II 

117TH CONGRESS 

1ST SESSION S. 600 

To prescribe zoning authority with respect to commercial unmanned aircraft 

systems and to preserve State, local, and Tribal authorities and private 

property with respect to unmanned aircraft systems, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 4, 2021 

Mr. LEE introduced the following bill; which was read twice and referred to 

the Committee on Commerce, Science, and Transportation 

A BILL 

To prescribe zoning authority with respect to commercial 

unmanned aircraft systems and to preserve State, local, 

and Tribal authorities and private property with respect 

to unmanned aircraft systems, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Drone Integration and Zoning Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 600 IS

Sec. 2. Definitions. 

Sec. 3. Federal Aviation Administration updates to navigable airspace. 

Sec. 4. Preservation of State, local, and Tribal authorities with respect to civil 

unmanned aircraft systems. 

Sec. 5. Preservation of local zoning authority for unmanned aircraft take-off 

and landing zones. 

Sec. 6. Rights to operate. 

Sec. 7. Updates to rules regarding the commercial carriage of property. 

Sec. 8. Designation of certain complex airspace. 

Sec. 9. Improvements to plan for full operational capability of unmanned aircraft systems traffic management. 

Sec. 10. Updates to rules regarding small unmanned aircraft safety standards. 

Sec. 11. Rules of construction. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Federal 

5 Aviation Administration. 

6 (2) CIVIL.—The term ‘‘civil’’, with respect to an 

7 unmanned aircraft system, means that the un8 manned aircraft is not a public aircraft (as defined 

9 in section 40102 of title 49, United States Code). 

10 (3) COMMERCIAL OPERATOR.—The term ‘‘com11 mercial operator’’ means a person who operates a 

12 civil unmanned aircraft system for commercial pur13 poses. 

14 (4) IMMEDIATE REACHES OF AIRSPACE.—The 

15 term ‘‘immediate reaches of airspace’’ means, with 

16 respect to the operation of a civil unmanned aircraft 

17 system, any area within 200 feet above ground level. 

18 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

19 has the meaning given that term in section 4 of the 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 600 IS

1 Indian Self-Determination and Education Assistance 

2 Act (25 U.S.C. 5304). 

3 (6) LOCAL GOVERNMENT.—The term ‘‘local’’, 

4 with respect to a government, means the government 

5 of a subdivision of a State. 

6 (7) STATE.—The term ‘‘State’’ means each of 

7 the 50 States, the District of Columbia, and the ter8 ritories and possessions of the United States. 

9 (8) TRIBAL GOVERNMENT.—The term ‘‘Tribal’’, 

10 with respect to a government, means the governing 

11 body of an Indian Tribe. 

12 (9) UNMANNED AIRCRAFT; UNMANNED AIR13 CRAFT SYSTEM.—The terms ‘‘unmanned aircraft’’ 

14 and ‘‘unmanned aircraft system’’ have the meanings 

15 given those terms in section 331 of the FAA Mod16 ernization and Reform Act of 2012 (Public Law 

17 112–95; 49 U.S.C. 40101 note). 

18 (10) UNMANNED AIRCRAFT TAKE-OFF AND

19 LANDING ZONE.—The term ‘‘unmanned aircraft 

20 take-off and landing zone’’ means a structure, area 

21 of land or water, or other designation for use or in22 tended to be used for the take-off or landing of civil 

23 unmanned aircraft systems operated by a commer24 cial operator. 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 600 IS

1 SEC. 3. FEDERAL AVIATION ADMINISTRATION UPDATES TO 

2 NAVIGABLE AIRSPACE. 

3 (a) DEFINITION.—Paragraph (32) of section 40102 

4 of title 49, United States Code, is amended by adding at 

5 the end the following new sentence: ‘‘In applying such 

6 term to the regulation of civil unmanned aircraft systems, 

7 such term shall not include the area within the immediate 

8 reaches of airspace (as defined in section 2 of Drone Inte9 gration and Zoning Act).’’. 

