[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1272 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 1272
To preserve State, local, and tribal authorities and private property
rights with respect to unmanned aircraft systems, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 25, 2017
Mrs. Feinstein (for herself, Mr. Lee, Mr. Blumenthal, and Mr. Cotton)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To preserve State, local, and tribal authorities and private property
rights 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.
This Act may be cited as the ``Drone Federalism Act of 2017''.
SEC. 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.
SEC. 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 note) is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; 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), the operator has the permission of the
property owner.''.
(c) Definition.--In this section, the term ``immediate reaches of
the airspace above property'', with respect to the operation of a civil
unmanned aircraft system, includes--
(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.
SEC. 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 note) and the
pilot program under subsection (b) of that section.
(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.
SEC. 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.
SEC. 6. 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) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Local government.--The term ``local'', with respect to
a government, means the government of a subdivision of a State.
(5) State.--The term ``State'' means each of the several
States, the District of Columbia, and the territories and
possessions of the United States.
(6) Tribal government.--The term ``tribal'', with respect
to a government, means the governing body of an Indian tribe.
(7) Unmanned aircraft; unmanned aircraft system.--The terms
``unmanned aircraft'' and ``unmanned aircraft system'' have the
meanings given those terms in section 331 of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note).
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