,i #aaeth ,,congress #ast ,session ,h4 ,r4 #bicj ,,in ,,the ,,house ,,of ,,representatives ,june #af1 #bjag,mr4 ,lewis of ,minnesota 7for himself1 ,ms4 ,brownley of ,california1 ,mr4 ,rokita1 and ,mr4 ,garamendi7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to develop a civil unmanned aircraft policy framework1 a pilot program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,drone ,innovation ,act of #bjag4 #b4 ,definitions ,in this ,act the following definitions apply3 7#a7 ,civil aircraft ,the term civil aircraft1 with respect to an unmanned aircraft system1 means that the unmanned aircraft is not a public aircraft as defined in section #djajb of title #di1 ,united ,states ,code4 7#b7 ,local government ,the term local government means a unit of government that is a subdivision of a ,state1 such as city1 county1 or parish4 7#c7 ,local operation ,the terms local operation and local in nature refer to flights or portions of civil unmanned aircraft that occur in airspace-- 7,a7 up to #bjj feet above ground level2 and 7,b7 the lateral boundaries of a ,state1 local1 or ,tribal government's jurisdiction4 7#d7 ,small unmanned aircraft ,the term small unmanned aircraft has the same meaning as such term is defined in section #cca7f7 of the ,,faa ,reform and ,modernization ,act of #bjab4 7#e7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 and the territories and possessions of the ,united ,states4 7#f7 ,tribal ,government ,the term ,tribal ,government means the governing body of an ,indian ,tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd774 #c4 ,civil unmanned aircraft policy framework 7a7 ,in general ,not later than #f months after the date of enactment of this ,act1 the ,secretary of ,transportation shall1 after consultation with ,state1 local1 and ,tribal officials1 and other appropriate stakeholders1 publish a civil unmanned aircraft local operation policy framework in the ,federal ,register4 7b7 ,contents ,the policy framework required pursuant to subsection 7a7 shall-- 7#a7 provide guidelines to aid ,states1 local1 and ,tribal governments in harmonizing and1 to the degree possible1 standardizing reasonable time1 manner1 and place limitations and other restrictions on operations of civil and small unmanned aircraft that are local in nature2 7#b7 take into account the economic and non-economic benefits1 such as civic or educational uses1 of small or civil unmanned aircraft operations2 7#c7 provide guidelines to aid ,states1 local1 and ,tribal governments in creating an environment that is hospitable to innovation and fosters the rapid integration of unmanned aircraft into the national airspace system2 and 7#d7 aid ,states1 local1 and ,tribal governments in adopting technologies1 such as unmanned traffic management systems1 that will enable notification to operators regarding reasonable time1 manner1 and place limitations on operations of civil and small unmanned aircraft that are local in nature4 7c7 ,analysis ,in crafting the policy framework and in prescribing any future regulations or standards related to civil unmanned aircraft systems1 the ,secretary of ,transportation shall define the scope of the preemptive effect of any civil unmanned aircraft regulations or standards pursuant to section #djajc or #dagac of title #di1 ,united ,states ,code4 ,such regulations or standards shall be limited to the extent necessary to ensure the safety and efficiency of the national airspace system for interstate commerce1 and shall preserve the legitimate interests of ,state1 local1 and ,tribal governments1 including-- 7#a7 protecting public safety2 7#b7 protecting personal privacy2 7#c7 protecting property rights2 7#d7 managing land use2 and 7#e7 restricting nuisances and noise pollution4 7d7 ,limitations ,in formulating and implementing the policy framework required pursuant to subsection 7a7 and any future regulations1 policies or standards related to civil unmanned aircraft systems1 the ,secretary shall abide by and be guided by the following fundamental principles3 7#a7 ,any limitation on small or civil unmanned aircraft should be consistent with maintaining the safe use of the navigable airspace and the legitimate interests of ,state1 local1 and ,tribal governments4 7#b7 ,innovation and competition are best served by a diverse and competitive small and civil unmanned aircraft systems industry4 7#c7 ,any limitation on small or civil unmanned aircraft should not create an unreasonable burden on interstate or foreign commerce4 7#d7 ,the operation of small and civil unmanned aircraft systems that are local in nature have more in common with terrestrial transportation than traditional aviation4 7#e7 ,as it relates to the time1 manner1 and place of unmanned aircraft local operations1 and the need to foster innovation1 ,states1 local1 and ,tribal governments uniquely possess the constitutional authority1 the resources1 and the competence to discern the sentiments of the people and to govern accordingly4 7#f7 ,relying upon technology solutions1 such as unmanned traffic management1 provided by private industry1 will effectively solve policy challenges4 7#g7 ,state1 local and ,tribal officials are best positioned to make judgments and issue dynamic limitations around events1 including1 fires1 accidents and other first responder activity1 public gatherings1 community events1 pedestrian thoroughfares1 recreational activities1 cultural activities1 heritage sites1 schools1 parks and other inherently local events and locations1 which may justify limiting unmanned aircraft activity that is local in nature while balancing the activities or events against the need for innovation4 7#h7 ,the economic and non-economic benefits1 of small and civil unmanned aircraft operations may be best achieved by empowering the ,state1 local1 and ,tribal governments to create a hospitable environment to welcome innovation4 7#i7 ,innovation and competition in the unmanned aircraft industry are best served enabling ,state1 local1 and ,tribal governments to experiment with a variety of approaches to policies related to unmanned aircraft4 7#aj7 ,the ,department of ,transportation shall1 when making policy related to small or civil unmanned aircraft systems1 recognize that problems that are merely common to the ,state1 local1 and ,tribal governments will not justify ,federal action because individual ,state1 local1 and ,tribal governments1 acting individually or together1 can effectively deal with such problems and may find and implement more innovation friendly policies than ,federal agencies4 7#aa7 ,the ,department