitably conflicted with noise intrusions by air tour helicopters specifically. I don’t agree with the the qualities and values of many park and other aircraft. Left unchecked, air amendment of the Senator, but I do be- units, in some instances seriously. tour activities can undermine the very lieve and I am convinced we can work While air tour operators often pro- qualities and resources that give value out something which will be agreeable, vide important emergency services, en- to a park; these must be protected. I because the Senator from Oklahoma hance park access for special popu- believe that the pending measure rea- does identify a problem. I don’t agree lations (e.g., the handicapped and el- sonably and prudently balances these with the Senator from Oklahoma that derly), and offer an important source of sometimes opposing considerations, it is as big a problem, but when some- income for local economies, notably and urge my colleagues to support this one like Mr. Hoover, who he just de- tourism-dependent areas such as Ha- legislation. scribed, is subjected to what he was waii, unregulated overflights have the That concludes my remarks, Mr. subjected to, then there is a problem. potential to harm park ecologies, dis- President. Before closing, however, I But I am just not convinced that the tress wildlife, and impair visitor enjoy- would like to recognize the staff of the remedy that the Senator from Okla- ment of the park experience. Unre- Commerce Committee—including John homa is prescribing is the proper rem- stricted air tour operations can also Raidt, Mike Reynolds, Charles Cham- edy. He certainly, in a very articulate pose a safety hazard to air and ground bers, Sam Whitehorn, and Ann fashion, describes the problem we need visitors alike. Choiniere—for their hard work in put- to work together and address. The FAA uses its emergency author- It is therefore vital that we develop a ting this legislation together. Ann ity only as a remedial measure when a clear, consistent national policy on Choiniere especially deserves mention certificate holder lacks the necessary this issue, one that equitably and ra- for her day-to-day management of this qualifications to hold the certificate, tionally prioritizes the respective in- issue. I would also like to recognize and the continued exercise of the privi- terests of the aviation and environ- former members of my own staff, Kerry leges of the certificate would be con- mental communities. Congress and the Taylor, Bob Weir, and Steve Opperman, trary to public safety in air commerce Administration have struggled to de- who made important contributions to or air transportation. All emergency velop such a policy since enactment of this issue. Steve in particular has suspensions are premised on a reason- the National Parks Overflights Act of served as an expert resource whose able suspicion as to the certificate 1987, Congress’s initial, but limited at- tireless, and largely unheralded con- holder’s qualifications. tempt to address the overflights issue. tributions have shaped the overflights FAA policy since approximately 1990 S. 2279 will finish where the 1987 Act debate in a major way. has generally been that an emergency left off, providing the FAA and Park I yield the floor. exists in which a certificate holder Mr. McCAIN. Before my dear friend Service with the policy guidance and lacks the technical qualifications, or from Hawaii leaves the floor, let me procedural mechanisms that are essen- the care, judgment, or responsibility to thank him for his kind words. As al- tial to balancing the needs of air tour hold an FAA certificate, and remains operators against the imperative to ways, he is too modest. For many years in a position to use the certificated preserve and protect our natural re- now he and I have worked together on skills. In such cases, the FAA has rea- sources. this issue. His dedication to the protec- soned that it intolerably threatens air Mr. President, the overflights provi- tion and preservation of Haleakala’s safety to permit pilots, aircraft me- sions of this bill are the product of and Hawaii’s volcanoes is notable. It is chanics, or air carriers, for example, to good faith efforts on the part of many noteworthy and it is in keeping with operate or repair aircraft when the groups and individuals. They include: his incredible dedication, passion and FAA has reasonably concluded that members of the National Parks Over- efforts on behalf of his Native Hawai- they do not possess the qualifications flights Working Group, whose con- ians, as well as all citizens of his most necessary to perform those functions. sensus recommendations form the beautiful State. If it is clear that a certificate holder underpinnings of this legislation; rep- I thank the Senator from Hawaii for will be unable to exercise the privileges resentatives of air tour and environ- his kind remarks. of the certificate, the FAA will not in- Mr. FORD. I associate myself with mental advocacy organizations such as voke an emergency suspension. Helicopter Association International the remarks of the distinguished chair- An emergency order is effective im- and the National Parks and Conserva- man, and thank my friend from Hawaii mediately upon issue, rather than tion Association; and, officials of the for his kind remarks about me person- being stayed pending conclusion of the FAA and Park Service, notably Park ally. It seems that more