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 pur- poses. 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Drone Integration and Zoning Act’’. 5 (b) TABLE OF CONTENTS.—The table of contents of 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. VerDate Sep 11 2014 21:54 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S600.IS S600 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 air- craft systems traffic management. Sec. 10. Updates to rules regarding small unmanned aircraft safety standards. Sec. 11. Rules of construction. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) ADMINISTRATOR.—The term ‘‘Adminis- 3 trator’’ means the Administrator of the Federal 4 Aviation Administration. 5 (2) CIVIL.—The term ‘‘civil’’, with respect to an 6 unmanned aircraft system, means that the un- 7 manned aircraft is not a public aircraft (as defined 8 in section 40102 of title 49, United States Code). 9 (3) COMMERCIAL OPERATOR.—The term ‘‘com- 10 mercial operator’’ means a person who operates a 11 civil unmanned aircraft system for commercial pur- 12 poses. 13 (4) IMMEDIATE REACHES OF AIRSPACE.—The 14 term ‘‘immediate reaches of airspace’’ means, with 15 respect to the operation of a civil unmanned aircraft 16 system, any area within 200 feet above ground level. 17 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 18 has the meaning given that term in section 4 of the 19 VerDate Sep 11 2014 21:54 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S600.IS S600 kjohnson on DSK79L0C42PROD with BILLS 3 •S 600 IS Indian Self-Determination and Education Assistance 1 Act (25 U.S.C. 5304). 2 (6) LOCAL GOVERNMENT.—The term ‘‘local’’, 3 with respect to a government, means the government 4 of a subdivision of a State. 5 (7) STATE.—The term ‘‘State’’ means each of 6 the 50 States, the District of Columbia, and the ter- 7 ritories and possessions of the United States. 8 (8) TRIBAL GOVERNMENT.—The term ‘‘Tribal’’, 9 with respect to a government, means the governing 10 body of an Indian Tribe. 11 (9) UNMANNED AIRCRAFT; UNMANNED AIR- 12 CRAFT SYSTEM.—The terms ‘‘unmanned aircraft’’ 13 and ‘‘unmanned aircraft system’’ have the meanings 14 given those terms in section 331 of the FAA Mod- 15 ernization and Reform Act of 2012 (Public Law 16 112–95; 49 U.S.C. 40101 note). 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 in- 21 tended to be used for the take-off or landing of civil 22 unmanned aircraft systems operated by a commer- 23 cial operator. 24 VerDate Sep 11 2014 21:54 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S600.IS S600 kjohnson on DSK79L0C42PROD with BILLS 4 •S 600 IS SEC. 3. FEDERAL AVIATION ADMINISTRATION UPDATES TO 1 NAVIGABLE AIRSPACE. 2 (a) DEFINITION.—Paragraph (32) of section 40102 3 of title 49, United States Code, is amended by adding at 4 the end the following new sentence: ‘‘In applying such 5 term to the regulation of civil unmanned aircraft systems, 6 such term shall not include the area within the immediate 7 reaches of airspace (as defined in section 2 of Drone Inte- 8 gration and Zoning Act).’’. 9 (b) RULEMAKING.— 10 (1) IN GENERAL.—The Administrator shall con- 11 duct a rulemaking proceeding to update the defini- 12 tion of ‘‘navigable airspace’’. 13 (2) CONSULTATION.—In conducting the rule- 14 making proceeding under paragraph (1), the Admin- 15 istrator shall consult with appropriate State, local, 16 or Tribal officials. 17 (c) DESIGNATION REQUIREMENT.—In conducting 18 the rulemaking proceeding under subsection (b), the Ad- 19 ministrator shall designate the area between 200 feet and 20 400 feet above ground level— 21 (1) for use of civil unmanned aircraft systems 22 under the exclusive authority of the Administrator; 23 and 24 VerDate Sep 11 2014 21:54 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S600.IS S600 kjohnson on DSK79L0C42PROD with BILLS 5 •S 600 IS (2) for use by both commercial operators or 1 hobbyists and recreational unmanned aircraft sys- 2 tems, under rules established by the Administrator. 3 (d) FINAL RULE.—Not later than 1 year after the 4 date of enactment of this Act, the Administrator shall 5 issue a final rule pursuant to the rulemaking conducted 6 under subsection (b). 7 (e) RULES OF CONSTRUCTION.