[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 905 Introduced in Senate (IS)]

<DOC>






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 purposes.


_______________________________________________________________________


                   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 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 44801 of title 49, United 
        States Code (as added by section 3(a)(1)).
            (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 one 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) in subsection (j), by striking ``may'' and inserting 
        ``shall''; and
            (4) by adding at the end the following new subsection:
    ``(k) 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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