10 (b) RULEMAKING.— 

11 (1) IN GENERAL.—The Administrator shall con12 duct a rulemaking proceeding to update the defini13 tion of ‘‘navigable airspace’’. 

14 (2) CONSULTATION.—In conducting the rule15 making proceeding under paragraph (1), the Admin16 istrator shall consult with appropriate State, local, 

17 or Tribal officials. 

18 (c) DESIGNATION REQUIREMENT.—In conducting 

19 the rulemaking proceeding under subsection (b), the Ad20 ministrator shall designate the area between 200 feet and 

21 400 feet above ground level— 

22 (1) for use of civil unmanned aircraft systems 

23 under the exclusive authority of the Administrator; 

24 and 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 600 IS

1 (2) for use by both commercial operators or 

2 hobbyists and recreational unmanned aircraft sys3 tems, under rules established by the Administrator. 

4 (d) FINAL RULE.—Not later than 1 year after the 

5 date of enactment of this Act, the Administrator shall 

6 issue a final rule pursuant to the rulemaking conducted 

7 under subsection (b). 

8 (e) RULES OF CONSTRUCTION.—Nothing in this sec9 tion may be construed to— 

10 (1) prohibit the Administrator from promul11 gating regulations related to the operation of un12 manned aircraft systems at more than 400 feet 

13 above ground level; or 

14 (2) diminish or expand the preemptive effect of 

15 the authority of the Federal Aviation Administration 

16 with respect to manned aviation. 

17 SEC. 4. PRESERVATION OF STATE, LOCAL, AND TRIBAL AU18 THORITIES WITH RESPECT TO CIVIL UN19 MANNED AIRCRAFT SYSTEMS. 

20 (a) FINDINGS; SENSE OF CONGRESS.— 

21 (1) FINDINGS.—Congress finds the following: 

22 (A) Using its constitutional authority to 

23 regulate commerce among the States, Congress 

24 granted the Federal Government authority over 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 600 IS

1 all of the navigable airspace in the United 

2 States in order to foster air commerce. 

3 (B) While the regulation of the navigable 

4 airspace is within the Federal Government’s do5 main, the Supreme Court recognized in United 

6 States v. Causby, 328 U.S. 256 (1946), that 

7 the Federal Government’s regulatory authority 

8 is limited by the property rights possessed by 

9 landowners over the exclusive control of the im10 mediate reaches of their airspace. 

11 (C) As a sovereign government, a State 

12 possesses police powers, which include the 

13 power to protect the property rights of its citi14 zens. 

15 (D) The proliferation of low-altitude oper16 ations of unmanned aircraft systems has cre17 ated a conflict between the responsibility of the 

18 Federal Government to regulate the navigable 

19 airspace and the inherent sovereign police 

20 power possessed by the States to protect the 

21 property rights of their citizens. 

22 (2) SENSE OF CONGRESS.—It is the sense of 

23 Congress that— 

24 (A) in order for landowners to have full en25 joyment and use of their land, they must have 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 600 IS

1 exclusive control of the immediate reaches of 

2 airspace over their property; 

3 (B) the States possess sovereign police 

4 powers, which include the power to regulate 

5 land use, protect property rights, and exercise 

6 zoning authority; and 

7 (C) the Federal Government lacks the au8 thority to intrude upon a State’s sovereign right 

9 to issue reasonable time, manner, and place re10 strictions on the operation of unmanned air11 craft systems operating within the immediate 

12 reaches of airspace. 

13 (b) REQUIREMENTS RELATED TO REGULATIONS AND

14 STANDARDS.— 

15 (1) IN GENERAL.—In prescribing regulations or 

16 standards related to civil unmanned aircraft sys17 tems, the following shall apply: 

18 (A) The Administrator shall not authorize 

19 the operation of a civil unmanned aircraft in 

20 the immediate reaches of airspace above prop21 erty without permission of the property owner. 

