,,ii #aafth ,,congress #ast ,session ,s4 #bfjg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #af1 #bjai,mr4 ,lee introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to prescribe zoning authority with respect to commercial unmanned aircraft systems and to preserve ,state1 local1 and ,tribal authorities and private property with respect to unmanned aircraft systems1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,drone ,integration and ,zoning ,act of #bjai4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,sec4 #c4 ,federal ,aviation ,administration updates to navigable airspace4,sec4 #d4 ,preservation of ,state1 local1 and ,tribal authorities with respect to civil unmanned aircraft systems4,sec4 #e4 ,preservation of local zoning authority for unmanned aircraft take-off and landing zones4,sec4 #f4 ,rights to operate4,sec4 #g4 ,updates to rules regarding the commercial carriage of property4,sec4 #h4 ,designation of certain complex airspace4,sec4 #i4 ,improvements to plan for full operational capability of unmanned aircraft systems traffic management4,sec4 #aj4 ,updates to rules regarding small unmanned aircraft safety standards4,sec4 #aa4 ,rules of construction4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,aviation ,administration4 7#b7 ,civil ,the term civil1 with respect to an unmanned aircraft system1 means that the unmanned aircraft is not a public aircraft 7as defined in section #djajb of title #di1 ,united ,states ,code74 7#c7 ,commercial operator ,the term commercial operator means a person who operates a civil unmanned aircraft system for commercial purposes4 7#d7 ,immediate reaches of airspace ,the term immediate reaches of airspace means1 with respect to the operation of a civil unmanned aircraft system1 any area within #bjj feet above ground level4 7#e7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given that term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#f7 ,local government ,the term local1 with respect to a government1 means the government of a subdivision of a ,state4 7#g7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and the territories and possessions of the ,united ,states4 7#h7 ,tribal government ,the term ,tribal1 with respect to a government1 means the governing body of an ,indian ,tribe4 7#i7 ,unmanned aircraft2 unmanned aircraft system ,the terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7,public ,law #aab-ie2 #di ,u4,s4,c4 #djaja note74 7#aj7 ,unmanned aircraft take-off and landing zone ,the term unmanned aircraft take-off and landing zone means a structure1 area of land or water1 or other designation for use or intended to be used for the take-off or landing of civil unmanned aircraft systems operated by a commercial operator4 #c4 ,federal ,aviation ,administration updates to navigable airspace 7a7 ,definition ,paragraph 7#cb7 of section #djajb of title #di1 ,united ,states ,code1 is amended by adding at the end the following new sentence3 ,in applying such term to the regulation of civil unmanned aircraft systems1 such term shall not include the area within the immediate reaches of airspace 7as defined in section #b7d7 of ,drone ,integration and ,zoning ,act of #bjai744 7b7 ,rulemaking 7#a7 ,in general ,the ,administrator shall conduct a rulemaking proceeding to update the definition of navigable airspace4 7#b7 ,consultation ,in conducting the rulemaking proceeding under subsection 7b71 the ,administrator shall consult with appropriate ,state1 local1 or ,tribal officials4 7c7 ,designation requirement ,in conducting the rulemaking proceeding under subsection 7b71 the ,administrator shall designate the area between #bjj feet and #djj feet above ground level-- 7#a7 for use of civil unmanned aircraft systems under the exclusive authority of the ,administrator2 and 7#b7 for use by both commercial operators or hobbyists and recreational unmanned aircraft systems1 under rules established by the ,administrator4 7d7 ,final rule ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall issue a final rule pursuant to the rulemaking conducted under subsection 7b74 7e7 ,rules of construction ,nothing in this section may be construed to-- 7#a7 prohibit the ,administrator from promulgating regulations related to the operation of unmanned aircraft systems at more than #djj feet above ground level2 or 7#b7 diminish or expand the preemptive effect of the authority of the ,federal ,aviation ,administration