of these re- adjudicative process. An expedited ad- Ranger Wes Henry, the Park Service’s marks are coming as the days near the judication process is initiated since the long-serving point man on overflights, end, and maybe I won’t want the days certificate holder immediately loses who has served as the agency’s institu- to end, but I do thank my friend from his or her privileges. The FAA respects tional memory and conscience on this Hawaii very much. the privilege of holding a certificate, issue. AMENDMENT NO. 3620 but must ensure as its primary mission However, Title VII is above all the Mr. MCCAIN. Mr. President, I want the highest standards of aviation safe- product of the energy and vision of to go back to the amendment of the ty. Retaining authority to take imme- Senator JOHN MCCAIN. As the author of Senator from Oklahoma. I admire the diate action in emergency situations is the 1987 National Parks Overflights tenacity and commitment to aviation integral to the FAA’s ability to carry Act, Senator MCCAIN was the first to of the Senator. Also, I have had the out this mission. recognize the adverse impacts of air privilege of personally experiencing his While S. 842 would not limit the tours on national parks, and the first piloting skills while being with him in FAA’s ability to immediately revoke a to call for a national policy to address the great State of Oklahoma. Although certificate, it would complicate the this problem. Since then, he has em- I must admit that my willingness to process of appealing such an order by ployed his moral authority and legisla- ride in an airplane with him while he providing new avenues of appeal in ad- tive acumen impel progress on this was at the controls had more to do dition to those already existing. Cur- subject. For his leadership in writing with my conviction that because of my rently, a person subject to an emer- this bill and for his long advocacy of colorful history associated with avia- gency revocation order may appeal the

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But in all cases, the percent- choose to do this and even fewer pre- talking about safety to be very, very, age that Senator MCCAIN represented— vail. very serious about the recommenda- 2 percent or 1 percent—and then only 3 This amendment changes this proce- tions of those agencies that we entrust percent, from 1990 to 1997, of its en- dure for challenging the emergency na- with those responsibilities. forcement cases have they revoked cer- ture of a suspension. Rather than ap- Obviously, the NTSB is one of those. tificates. So I think it indicates that pealing to the Court of Appeals, the As the Senator from Kentucky will at- there is a concern on the part of FAA emergency nature of the revocation test, we have had the NTSB before our that they not do anything irrational, could be appealed to the NTSB. Under committees on many occasions—not but that they look at the cases thor- the amendment, the NTSB would have just aviation, but many others. They oughly and then make a judgment as it 5 days to decide whether it was really are comprised of very outstanding, relates to emergency authority only. an emergency. If the person does not knowledgeable people. Mr. Hall, in par- So I hope that the Senator from prevail before the NTSB, he or she ticular, has impressed us a great deal. Oklahoma will give us an opportunity would then be able to appeal to the I understand the Senator from Okla- to sit down and work with him. I hate U.S. Court of Appeals under the same homa will want a recorded vote. I want to be in opposition to all the amend- circumstances as currently exist. This to assure him that if he doesn’t prevail ments that are brought, but this is one risks placing substantial strain on lim- on this vote, I want to work with him that I will have to be opposed to and ited agency resources by creating a because he has cited serious examples would encourage my colleagues to vote right to appeal to the NTSB, when of abuse of power—or certainly injus- against if the Senator insists that we there is no demonstrable need for such tice, if not abuse of power. The Senator go on. change. from Oklahoma deserves, as those peo- He stops in my hometown on occa- Between 1993 and 1997 the FAA initi- ple who have not been fairly treated or sion, I say to my friend from Arizona, ated an average of only 2.55% of its where there is the appearance of unfair and buys gasoline from the chairman of total enforcement caseload as emer- treatment—I won’t allege that it actu- the Republican Party in my county. He gency actions. This average dem- ally happened, but certainly if there is is keeping the Republican Party going. onstrates the FAA’s commitment to an appearance of it, I want to work I want him to continue to fly over the using this authority only in those with him in getting something added in Owensboro stop and fill up with gaso- cases where the FAA finds that a seri- the bill to provide additional protec- line and keep our economy going. I ous question exists as to a certificate tions. At the same time, I hope that would not want him to not stop in holder’s qualifications, and no other whatever we do, we can achieve the Owensboro. I gave you a hometown rea- action will suffice to ensure the high- support and cooperation of both the son for us to try to help the Senator est standards of safety are maintained. FAA and the NTSB, which is not the from Oklahoma