—Nothing in this sec- 8 tion may be construed to— 9 (1) prohibit the Administrator from promul- 10 gating regulations related to the operation of un- 11 manned aircraft systems at more than 400 feet 12 above ground level; or 13 (2) diminish or expand the preemptive effect of 14 the authority of the Federal Aviation Administration 15 with respect to manned aviation. 16 SEC. 4. PRESERVATION OF STATE, LOCAL, AND TRIBAL AU- 17 THORITIES WITH RESPECT TO CIVIL UN- 18 MANNED AIRCRAFT SYSTEMS. 19 (a) FINDINGS; SENSE OF CONGRESS.— 20 (1) FINDINGS.—Congress finds the following: 21 (A) Using its constitutional authority to 22 regulate commerce among the States, Congress 23 granted the Federal Government authority over 24 VerDate Sep 11 2014 21:54 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S600.IS S600 kjohnson on DSK79L0C42PROD with BILLS 6 •S 600 IS all of the navigable airspace in the United 1 States in order to foster air commerce. 2 (B) While the regulation of the navigable 3 airspace is within the Federal Government’s do- 4 main, the Supreme Court recognized in United 5 States v. Causby, 328 U.S. 256 (1946), that 6 the Federal Government’s regulatory authority 7 is limited by the property rights possessed by 8 landowners over the exclusive control of the im- 9 mediate reaches of their airspace. 10 (C) As a sovereign government, a State 11 possesses police powers, which include the 12 power to protect the property rights of its citi- 13 zens. 14 (D) The proliferation of low-altitude oper- 15 ations of unmanned aircraft systems has cre- 16 ated a conflict between the responsibility of the 17 Federal Government to regulate the navigable 18 airspace and the inherent sovereign police 19 power possessed by the States to protect the 20 property rights of their citizens. 21 (2) SENSE OF CONGRESS.—It is the sense of 22 Congress that— 23 (A) in order for landowners to have full en- 24 joyment and use of their land, they must have 25 VerDate Sep 11 2014 21:54 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S600.IS S600 kjohnson on DSK79L0C42PROD with BILLS 7 •S 600 IS exclusive control of the immediate reaches of 1 airspace over their property; 2 (B) the States possess sovereign police 3 powers, which include the power to regulate 4 land use, protect property rights, and exercise 5 zoning authority; and 6 (C) the Federal Government lacks the au- 7 thority to intrude upon a State’s sovereign right 8 to issue reasonable time, manner, and place re- 9 strictions on the operation of unmanned air- 10 craft systems operating within the immediate 11 reaches of airspace. 12 (b) REQUIREMENTS RELATED TO REGULATIONS AND 13 STANDARDS.— 14 (1) IN GENERAL.—In prescribing regulations or 15 standards related to civil unmanned aircraft sys- 16 tems, the following shall apply: 17 (A) The Administrator shall not authorize 18 the operation of a civil unmanned aircraft in 19 the immediate reaches of airspace above prop- 20 erty without permission of the property owner. 21 (B) Subject to paragraph (2), in the case 22 of a structure that exceeds 200 feet above 23 ground level, the Administrator shall not au- 24 VerDate 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 thorize the operation of a civil unmanned air- 1 craft— 2 (i) within 50 feet of the top of such 3 structure; or 4 (ii) within 200 feet laterally of such 5 structure or inside the property line of 6 such structure’s owner, whichever is closer 7 to such structure. 8 (C) The Administrator shall not authorize 9 the physical contact of a civil unmanned air- 10 craft, including such aircraft’s take-off or land- 11 ing, with a structure that exceeds 200 feet 12 above ground level without permission of the 13 structure’s owner. 14 (D) The Administrator shall ensure that 15 the authority of a State, local, or Tribal govern- 16 ment to issue reasonable restrictions on the 17 time, manner, and place of operation of a civil 18 unmanned aircraft system that is operated 19 below 200 feet above ground level is not pre- 20 empted. 21 (2) EXCEPTION.—The limitation on the oper- 22 ation of a civil unmanned aircraft under paragraph 23 (1)(B) shall not apply if— 24 VerDate Sep 11 2014 21:54 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S600.IS S600 kjohnson on DSK79L0C42PROD with BILLS 9 •S 600 IS (A) the operator of such aircraft has the 1 permission of the structure’s owner; 2 (B) such aircraft is being operated directly 3 within or above an authorized public right of 4 way; or 5 (C) such aircraft is being operated on an 6 authorized commercial route designated under 7 subsection (c). 