with respect to manned aviation4 #d4 ,preservation of ,state1 local1 and ,tribal authorities with respect to civil unmanned aircraft systems 7a7 ,findings2 sense of ,congress 7#a7 ,findings ,congress finds the following3 7,a7 ,using its constitutional authority to regulate commerce among the ,states1 ,congress granted the ,federal ,government authority over all of the navigable airspace in the ,united ,states in order to foster air commerce4 7,b7 ,while the regulation of the navigable airspace is within the ,federal ,government's domain1 the ,supreme ,court recognized in ,united ,states v4 ,causby1 #cbh ,u4,s4 #bef 7#aidf71 that the ,federal ,government's regulatory authority is limited by the property rights possessed by landowners over the exclusive control of the immediate reaches of their airspace4 7,c7 ,as a sovereign government1 a ,state possesses police powers1 which include the power to protect the property rights of its citizens4 7,d7 ,the proliferation of low-altitude operations of unmanned aircraft systems has created a conflict between the responsibility of the ,federal ,government to regulate the navigable airspace and the inherent sovereign police power possessed by the ,states to protect the property rights of their citizens4 7#b7 ,sense of ,congress ,it is the sense of ,congress that-- 7,a7 in order for landowners to have full enjoyment and use of their land1 they must have exclusive control of the immediate reaches of airspace over their property2 7,b7 the ,states possess sovereign police powers1 which include the power to regulate land use1 protect property rights1 and exercise zoning authority2 and 7,c7 the ,federal ,government lacks the authority to intrude upon a ,state's sovereign right to exercise reasonable time1 manner1 and place of operations of unmanned aircraft systems operating within the immediate reaches of airspace4 7b7 ,requirements related to regulations and standards 7#a7 ,in general ,in prescribing regulations or standards related to civil unmanned aircraft systems1 the following shall apply3 7,a7 ,the ,administrator shall not authorize the operation of a civil unmanned aircraft in the immediate reaches of airspace above property without permission of the property owner4 7,b7 ,subject to paragraph 7#b71 in the case of a structure that exceeds #bjj feet above ground level1 the ,administrator shall not authorize the operation of a civil unmanned aircraft-- 7i7 within #ej feet of the top of such structure2 or 7ii7 within #bjj feet laterally of such structure or inside the property line of such structure's owner1 whichever is closer to such structure4 7,c7 ,the ,administrator shall not authorize the physical contact of a civil unmanned aircraft1 including such aircraft's take-off or landing1 with a structure that exceeds #bjj feet above ground level without permission of the structure's owner4 7,d7 ,the ,administrator shall ensure that the authority of a ,state1 local1 or ,tribal government to issue reasonable restrictions on the time1 manner1 and place of operation of a civil unmanned aircraft system that is operated below #bjj feet above ground level is not preempted4 7#b7 ,exception ,the limitation on the operation of a civil unmanned aircraft under paragraph 7#a77;,b7 shall not apply if-- 7,a7 the operator of such aircraft has the permission of the structure's owner2 7,b7 such aircraft is being operated directly within or above an authorized public right of way2 or 7,c7 such aircraft is being operated on an authorized commercial route designated under subsection 7c74 7#c7 ,reasonable restrictions ,for purposes of paragraph 7#a77;,d71 reasonable restrictions on the time1 manner1 and place of operation of a civil unmanned aircraft system include the following3 7,a7 ,specifying limitations on speed of flight over specified areas4 7,b7 ,prohibitions or limitations on operations in the vicinity of schools1 parks1 roadways1 bridges1 moving locations1 or other public or private property4 7,c7 ,restrictions on operations at certain times of the day or week or on specific occasions such as parades or sporting events1 including sporting events that do not remain in one location4 7,d7 ,prohibitions on careless or reckless operations1 including operations while the operator is under the influence of alcohol or drugs4 7,e7 ,other prohibitions that protect public safety1 personal privacy1 or property rights1 or that manage land use or restrict noise