II 

118TH CONGRESS 

1ST SESSION S. 905 

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 21, 2023 

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. 


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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 44801 


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1 of title 49, United States Code (as added by section 

2 3(a)(1)). 

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

4 government’’ means the government of a subdivision 

5 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 government’’ means the governing body of an Indian 

11 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 44801 of title 49, 

16 United States Code. 

17 (10) UNMANNED AIRCRAFT TAKE-OFF AND

18 LANDING ZONE.—The term ‘‘unmanned aircraft 

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

20 of land or water, or other designation for use or in21 tended to be used for the take-off or landing of civil 

22 unmanned aircraft systems operated by a commer23 cial operator. 


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1 SEC. 3. FEDERAL AVIATION ADMINISTRATION UPDATES TO 

2 NAVIGABLE AIRSPACE. 

3 (a) DEFINITION.— 

4 (1) IMMEDIATE REACHES OF AIRSPACE DEFINI5 TION.—Section 44801 of title 49, United States 

6 Code, is amended by adding at the end the following 

7 new paragraph: 

8 ‘‘(14) IMMEDIATE REACHES OF AIRSPACE.— 

9 The term ‘immediate reaches of airspace’ means, 

10 with respect to the operation of a civil unmanned 

11 aircraft system, any area within 200 feet above 

12 ground level.’’. 

13 (2) NAVIGABLE AIRSPACE DEFINITION.—Para14 graph (32) of section 40102 of title 49, United 

15 States Code, is amended by adding at the end the 

16 following new sentence: ‘‘In applying such term to 

17 the regulation of civil unmanned aircraft systems, 

18 such term shall not include the area within the im19 mediate reaches of airspace (as defined in section 

20 44801).’’. 

21 (b) RULEMAKING.— 

22 (1) IN GENERAL.—The Administrator shall con23 duct a rulemaking proceeding to update the defini24 tion of ‘‘navigable airspace’’. 

25 (2) CONSULTATION.—In conducting the rule26 making proceeding under paragraph (1), the AdminVerDate Sep 11 2014 02:40 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S905.IS S905

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1 istrator shall consult with appropriate State, local, 

2 or Tribal government officials. 

3 (c) DESIGNATION REQUIREMENT.—In conducting 

4 the rulemaking proceeding under subsection (b), the Ad5 ministrator shall designate the area between 200 feet and 

6 400 feet above ground level— 

7 (1) for use of civil unmanned aircraft systems 

8 under the exclusive authority of the Administrator; 

9 and 

10 (2) for use by both commercial operators or 

11 hobbyists and recreational unmanned aircraft sys12 tems, under rules established by the Administrator. 

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

14 date of enactment of this Act, the Administrator shall 

15 issue a final rule pursuant to the rulemaking conducted 

16 under subsection (b). 

17 (e) RULES OF CONSTRUCTION.—Nothing in this sec18 tion may be construed to— 

19 (1) prohibit the Administrator from promul20 gating regulations related to the operation of un21 manned aircraft systems at more than 400 feet 

22 above ground level; or 

23 (2) diminish or expand the preemptive effect of 

24 the authority of the Federal Aviation Administration 

25 with respect to manned aviation. 


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1 SEC. 4. PRESERVATION OF STATE, LOCAL, AND TRIBAL AU2 THORITIES WITH RESPECT TO CIVIL UN3 MANNED AIRCRAFT SYSTEMS. 

4 (a) FINDINGS; SENSE OF CONGRESS.— 

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

6 (A) Using its constitutional authority to 

7 regulate commerce among the States, Congress 

8 granted the Federal Government authority over 

9 all of the navigable airspace in the United 

10 States in order to foster air commerce. 

11 (B) While the regulation of the navigable 

12 airspace is within the Federal Government’s do13 main, the Supreme Court recognized in United 

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

15 the Federal Government’s regulatory authority 

16 is limited by the property rights possessed by 

17 landowners over the exclusive control of the im18 mediate reaches of their airspace. 

