Drone Federalism Act of 2017

To preserve State, local, and tribal authorities and private property rights with respect to unmanned aircraft systems, and for other purposes. 1. Short title This Act may be cited as the Drone Federalism Act of 2017 2. Preservation of State, local, and tribal authorities with respect to unmanned aircraft systems (a) Scope of preemption for civil unmanned aircraft regulations In prescribing regulations or standards related to civil unmanned aircraft systems, the Administrator shall— (1) define the scope of the preemptive effect of such regulations or standards pursuant to section 40103 or 41713 of title 49, United States Code, which shall be limited to the extent necessary to ensure the safety and efficiency of the national airspace system for interstate commerce; and (2) preserve, to the greatest extent practicable, legitimate interests of State, local, and tribal governments, including— (A) protecting public safety; (B) protecting personal privacy; (C) protecting property rights; (D) managing land use; and (E) restricting nuisances and noise pollution. (b) Reserved powers (1) In general In prescribing regulations or standards related to civil unmanned aircraft systems, 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 or within 200 feet of a structure is not preempted. (2) Reasonable restrictions For purposes of paragraph (1), reasonable restrictions on the time, manner, and place of operation of a civil unmanned aircraft system include the following: (A) Limitations on speed. (B) Prohibitions or limitations on operations in the vicinity of schools, parks, roadways, bridges, or other public or private property. (C) Restrictions on operations at certain times of the day or week or on specific occasions such as during parades or sporting events. (D) Prohibitions on operations while the operator is under the influence of drugs or alcohol. (E) Prohibitions on careless or reckless operations. (F) Other prohibitions that protect public safety, personal privacy, or property rights, or that manage land use or restrict noise pollution. 3. Preservation of private property rights (a) Affirmation of applicability of constitutional takings clause to Federal Aviation Administration regulations In prescribing regulations or standards related to civil unmanned aircraft systems, the Administrator shall not authorize the operation of a civil unmanned aircraft in the immediate reaches of the airspace above property without permission of the property owner. (b) Affirmation of applicability of constitutional takings clause absent Federal Aviation Administration regulations Section 336(a) of the FAA Modernization and Reform Act of 2012 ( Public Law 112–95 49 U.S.C. 40101 (1) in paragraph (4), by striking ; and (2) in paragraph (5), by striking the period at the end and inserting ; and (3) by adding at the end the following: (6) when flown in the immediate reaches of the airspace above property (as defined in section 3(c) of the Drone Federalism Act of 2017 . (c) Definition In this section, the term immediate reaches of the airspace above property (1) any area within 200 feet above the ground level of the property; (2) any area within 200 feet above any structure on the property; and (3) any area where operation of the aircraft system could interfere with the enjoyment or use of the property. 4. Pilot program on Federal partnerships (a) In general Not later than one year after the date of the enactment of this Act, the Administrator shall enter into agreements with not more than 10 State, local, or tribal governments to establish pilot programs under which— (1) the Administrator shall provide technical assistance to such governments in regulating the operation of civil unmanned aircraft systems, including through the use of the latest available technologies; and (2) the Administrator and such governments shall coordinate efforts with respect to the enforcement of regulations relating to the operation of civil unmanned aircraft systems. (b) Selection In selecting among State, local, and tribal governments for purposes of establishing pilot programs under subsection (a), the Administrator shall seek to enter into agreements with— (1) governments that vary in their size and intended approach to regulation of civil unmanned aircraft systems; and (2) not less than one State government, not less than one county government, not less than one city government, and not less than one tribal government. (c) Unmanned aircraft systems traffic management system The Administrator shall coordinate with Administrator of the National Aeronautics and Space Administration to ensure that participants in pilot programs established under subsection (a) are consulted in the development of the unmanned aircraft systems traffic management system under subsection (a) section 2208 of the FAA Extension, Safety, and Security Act of 2016 ( Public Law 114–190 49 U.S.C. 40101 (d) Report required Not later than 2 years after establishing the pilot programs required by subsection (a), the Administrator shall submit to Congress, and make available to the public, a report identifying best practices for State, local, and tribal governments to regulate the operation of civil unmanned aircraft systems and to collaborate with the Federal Aviation Administration with respect to the regulation of such systems. 5. Rule of construction Nothing in this Act shall be construed— (1) to diminish or expand the preemptive effect of the authority of the Federal Aviation Administration with respect to manned aviation; or (2) to 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. 6. Definitions In this Act: (1) Administrator The term Administrator (2) Civil The term civil (3) Indian tribe The term Indian tribe 25 U.S.C. 5304 (4) Local government The term local (5) State The term State (6) Tribal government The term tribal (7) Unmanned aircraft; unmanned aircraft system The terms unmanned aircraft unmanned aircraft system Public Law 112–95 49 U.S.C. 40101

Summary: Drone Federalism Act of 2017 This bill requires the Federal Aviation Administration, in prescribing regulations or standards related to unmanned aircraft systems, to: define, and limit the scope of, the preemptive effect of such regulations or standards; preserve the legitimate interests of state, local, and tribal governments (e.g., protecting public safety); preserve state, local, and tribal authority to issue certain reasonable restrictions on the operation of a civil unmanned aircraft system within 200 feet of the ground or a structure; authorize, only with a property owner's permission, the operation of a civil unmanned aircraft in the immediate reaches of the airspace above private property; and establish pilot programs with state, local, and tribal governments to regulate the operation of civil unmanned aircraft systems, coordinate enforcement efforts with respect to such regulations, and identify best practices.