to work something Additionally, the FAA prevails on the case with this amendment. out. I look forward to him agreeing to vast majority of emergency actions be- I yield the floor. that. If not, I could not agree to a vote fore the NTSB, supporting its position Mr. FORD addressed the Chair. tonight. I am sure the Senator would that it has acted properly and not The PRESIDING OFFICER (Mr. not want one either. We would have to abused its authority. From 1990 ABRAHAM). The Senator from Ken- wait and set a time certain for tomor- through 1997, the FAA was reversed in tucky. row because I understand that his side only 2% of the cases in which emer- Mr. FORD. Mr. President, I join my has a little shindig tonight that they gency orders or revocation were issued, chairman in his remarks. I thought would like to get to. We will accommo- and in only 1% of the cases in which they were excellent and to the point. I date him as they accommodated us last emergency orders of suspension were agree with Senator MCCAIN that we night. We ought to reciprocate, under issued. ought to work with the Senator from the circumstances. The FAA opposes S. 842. The agency Oklahoma to see if we can get some- I yield the floor. argues that the bill does not alter what thing in the bill that will at least rec- Mr. INHOFE. Mr. President, first of may be appealed, merely who would ognize the problem that he has brought all, let me respond to the distinguished have jurisdiction of an appeal. The forth here this afternoon. Senator from Kentucky. I can assure FAA believes that S. 842 does not make As of now, I will join with my col- him that I will continue to stop in the process more effective or efficient, league and oppose Senator INHOFE’s Owensboro to get my gas as I fly. There but rather creates several new final amendment. It is my understanding is good reason for that; it is the cheap- agency decisions, all of which would be that GAO, FAA, and the Department of est gas between Tulsa, OK, and Na- subject to appeal in the Courts of Ap- Transportation IG have all looked at tional Airport. peals, which in turn would complicate FAA’s use of its emergency authority. Mr. FORD. We also have mighty fine and potentially prolong, not stream- There are only a few cases where the barbecue there, too. line, the process. FAA has been reversed. GAO found Mr. INHOFE. I eat at the Moonlight The FAA has stated that, even if the that FAA used its authority in only 3 Cafe, which is owned by the chairman bill is enacted, an equal number of percent of its enforcement cases from of the Democratic Party. emergency actions can be expected to 1990 to 1997. It shows a great deal of re- Mr. FORD. See, he is neutral. be issued with the only result being the straint that they only use it in cases Mr. INHOFE. Mr. President, I don’t additional strain on FAA and NTSB re- where they think it is an emergency. disagree with some of the statements sources in response to more appeals re- And, as my friend from Arizona has made here. I have a little different in- garding the existence of an emergency. said, most of those cases have been terpretation. I think the Senator from On the other hand, if the legislation re- upheld. So FAA must have the author- Arizona is correct when he says 2.55 sults in a significant enough strain on ity—must have the authority—to re- percent of those were of an emergency FAA resources that the agency is dis- voke certificates on an emergency nature. The numbers equate to about couraged from its current use of its basis. roughly 300 people. emergency authority, the FAA argues The National Transportation Safety Now, all too often, we stand down that it would permit allegedly unquali- Board, FAA, and GAO all oppose any here and say it is such a small number fied certificate holder to operate one to change. Beyond that, I think I will join that, if there is an injustice, it doesn’t two years or longer, while the non- with my friend from Arizona in trying affect that many people. I think that is emergency litigation is ongoing. In to work out something that might be probably true, but those individuals sum, the FAA does not believe that its satisfactory, rather than just to look who are affected, it is a matter of tak- actions and record before the NTSB at it a little closer than we have been ing away their livelihoods. I disagree

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I ask the question, How could ment to address a problem facing small sponsibility and burden of supporting there be an emergency nature to these reliever airports that do not accept scheduled service. revocations if it takes 132 days before scheduled service operations. Centen- Immediately following the announce- that license is revoked? nial Airport is a small reliever airport ment of the FAA’s decision, the owner I also comment on the extreme cases near Denver, Colorado, where oper- of Centennial Express was reported by that we bring out, such as the Ted ations consist primarily of small pri- the Denver Post to have plans to begin Stewarts and the Bob Hoovers. There vate chartered and business planes. A scheduled flights from Centennial Air- are many others out there like that. unique situation exists at Centennial port. Again, we are not talking about any- Airport involving certain charter serv- I have proposed legislation to rectify thing that is going to impair the safety ices and a loophole in the federal regu- this situation