19 (C) As a sovereign government, a State 

20 possesses police powers, which include the 

21 power to protect the property rights of its citi22 zens. 

23 (D) The proliferation of low-altitude oper24 ations of unmanned aircraft systems has cre25 ated a conflict between the responsibility of the 

26 Federal Government to regulate the navigable 


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1 airspace and the inherent sovereign police 

2 power possessed by the States to protect the 

3 property rights of their citizens. 

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

5 Congress that— 

6 (A) in order for landowners to have full en7 joyment and use of their land, they must have 

8 exclusive control of the immediate reaches of 

9 airspace over their property; 

10 (B) the States possess sovereign police 

11 powers, which include the power to regulate 

12 land use, protect property rights, and exercise 

13 zoning authority; and 

14 (C) the Federal Government lacks the au15 thority to intrude upon a State’s sovereign right 

16 to issue reasonable time, manner, and place re17 strictions on the operation of unmanned air18 craft systems operating within the immediate 

19 reaches of airspace. 

20 (b) REQUIREMENTS RELATED TO REGULATIONS AND

21 STANDARDS.— 

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

23 standards related to civil unmanned aircraft sys24 tems, the following shall apply: 


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1 (A) The Administrator shall not authorize 

2 the operation of a civil unmanned aircraft in 

3 the immediate reaches of airspace above prop4 erty without permission of the property owner. 

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

6 of a structure that exceeds 200 feet above 

7 ground level, the Administrator shall not au8 thorize the operation of a civil unmanned air9 craft— 

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

11 structure; or 

12 (ii) within 200 feet laterally of such 

13 structure or inside the property line of 

14 such structure’s owner, whichever is closer 

15 to such structure. 

16 (C) The Administrator shall not authorize 

17 the physical contact of a civil unmanned air18 craft, including such aircraft’s take-off or land19 ing, with a structure that exceeds 200 feet 

20 above ground level without permission of the 

21 structure’s owner. 

22 (D) The Administrator shall ensure that 

23 the authority of a State, local, or Tribal govern24 ment to issue reasonable restrictions on the 

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


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1 unmanned aircraft system that is operated 

2 below 200 feet above ground level is not pre3 empted. 

4 (2) EXCEPTION.—The limitation on the oper5 ation of a civil unmanned aircraft under paragraph 

6 (1)(B) shall not apply if— 

7 (A) the operator of such aircraft has the 

8 permission of the structure’s owner; 

9 (B) such aircraft is being operated directly 

10 within or above an authorized public right of 

11 way; or 

12 (C) such aircraft is being operated on an 

13 authorized commercial route designated under 

14 subsection (c). 

15 (3) REASONABLE RESTRICTIONS.—For pur16 poses of paragraph (1)(D), reasonable restrictions 

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

18 civil unmanned aircraft system include the following: 

19 (A) Specifying limitations on speed of 

20 flight over specified areas. 

21 (B) Prohibitions or limitations on oper22 ations in the vicinity of schools, parks, road23 ways, bridges, moving locations, or other public 

24 or private property. 


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1 (C) Restrictions on operations at certain 

2 times of the day or week or on specific occa3 sions such as parades or sporting events, in4 cluding sporting events that do not remain in 

5 one location. 

6 (D) Prohibitions on careless or reckless op7 erations, including operations while the operator 

8 is under the influence of alcohol or drugs. 

9 (E) Other prohibitions that protect public 

10 safety, personal privacy, or property rights, or 

11 that manage land use or restrict noise pollution. 

12 (c) DESIGNATION OF AUTHORIZED COMMERCIAL

13 ROUTES.— 

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

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

16 of enactment of this Act, the Administrator shall es17 tablish a process for the designation of routes as au18 thorized commercial routes. No area within 200 feet 

19 above ground level may be included in a designated 

20 authorized commercial route. 

21 (2) APPLICATION.—Under the process estab22 lished under paragraph (1), applicants shall submit 

23 an application for such a designation in a form and 

24 manner determined appropriate by the Adminis25 trator. 