shall1 when making policy related to small or civil unmanned aircraft systems1 provide timely information and assistance to ,state1 local1 and ,tribal governments that will ensure collaboration4 #d4 ,pilot program on ,federal partnerships 7a7 ,in general ,not later than #i months after the date of the enactment of this ,act1 the ,secretary of ,transportation shall enter into agreements with not less than #bj and not more than #cj ,state1 local1 or ,tribal governments to establish pilot programs under which the ,secretary shall provide technical assistance to such governments in regulating the operation of small and civil unmanned aircraft systems1 including through the use of the latest available technologies for unmanned traffic management1 notice1 authorization1 and situational awareness with respect to reasonable time1 manner1 and place limitations and restrictions pursuant to section #c4 7b7 ,selection ,in selecting among ,state1 local and ,tribal governments for purposes of establishing pilot programs under subsection 7a71 the ,secretary shall seek to enter into agreements with-- 7#a7 governments that vary their size and intended approach to regulation of small and civil unmanned aircraft systems2 7#b7 governments that demonstrate a willingness to partner with technology providers and small and civil unmanned aircraft operators2 and 7#c7 at least two of each of the following3 ,state governments1 county governments1 city governments1 and ,tribal ,governments4 7c7 ,unmanned aircraft systems traffic management system ,the ,secretary shall coordinate with the ,administrator of the ,national ,aeronautics and ,space ,administration to ensure that participants in pilot programs established under subsection 7a7 are consulted in the development of the unmanned aircraft systems traffic management system under section #bbjh of the ,,faa ,extension1 ,safety1 and ,security ,act of #bjaf 7,public ,law #aad-aij1 #di ,u4,s4,c4 #djaja note7 and the pilot program under section 7b7 of such section4 7d7 ,report required ,not later than #ah months after establishment of the pilot programs required by subsection 7a71 the ,secretary shall coordinate with pilot program participants to submit to ,congress1 and make available to the public1 a report identifying best practices for ,state1 local1 and ,tribal governments to regulate the operation of small and civil unmanned aircraft systems and to collaborate with the ,federal ,aviation ,administration with respect to the regulation of such systems4 #e4 ,preservation 7a7 ,rights to privacy ,in prescribing regulations or standards related to civil or small unmanned aircraft systems1 the ,secretary shall not authorize the operation of a small or civil unmanned aircraft in airspace local in nature above property where there is a reasonable expectation of privacy without permission of the property owner4 7b7 ,causes of action1 claims1 and remedies 7#a7 ,in general ,nothing in this section shall be construed to preempt1 displace1 or supplant any ,federal1 ,state1 or ,tribal common law rights or any ,federal1 ,state1 or ,tribal statute or common law right creating a remedy for civil relief1 including those for civil damages1 or a penalty for a criminal law4 7#b7 ,cause of actions upheld ,nothing in this section shall preempt or preclude any cause of action for personal injury1 wrongful death1 property damage1 inverse condemnation1 trespass1 nuisance or other injury based on negligence1 strict liability1 products liability1 failure to warn1 or any other legal theory of liability under any maritime law1 or any ,federal1 ,state1 or ,tribal common law or statutory theory1 except that no cause of action1 claim or remedy may be made solely because of the transit of an unmanned aircraft through airspace local in nature over private property in the absence of proof that such transit substantially interfered with the owner or lessee's use or enjoyment of the property or repeatedly transited the airspace local in nature above the owner's property4 7c7 ,private airspace ,notwithstanding any other provision of law1 the ,secretary shall not issue any rule or regulation that impedes or operates contrary to the authority of a ,state1 local1 or ,tribal government to define private property rights as it applies to unmanned aircraft in the airspace above property that is local in nature4 7d7 ,rights to operate ,a ,state or local government may not unreasonably or substantially impede the ability of a civil unmanned aircraft1 from reaching the navigable airspace4 ,unreasonable or substantial impeding of a civil unmanned aircraft from reaching the navigable airspace includes-- 7#a7 outright bans on overflights of the entirety of the lateral boundaries of a ,state or local government's jurisdiction2 7#b7 excessively large prohibitions on overflights of areas of local significance such that access to airspace is so impeded as to make flight within the lateral boundaries of a ,state or local government's jurisdiction nearly impossible2 and 7#c7 a combination of restrictions intended to unreasonably impede or having the practical effect of unreasonably impeding the ability of a civil unmanned aircraft from reaching the navigable airspace4 7e7 ,right-of-,way ,nothing in this section shall be construed to prevent an operator or pilot from operating a small or civil unmanned aircraft over their own property1 right of way1 easement1 lands1 or waters4 #f4 ,statutory construction 7a7 ,judicial review ,an action taken by the ,secretary of ,transportation under any of sections #d,,xxxw-#d,,xxxy is subject to judicial review as provided under section #dfaaj of title #di1 ,united ,states ,code4 7b7 ,civil and criminal jurisdiction ,nothing in this ,act 7including the amendments made by this ,act7 may be construed to diminish or expand the civil or criminal jurisdiction of-- 7#a7 any ,tribal ,government relative to any ,state or local government2 or 7#b7 any ,state or local government relative to any ,tribal ,government4 7c7 ,limitation ,nothing in this ,act 7including the amendments made by this ,act7 may be construed to-- 7#a7 affect manned aircraft operations or the authority of the ,federal ,aviation ,authority 7in this section referred to as ,,faa7 with respect to manned aviation2 7#b7 affect the right of the ,,faa to take emergency action1 including the right to issue temporary flight restrictions2 7#c7 affect the right of the ,,faa to pursue enforcement action against unsafe unmanned aircraft operators2 and 7#d7 affect the right of first responders to access airspace in the event of an emergency4