[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