pollution4 7c7 ,designation of authorized commercial routes 7#a7 ,in general ,for purposes of subsection 7b77#b77;,c71 not later than #ah months after the date of enactment of this ,act1 the ,administrator shall establish a process for the designation of routes as authorized commercial routes4 ,no area within #bjj feet above ground level may be included in a designated authorized commercial route4 7#b7 ,application ,under the process under paragraph 7#a71 applicants shall submit an application for such a designation in a form and manner determined appropriate by the ,administrator4 7#c7 ,timeframe for decision ,under the process under paragraph 7#a71 the ,administrator shall approve or disapprove a complete application for designation within #ij days of receiving the application4 7#d7 ,consultation ,in reviewing a request for the designation of an area under this subsection1 the ,administrator shall consult with and heavily weigh the views of-- 7,a7 the applicable ,state1 local1 or ,tribal government that has jurisdiction over the operation of unmanned aircraft in the area below the area to be designated2 7,b7 owners of structures who would be affected by the designation of a route as an authorized commercial route2 and 7,c7 commercial unmanned aircraft operators4 7#e7 ,denial of application ,if the ,administrator denies a request for a designation under this subsection1 the ,administrator shall provide the applicant with-- 7,a7 a detailed description of the reasons for the denial2 and 7,b7 recommendations for changes that the applicant can make to correct the deficiencies in their application4 7#f7 ,approval of application ,if the ,administrator approves a request for a designation under this subsection1 the ,administrator shall clearly describe the boundaries of the designated authorized commercial route and any applicable limitations for operations on the route4 7#g7 ,delegation ,the ,administrator may delegate the authority to designate authorized commercial routes under this subsection to a ,state1 local1 or ,tribal government that has entered into an agreement with the ,administrator under section #h with respect to an area designated as complex airspace4 7d7 ,rules of construction 7#a7 ,nothing in this section may be construed to permit a ,state1 local1 or ,tribal government to issue restrictions1 or a combination of restrictions1 that would create a significant safety hazard in the navigable airspace1 airport operations1 air navigation facilities1 air traffic control systems1 or other components of the national airspace system that facilitate the safe and efficient operation of civil1 commercial1 or military aircraft within the ,united ,states4 7#b7 ,nothing in this section may be construed to prohibit a property owner or the owner of a structure with a height that exceeds #bjj feet above ground level from pursuing any available cause of action under ,state law related to unmanned aircraft operations above #bjj feet above ground level4 #e4 ,preservation of local zoning authority for unmanned aircraft take-off and landing zones 7a7 ,general authority ,subject to the succeeding provisions of this section1 nothing in this ,act shall limit or affect the authority of a ,state1 local1 or ,tribal government over decisions regarding the designation1 placement1 construction1 or modification of an unmanned aircraft take-off and landing zone4 7b7 ,nondiscrimination ,the regulation of the designation1 placement1 construction1 or modification of an unmanned aircraft take-off and landing zone by any ,state1 local1 or ,tribal government may not-- 7#a7 unreasonably discriminate among commercial operators of unmanned aircraft systems2 or 7#b7 prohibit1 or have the effect of prohibiting1 a commercial operator from operating an unmanned aircraft system4 7c7 ,applications 7#a7 ,requirement to act 7,a7 ,in general ,a ,state1 local1 or ,tribal government shall act on any complete application for authorization to designate1 place1 construct1 or modify an unmanned aircraft take-off and landing zone within #fj days4 7,b7 ,denial ,if a ,state1 local1 or ,tribal government denies an application for the designation1 placement1 construction1 or modification of an unmanned aircraft take-off and landing zone1 the ,state1 local1 or ,tribal government shall1 not later than #cj days after denying the application1 submit to the commercial operator a written record that details-- 7i7 the findings