Drone Integration and Zoning Act

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 pur- poses. 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. 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 02:40 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S905.IS S905 kjohnson on DSK79L0C42PROD with BILLS 2 •S 905 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 44801 19 VerDate Sep 11 2014 02:40 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S905.IS S905 kjohnson on DSK79L0C42PROD with BILLS 3 •S 905 IS of title 49, United States Code (as added by section 1 3(a)(1)). 2 (6) LOCAL GOVERNMENT.—The term ‘‘local 3 government’’ means the government of a subdivision 4 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 government’’ means the governing body of an Indian 10 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 44801 of title 49, 15 United States Code. 16 (10) UNMANNED AIRCRAFT TAKE-OFF AND 17 LANDING ZONE.—The term ‘‘unmanned aircraft 18 take-off and landing zone’’ means a structure, area 19 of land or water, or other designation for use or in- 20 tended to be used for the take-off or landing of civil 21 unmanned aircraft systems operated by a commer- 22 cial operator. 23 VerDate Sep 11 2014 02:40 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S905.IS S905 kjohnson on DSK79L0C42PROD with BILLS 4 •S 905 IS SEC. 3. FEDERAL AVIATION ADMINISTRATION UPDATES TO 1 NAVIGABLE AIRSPACE. 2 (a) DEFINITION.— 3 (1) IMMEDIATE REACHES OF AIRSPACE DEFINI- 4 TION.—Section 44801 of title 49, United States 5 Code, is amended by adding at the end the following 6 new paragraph: 7 ‘‘(14) IMMEDIATE REACHES OF AIRSPACE.— 8 The term ‘immediate reaches of airspace’ means, 9 with respect to the operation of a civil unmanned 10 aircraft system, any area within 200 feet above 11 ground level.’’. 12 (2) NAVIGABLE AIRSPACE DEFINITION.—Para- 13 graph (32) of section 40102 of title 49, United 14 States Code, is amended by adding at the end the 15 following new sentence: ‘‘In applying such term to 16 the regulation of civil unmanned aircraft systems, 17 such term shall not include the area within the im- 18 mediate reaches of airspace (as defined in section 19 44801).’’. 20 (b) RULEMAKING.— 21 (1) IN GENERAL.—The Administrator shall con- 22 duct a rulemaking proceeding to update the defini- 23 tion of ‘‘navigable airspace’’. 24 (2) CONSULTATION.—In conducting the rule- 25 making proceeding under paragraph (1), the Admin- 26 VerDate Sep 11 2014 02:40 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S905.IS S905 kjohnson on DSK79L0C42PROD with BILLS 5 •S 905 IS istrator shall consult with appropriate State, local, 1 or Tribal government officials. 2 (c) DESIGNATION REQUIREMENT.—In conducting 3 the rulemaking proceeding under subsection (b), the Ad- 4 ministrator shall designate the area between 200 feet and 5 400 feet above ground level— 6 (1) for use of civil unmanned aircraft systems 7 under the exclusive authority of the Administrator; 8 and 9 (2) for use by both commercial operators or 10 hobbyists and recreational unmanned aircraft sys- 11 tems, under rules established by the Administrator. 12 (d) FINAL RULE.—Not later than 1 year after the 13 date of enactment of this Act, the Administrator shall 14 issue a final rule pursuant to the rulemaking conducted 15 under subsection (b). 16 (e) RULES OF CONSTRUCTION.—Nothing in this sec- 17 tion may be construed to— 18 (1) prohibit the Administrator from promul- 19 gating regulations related to the operation of un- 20 manned aircraft systems at more than 400 feet 21 above ground level; or 22 (2) diminish or expand the preemptive effect of 23 the authority of the Federal Aviation Administration 24 with respect to manned aviation. 25 VerDate Sep 11 2014 02:40 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S905.IS S905 kjohnson on DSK79L0C42PROD with BILLS 6 •S 905 IS SEC. 4. PRESERVATION OF STATE, LOCAL, AND TRIBAL AU- 1 THORITIES WITH RESPECT TO CIVIL UN- 2 MANNED AIRCRAFT SYSTEMS. 