8 (3) REASONABLE RESTRICTIONS.—For pur- 9 poses of paragraph (1)(D), reasonable restrictions 10 on the time, manner, and place of operation of a 11 civil unmanned aircraft system include the following: 12 (A) Specifying limitations on speed of 13 flight over specified areas. 14 (B) Prohibitions or limitations on oper- 15 ations in the vicinity of schools, parks, road- 16 ways, bridges, moving locations, or other public 17 or private property. 18 (C) Restrictions on operations at certain 19 times of the day or week or on specific occa- 20 sions such as parades or sporting events, in- 21 cluding sporting events that do not remain in 22 one location. 23 VerDate Sep 11 2014 21:54 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S600.IS S600 kjohnson on DSK79L0C42PROD with BILLS 10 •S 600 IS (D) Prohibitions on careless or reckless op- 1 erations, including operations while the operator 2 is under the influence of alcohol or drugs. 3 (E) Other prohibitions that protect public 4 safety, personal privacy, or property rights, or 5 that manage land use or restrict noise pollution. 6 (c) DESIGNATION OF AUTHORIZED COMMERCIAL 7 ROUTES.— 8 (1) IN GENERAL.—For purposes of subsection 9 (b)(2)(C), not later than 18 months after the date 10 of enactment of this Act, the Administrator shall es- 11 tablish a process for the designation of routes as au- 12 thorized commercial routes. No area within 200 feet 13 above ground level may be included in a designated 14 authorized commercial route. 15 (2) APPLICATION.—Under the process estab- 16 lished under paragraph (1), applicants shall submit 17 an application for such a designation in a form and 18 manner determined appropriate by the Adminis- 19 trator. 20 (3) TIMEFRAME FOR DECISION.—Under the 21 process established under paragraph (1), the Admin- 22 istrator shall approve or disapprove a complete ap- 23 plication for designation within 90 days of receiving 24 the application. 25 VerDate Sep 11 2014 21:54 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S600.IS S600 kjohnson on DSK79L0C42PROD with BILLS 11 •S 600 IS (4) CONSULTATION.—In reviewing an applica- 1 tion for the designation of an area under this sub- 2 section, the Administrator shall consult with and 3 heavily weigh the views of— 4 (A) the applicable State, local, or Tribal 5 government that has jurisdiction over the oper- 6 ation of unmanned aircraft in the area below 7 the area to be designated; 8 (B) owners of structures who would be af- 9 fected by the designation of a route as an au- 10 thorized commercial route; and 11 (C) commercial unmanned aircraft opera- 12 tors. 13 (5) DENIAL OF APPLICATION.—If the Adminis- 14 trator denies an application for a designation under 15 this subsection, the Administrator shall provide the 16 applicant with— 17 (A) a detailed description of the reasons 18 for the denial; and 19 (B) recommendations for changes that the 20 applicant can make to correct the deficiencies in 21 their application. 22 (6) APPROVAL OF APPLICATION.—If the Ad- 23 ministrator approves an application for a designation 24 under this subsection, the Administrator shall clearly 25 VerDate Sep 11 2014 21:54 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S600.IS S600 kjohnson on DSK79L0C42PROD with BILLS 12 •S 600 IS describe the boundaries of the designated authorized 1 commercial route and any applicable limitations for 2 operations on the route. 3 (7) DELEGATION.—The Administrator may del- 4 egate the authority to designate authorized commer- 5 cial routes under this subsection to a State, local, or 6 Tribal government that has entered into an agree- 7 ment with the Administrator under section 8 with 8 respect to an area designated as complex airspace. 9 (d) RULES OF CONSTRUCTION.—(1) Nothing in this 10 section may be construed to permit a State, local, or Trib- 11 al government to issue restrictions, or a combination of 12 restrictions, that would create a significant safety hazard 13 in the navigable airspace, airport operations, air naviga- 14 tion facilities, air traffic control systems, or other compo- 15 nents of the national airspace system that facilitate the 16 safe and efficient operation of civil, commercial, [Text truncated for display. 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