22 (B) Subject to paragraph (2), in the case 

23 of a structure that exceeds 200 feet above 

24 ground level, the Administrator shall not auVerDate Sep 11 2014 21:54 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S600.IS S600

kjohnson on DSK79L0C42PROD with BILLS
8 

•S 600 IS

1 thorize the operation of a civil unmanned air2 craft— 

3 (i) within 50 feet of the top of such 

4 structure; or 

5 (ii) within 200 feet laterally of such 

6 structure or inside the property line of 

7 such structure’s owner, whichever is closer 

8 to such structure. 

9 (C) The Administrator shall not authorize 

10 the physical contact of a civil unmanned air11 craft, including such aircraft’s take-off or land12 ing, with a structure that exceeds 200 feet 

13 above ground level without permission of the 

14 structure’s owner. 

15 (D) The Administrator shall ensure that 

16 the authority of a State, local, or Tribal govern17 ment to issue reasonable restrictions on the 

18 time, manner, and place of operation of a civil 

19 unmanned aircraft system that is operated 

20 below 200 feet above ground level is not pre21 empted. 

22 (2) EXCEPTION.—The limitation on the oper23 ation of a civil unmanned aircraft under paragraph 

24 (1)(B) shall not apply if— 


kjohnson on DSK79L0C42PROD with BILLS
9 

•S 600 IS

1 (A) the operator of such aircraft has the 

2 permission of the structure’s owner; 

3 (B) such aircraft is being operated directly 

4 within or above an authorized public right of 

5 way; or 

6 (C) such aircraft is being operated on an 

7 authorized commercial route designated under 

8 subsection (c). 

9 (3) REASONABLE RESTRICTIONS.—For pur10 poses of paragraph (1)(D), reasonable restrictions 

11 on the time, manner, and place of operation of a 

12 civil unmanned aircraft system include the following: 

13 (A) Specifying limitations on speed of 

14 flight over specified areas. 

15 (B) Prohibitions or limitations on oper16 ations in the vicinity of schools, parks, road17 ways, bridges, moving locations, or other public 

18 or private property. 

19 (C) Restrictions on operations at certain 

20 times of the day or week or on specific occa21 sions such as parades or sporting events, in22 cluding sporting events that do not remain in 

23 one location. 


kjohnson on DSK79L0C42PROD with BILLS
10 

•S 600 IS

1 (D) Prohibitions on careless or reckless op2 erations, including operations while the operator 

3 is under the influence of alcohol or drugs. 

4 (E) Other prohibitions that protect public 

5 safety, personal privacy, or property rights, or 

6 that manage land use or restrict noise pollution. 

7 (c) DESIGNATION OF AUTHORIZED COMMERCIAL

8 ROUTES.— 

9 (1) IN GENERAL.—For purposes of subsection 

10 (b)(2)(C), not later than 18 months after the date 

11 of enactment of this Act, the Administrator shall es12 tablish a process for the designation of routes as au13 thorized commercial routes. No area within 200 feet 

14 above ground level may be included in a designated 

15 authorized commercial route. 

16 (2) APPLICATION.—Under the process estab17 lished under paragraph (1), applicants shall submit 

18 an application for such a designation in a form and 

19 manner determined appropriate by the Adminis20 trator. 

21 (3) TIMEFRAME FOR DECISION.—Under the 

22 process established under paragraph (1), the Admin23 istrator shall approve or disapprove a complete ap24 plication for designation within 90 days of receiving 

25 the application. 


kjohnson on DSK79L0C42PROD with BILLS
11 

•S 600 IS

1 (4) CONSULTATION.—In reviewing an applica2 tion for the designation of an area under this sub3 section, the Administrator shall consult with and 

4 heavily weigh the views of— 

5 (A) the applicable State, local, or Tribal 

6 government that has jurisdiction over the oper7 ation of unmanned aircraft in the area below 

8 the area to be designated; 

9 (B) owners of structures who would be af10 fected by the designation of a route as an au11 thorized commercial route; and 

12 (C) commercial unmanned aircraft opera13 tors. 