3 (a) FINDINGS; SENSE OF CONGRESS.— 4 (1) FINDINGS.—Congress finds the following: 5 (A) Using its constitutional authority to 6 regulate commerce among the States, Congress 7 granted the Federal Government authority over 8 all of the navigable airspace in the United 9 States in order to foster air commerce. 10 (B) While the regulation of the navigable 11 airspace is within the Federal Government’s do- 12 main, the Supreme Court recognized in United 13 States v. Causby, 328 U.S. 256 (1946), that 14 the Federal Government’s regulatory authority 15 is limited by the property rights possessed by 16 landowners over the exclusive control of the im- 17 mediate reaches of their airspace. 18 (C) As a sovereign government, a State 19 possesses police powers, which include the 20 power to protect the property rights of its citi- 21 zens. 22 (D) The proliferation of low-altitude oper- 23 ations of unmanned aircraft systems has cre- 24 ated a conflict between the responsibility of the 25 Federal Government to regulate the navigable 26 VerDate Sep 11 2014 02:40 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S905.IS S905 kjohnson on DSK79L0C42PROD with BILLS 7 •S 905 IS airspace and the inherent sovereign police 1 power possessed by the States to protect the 2 property rights of their citizens. 3 (2) SENSE OF CONGRESS.—It is the sense of 4 Congress that— 5 (A) in order for landowners to have full en- 6 joyment and use of their land, they must have 7 exclusive control of the immediate reaches of 8 airspace over their property; 9 (B) the States possess sovereign police 10 powers, which include the power to regulate 11 land use, protect property rights, and exercise 12 zoning authority; and 13 (C) the Federal Government lacks the au- 14 thority to intrude upon a State’s sovereign right 15 to issue reasonable time, manner, and place re- 16 strictions on the operation of unmanned air- 17 craft systems operating within the immediate 18 reaches of airspace. 19 (b) REQUIREMENTS RELATED TO REGULATIONS AND 20 STANDARDS.— 21 (1) IN GENERAL.—In prescribing regulations or 22 standards related to civil unmanned aircraft sys- 23 tems, the following shall apply: 24 VerDate Sep 11 2014 02:40 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S905.IS S905 kjohnson on DSK79L0C42PROD with BILLS 8 •S 905 IS (A) The Administrator shall not authorize 1 the operation of a civil unmanned aircraft in 2 the immediate reaches of airspace above prop- 3 erty without permission of the property owner. 4 (B) Subject to paragraph (2), in the case 5 of a structure that exceeds 200 feet above 6 ground level, the Administrator shall not au- 7 thorize the operation of a civil unmanned air- 8 craft— 9 (i) within 50 feet of the top of such 10 structure; or 11 (ii) within 200 feet laterally of such 12 structure or inside the property line of 13 such structure’s owner, whichever is closer 14 to such structure. 15 (C) The Administrator shall not authorize 16 the physical contact of a civil unmanned air- 17 craft, including such aircraft’s take-off or land- 18 ing, with a structure that exceeds 200 feet 19 above ground level without permission of the 20 structure’s owner. 21 (D) The Administrator shall ensure that 22 the authority of a State, local, or Tribal govern- 23 ment to issue reasonable restrictions on the 24 time, manner, and place of operation of a civil 25 VerDate Sep 11 2014 02:40 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S905.IS S905 kjohnson on DSK79L0C42PROD with BILLS 9 •S 905 IS unmanned aircraft system that is operated 1 below 200 feet above ground level is not pre- 2 empted. 3 (2) EXCEPTION.—The limitation on the oper- 4 ation of a civil unmanned aircraft under paragraph 5 (1)(B) shall not apply if— 6 (A) the operator of such aircraft has the 7 permission of the structure’s owner; 8 (B) such aircraft is being operated directly 9 within or above an authorized public right of 10 way; or 11 (C) such aircraft is being operated on an 12 authorized commercial route designated under 13 subsection (c). 