and substantial evidence that serves as the basis for denying the application2 and 7ii7 recommendations for how the commercial operator can address the reasons for the application's denial4 7#b7 ,fees ,notwithstanding any other provision of law1 a ,state1 local1 or ,tribal government may charge a fee to consider an application for the designation1 placement1 construction1 or modification of an unmanned aircraft take-off and landing zone1 or to use a right-of-way or a facility in a right-of-way owned or managed by the ,state1 local1 or ,tribal government for the designation1 placement1 construction1 or modification of an unmanned aircraft take-off and landing zone1 if the fee is-- 7,a7 competitively neutral1 technologically neutral1 and nondiscriminatory2 and 7,b7 publicly disclosed4 7#c7 ,rule of construction ,nothing in this subsection may be construed to prevent any ,state1 local1 or ,tribal government from imposing any additional limitation or requirement relating to consideration by the ,state1 local1 or ,tribal government of an application for the designation1 placement1 construction1 or modification of an unmanned aircraft take-off and landing zone4 7d7 ,judicial review ,any person adversely affected by any final action or failure to act by a ,state1 local1 or ,tribal government that is inconsistent with this section may1 within #cj days after the action or failure to act1 commence an action in any court of competent jurisdiction1 which shall hear and decide the action on an expedited basis4 7e7 ,effective date ,the provisions of this section shall take effect on the day that is #ahj days after the final rule under section #c7;c7 is issued4 #f4 ,rights to operate 7a7 ,prohibition 7#a7 ,in general ,subject to subsection 7b71 a ,state1 local1 or ,tribal government may not adopt1 maintain1 or enforce any law1 rule1 or standard that unreasonably or substantially impedes-- 7,a7 the ascent or descent of an unmanned aircraft system1 operated by a commercial operator1 to or from the navigable airspace in the furtherance of a commercial activity2 or 7,b7 a civil unmanned aircraft from reaching navigable airspace where operations are permitted4 7#b7 ,unreasonable or substantial impediment ,for purposes of paragraph 7#a71 an unreasonable or substantial impediment with respect to civil unmanned aircraft includes-- 7,a7 a complete and total ban on overflights of civil unmanned aircraft over the entirety of airspace within a ,state1 local1 or ,tribal government's jurisdiction2 and 7,b7 a combination of prohibitions or restrictions on overflights within airspace under a ,state1 local1 or ,tribal government's jurisdiction such that it is nearly impossible for civil unmanned aircraft to reach the navigable airspace4 7b7 ,rules of construction ,nothing in subsection 7a7 may be construed to prohibit a ,state1 local1 or ,tribal government from-- 7#a7 adopting1 maintaining1 or enforcing laws1 rules1 or standards that regulate unmanned aircraft systems below #bjj feet above ground level2 or 7#b7 prescribing emergency procedures for a civil unmanned aircraft system descending into an area #bjj feet above ground level4 #g4 ,updates to rules regarding the commercial carriage of property 7a7 ,improving regulations ,section #ddhjh of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraph 7#e7 as subsection 7c71 and indenting appropriately2 7#b7 by redesignating subparagraphs 7,a71 7,b71 and 7,c7 of subsection 7c71 as redesignated by paragraph 7#a71 as paragraphs 7#a71 7#b71 and 7#c71 respectively1 and indenting appropriately2 7#c7 by redesignating paragraph 7#f7 as subsection 7d71 and indenting appropriately2 and 7#d7 in subsection 7b71 by adding at the end the following new paragraphs3 7#e7 ,ensure that the provision of section #dagac shall not apply to the carriage of property by operators of small unmanned aircraft systems4 7#f7 ,ensure that an operator of a small unmanned aircraft system is not required to comply with any rules approved under this section if the operator is operating solely under a ,state authorization for the intrastate carriage of property for compensation or hire4 7#g7 ,ensure that the costs necessary to receive such an authorization are minimal so as to protect competition between market participants4 7#h7 ,a streamlined application process that only contains requirements minimally necessary for safe operation and substantially outweigh the compliance costs for an