14 (5) DENIAL OF APPLICATION.—If the Adminis15 trator denies an application for a designation under 

16 this subsection, the Administrator shall provide the 

17 applicant with— 

18 (A) a detailed description of the reasons 

19 for the denial; and 

20 (B) recommendations for changes that the 

21 applicant can make to correct the deficiencies in 

22 their application. 

23 (6) APPROVAL OF APPLICATION.—If the Ad24 ministrator approves an application for a designation 

25 under this subsection, the Administrator shall clearly 


kjohnson on DSK79L0C42PROD with BILLS
12 

•S 600 IS

1 describe the boundaries of the designated authorized 

2 commercial route and any applicable limitations for 

3 operations on the route. 

4 (7) DELEGATION.—The Administrator may del5 egate the authority to designate authorized commer6 cial routes under this subsection to a State, local, or 

7 Tribal government that has entered into an agree8 ment with the Administrator under section 8 with 

9 respect to an area designated as complex airspace. 

10 (d) RULES OF CONSTRUCTION.—(1) Nothing in this 

11 section may be construed to permit a State, local, or Trib12 al government to issue restrictions, or a combination of 

13 restrictions, that would create a significant safety hazard 

14 in the navigable airspace, airport operations, air naviga15 tion facilities, air traffic control systems, or other compo16 nents of the national airspace system that facilitate the 

17 safe and efficient operation of civil, commercial, or mili18 tary aircraft within the United States. 

19 (2) Nothing in this section may be construed to pro20 hibit a property owner or the owner of a structure with 

21 a height that exceeds 200 feet above ground level from 

22 pursuing any available cause of action under State law re23 lated to unmanned aircraft operations above 200 feet 

24 above ground level. 


kjohnson on DSK79L0C42PROD with BILLS
13 

•S 600 IS

1 SEC. 5. PRESERVATION OF LOCAL ZONING AUTHORITY FOR 

2 UNMANNED AIRCRAFT TAKE-OFF AND LAND3 ING ZONES. 

4 (a) GENERAL AUTHORITY.—Subject to the suc5 ceeding provisions of this section, nothing in this Act shall 

6 limit or affect the authority of a State, local, or Tribal 

7 government over decisions regarding the designation, 

8 placement, construction, or modification of an unmanned 

9 aircraft take-off and landing zone. 

10 (b) NONDISCRIMINATION.—The regulation of the 

11 designation, placement, construction, or modification of an 

12 unmanned aircraft take-off and landing zone by any State, 

13 local, or Tribal government may not— 

14 (1) unreasonably discriminate among commer15 cial operators of unmanned aircraft systems; or 

16 (2) prohibit, or have the effect of prohibiting, a 

17 commercial operator from operating an unmanned 

18 aircraft system. 

19 (c) APPLICATIONS.— 

20 (1) REQUIREMENT TO ACT.— 

21 (A) IN GENERAL.—A State, local, or Trib22 al government shall act on any complete appli23 cation for authorization to designate, place, 

24 construct, or modify an unmanned aircraft 

25 take-off and landing zone within 60 days of re26 ceiving such application. 


kjohnson on DSK79L0C42PROD with BILLS
14 

•S 600 IS

1 (B) DENIAL.—If a State, local, or Tribal 

2 government denies an application for the des3 ignation, placement, construction, or modifica4 tion of an unmanned aircraft take-off and land5 ing zone, the State, local, or Tribal government 

6 shall, not later than 30 days after denying the 

7 application, submit to the commercial operator 

8 a written record that details— 

9 (i) the findings and substantial evi10 dence that serves as the basis for denying 

11 the application; and 

12 (ii) recommendations for how the 

13 commercial operator can address the rea14 sons for the application’s denial. 

