[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1249 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1249
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
April 2, 2025
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Drone Integration
and Zoning Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
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.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Civil.--The term ``civil'', with respect to an unmanned
aircraft system, means that the unmanned aircraft is not a
public aircraft (as defined in section 40102 of title 49,
United States Code).
(3) Commercial operator.--The term ``commercial operator''
means a person who operates a civil unmanned aircraft system
for commercial purposes.
(4) Immediate reaches of airspace.--The term ``immediate
reaches of airspace'' means, with respect to the operation of a
civil unmanned aircraft system, any area within 200 feet above
ground level.
(5) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(6) Local government.--The term ``local government'' means
the government of a subdivision of a State.
(7) State.--The term ``State'' means each of the 50 States,
the District of Columbia, and the territories and possessions
of the United States.
(8) Tribal government.--The term ``Tribal government''
means the governing body of an Indian Tribe.
(9) Unmanned aircraft; unmanned aircraft system.--The terms
``unmanned aircraft'' and ``unmanned aircraft system'' have the
meanings given those terms in section 44801 of title 49, United
States Code.
(10) Unmanned aircraft take-off and landing zone.--The term
``unmanned aircraft take-off and landing zone'' means a
structure, area of land or water, or other designation for use
or intended to be used for the take-off or landing of civil
unmanned aircraft systems operated by a commercial operator.
SEC. 3. FEDERAL AVIATION ADMINISTRATION UPDATES TO NAVIGABLE AIRSPACE.
(a) Definition.--
(1) Immediate reaches of airspace definition.--Section
44801 of title 49, United States Code, is amended by adding at
the end the following new paragraph:
``(14) Immediate reaches of airspace.--The term `immediate
reaches of airspace' means, with respect to the operation of a
civil unmanned aircraft system, any area within 200 feet above
ground level.''.
(2) Navigable airspace definition.--Paragraph (32) of
section 40102 of title 49, United States Code, is amended by
adding at the end the following new sentence: ``In applying
such term to the regulation of civil unmanned aircraft systems,
such term shall not include the area within the immediate
reaches of airspace (as defined in section 44801).''.
(b) Rulemaking.--
(1) In general.--The Administrator shall conduct a
rulemaking proceeding to update the definition of ``navigable
airspace''.
(2) Consultation.--In conducting the rulemaking proceeding
under paragraph (1), the Administrator shall consult with
appropriate State, local, or Tribal government officials.
(c) Designation Requirement.--In conducting the rulemaking
proceeding under subsection (b), the Administrator shall designate the
area between 200 feet and 400 feet above ground level--
(1) for use of civil unmanned aircraft systems under the
exclusive authority of the Administrator; and
(2) for use by both commercial operators or hobbyists and
recreational unmanned aircraft systems, under rules established
by the Administrator.
(d) Final Rule.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall issue a final rule pursuant to the
rulemaking conducted under subsection (b).
(e) Rules of Construction.--Nothing in this section may be
construed to--
(1) prohibit the Administrator from promulgating
regulations related to the operation of unmanned aircraft
systems at more than 400 feet above ground level; or
(2) diminish or expand the preemptive effect of the
authority of the Federal Aviation Administration with respect
to manned aviation.
SEC. 4. PRESERVATION OF STATE, LOCAL, AND TRIBAL AUTHORITIES WITH
RESPECT TO CIVIL UNMANNED AIRCRAFT SYSTEMS.
(a) Findings; Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) Using its constitutional authority to regulate
commerce among the States, Congress granted the Federal
Government authority over all of the navigable airspace
in the United States in order to foster air commerce.
(B) While the regulation of the navigable airspace
is within the Federal Government's domain, the Supreme
Court recognized in United States v. Causby, 328 U.S.
256 (1946), that the Federal Government's regulatory
authority is limited by the property rights possessed
by landowners over the exclusive control of the
immediate reaches of their airspace.
(C) As a sovereign government, a State possesses
police powers, which include the power to protect the
property rights of its citizens.
(D) The proliferation of low-altitude operations of
unmanned aircraft systems has created a conflict
between the responsibility of the Federal Government to
regulate the navigable airspace and the inherent
sovereign police power possessed by the States to
protect the property rights of their citizens.