14 (3) REASONABLE RESTRICTIONS.—For pur- 15 poses of paragraph (1)(D), reasonable restrictions 16 on the time, manner, and place of operation of a 17 civil unmanned aircraft system include the following: 18 (A) Specifying limitations on speed of 19 flight over specified areas. 20 (B) Prohibitions or limitations on oper- 21 ations in the vicinity of schools, parks, road- 22 ways, bridges, moving locations, or other public 23 or private property. 24 VerDate Sep 11 2014 02:40 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S905.IS S905 kjohnson on DSK79L0C42PROD with BILLS 10 •S 905 IS (C) Restrictions on operations at certain 1 times of the day or week or on specific occa- 2 sions such as parades or sporting events, in- 3 cluding sporting events that do not remain in 4 one location. 5 (D) Prohibitions on careless or reckless op- 6 erations, including operations while the operator 7 is under the influence of alcohol or drugs. 8 (E) Other prohibitions that protect public 9 safety, personal privacy, or property rights, or 10 that manage land use or restrict noise pollution. 11 (c) DESIGNATION OF AUTHORIZED COMMERCIAL 12 ROUTES.— 13 (1) IN GENERAL.—For purposes of subsection 14 (b)(2)(C), not later than 18 months after the date 15 of enactment of this Act, the Administrator shall es- 16 tablish a process for the designation of routes as au- 17 thorized commercial routes. No area within 200 feet 18 above ground level may be included in a designated 19 authorized commercial route. 20 (2) APPLICATION.—Under the process estab- 21 lished under paragraph (1), applicants shall submit 22 an application for such a designation in a form and 23 manner determined appropriate by the Adminis- 24 trator. 25 VerDate Sep 11 2014 02:40 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S905.IS S905 kjohnson on DSK79L0C42PROD with BILLS 11 •S 905 IS (3) TIMEFRAME FOR DECISION.—Under the 1 process established under paragraph (1), the Admin- 2 istrator shall approve or disapprove a complete ap- 3 plication for designation within 90 days of receiving 4 the application. 5 (4) CONSULTATION.—In reviewing an applica- 6 tion for the designation of an area under this sub- 7 section, the Administrator shall consult with and 8 heavily weigh the views of— 9 (A) the applicable State, local, or Tribal 10 government that has jurisdiction over the oper- 11 ation of unmanned aircraft in the area below 12 the area to be designated; 13 (B) owners of structures who would be af- 14 fected by the designation of a route as an au- 15 thorized commercial route; and 16 (C) commercial unmanned aircraft opera- 17 tors. 18 (5) DENIAL OF APPLICATION.—If the Adminis- 19 trator denies an application for a designation under 20 this subsection, the Administrator shall provide the 21 applicant with— 22 (A) a detailed description of the reasons 23 for the denial; and 24 VerDate Sep 11 2014 02:40 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S905.IS S905 kjohnson on DSK79L0C42PROD with BILLS 12 •S 905 IS (B) recommendations for changes that the 1 applicant can make to correct the deficiencies in 2 their application. 3 (6) APPROVAL OF APPLICATION.—If the Ad- 4 ministrator approves an application for a designation 5 under this subsection, the Administrator shall clearly 6 describe the boundaries of the designated authorized 7 commercial route and any applicable limitations for 8 operations on the route. 9 (7) DELEGATION.—The Administrator may del- 10 egate the authority to designate authorized commer- 11 cial routes under this subsection to a State, local, or 12 Tribal government that has entered into an agree- 13 ment with the Administrator under section 8 with 14 respect to an area designated as complex airspace. 15 (d) RULES OF CONSTRUCTION.— 16 (1) SAFETY HAZARD.—Nothing in this section 17 may be construed to permit a State, local, or Tribal 18 government to issue restrictions, or a [Text truncated for display. 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