15 (2) FEES.—Notwithstanding any other provi16 sion of law, a State, local, or Tribal government may 

17 charge a fee to consider an application for the des18 ignation, placement, construction, or modification of 

19 an unmanned aircraft take-off and landing zone, or 

20 to use a right-of-way or a facility in a right-of-way 

21 owned or managed by the State, local, or Tribal gov22 ernment for the designation, placement, construc23 tion, or modification of an unmanned aircraft take24 off and landing zone, if the fee is— 


kjohnson on DSK79L0C42PROD with BILLS
15 

•S 600 IS

1 (A) competitively neutral, technologically 

2 neutral, and nondiscriminatory; and 

3 (B) publicly disclosed. 

4 (3) RULE OF CONSTRUCTION.—Nothing in this 

5 subsection may be construed to prevent any State, 

6 local, or Tribal government from imposing any addi7 tional limitation or requirement relating to consider8 ation by the State, local, or Tribal government of an 

9 application for the designation, placement, construc10 tion, or modification of an unmanned aircraft take11 off and landing zone. 

12 (d) JUDICIAL REVIEW.—Any person adversely af13 fected by any final action or failure to act by a State, local, 

14 or Tribal government that is inconsistent with this section 

15 may, within 30 days after the action or failure to act, com16 mence an action in any court of competent jurisdiction, 

17 which shall hear and decide the action on an expedited 

18 basis. 

19 (e) EFFECTIVE DATE.—The provisions of this section 

20 shall take effect on the day that is 180 days after the 

21 final rule under section 3(d) is issued. 

22 SEC. 6. RIGHTS TO OPERATE. 

23 (a) PROHIBITION.— 

24 (1) IN GENERAL.—Subject to subsection (b), a 

25 State, local, or Tribal government may not adopt, 


kjohnson on DSK79L0C42PROD with BILLS
16 

•S 600 IS

1 maintain, or enforce any law, rule, or standard that 

2 unreasonably or substantially impedes— 

3 (A) the ascent or descent of an unmanned 

4 aircraft system, operated by a commercial oper5 ator, to or from the navigable airspace in the 

6 furtherance of a commercial activity; or 

7 (B) a civil unmanned aircraft from reach8 ing navigable airspace where operations are per9 mitted. 

10 (2) UNREASONABLE OR SUBSTANTIAL IMPEDI11 MENT.—For purposes of paragraph (1), an unrea12 sonable or substantial impediment with respect to 

13 civil unmanned aircraft includes— 

14 (A) a complete and total ban on overflights 

15 of civil unmanned aircraft over the entirety of 

16 airspace within a State, local, or Tribal govern17 ment’s jurisdiction; and 

18 (B) a combination of prohibitions or re19 strictions on overflights within airspace under a 

20 State, local, or Tribal government’s jurisdiction 

21 such that it is nearly impossible for civil un22 manned aircraft to reach the navigable air23 space. 


kjohnson on DSK79L0C42PROD with BILLS
17 

•S 600 IS

1 (b) RULES OF CONSTRUCTION.—Nothing in sub2 section (a) may be construed to prohibit a State, local, 

3 or Tribal government from— 

4 (1) adopting, maintaining, or enforcing laws, 

5 rules, or standards that regulate unmanned aircraft 

6 systems below 200 feet above ground level; or 

7 (2) prescribing emergency procedures for a civil 

8 unmanned aircraft system descending into an area 

9 200 feet above ground level. 

10 SEC. 7. UPDATES TO RULES REGARDING THE COMMERCIAL 

11 CARRIAGE OF PROPERTY. 

12 (a) IMPROVING REGULATIONS.—Section 44808 of 

13 title 49, United States Code, is amended— 

14 (1) by redesignating subsection (b)(5) as sub15 section (c), and indenting appropriately; 

16 (2) by redesignating subparagraphs (A), (B), 

17 and (C) of subsection (c), as redesignated by para18 graph (1), as paragraphs (1), (2), and (3), respec19 tively, and indenting appropriately; 

20 (3) by redesignating subsection (b)(6) as sub21 section (d), and indenting appropriately; and 

22 (4) in subsection (b), as previously amended, by 

23 adding at the end the following new paragraphs: 


kjohnson on DSK79L0C42PROD with BILLS
18 

•S 600 IS

1 ‘‘(5) Ensure that the provision of section 41713 

2 shall not apply to the carriage of property by opera3 tors of small unmanned aircraft systems. 