(2) Sense of congress.--It is the sense of Congress that--
(A) in order for landowners to have full enjoyment
and use of their land, they must have exclusive control
of the immediate reaches of airspace over their
property;
(B) the States possess sovereign police powers,
which include the power to regulate land use, protect
property rights, and exercise zoning authority; and
(C) the Federal Government lacks the authority to
intrude upon a State's sovereign right to issue
reasonable time, manner, and place restrictions on the
operation of unmanned aircraft systems operating within
the immediate reaches of airspace.
(b) Requirements Related to Regulations and Standards.--
(1) In general.--In prescribing regulations or standards
related to civil unmanned aircraft systems, the following shall
apply:
(A) The Administrator shall not authorize the
operation of a civil unmanned aircraft in the immediate
reaches of airspace above property without permission
of the property owner.
(B) Subject to paragraph (2), in the case of a
structure that exceeds 200 feet above ground level, the
Administrator shall not authorize the operation of a
civil unmanned aircraft--
(i) within 50 feet of the top of such
structure; or
(ii) within 200 feet laterally of such
structure or inside the property line of such
structure's owner, whichever is closer to such
structure.
(C) The Administrator shall not authorize the
physical contact of a civil unmanned aircraft,
including such aircraft's take-off or landing, with a
structure that exceeds 200 feet above ground level
without permission of the structure's owner.
(D) The Administrator shall ensure that the
authority of a State, local, or Tribal government to
issue reasonable restrictions on the time, manner, and
place of operation of a civil unmanned aircraft system
that is operated below 200 feet above ground level is
not preempted.
(2) Exception.--The limitation on the operation of a civil
unmanned aircraft under paragraph (1)(B) shall not apply if--
(A) the operator of such aircraft has the
permission of the structure's owner;
(B) such aircraft is being operated directly within
or above an authorized public right of way; or
(C) such aircraft is being operated on an
authorized commercial route designated under subsection
(c).
(3) Reasonable restrictions.--For purposes of paragraph
(1)(D), reasonable restrictions on the time, manner, and place
of operation of a civil unmanned aircraft system include the
following:
(A) Specifying limitations on speed of flight over
specified areas.
(B) Prohibitions or limitations on operations in
the vicinity of schools, parks, roadways, bridges,
moving locations, or other public or private property.
(C) Restrictions on operations at certain times of
the day or week or on specific occasions such as
parades or sporting events, including sporting events
that do not remain in one location.
(D) Prohibitions on careless or reckless
operations, including operations while the operator is
under the influence of alcohol or drugs.
(E) Other prohibitions that protect public safety,
personal privacy, or property rights, or that manage
land use or restrict noise pollution.
(c) Designation of Authorized Commercial Routes.--
(1) In general.--For purposes of subsection (b)(2)(C), not
later than 18 months after the date of enactment of this Act,
the Administrator shall establish a process for the designation
of routes as authorized commercial routes. No area within 200
feet above ground level may be included in a designated
authorized commercial route.
(2) Application.--Under the process established under
paragraph (1), applicants shall submit an application for such
a designation in a form and manner determined appropriate by
the Administrator.
(3) Timeframe for decision.--Under the process established
under paragraph (1), the Administrator shall approve or
disapprove a complete application for designation within 90
days of receiving the application.
(4) Consultation.--In reviewing an application for the
designation of an area under this subsection, the Administrator
shall consult with and heavily weigh the views of--
(A) the applicable State, local, or Tribal
government that has jurisdiction over the operation of
unmanned aircraft in the area below the area to be
designated;
(B) owners of structures who would be affected by
the designation of a route as an authorized commercial
route; and
(C) commercial unmanned aircraft operators.
(5) Denial of application.--If the Administrator denies an
application for a designation under this subsection, the
Administrator shall provide the applicant with--
(A) a detailed description of the reasons for the
denial; and
(B) recommendations for changes that the applicant
can make to correct the deficiencies in their
application.
(6) Approval of application.--If the Administrator approves
an application for a designation under this subsection, the
Administrator shall clearly describe the boundaries of the
designated authorized commercial route and any applicable
limitations for operations on the route.
(7) Delegation.--The Administrator may delegate the
authority to designate authorized commercial routes under this
subsection to a State, local, or Tribal government that has
entered into an agreement with the Administrator under section
8 with respect to an area designated as complex airspace.