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1 (3) 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 (4) CONSULTATION.—In reviewing an applica7 tion for the designation of an area under this sub8 section, the Administrator shall consult with and 

9 heavily weigh the views of— 

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

11 government that has jurisdiction over the oper12 ation of unmanned aircraft in the area below 

13 the area to be designated; 

14 (B) owners of structures who would be af15 fected by the designation of a route as an au16 thorized commercial route; and 

17 (C) commercial unmanned aircraft opera18 tors. 

19 (5) DENIAL OF APPLICATION.—If the Adminis20 trator denies an application for a designation under 

21 this subsection, the Administrator shall provide the 

22 applicant with— 

23 (A) a detailed description of the reasons 

24 for the denial; and 


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1 (B) recommendations for changes that the 

2 applicant can make to correct the deficiencies in 

3 their application. 

4 (6) APPROVAL OF APPLICATION.—If the Ad5 ministrator approves an application for a designation 

6 under this subsection, the Administrator shall clearly 

7 describe the boundaries of the designated authorized 

8 commercial route and any applicable limitations for 

9 operations on the route. 

10 (7) DELEGATION.—The Administrator may del11 egate the authority to designate authorized commer12 cial routes under this subsection to a State, local, or 

13 Tribal government that has entered into an agree14 ment with the Administrator under section 8 with 

15 respect to an area designated as complex airspace. 

16 (d) RULES OF CONSTRUCTION.— 

17 (1) SAFETY HAZARD.—Nothing in this section 

18 may be construed to permit a State, local, or Tribal 

19 government to issue restrictions, or a combination of 

20 restrictions, that would create a significant safety 

21 hazard in the navigable airspace, airport operations, 

22 air navigation facilities, air traffic control systems, 

23 or other components of the national airspace system 

24 that facilitate the safe and efficient operation of 


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1 civil, commercial, or military aircraft within the 

2 United States. 

3 (2) CAUSE OF ACTION.—Nothing in this section 

4 may be construed to prohibit a property owner or 

5 the owner of a structure with a height that exceeds 

6 200 feet above ground level from pursuing any avail7 able cause of action under State law related to un8 manned aircraft operations above 200 feet above 

9 ground level. 

10 SEC. 5. PRESERVATION OF LOCAL ZONING AUTHORITY FOR 

11 UNMANNED AIRCRAFT TAKE-OFF AND LAND12 ING ZONES. 

13 (a) GENERAL AUTHORITY.—Subject to the suc14 ceeding provisions of this section, nothing in this Act shall 

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

16 government over decisions regarding the designation, 

17 placement, construction, or modification of an unmanned 

18 aircraft take-off and landing zone. 

19 (b) NONDISCRIMINATION.—The regulation of the 

20 designation, placement, construction, or modification of an 

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

22 local, or Tribal government may not— 

23 (1) unreasonably discriminate among commer24 cial operators of unmanned aircraft systems; or 


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

2 commercial operator from operating an unmanned 

3 aircraft system. 

4 (c) APPLICATIONS.— 

5 (1) REQUIREMENT TO ACT.— 

6 (A) IN GENERAL.—A State, local, or Trib7 al government shall act on any complete appli8 cation for authorization to designate, place, 

9 construct, or modify an unmanned aircraft 

10 take-off and landing zone within 60 days of re11 ceiving such application. 

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

13 government denies an application for the des14 ignation, placement, construction, or modifica15 tion of an unmanned aircraft take-off and land16 ing zone, the State, local, or Tribal government 

17 shall, not later than 30 days after denying the 

18 application, submit to the commercial operator 

19 a written record that details— 

20 (i) the findings and substantial evi21 dence that serves as the basis for denying 

22 the application; and 

23 (ii) recommendations for how the 

24 commercial operator can address the rea25 sons for the application’s denial. 