4 ‘‘(6) Ensure that an operator of a small un5 manned aircraft system is not required to comply 

6 with any rules approved under this section if the op7 erator is operating solely under a State authoriza8 tion for the intrastate carriage of property for com9 pensation or hire. 

10 ‘‘(7) Ensure that the costs necessary to receive 

11 such an authorization are minimal so as to protect 

12 competition between market participants. 

13 ‘‘(8) A streamlined application process that only 

14 contains requirements minimally necessary for safe 

15 operation and substantially outweigh the compliance 

16 costs for an applicant.’’. 

17 (b) CLARIFICATION REGARDING PREEMPTION.—Sec18 tion 41713(b) of title 49, United States Code, is amended 

19 by adding at the end the following new paragraph: 

20 ‘‘(5) NOT APPLICABLE TO THE OPERATION OF A

21 CIVIL UNMANNED AIRCRAFT SYSTEM.—Paragraphs (1) 

22 and (4) shall not apply to the operation of a civil un23 manned aircraft system.’’. 

24 (c) EXCLUSION FROM DEFINITION OF AIR CAR25 RIER.—Section 40102(2) of title 49, United States Code, 


kjohnson on DSK79L0C42PROD with BILLS
19 

•S 600 IS

1 is amended by inserting ‘‘(but does not include an oper2 ator of civil unmanned aircraft systems)’’ before the pe3 riod at the end. 

4 (d) STATE AUTHORIZATION FOR THE INTRASTATE

5 CARRIAGE OF PROPERTY.—A State may not be prohibited 

6 from issuing an authorization (and the Federal Govern7 ment may not require a Federal authorization) for the car8 riage of property by a commercial operator of a civil un9 manned aircraft that is operating in intrastate commerce 

10 if the civil unmanned aircraft is only authorized by the 

11 State to operate— 

12 (1) within the immediate reaches of airspace; 

13 and 

14 (2) within the lateral boundaries of the State. 

15 SEC. 8. DESIGNATION OF CERTAIN COMPLEX AIRSPACE. 

16 (a) PROCESS FOR DESIGNATION.— 

17 (1) IN GENERAL.—Not later than 18 months 

18 after the date of enactment of this Act, the Sec19 retary of Transportation shall establish a process 

20 under which a State, local, or Tribal government 

21 may submit an application to the Administrator (in 

22 a form and manner determined appropriate by the 

23 Administrator) for the designation of an area as an 

24 area of ‘‘complex airspace.’’ Such process shall allow 

25 for individual or collective designations. 


kjohnson on DSK79L0C42PROD with BILLS
20 

•S 600 IS

1 (2) TIMEFRAME FOR DECISION.—Under the 

2 process established under paragraph (1), the Admin3 istrator shall approve or disapprove a complete ap4 plication for designation within 90 days of receiving 

5 the application. 

6 (3) REVIEW OF APPLICATION.—In reviewing an 

7 application for a designation under this section, the 

8 Administrator may deny the request if the State, 

9 local, or Tribal government does not have— 

10 (A) the financial resources to carry out the 

11 authority to be granted under the designation; 

12 or 

13 (B) the technological capabilities necessary 

14 to carry out the authority granted to the State 

15 under the designation. 

16 (4) DENIAL OF APPLICATION.—If the Adminis17 trator denies an application for a designation under 

18 this section, the Administrator shall provide the 

19 State, local, or Tribal government with— 

20 (A) a detailed description of the reasons 

21 for the denial; and 

22 (B) recommendations for changes that the 

23 State can make to correct the deficiencies in 

24 their application. 


kjohnson on DSK79L0C42PROD with BILLS
21 

•S 600 IS

1 (5) APPROVAL OF APPLICATION.—If the Ad2 ministrator approves an application for a designation 

3 under this section, the Administrator shall, upon the 

4 request of the State, local, or Tribal government, 

5 enter into a written agreement with the State, local, 

6 or Tribal government (which may be in the form of 

7 a memorandum of understanding) under which the 

8 Administrator may assign, and the State, local, or 

9 Tribal government may assume, one or more of the 

10 responsibilities of the Administrator with respect to 

11 the management of civil unmanned aircraft oper12 ations within the area that has been so designated. 