and uphold the authority of the flying public or the pilots be- lations governing scheduled flights. of airports like Centennial to ban all cause we are setting aside a process Centennial Airport is not certificated scheduled service if they choose to do whereby there are a certain number of for scheduled flight service. In fact, the so. This proposal allows a general avia- hours to appeal this to the NTSB. It Airport Authority, with strong local tion airport to deny access to a public goes back to using the same argument backing, has banned scheduled service charter operator that operates as a that was successfully used when we at Centennial. According to federal scheduled service, and clarifies that changed the rules having to do with law, the Federal Aviation Administra- such action would not be in violation civil penalties. With civil penalties, we tion cannot force any airport to be- of requirements for federal airport aid. argued that you can’t have just the come certificated. The airport is not This will not require any airport to do FAA be the judge and jury and appel- equipped with a terminal, baggage sys- anything, and it will not allow an air- late court; and, of course, it has tem, or passenger security. Further- port to discriminate against one sched- worked out very well since then. more, Denver International Airport is uled service operator and not another. While I respectfully disagree with my less than 25 miles from Centennial, and This measure, which is included in colleagues from Arizona and Kentucky, has the capacity to handle additional the manager’s amendment, is nearly I say that there is no interpretation scheduled service operations. identical to language that the House that can be put on my amendment that A situation arose more than three Commerce Committee has included in is going to do anything to make flying years ago when a company called Cen- its FAA Reauthorization Act. It would more hazardous, or to keep a person tennial Express Airlines, Inc. began prohibit the FAA from charging dis- from holding a certificate if there is an charter service at Centennial, but im- crimination if an airport chooses to emergency nature to the revocation. If mediately announced that the airline’s deny access to scheduled service opera- there is an emergency nature to the service would continue as scheduled tors. It will only apply to reliever air- revocation, as determined by the service. The Airport Authority sued ports that are not certificated under NTSB—and that is their job—then, of and the County District Court ordered Part 139 to handle scheduled service and airports within 35 miles of a large course, they will keep the certificate the flights stopped. In April of this hub airport. and that individual will not have the year the Colorado Supreme Court ruled ability to fly an airplane. I appreciate my colleagues’ support in favor of Centennial Airport for the rights of small airport authori- Let me just make one comment Authority’s ban. The Court cited the about the NTSB because, while it has ties and surrounding communities to safe operation of the airport as a pri- retain control over their airports. been stated that the NTSB and FAA ority, and upheld the airport’s discre- BANNING COMMERCIAL TOUR OVERFLIGHTS AT are both opposed to this amendment, I tion to prohibit scheduled passenger can assure you we talked as recently as ROCKY MOUNTAIN NATIONAL PARK service. Mr. President, I begin by thanking yesterday to Dan Campbell, the chief While this decision protected the air- counsel for the NTSB, and he says, no, Chairman MCCAIN and the other Com- port’s right to refuse scheduled service, mittee members for their efforts to it is natural that they generally don’t a similar situation recently arose with want a heavier workload than they mitigate the problems presented by another company, Colorado Connection scenic overflights at national parks. currently have. But he feels that this is Executive Air Services, and the result a fair approach, and they don’t have an Tour overflight disturbances are a has been detrimental for Centennial growing problem at a number of parks. official position against it. Airport. Does the FAA? Yes. I think any time This is an issue that I have been in- In 1997, Colorado Connection pro- volved in for the last four years, and I you are dealing with a bureaucracy—I posed to start public charter passenger don’t care if it is the IRS, the FDA, the recognize that other Members of Con- service pursuant to a regular and pub- gress have tried to address this issue. EPA, or the FAA, or any of the rest of lic schedule. Colorado Connection, them—they don’t like to give up any- While I support the plan put forth by which is entirely owned by Air One the Committee, I am offering an thing. This way, they would be giving Charter, tried using a combination of up part of this appellate process. This amendment to modify the overflights Department of Transportation and bill to address a specific Colorado is a matter of fairness. Federal Aviation Administration ex- I recognize that we will not be voting issue. I appreciate the Chairman’s will- emptions to offer scheduled service. until tomorrow. However, I ask for the ingness to work with me on this prob- Air One Charter indicated intent to yeas and nays. lem. market 6–12 daily flights to various The PRESIDING OFFICER. Is there a In particular, I am concerned that Colorado cities and to contract