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1 (2) FEES.—Notwithstanding any other provi2 sion of law, a State, local, or Tribal government may 

3 charge a fee to consider an application for the des4 ignation, placement, construction, or modification of 

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

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

7 owned or managed by the State, local, or Tribal gov8 ernment for the designation, placement, construc9 tion, or modification of an unmanned aircraft take10 off and landing zone, if the fee is— 

11 (A) competitively neutral, technologically 

12 neutral, and nondiscriminatory; and 

13 (B) publicly disclosed. 

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

15 subsection may be construed to prevent any State, 

16 local, or Tribal government from imposing any addi17 tional limitation or requirement relating to consider18 ation by the State, local, or Tribal government of an 

19 application for the designation, placement, construc20 tion, or modification of an unmanned aircraft take21 off and landing zone. 

22 (d) JUDICIAL REVIEW.—Any person adversely af23 fected by any final action or failure to act by a State, local, 

24 or Tribal government that is inconsistent with this section 

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1 mence an action in any court of competent jurisdiction, 

2 which shall hear and decide the action on an expedited 

3 basis. 

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

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

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

7 SEC. 6. RIGHTS TO OPERATE. 

8 (a) PROHIBITION.— 

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

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

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

12 unreasonably or substantially impedes— 

13 (A) the ascent or descent of an unmanned 

14 aircraft system, operated by a commercial oper15 ator, to or from the navigable airspace in the 

16 furtherance of a commercial activity; or 

17 (B) a civil unmanned aircraft from reach18 ing navigable airspace where operations are per19 mitted. 

20 (2) UNREASONABLE OR SUBSTANTIAL IMPEDI21 MENT.—For purposes of paragraph (1), an unrea22 sonable or substantial impediment with respect to 

23 civil unmanned aircraft includes— 

24 (A) a complete and total ban on overflights 

25 of civil unmanned aircraft over the entirety of 


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1 airspace within a State, local, or Tribal govern2 ment’s jurisdiction; and 

3 (B) a combination of prohibitions or re4 strictions on overflights within airspace under a 

5 State, local, or Tribal government’s jurisdiction 

6 such that it is nearly impossible for civil un7 manned aircraft to reach the navigable air8 space. 

9 (b) RULES OF CONSTRUCTION.—Nothing in sub10 section (a) may be construed to prohibit a State, local, 

11 or Tribal government from— 

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

13 rules, or standards that regulate unmanned aircraft 

14 systems below 200 feet above ground level; or 

15 (2) prescribing emergency procedures for a civil 

16 unmanned aircraft system descending into an area 

17 200 feet above ground level. 

18 SEC. 7. UPDATES TO RULES REGARDING THE COMMERCIAL 

19 CARRIAGE OF PROPERTY. 

20 (a) IMPROVING REGULATIONS.—Section 44808 of 

21 title 49, United States Code, is amended— 

22 (1) by redesignating subsection (b)(5) as sub23 section (c), and indenting appropriately; 

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

25 and (C) of subsection (c), as redesignated by paraVerDate Sep 11 2014 02:40 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S905.IS S905

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1 graph (1), as paragraphs (1), (2), and (3), respec2 tively, and indenting appropriately; 

3 (3) by redesignating subsection (b)(6) as sub4 section (d), and indenting appropriately; and 

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

6 adding at the end the following new paragraphs: 

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

8 shall not apply to the carriage of property by opera9 tors of small unmanned aircraft systems. 

10 ‘‘(6) Ensure that an operator of a small un11 manned aircraft system is not required to comply 

12 with any rules approved under this section if the op13 erator is operating solely under a State authoriza14 tion for the intrastate carriage of property for com15 pensation or hire. 

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

17 such an authorization are minimal so as to protect 

18 competition between market participants. 

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

20 contains requirements minimally necessary for safe 

21 operation and substantially outweigh the compliance 

22 costs for an applicant.’’. 

