II 118th CONGRESS 1st Session S. 1093 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Schatz (for himself and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Administrator of the Federal Aviation Administration to establish an air tour management plan for certain areas of Hawaii, and for other purposes.

1. Short title This Act may be cited as the Hawaii Air Tour Management Act of 2023 . 2. Air tour management plan for certain areas of Hawaii (a) Air tour management plan (1) In general Notwithstanding section 40128 of title 49, United States Code, subject to paragraph (2), not later than 2 years after the date of enactment of this section, the Administrator of the Federal Aviation Administration, in consultation with the Governor of Hawaii, shall establish an air tour management plan for any area within the State of Hawaii that is not located within the National Park System. (2) Requirements The Administrator of the Federal Aviation Administration shall enter into an agreement with the Governor of Hawaii to establish the contents of the plan required by paragraph (1), the procedure for establishing such plan (including with respect to any amendments to the plan), and the responsibilities of each party to such agreement in carrying out the plan. (b) Interim authority Until the date on which the air tour management plan is established under subsection (a), the Administrator of the Federal Aviation Administration may grant an air tour operator operating in an area within the State of Hawaii that is not located within the National Park System interim operating authority for that area. (c) Non-Application of the APA The provisions of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ) shall not apply to the establishment of an air tour management plan under this section.