bag- sufficient second? helicopter sightseeing tours at Rocky There is a sufficient is second. gage services for their flights. Mountain National Park would seri- The yeas and nays were ordered. The Centennial Airport Authority ously detract from the enjoyment of Mr. INHOFE. I thank the Chair. unanimously voted to deny airport ac- other park visitors and would have a Mr. FORD. There we go. We are cess to Colorado Connection’s sched- negative impact on the resources and working together again. uled service. The vote took place in values of the park itself, and I worry Mr. INHOFE. That is right. April 1998 and a month later the FAA about the serious safety risks involved Mr. President, I will make one last initiated a Part 16 investigation. The with overflights in this area. comment. In the event that my amend- FAA claims that the Airport Rocky Mountain National Park is a ment will not prevail tomorrow, I look Authority’s move to deny service is un- relatively small park in the Rockies, forward, of course, to working with justly discriminatory. Recently, the about 70 miles from Denver. The park both the Senator from Kentucky and FAA issued a decision to pull federal receives nearly three million visitors the Senator from Arizona to try to funding for Centennial Airport if the each year, almost as many as Yellow- make it more workable. ban on scheduled service is not lifted. stone national park, which is eight

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10829 times its size. The park is easily acces- business community, including the ians; (2) permit the establishment of an ef- sible, yet continues to provide quiet, local Chambers of Commerce, as well fective international observer group in solitude, and remoteness to visitors, as the local environmental community. Kosovo; (3) allow refugees and displaced per- In 1995, one of our top Denver news- sons to return to their homes safely, under especially in the back country. Trail international supervision; (4) allow Ridge road provides a unique experi- papers editorialized that the FAA unimpeded access for humanitarian organi- ence for visitors that are not able to should make Rocky Mountain National zations and supplies; and (5) make rapid hike in the park. It is the highest Park off-limits to low-flying aircraft progress in the dialogue with the Kosovar paved highway in the United States, use, ‘‘the sooner the better.’’ Now, leadership. and crosses the park from east to west. three years later, we have finally taken While Ambassador Hill is to be commended Spectacular views of peaks and valleys the opportunity to place a permanent for his persistent diplomatic efforts, it is clear that the time has come for a more vig- can be seen from the road and nearby restriction on scenic overflights. orous and sustained high-level multilateral overlooks in every direction, similar to Mr. FORD. Mr. President, I suggest effort to pressure President Milosevic to what you could see during a helicopter the absence of a quorum. comply fully with Contact Group demands. I tour. Trail Ridge Road reaches above The PRESIDING OFFICER. The urge you therefore to proceed immediately the timber line and travels for 4 miles clerk will call the roll. with a series of steps designed to prevent the above 12,000 feet and for 11 miles above The assistant legislative clerk pro- looming humanitarian crisis and to prepare 11,000 feet. ceeded to call the roll. for possible implementation of more forceful Several problems are specific to this Mr. WELLSTONE. Mr. President, I options developed by NATO planners. These actions include: mountainous national park. The ele- ask unanimous consent that the order Moving forward now, under NATO aus- vation of the Park does not allow for a for the quorum call be rescinded. pices, with the pre-deployment phase of large minimum altitude to minimize The PRESIDING OFFICER. Without NATO military plans on Kosovo, including noise, therefore, according to the Na- objection, it is so ordered. securing base rights agreements in the re- gion, immediately assessing the contribu- tional Park Service, natural quiet is f unlikely if overflights are permitted at tions of each NATO member in the event PRIVILEGE OF THE FLOOR military action is necessary, and then for- all. The terrain, consisting of many ward-deploying appropriate levels of NATO 13,000 foot peaks and narrow valleys, Mr. WELLSTONE. Mr. President, I military forces and equipment, thus pre- coupled with unpredictable weather ask unanimous consent that John paring us to take any appropriate military presents serious safety concerns. Also, Bradshaw, who is a fellow in my office, action that may be necessary to secure Serb the unique terrain of Rocky Mountain be allowed to be on the floor for the du- compliance with Contact Group demands, National Park would cause air traffic ration of this statement. and with international law regarding the to cumulate over the popular, lower The PRESIDING OFFICER. Without treatment of Kosovar civilians; objection, it is so ordered. Bolstering border security efforts through portions of the park as pilots are forced preventive NATO force deployments which to navigate around the dangerous Mr. WELLSTONE. I thank the Chair. can increase regional stability and assist in peaks and high winds. Not only would f international monitoring and anti-arms the overflights be concentrated di- KOSOVO smuggling efforts; rectly over the most