23 (b) CLARIFICATION REGARDING PREEMPTION.—Sec24 tion 41713(b) of title 49, United States Code, is amended 

25 by adding at the end the following new paragraph: 


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

2 CIVIL UNMANNED AIRCRAFT SYSTEM.—Paragraphs (1) 

3 and (4) shall not apply to the operation of a civil un4 manned aircraft system.’’. 

5 (c) EXCLUSION FROM DEFINITION OF AIR CAR6 RIER.—Section 40102(2) of title 49, United States Code, 

7 is amended by inserting ‘‘(but does not include an oper8 ator of civil unmanned aircraft systems)’’ before the pe9 riod at the end. 

10 (d) STATE AUTHORIZATION FOR THE INTRASTATE

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

12 from issuing an authorization (and the Federal Govern13 ment may not require a Federal authorization) for the car14 riage of property by a commercial operator of a civil un15 manned aircraft that is operating in intrastate commerce 

16 if the civil unmanned aircraft is only authorized by the 

17 State to operate— 

18 (1) within the immediate reaches of airspace; 

19 and 

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

21 SEC. 8. DESIGNATION OF CERTAIN COMPLEX AIRSPACE. 

22 (a) PROCESS FOR DESIGNATION.— 

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

24 after the date of enactment of this Act, the Sec25 retary of Transportation shall establish a process 


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1 under which a State, local, or Tribal government 

2 may submit an application to the Administrator (in 

3 a form and manner determined appropriate by the 

4 Administrator) for the designation of an area as an 

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

6 for individual or collective designations. 

7 (2) TIMEFRAME FOR DECISION.—Under the 

8 process established under paragraph (1), the Admin9 istrator shall approve or disapprove a complete ap10 plication for designation within 90 days of receiving 

11 the application. 

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

13 application for a designation under this section, the 

14 Administrator may deny the request if the State, 

15 local, or Tribal government does not have— 

16 (A) the financial resources to carry out the 

17 authority to be granted under the designation; 

18 or 

19 (B) the technological capabilities necessary 

20 to carry out the authority granted to the State 

21 under the designation. 

22 (4) DENIAL OF APPLICATION.—If the Adminis23 trator denies an application for a designation under 

24 this section, the Administrator shall provide the 

25 State, local, or Tribal government with— 


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1 (A) a detailed description of the reasons 

2 for the denial; and 

3 (B) recommendations for changes that the 

4 State can make to correct the deficiencies in 

5 their application. 

6 (5) APPROVAL OF APPLICATION.—If the Ad7 ministrator approves an application for a designation 

8 under this section, the Administrator shall, upon the 

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

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

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

12 a memorandum of understanding) under which the 

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

14 Tribal government may assume, one or more of the 

15 responsibilities of the Administrator with respect to 

16 the management of civil unmanned aircraft oper17 ations within the area that has been so designated. 

18 (b) AGREEMENTS.— 

19 (1) STATE, LOCAL, OR TRIBAL GOVERNMENT

20 RESPONSIBILITIES UNDER AGREEMENT.—If a State, 

21 local, or Tribal government enters into an agreement 

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

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1 sponsibilities assumed in the agreement until the 

2 agreement is terminated. 

3 (2) TERMINATION BY STATE, LOCAL, OR TRIB4 AL GOVERNMENT.—A State, local, or Tribal govern5 ment may terminate an agreement with the Admin6 istrator under subsection (a)(5) if the State, local, or 

7 Tribal government provides the Administrator 90 

8 days of notice. 

9 (3) TERMINATION BY ADMINISTRATOR.—The 

10 Administrator may terminate an agreement with a 

11 State, local, or Tribal government under subsection 

12 (a)(5) if— 

13 (A) the Administrator determines that the 

14 State, local, or Tribal government is not ade15 quately carrying out the responsibilities as16 signed under the agreement; and 

17 (B) the Administrator provides the State, 

18 local, or Tribal government with— 

19 (i) written notification of a determina20 tion of noncompliance with the responsibil21 ities assigned under the agreement; and 

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

23 for the State, local, or Tribal government 

24 to take such corrective actions as the Ad25 ministrator determines necessary to comply 


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1 with the responsibilities assigned under the 

2 agreement. 