(d) Rules of Construction.--
(1) Safety hazard.--Nothing in this section may be
construed to permit a State, local, or Tribal government to
issue restrictions, or a combination of restrictions, that
would create a significant safety hazard in the navigable
airspace, airport operations, air navigation facilities, air
traffic control systems, or other components of the national
airspace system that facilitate the safe and efficient
operation of civil, commercial, or military aircraft within the
United States.
(2) Cause of action.--Nothing in this section may be
construed to prohibit a property owner or the owner of a
structure with a height that exceeds 200 feet above ground
level from pursuing any available cause of action under State
law related to unmanned aircraft operations above 200 feet
above ground level.
SEC. 5. PRESERVATION OF LOCAL ZONING AUTHORITY FOR UNMANNED AIRCRAFT
TAKE-OFF AND LANDING ZONES.
(a) General Authority.--Subject to the succeeding provisions of
this section, nothing in this Act shall limit or affect the authority
of a State, local, or Tribal government over decisions regarding the
designation, placement, construction, or modification of an unmanned
aircraft take-off and landing zone.
(b) Nondiscrimination.--The regulation of the designation,
placement, construction, or modification of an unmanned aircraft take-
off and landing zone by any State, local, or Tribal government may
not--
(1) unreasonably discriminate among commercial operators of
unmanned aircraft systems; or
(2) prohibit, or have the effect of prohibiting, a
commercial operator from operating an unmanned aircraft system.
(c) Applications.--
(1) Requirement to act.--
(A) In general.--A State, local, or Tribal
government shall act on any complete application for
authorization to designate, place, construct, or modify
an unmanned aircraft take-off and landing zone within
60 days of receiving such application.
(B) Denial.--If a State, local, or Tribal
government denies an application for the designation,
placement, construction, or modification of an unmanned
aircraft take-off and landing zone, the State, local,
or Tribal government shall, not later than 30 days
after denying the application, submit to the commercial
operator a written record that details--
(i) the findings and substantial evidence
that serves as the basis for denying the
application; and
(ii) recommendations for how the commercial
operator can address the reasons for the
application's denial.
(2) Fees.--Notwithstanding any other provision of law, a
State, local, or Tribal government may charge a fee to consider
an application for the designation, placement, construction, or
modification of an unmanned aircraft take-off and landing zone,
or to use a right-of-way or a facility in a right-of-way owned
or managed by the State, local, or Tribal government for the
designation, placement, construction, or modification of an
unmanned aircraft take-off and landing zone, if the fee is--
(A) competitively neutral, technologically neutral,
and nondiscriminatory; and
(B) publicly disclosed.
(3) Rule of construction.--Nothing in this subsection may
be construed to prevent any State, local, or Tribal government
from imposing any additional limitation or requirement relating
to consideration by the State, local, or Tribal government of
an application for the designation, placement, construction, or
modification of an unmanned aircraft take-off and landing zone.
(d) Judicial Review.--Any person adversely affected by any final
action or failure to act by a State, local, or Tribal government that
is inconsistent with this section may, within 30 days after the action
or failure to act, commence an action in any court of competent
jurisdiction, which shall hear and decide the action on an expedited
basis.
(e) Effective Date.--The provisions of this section shall take
effect on the day that is 180 days after the final rule under section
3(d) is issued.
SEC. 6. RIGHTS TO OPERATE.
(a) Prohibition.--
(1) In general.--Subject to subsection (b), a State, local,
or Tribal government may not adopt, maintain, or enforce any
law, rule, or standard that unreasonably or substantially
impedes--
(A) the ascent or descent of an unmanned aircraft
system, operated by a commercial operator, to or from
the navigable airspace in the furtherance of a
commercial activity; or
(B) a civil unmanned aircraft from reaching
navigable airspace where operations are permitted.
(2) Unreasonable or substantial impediment.--For purposes
of paragraph (1), an unreasonable or substantial impediment
with respect to civil unmanned aircraft includes--
(A) a complete and total ban on overflights of
civil unmanned aircraft over the entirety of airspace
within a State, local, or Tribal government's
jurisdiction; and
(B) a combination of prohibitions or restrictions
on overflights within airspace under a State, local, or
Tribal government's jurisdiction such that it is nearly
impossible for civil unmanned aircraft to reach the
navigable airspace.