popular portions Leading an immediate multilateral effort, of the park, but more powerful, and Mr. WELLSTONE. Mr. President, I at the United Nations and through regional louder, helicopters must be used to ask unanimous consent that a letter bodies like the European Union, to tighten which I sent to the President about the existing sanctions regime on Serbia, and achieve the necessary lift at a high al- to re-impose the trade embargo, total Kosovo be printed in the RECORD. titude. airflight and investment bans, and other Rocky Mountain National Park has There being no objection, the mate- sanctions lifted after signing of the Dayton been fortunate enough to be free from rial was ordered to be printed in the Peace Accords, coupled with renewed en- overflights to this point, partially be- RECORD, as follows: forcement initiatives to prevent the flour- cause local towns have discouraged SEPTEMBER 22, 1998. ishing of black markets under a full embar- companies that might provide such President BILL CLINTON, go; The White House, Accelerating U.S. and NATO logistical sup- services. Last year the FAA issued a port for the ongoing international humani- temporary ban on sightseeing flights Washington, DC. DEAR MR. PRESIDENT: As NATO Defense tarian aid effort in Kosovo, including pre-de- over Rocky Mountain National Park. Ministers, including Secretary Cohen, gather ployment of humanitarian supplies in In light of these distinctive qualities, in Portugal this week to consider the situa- Kosovo in anticipation of winter distribu- one can assess that the best solution to tion in Kosovo, I write to express my deep tions by NGOs—but only in a way which overflight disturbance is a ban on com- concern over the growing humanitarian cri- avoids absolutely the prospect of a repeat of mercial tour flights at Rocky Moun- sis there. Unless immediate and determined the disgraceful ‘‘safe haven’’ disaster of action by the U.S. and our western allies is Srebenica; tain National Park. My proposed ban Pressing for more extensive access for taken to address this situation, it is clear we will apply to commercial tour over- human rights monitoring in Kosovo by inter- will begin to face a catastrophic loss of civil- flights only, with exceptions granted nationally-recognized organizations, includ- ian lives with the onset of winter in the re- for emergency flights and commercial ing the Organization for Security and Co- gion as early as mid-October. operation in Europe, and non-governmental airlines and private planes. Both the Despite tight constraints on their report- monitors, and providing appropriate support senior Senator from Colorado and I are ing by the government of Serbia, the western strongly behind this effort to perma- and assistance for their efforts; media daily offers new reports on the rapidly Encouraging the International Criminal nently ban overflights at the park. deteriorating situation there. Candid assess- Tribunal for the Former Yugoslavia imme- A ban would be completely con- ments by Administration officials acknowl- diately to send its Chief Prosecutor to Bel- sistent with the recommendations of edge the growing crisis. Systematic and bru- grade and Kosovo; increasing aid and intel- the overflights task force. There has tal military action by Serbian forces, accel- ligence support to the Tribunal; and assist- been public involvement and prepara- erated during their summer-long offensive ing them in placing forensics teams on the tion of an air tour management plan. against UCK forces, has forced an estimated ground there, thus signaling to all parties 300,000 or more ethnic Albanians to flee their that the Tribunal is committed to pros- There is no need to repeat the steps re- homes. While many have fled as refugees to quired under this legislative proposal ecuting war crimes committed in Kosovo, in- neighboring countries, most of these dis- cluding attacks on innocent civilians, and at Rocky Mountain National Park. placed persons remain inside Kosovo and are has begun to actually gather evidence to A commercial tour overflight ban has now vulnerable to exposure, starvation, dis- support potential indictments against per- wide spread support throughout my ease and further Serb military attack. I un- petrators—and their commanders and polit- state. State and local officials in areas derstand that Assistant Secretary for Refu- ical leadership to whom they answer; adjacent to the park strongly support a gees Julia Taft concluded during her recent I believe it is essential that these actions ban on overflights. In fact, local ordi- visit there that over 210 villages in the re- be taken as quickly as possible. We must act nances already exist to protect the gion have already been looted, and many now, before the onset of winter in Kosovo, to torched, by Serbian security forces. prevent a potential humanitarian tragedy of quiet at the Park. The entire Colorado Serbia has failed utterly to comply with historic proportions. I also recognize that delegation and Colorado’s Governor are the persistent demands of the Contact Group these steps in themselves may not be suffi- on record in support of an overflight to: (1) cease attacks on civilian populations, cient to force Serbia to comply with the Con- ban. My proposal is supported by the and withdraw its forces used to repress civil- tact Group’s demands in a timely manner,

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