Little joy for Grand Canyon air-tour industry in recent decisions

Tuesday, Nov. 10, 1998 | 7:07 a.m.

The U.S. District Court in Phoenix upheld the National Park Service's right to charge the air-tour industry $25 per flight over the Canyon, just as it charges fees for backpackers, river runners and other tourists.

Additionally, the U.S. Court of Appeals upheld the government's goal of restoring natural quiet to the national park and approved the methods federal agencies use to measure aircraft noise.

The decisions presumably will help the Federal Aviation Administration finalize rules by Jan. 31 that will nearly double the flight-free zones over the Canyon and are expected to encourage the use of quieter aircraft.

The FAA also is considering a cap on the number of air-tour flights over the park.

Steve Bassett, president of the U.S. Air Tour Association, declined to say whether his group will appeal either recent decision. He also declined to comment on regulations, other than to say his industry is working with federal regulators on new rules.

He said the industry has always agreed to pay its "fair share" of costs but declined to say what would be fair.

Federal officials estimate air-tour firms currently owe as much as $1 million in unpaid fees. They include three firms that continue to refuse to pay the fees - Air Grand Canyon, owing $269, 000; Kenai Air Hawaii Corp., owing $218,000; and Windrock Aviation Inc., owing $51,000.

Kenton Jones, a Prescott attorney representing three of the air-tour firms that have refused to pay the fees, said through a spokeswoman that he has not had an opportunity to discuss the matter with his clients.

Federal court hearings are pending in the case of Air Nevada, which the Park Service says owes as much as $350,000 in unpaid fees.

Rob Smith, southwest representative of the Sierra Club, said the U.S. Attorney's Office has only scratched the surface in prosecuting such firms.

"I hope this is the end of it, and we can move on. But I think this shows how hard it is to bring the air-tour industry into compliance with even the most basic law ... which is to share the Canyon so everybody doesn't have to listen to their noise," Smith said.

Smith said authorities should go after still others. He said at least 10 other firms have failed in recent months to report the fees they may owe. He also said at least five other firms that advertise Grand Canyon tours aren't on the Park Service list of operators.

In 1987, Sen. John McCain, R-Ariz., pushed the Grand Canyon Overflights Act through Congress. It provided for "substantial restoration of the natural quiet." The Park Service says that means that "50percent or more of the park achieves 'natural quiet' - no aircraft audible - for 75 to 100 percent of the day."

The appeals court decision in September takes the Grand Canyon Air Tour Coalition to task for misrepresenting federal rules, misquoting McCain and making assertions that were "factually inaccurate."

That case was brought in 1997 by the Sierra Club, the Grand Canyon Trust, the National Parks and Conservation Association, The Wilderness Society, Grand Canyon River Guides and Northern Arizona Audubon Society.

The fees decision was issued last week.