13 (b) AGREEMENTS.— 

14 (1) STATE, LOCAL, OR TRIBAL GOVERNMENT

15 RESPONSIBILITIES UNDER AGREEMENT.—If a State, 

16 local, or Tribal government enters into an agreement 

17 with the Administrator under subsection (a)(5), the 

18 State, local, or Tribal government shall be solely re19 sponsible, and solely liable, for carrying out the re20 sponsibilities assumed in the agreement until the 

21 agreement is terminated. 

22 (2) TERMINATION BY STATE, LOCAL, OR TRIB23 AL GOVERNMENT.—A State, local, or Tribal govern24 ment may terminate an agreement with the Admin25 istrator under subsection (a)(5) if the State, local, or 


kjohnson on DSK79L0C42PROD with BILLS
22 

•S 600 IS

1 Tribal government provides the Administrator 90 

2 days of notice. 

3 (3) TERMINATION BY ADMINISTRATOR.—The 

4 Administrator may terminate an agreement with a 

5 State, local, or Tribal government under subsection 

6 (a)(5) if— 

7 (A) the Administrator determines that the 

8 State, local, or Tribal government is not ade9 quately carrying out the responsibilities as10 signed under the agreement; and 

11 (B) the Administrator provides the State, 

12 local, or Tribal government with— 

13 (i) written notification of a determina14 tion of noncompliance with the responsibil15 ities assigned under the agreement; and 

16 (ii) a period of not less than 180 days 

17 for the State, local, or Tribal government 

18 to take such corrective actions as the Ad19 ministrator determines necessary to comply 

20 with the responsibilities assigned under the 

21 agreement. 

22 (c) COMPLEX AIRSPACE DEFINED.—In this section, 

23 the term ‘‘complex airspace’’ means an area of airspace 

24 that— 

25 (1) is at least 200 feet above ground level; and 


kjohnson on DSK79L0C42PROD with BILLS
23 

•S 600 IS

1 (2) includes one or more structures that have a 

2 height that exceeds 200 feet above ground level. 

3 SEC. 9. IMPROVEMENTS TO PLAN FOR FULL OPERATIONAL 

4 CAPABILITY OF UNMANNED AIRCRAFT SYS5 TEMS TRAFFIC MANAGEMENT. 

6 Section 376 of the FAA Reauthorization Act of 2018 

7 (Public Law 115–254) is amended— 

8 (1) in subsection (b), by adding at the end the 

9 following new paragraph: 

10 ‘‘(4) Permit the testing of a State, local, or 

11 Tribal government’s time, place, and manner restric12 tions within the immediate reaches of airspace (as 

13 defined in section 2 of the Drone Integration and 

14 Zoning Act).’’; 

15 (2) in subsection (c)— 

16 (A) in paragraph (2), by striking ‘‘industry 

17 and government’’ and inserting ‘‘industry, the 

18 Federal Government, and State, local, or Tribal 

19 governments’’; 

20 (B) in paragraph (3)(G), by striking ‘‘and’’ 

21 at the end; 

22 (C) in paragraph (4)(C), by striking the 

23 period at the end and inserting a semicolon; 

24 and 


kjohnson on DSK79L0C42PROD with BILLS
24 

•S 600 IS

1 (D) by adding at the end the following new 

2 paragraphs: 

3 ‘‘(5) establish a plan for collaboration and co4 ordination with a State, local, or Tribal govern5 ment’s management of unmanned aircraft systems 

