Sec. 909. ENVIRONMENTAL REVIEW AND NOISE CERTIFICATION
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## SEC. 909 ENVIRONMENTAL REVIEW AND NOISE CERTIFICATION **[**[49 U.S.C. 44801 note](/us/usc/t49/s44801)**]** ###
(a)National Environmental Policy Act Guidance Not later than 180 days after the date of enactment of this Act, the Administrator shall publish unmanned aircraft system-specific environmental review guidance and implementation procedures and, thereafter, revise such guidance and procedures as appropriate to carry out the requirements of this section. ###
(b)Prioritization The guidance and procedures established by the Administrator under subsection
(a)shall include processes that allow for the prioritization of project applications and activities that— ####
(1)offset or limit the impacts of non-zero emission activities; ####
(2)offset or limit the release of environmental pollutants to soil or water; or ####
(3)demonstrate other factors that benefit human safety or the environment, as determined by the Administrator. ###
(c)Programmatic Level Approach to NEPA Review Not later than 180 days after the date of enactment of this Act, the Administrator shall examine and integrate programmatic-level approaches to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by which the Administrator can— ####
(1)leverage an environmental review for unmanned aircraft operations within a defined geographic region, including within and over commercial sites, industrial sites, or other sites closed or restricted to the public; and ####
(2)leverage an environmental assessment or environmental impact statement for nationwide programmatic approaches for large scale distributed unmanned aircraft operations. ###
(d)Developing 1 or More Categorical Exclusions ####
(1)In general The Administrator shall engage in periodic consultations with the Council on Environmental Quality to identify actions that are appropriate for a new categorical exclusion and shall incorporate such actions in FAA Order 1050.1F (or successor order) as considered appropriate by the Administrator to more easily allow for safe commercial operations of unmanned aircraft. ####
(2)Prior operations The Administrator shall review existing categorical exclusions for applicability to unmanned aircraft operations in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and subchapter A of chapter V of title 40, Code of Federal Regulations. ###
(e)Briefing Not later than 90 days after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the plan of the Administrator to implement subsection (a). ###
(f)Nonapplication of Noise Certification Requirements Pending Standards Development ####
(1)In general Notwithstanding the requirements of section 44715 of title 49, United States Code, the Administrator shall— #####
(A)waive the determination of compliance with part 36 of title 14, Code of Federal Regulations, for an applicant seeking unmanned aircraft type and airworthiness certifications; and #####
(B)not deny, withhold, or delay such certifications due to the absence of a noise certification basis under such part, if the Administrator has developed appropriate noise measurement procedures for unmanned aircraft and the Administrator has received from the applicant the noise measurement results based on such procedures. ####
(2)Duration The nonapplication of the noise certification requirements under paragraph
(1)shall continue until the Administrator finalizes the noise certification requirements for unmanned aircraft in part 36 of title 14, Code of Federal Regulations, or another part of title 14 of such Code, as required under paragraph (3). ####
(3)Associated uas certification standards #####
(A)Development of criteria Not later than 18 months after the date of enactment of this Act, the Administrator shall develop and establish substantive criteria and standard metrics to determine whether to approve an unmanned aircraft pursuant to part 36 of title 14, Code of Federal Regulations. #####
(B)Substantive criteria and standard metrics In establishing the substantive criteria and standard metrics under subparagraph (A), the Administrator shall include criteria and metrics related to the noise impacts of an unmanned aircraft. #####
(C)Publication The Administrator shall publish in the Federal Register and post on the website of the FAA the criteria and metrics established under subparagraph (A). ###
(g)Concurrent Reviews If the Administrator determines that the design, construction, maintenance and operational sustainability, airworthiness approval, or operational approval of an unmanned aircraft require environmental assessments, including under the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Administrator shall, to the maximum extent practicable, conduct such reviews and analyses concurrently. ###
(h)Third-party Support In implementing subsection (a), the Administrator shall allow for the engagement of approved specialized third parties, as appropriate, to support an applicant’s preparation of, or the Administration’s preparation and review of, documentation relating to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to ensure streamlined timelines for complex reviews. ###
(i)Rule of Construction Nothing in this section shall be construed as prohibiting, restricting, or otherwise limiting the authority of the Administrator from implementing or complying with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any related requirements to ensure the protection of the environment and aviation safety.
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