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

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

5 that— 

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

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

8 height that exceeds 200 feet above ground level. 

9 SEC. 9. IMPROVEMENTS TO PLAN FOR FULL OPERATIONAL 

10 CAPABILITY OF UNMANNED AIRCRAFT SYS11 TEMS TRAFFIC MANAGEMENT. 

12 Section 376 of the FAA Reauthorization Act of 2018 

13 (Public Law 115–254) is amended— 

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

15 following new paragraph: 

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

17 Tribal government’s time, place, and manner restric18 tions within the immediate reaches of airspace (as 

19 defined in section 44801).’’; 

20 (2) in subsection (c)— 

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

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

23 Federal Government, and State, local, or Tribal 

24 governments’’; 


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

2 at the end; 

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

4 period at the end and inserting a semicolon; 

5 and 

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

7 paragraphs: 

8 ‘‘(5) establish a plan for collaboration and co9 ordination with a State, local, or Tribal govern10 ment’s management of unmanned aircraft systems 

11 within the immediate reaches of airspace (as defined 

12 in section 44801); and 

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

14 and sharing of data between Federal Government, 

15 State, local, or Tribal government, and private sec16 tor UTM services.’’; 

17 (3) in subsection (d)— 

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

19 at the end; 

20 (B) in paragraph (3), by striking the pe21 riod at the end and inserting ‘‘; and’’; and 

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

23 paragraph: 

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

25 governments.’’; and 


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

2 local, and Tribal governments’’ after ‘‘Federal agen3 cies’’. 

4 SEC. 10. UPDATES TO RULES REGARDING SMALL UN5 MANNED AIRCRAFT SAFETY STANDARDS. 

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

7 amended— 

8 (1) in subsection (a)— 

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

10 the end; 

11 (B) in paragraph (4), by striking the pe12 riod at the end and inserting ‘‘; and’’; and 

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

14 paragraph: 

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

16 requiring additional equipage for a small unmanned 

17 aircraft system so long as such small unmanned air18 craft system is solely authorized to operate in the 

19 immediate reaches of airspace (as defined in section 

20 44801) and the lateral boundaries of a State.’’; 

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

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

23 ‘‘shall’’; 

24 (3) in subsection (j), by striking ‘‘may’’ and in25 serting ‘‘shall’’; and 


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1 (4) by adding at the end the following new sub2 section: 

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

4 CONSENSUS SAFETY STANDARDS.— 

5 ‘‘(1) COST-BENEFIT ANALYSIS.—The Adminis6 trator shall not accept a risk-based consensus safety 

7 standard under subsection (a)(1) unless the Admin8 istrator has first conducted a cost-benefit analysis 

9 and certified that the benefit of the safety standard 

10 substantially outweighs the costs to the manufac11 turer and consumer. 

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

13 shall not accept a risk-based consensus safety stand14 ard under subsection (a)(1) unless the Administrator 

15 determines that the safety standard is essential for 

16 small unmanned aircraft systems to operate safely in 

17 the UTM.’’. 

18 SEC. 11. RULES OF CONSTRUCTION. 

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

20 in this Act may be construed to— 

21 (1) diminish or expand the preemptive effect of 

22 the authority of the Federal Aviation Administration 

23 with respect to manned aviation; or 

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


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1 (A) any Indian Tribe relative to any State 

2 or local government; or 

3 (B) any State or local government relative 

4 to any Indian Tribe. 

5 (b) ENFORCEMENT ACTIONS.—Nothing in subsection 

6 (a) may be construed to limit the authority of the Admin7 istrator to pursue enforcement actions against persons op8 erating civil unmanned aircraft systems who endanger the 

9 safety of the navigable airspace, airport operations, air 

10 navigation facilities, air traffic control systems, or other 

11 components of the national airspace system that facilitate 

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

13 military aircraft within the United States. 

Æ 


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