applicant4 4 7b7 ,clarification regarding preemption ,section #dagac7;b7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following new paragraph3 7#e7 ,not applicable to the operation of a civil unmanned aircraft system ,paragraphs 7#a7 and 7#d7 shall not apply to the operation of a civil unmanned aircraft system4 4 7c7 ,exclusion from definition of air carrier ,section #djajb7b7 of title #di1 ,united ,states ,code1 is amended by inserting 7but does not include an operator of civil unmanned aircraft systems7 before the period at the end4 7d7 ,state authorization for the intrastate carriage of property ,a ,state may not be prohibited from issuing an authorization 7and the ,federal ,government may not require a ,federal authorization7 for the carriage of property by a commercial operator of a civil unmanned aircraft that is operating in intrastate commerce if the civil unmanned aircraft is only authorized by the ,state to operate-- 7#a7 within the immediate reaches of airspace2 and 7#b7 within the lateral boundaries of the ,state4 #h4 ,designation of certain complex airspace 7a7 ,process for designation 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of ,transportation shall establish a process under which a ,state1 local1 or ,tribal government may submit an application to the ,administrator 7in a form and manner determined appropriate by the ,administrator7 for the designation of an area as an area of complex airspace4 ,such process shall allow for individual or collective designations4 7#b7 ,timeframe for decision ,under the process under paragraph 7#a71 the ,administrator shall approve or disapprove a complete application for designation within #ij days of receiving the application4 7#c7 ,review of application ,in reviewing a request for a designation under this section1 the ,administrator may deny the request if the ,state1 local1 or ,tribal government does not have-- 7,a7 the financial resources to carry out the authority to be granted under the designation2 or 7,b7 the technological capabilities necessary to carry out the authority granted to the ,state under the designation4 7#d7 ,denial of application ,if the ,administrator denies a request for a designation under this section1 the ,administrator shall provide the ,state1 local1 or ,tribal government with-- 7,a7 a detailed description of the reasons for the denial2 and 7,b7 recommendations for changes that the ,state can make to correct the deficiencies in their application4 7#e7 ,approval of application ,if the ,administrator approves a request for a designation under this section1 the ,administrator shall1 upon the request of the ,state1 local1 or ,tribal government1 enter into a written agreement with the ,state1 local1 or ,tribal government 7which may be in the form of a memorandum of understanding7 under which the ,administrator may assign1 and the ,state1 local1 or ,tribal government may assume1 one or more of the responsibilities of the ,administrator with respect to the management of civil unmanned aircraft operations within the area that has been so designated4 7b7 ,agreements 7#a7 ,state1 local1 or tribal government responsibilities under agreement ,if a ,state1 local1 or ,tribal government enters into an agreement with the ,administrator under subsection 7a77#e71 the ,state1 local1 or ,tribal government shall be solely responsible1 and solely liable1 for carrying out the responsibilities assumed in the agreement until the agreement is terminated4 7#b7 ,termination by ,state1 local1 or ,tribal government ,a ,state1 local1 or ,tribal government may terminate an agreement with the ,administrator under subsection 7a77#e7 if the ,state1 local1 or ,tribal government provides the ,administrator #ij days of notice4 7#c7 ,termination by ,administrator ,the ,administrator may terminate an agreement with a ,state1 local1 or ,tribal government under subsection 7a77#e7 if-- 7,a7 the ,administrator determines that the ,state1 local1 or ,tribal government is not adequately carrying out the responsibilities assigned under the agreement2 and 7,b7 the ,administrator provides the ,state1 local1 or ,tribal government with-- 7i7 written notification of a determination of noncompliance with the responsibilities assigned under the agreement2 and 7ii7 a period of not less than #ahj days for the ,state1 local1 or ,tribal government to take such corrective actions as the ,administrator determines necessary to comply