I 118th CONGRESS 1st Session H. R. 3958 IN THE HOUSE OF REPRESENTATIVES June 9, 2023 Mr. D'Esposito (for himself and Mr. Stanton ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Administrator of the Federal Aviation Administration to publish guidance and implementation procedures for unmanned aircraft systems with respect to environmental reviews, and for other purposes.

1. Environmental review relating to unmanned aircraft systems (a) Guidance updates Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall publish unmanned aircraft system-specific guidance and implementation procedures. Such guidance and implementation procedures shall— (1) provide guidance to streamline environmental assessments at a programmatic level, as the Administrator considers appropriate, for an unmanned aircraft system operator’s network of operations within a defined geographical region, including within and over approved commercial or industrial sites closed or restricted to the public; (2) provide guidance for nationwide programmatic approaches for large scale distributed unmanned aircraft system operations whereby a Programmatic Environmental Assessment or Environmental Impact Statement can be leveraged for subsequent related actions to ensure efficient environmental review; (3) consider additional Categorical Exclusions based on previously prepared and finalized Environmental Assessments or in consultation with the Council on Environmental Quality; (4) prioritize proposed projects or activities that can be shown to— (A) offset or limit the impacts of non-zero emission activities; (B) offset or limit the release of environmental pollutants to soil or water; or (C) contain other factors to the benefit of the environment as determined by the Administrator; (5) contain intra-agency process improvements to avoid providing conflicting safety and environmental feedback to operators; (6) contain standards and criteria for engaging specialized third parties to support the Administration’s preparation and review of documentation relating to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) to ensure streamlined timelines for complex reviews; and (7) any other modifications the Administrator considers necessary within the stated environmental objectives of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and the Federal priority to maintain global leadership in aviation innovation. (b) Briefing No later than 90 days after the date of enactment of this Act, the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the plan of the Administration to implement subsection (b), including each of the considerations specified in the subsection, and an explanation for any consideration the Administrator does not intend to implement. (c) Concurrent reviews If the Administrator determines that the review of an unmanned aircraft system’s design, construction, maintenance and operational sustainability, airworthiness approval, or operational approval requires environmental assessment, including requirements under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), the Administrator shall, to the maximum extent practicable, conduct such reviews and analyses concurrent with one another. (d) Rule of construction Nothing in this section shall be construed as prohibiting, restricting or otherwise limiting the authority of the Secretary of Transportation or the Administrator from implementing or complying with the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and any related requirements to ensure the protection of the environment and aviation safety. (e) Associated UAS certification standards (1) In general The Administrator shall develop and establish substantive criteria and standards metrics used by the Administrator to determine whether to approve or disapprove the airworthiness of an unmanned aircraft pursuant to part 36 of title 14, Code of Federal Regulations. (2) Substantive criteria and standards metrics In establishing the substantive criteria and standards metrics as required under paragraph (1), the Administrator shall include such criteria and metrics related to the airworthiness of unmanned aircraft for the following: (A) Noise impacts. (B) Visual impacts. (3) Publication The Administrator shall publish in the Federal Register and post on a website of the Federal Aviation Administration the criteria and metrics established pursuant to paragraph (1). (f) Definition of unmanned aircraft system In this section, the term unmanned aircraft system has the meaning given such term in section 44801 of title 49, United States Code.