(a) Commercial air tour operator means any person who conducts a commercial air tour operation.
(b) Existing commercial air tour operator means a commercial air tour operator that was actively engaged in the business of providing commercial air tour operations over a national park at any time during the 12-month period ending on April 5, 2000.
(c) New entrant commercial air tour operator means a commercial air tour operator that—
(1) Applies for operating authority as a commercial air tour operator for a national park or tribal lands; and
(2) Has not engaged in the business of providing commercial air tour operations over the national park or tribal lands for the 12-month period preceding enactment.
(d) Commercial air tour operation—
(1) Means any flight, conducted for compensation or hire in a powered aircraft where a purpose of the flight is sightseeing over a national park, within 1/2 mile outside the boundary of any national park, or over tribal lands, during which the aircraft flies—
(i) Below 5,000 feet above ground level (except for the purpose of takeoff or landing, or as necessary for the safe operation of an aircraft as determined under the rules and regulations of the Federal Aviation Administration requiring the pilot-in-command to take action to ensure the safe operation of the aircraft);
(ii) Less than 1 mile laterally from any geographic feature within the park (unless more than 1/2 mile outside the boundary); or