with the responsibilities assigned under the agreement4 7c7 ,complex airspace defined ,in this section1 the term complex airspace means an area of airspace that-- 7#a7 is at least #bjj feet above ground level2 and 7#b7 includes one or more structures that have a height that exceeds #bjj feet above ground level4 #i4 ,improvements to plan for full operational capability of unmanned aircraft systems traffic management ,section #cgf of the ,,faa ,reauthorization ,act of #bjah 7,public ,law #aae-bed7 is amended-- 7#a7 in subsection 7b71 by adding at the end the following new paragraph3 7#d7 ,permit the testing of a ,state1 local1 or ,tribal government's time1 place1 and manner restrictions within the immediate reaches of airspace 7as defined in section #b of the ,drone ,integration and ,zoning ,act of #bjai74 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b71 by striking industry and government and inserting industry1 the ,federal ,government1 and ,state1 local1 or ,tribal governments2 7,b7 in paragraph 7#c77;,g71 by striking and at the end2 7,c7 in paragraph 7#d77;,c71 by striking the period at the end and inserting a semicolon2 and 7,d7 by adding at the end the following new paragraphs3 7#e7 establish a plan for collaboration and coordination with a ,state1 local1 or ,tribal government's management of unmanned aircraft systems within the immediate reaches of airspace 7as defined in section #b of the ,drone ,integration and ,zoning ,act of #bjai72 and 7#f7 establish a process for the interoperability and sharing of data between ,federal ,government1 ,state1 local1 or ,tribal government1 and private sector ,,utm services4 2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#b77;,j71 by striking and at the end2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new paragraph3 7#d7 shall consult with ,state1 local1 and ,tribal governments4 2 and 7#d7 in subsection 7g71 by inserting and ,state1 local1 and ,tribal governments after ,federal agencies4 #aj4 ,updates to rules regarding small unmanned aircraft safety standards ,section #ddhje of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#c71 by striking and at the end2 7,b7 in paragraph 7#d71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new paragraph3 7#e7 ensuring that no ,state is prohibited from requiring additional equipage for a small unmanned aircraft system so long as such drone is solely authorized to operate in the immediate reaches of airspace 7as defined in section #b of the ,drone ,integration and ,zoning ,act of #bjai7 and the lateral boundaries of a ,state4 2 7#b7 in subsection 7e71 in the matter preceding paragraph 7#a71 by striking may and inserting shall2 7#c7 in subsection 7j71 by striking may and inserting shall2 and 7#d7 by adding at the end the following new subsection3 7k7 ,requirements for accepting risk-,based consensus safety standards 7#a7 ,cost-benefit analysis ,the ,administrator shall not accept a risk-based consensus safety standard under subsection 7a77#a7 unless the ,administrator has first conducted a cost-benefit analysis and certified that the benefit of the safety standard substantially outweighs the costs to the manufacturer and consumer4 7#b7 ,must be essential ,the ,administrator shall not accept a risk-based consensus safety standard under subsection 7a77#a7 unless the ,administrator determines that the safety standard is essential for small unmanned aircraft systems to operate safely in the ,unmanned ,traffic ,management 7,,utm7 ,system4 4 #aa4 ,rules of construction 7a7 ,in general ,subject to subsection 7b71 nothing in this ,act may be construed to-- 7#a7 diminish or expand the preemptive effect of the authority of the ,federal ,aviation ,administration with respect to manned aviation2 or 7#b7 affect the civil or criminal jurisdiction of-- 7,a7 any ,indian ,tribe relative to any ,state or local government2 or 7,b7 any ,state or local government relative to any ,indian ,tribe4 7b7 ,enforcement actions ,nothing in subsection 7a7 may be construed to limit the authority of the ,administrator to pursue enforcement actions against persons operating civil unmanned aircraft systems who endanger the safety of the navigable airspace1 airport operations1 air navigation facilities1 air traffic control systems1 or other components of the national airspace system that facilitate the safe and efficient operation of civil1 commercial1 or military aircraft within the ,united ,states4