6 within the immediate reaches of airspace (as defined 

7 in section 2 of the Drone Integration and Zoning 

8 Act); and 

9 ‘‘(6) establish a process for the interoperability 

10 and sharing of data between Federal Government, 

11 State, local, or Tribal government, and private sec12 tor UTM services.’’; 

13 (3) in subsection (d)— 

14 (A) in paragraph (2)(J), by striking ‘‘and’’ 

15 at the end; 

16 (B) in paragraph (3), by striking the pe17 riod at the end and inserting ‘‘; and’’; and 

18 (C) by adding at the end the following new 

19 paragraph: 

20 ‘‘(4) shall consult with State, local, and Tribal 

21 governments.’’; and 

22 (4) in subsection (g), by inserting ‘‘and State, 

23 local, and Tribal governments’’ after ‘‘Federal agen24 cies’’. 


kjohnson on DSK79L0C42PROD with BILLS
25 

•S 600 IS

1 SEC. 10. UPDATES TO RULES REGARDING SMALL UN2 MANNED AIRCRAFT SAFETY STANDARDS. 

3 Section 44805 of title 49, United States Code, is 

4 amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (3), by striking ‘‘and’’ at 

7 the end; 

8 (B) in paragraph (4), by striking the pe9 riod at the end and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following new 

11 paragraph: 

12 ‘‘(5) ensuring that no State is prohibited from 

13 requiring additional equipage for a small unmanned 

14 aircraft system so long as such small unmanned air15 craft system is solely authorized to operate in the 

16 immediate reaches of airspace (as defined in section 

17 2 of the Drone Integration and Zoning Act) and the 

18 lateral boundaries of a State.’’; 

19 (2) in subsection (e), in the matter preceding 

20 paragraph (1), by striking ‘‘may’’ and inserting 

21 ‘‘shall’’; 

22 (3) in subsection (j), by striking ‘‘may’’ and in23 serting ‘‘shall’’; and 

24 (4) by adding at the end the following new sub25 section: 


kjohnson on DSK79L0C42PROD with BILLS
26 

•S 600 IS

1 ‘‘(k) REQUIREMENTS FOR ACCEPTING RISK-BASED

2 CONSENSUS SAFETY STANDARDS.— 

3 ‘‘(1) COST-BENEFIT ANALYSIS.—The Adminis4 trator shall not accept a risk-based consensus safety 

5 standard under subsection (a)(1) unless the Admin6 istrator has first conducted a cost-benefit analysis 

7 and certified that the benefit of the safety standard 

8 substantially outweighs the costs to the manufac9 turer and consumer. 

10 ‘‘(2) MUST BE ESSENTIAL.—The Administrator 

11 shall not accept a risk-based consensus safety stand12 ard under subsection (a)(1) unless the Administrator 

13 determines that the safety standard is essential for 

14 small unmanned aircraft systems to operate safely in 

15 the Unmanned Traffic Management (UTM) Sys16 tem.’’. 

17 SEC. 11. RULES OF CONSTRUCTION. 

18 (a) IN GENERAL.—Subject to subsection (b), nothing 

19 in this Act may be construed to— 

20 (1) diminish or expand the preemptive effect of 

21 the authority of the Federal Aviation Administration 

22 with respect to manned aviation; or 

23 (2) affect the civil or criminal jurisdiction of— 

24 (A) any Indian Tribe relative to any State 

25 or local government; or 


kjohnson on DSK79L0C42PROD with BILLS
27 

•S 600 IS

1 (B) any State or local government relative 

2 to any Indian Tribe. 

3 (b) ENFORCEMENT ACTIONS.—Nothing in subsection 

4 (a) may be construed to limit the authority of the Admin5 istrator to pursue enforcement actions against persons op6 erating civil unmanned aircraft systems who endanger the 

7 safety of the navigable airspace, airport operations, air 

8 navigation facilities, air traffic control systems, or other 

9 components of the national airspace system that facilitate 

10 the safe and efficient operation of civil, commercial, or 

11 military aircraft within the United States. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS