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.