(b) Rules of Construction.--Nothing in subsection (a) may be
construed to prohibit a State, local, or Tribal government from--
(1) adopting, maintaining, or enforcing laws, rules, or
standards that regulate unmanned aircraft systems below 200
feet above ground level; or
(2) prescribing emergency procedures for a civil unmanned
aircraft system descending into an area 200 feet above ground
level.
SEC. 7. UPDATES TO RULES REGARDING THE COMMERCIAL CARRIAGE OF PROPERTY.
(a) Improving Regulations.--Section 44808 of title 49, United
States Code, is amended--
(1) by redesignating subsection (b)(5) as subsection (c),
and indenting appropriately;
(2) by redesignating subparagraphs (A), (B), and (C) of
subsection (c), as redesignated by paragraph (1), as paragraphs
(1), (2), and (3), respectively, and indenting appropriately;
(3) by redesignating subsection (b)(6) as subsection (d),
and indenting appropriately; and
(4) in subsection (b), as previously amended, by adding at
the end the following new paragraphs:
``(5) Ensure that the provision of section 41713 shall not
apply to the carriage of property by operators of small
unmanned aircraft systems.
``(6) Ensure that an operator of a small unmanned aircraft
system is not required to comply with any rules approved under
this section if the operator is operating solely under a State
authorization for the intrastate carriage of property for
compensation or hire.
``(7) Ensure that the costs necessary to receive such an
authorization are minimal so as to protect competition between
market participants.
``(8) A streamlined application process that only contains
requirements minimally necessary for safe operation and
substantially outweigh the compliance costs for an
applicant.''.
(b) Clarification Regarding Preemption.--Section 41713(b) of title
49, United States Code, is amended by adding at the end the following
new paragraph:
``(5) Not Applicable to the Operation of a Civil Unmanned Aircraft
System.--Paragraphs (1) and (4) shall not apply to the operation of a
civil unmanned aircraft system.''.
(c) Exclusion From Definition of Air Carrier.--Section 40102(2) of
title 49, United States Code, is amended by inserting ``(but does not
include an operator of civil unmanned aircraft systems)'' before the
period at the end.
(d) State Authorization for the Intrastate Carriage of Property.--A
State may not be prohibited from issuing an authorization (and the
Federal Government may not require a Federal authorization) for the
carriage of property by a commercial operator of a civil unmanned
aircraft that is operating in intrastate commerce if the civil unmanned
aircraft is only authorized by the State to operate--
(1) within the immediate reaches of airspace; and
(2) within the lateral boundaries of the State.
SEC. 8. DESIGNATION OF CERTAIN COMPLEX AIRSPACE.
(a) Process for Designation.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall
establish a process under which a State, local, or Tribal
government may submit an application to the Administrator (in a
form and manner determined appropriate by the Administrator)
for the designation of an area as an area of ``complex
airspace''. Such process shall allow for individual or
collective designations.
(2) Timeframe for decision.--Under the process established
under paragraph (1), the Administrator shall approve or
disapprove a complete application for designation within 90
days of receiving the application.
(3) Review of application.--In reviewing an application for
a designation under this section, the Administrator may deny
the request if the State, local, or Tribal government does not
have--
(A) the financial resources to carry out the
authority to be granted under the designation; or
(B) the technological capabilities necessary to
carry out the authority granted to the State under the
designation.
(4) Denial of application.--If the Administrator denies an
application for a designation under this section, the
Administrator shall provide the State, local, or Tribal
government with--
(A) a detailed description of the reasons for the
denial; and
(B) recommendations for changes that the State can
make to correct the deficiencies in their application.
(5) Approval of application.--If the Administrator approves
an application for a designation under this section, the
Administrator shall, upon the request of the State, local, or
Tribal government, enter into a written agreement with the
State, local, or Tribal government (which may be in the form of
a memorandum of understanding) under which the Administrator
may assign, and the State, local, or Tribal government may
assume, one or more of the responsibilities of the
Administrator with respect to the management of civil unmanned
aircraft operations within the area that has been so
designated.
(b) Agreements.--
(1) State, local, or tribal government responsibilities
under agreement.--If a State, local, or Tribal government
enters into an agreement with the Administrator under
subsection (a)(5), the State, local, or Tribal government shall
be solely responsible, and solely liable, for carrying out the
responsibilities assumed in the agreement until the agreement
is terminated.
