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.