(2) Termination by state, local, or tribal government.--A
State, local, or Tribal government may terminate an agreement
with the Administrator under subsection (a)(5) if the State,
local, or Tribal government provides the Administrator 90 days
of notice.
(3) Termination by administrator.--The Administrator may
terminate an agreement with a State, local, or Tribal
government under subsection (a)(5) if--
(A) the Administrator determines that the State,
local, or Tribal government is not adequately carrying
out the responsibilities assigned under the agreement;
and
(B) the Administrator provides the State, local, or
Tribal government with--
(i) written notification of a determination
of noncompliance with the responsibilities
assigned under the agreement; and
(ii) a period of not less than 180 days for
the State, local, or Tribal government to take
such corrective actions as the Administrator
determines necessary to comply with the
responsibilities assigned under the agreement.
(c) Complex Airspace Defined.--In this section, the term ``complex
airspace'' means an area of airspace that--
(1) is at least 200 feet above ground level; and
(2) includes 1 or more structures that have a height that
exceeds 200 feet above ground level.
SEC. 9. IMPROVEMENTS TO PLAN FOR FULL OPERATIONAL CAPABILITY OF
UNMANNED AIRCRAFT SYSTEMS TRAFFIC MANAGEMENT.
Section 376 of the FAA Reauthorization Act of 2018 (Public Law 115-
254) is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(4) Permit the testing of a State, local, or Tribal
government's time, place, and manner restrictions within the
immediate reaches of airspace (as defined in section 44801).'';
(2) in subsection (c)--
(A) in paragraph (2), by striking ``industry and
government'' and inserting ``industry, the Federal
Government, and State, local, or Tribal governments'';
(B) in paragraph (3)(G), by striking ``and'' at the
end;
(C) in paragraph (4)(C), by striking the period at
the end and inserting a semicolon; and
(D) by adding at the end the following new
paragraphs:
``(5) establish a plan for collaboration and coordination
with a State, local, or Tribal government's management of
unmanned aircraft systems within the immediate reaches of
airspace (as defined in section 44801); and
``(6) establish a process for the interoperability and
sharing of data between Federal Government, State, local, or
Tribal government, and private sector UTM services.'';
(3) in subsection (d)--
(A) in paragraph (2)(J), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) shall consult with State, local, and Tribal
governments.''; and
(4) in subsection (g), by inserting ``and State, local, and
Tribal governments'' after ``Federal agencies''.
SEC. 10. UPDATES TO RULES REGARDING SMALL UNMANNED AIRCRAFT SAFETY
STANDARDS.
Section 44805 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) ensuring that no State is prohibited from requiring
additional equipage for a small unmanned aircraft system so
long as such small unmanned aircraft system is solely
authorized to operate in the immediate reaches of airspace (as
defined in section 44801) and the lateral boundaries of a
State.'';
(2) in subsection (e), in the matter preceding paragraph
(1), by striking ``may'' and inserting ``shall'';
(3) by adding at the end the following new subsection:
``(i) Requirements for Accepting Risk-Based Consensus Safety
Standards.--
``(1) Cost-benefit analysis.--The Administrator shall not
accept a risk-based consensus safety standard under subsection
(a)(1) unless the Administrator has first conducted a cost-
benefit analysis and certified that the benefit of the safety
standard substantially outweighs the costs to the manufacturer
and consumer.
``(2) Must be essential.--The Administrator shall not
accept a risk-based consensus safety standard under subsection
(a)(1) unless the Administrator determines that the safety
standard is essential for small unmanned aircraft systems to
operate safely in the UTM.''.
SEC. 11. RULES OF CONSTRUCTION.
(a) In General.--Subject to subsection (b), nothing in this Act may
be construed to--
(1) diminish or expand the preemptive effect of the
authority of the Federal Aviation Administration with respect
to manned aviation; or
(2) affect the civil or criminal jurisdiction of--
(A) any Indian Tribe relative to any State or local
government; or
(B) any State or local government relative to any
Indian Tribe.
(b) Enforcement Actions.--Nothing in subsection (a) may be
construed to limit the authority of the Administrator to pursue
enforcement actions against persons operating civil unmanned aircraft
systems who endanger the safety of the navigable airspace, airport
operations, air navigation facilities, air traffic control systems, or
other components of the national airspace system that facilitate the
safe and efficient operation of civil, commercial, or military aircraft
within the United States.
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