,,ii #aaeth ,,congress #ast ,session ,s4 #abgb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #be1 #bjag ,mrs4 ,feinstein 7for herself1 ,mr4 ,lee1 ,mr4 ,blumenthal1 and ,mr4 ,cotton7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to preserve ,state1 local1 and tribal authorities and private property rights with respect to unmanned aircraft systems1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,drone ,federalism ,act of #bjag4 #b4 ,preservation of ,state1 local1 and tribal authorities with respect to unmanned aircraft systems 7a7 ,scope of preemption for civil unmanned aircraft regulations ,in prescribing regulations or standards related to civil unmanned aircraft systems1 the ,administrator shall-- 7#a7 define the scope of the preemptive effect of such regulations or standards pursuant to section #djajc or #dagac of title #di1 ,united ,states ,code1 which shall be limited to the extent necessary to ensure the safety and efficiency of the national airspace system for interstate commerce2 and 7#b7 preserve1 to the greatest extent practicable1 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 7b7 ,reserved powers 7#a7 ,in general ,in prescribing regulations or standards related to civil unmanned aircraft systems1 the ,administrator shall ensure that the authority of a ,state1 local1 or tribal government to issue reasonable restrictions on the time1 manner1 and place of operation of a civil unmanned aircraft system that is operated below #bjj feet above ground level or within #bjj feet of a structure is not preempted4 7#b7 ,reasonable restrictions ,for purposes of paragraph 7#a71 reasonable restrictions on the time1 manner1 and place of operation of a civil unmanned aircraft system include the following3 7,a7 ,limitations on speed4 7,b7 ,prohibitions or limitations on operations in the vicinity of schools1 parks1 roadways1 bridges1 or other public or private property4 7,c7 ,restrictions on operations at certain times of the day or week or on specific occasions such as during parades or sporting events4 7,d7 ,prohibitions on operations while the operator is under the influence of drugs or alcohol4 7,e7 ,prohibitions on careless or reckless operations4 7,f7 ,other prohibitions that protect public safety1 personal privacy1 or property rights1 or that manage land use or restrict noise pollution4 #c4 ,preservation of private property rights 7a7 ,affirmation of applicability of constitutional takings clause to ,federal ,aviation ,administration regulations ,in prescribing regulations or standards related to civil unmanned aircraft systems1 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 owner4 7b7 ,affirmation of applicability of constitutional takings clause absent ,federal ,aviation ,administration regulations ,section #ccf7;a7 of the ,,faa ,modernization and ,reform ,act of #bjab 7,public ,law #aab-ie2 #di ,u4,s4,c4 #djaja note7 is amended-- 7#a7 in paragraph 7#d71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#f7 when flown in the immediate reaches of the airspace above property 7as defined in section #c7;c7 of the ,drone ,federalism ,act of #bjag71 the operator has the permission of the property owner4 4 7c7 ,definition ,in this section1 the term immediate reaches of the airspace above property1 with respect to the operation of a civil unmanned aircraft system1 includes-- 7#a7 any area within #bjj feet above the ground level of the property2 7#b7 any area within #bjj feet above any structure on the property2 and 7#c7 any area where operation of the aircraft system could interfere with the enjoyment or use of the property4 #d4 ,pilot program on ,federal partnerships 7a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,administrator shall enter into agreements with not more than #aj ,state1 local1 or tribal governments to establish pilot programs under which-- 7#a7 the ,administrator shall provide technical assistance to such governments in regulating the operation of civil unmanned aircraft systems1 including through the use of the latest available technologies2 and 7#b7 the ,administrator and such governments shall coordinate efforts with respect to the enforcement of regulations relating to the operation of civil unmanned aircraft systems4 7b7 ,selection ,in selecting among ,state1 local1 and tribal governments for purposes of establishing pilot programs under subsection 7a71 the ,administrator shall seek to enter into agreements with-- 7#a7 governments that vary in their size and intended approach to regulation of civil unmanned aircraft systems2 and 7#b7 not less than one ,state government1 not less than one county government1 not less than one city government1 and not less than one tribal government4 7c7 ,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 7a7 are consulted in the development of the unmanned aircraft systems traffic management system under subsection 7a7 section #bbjh of the ,,faa ,extension1 ,safety1 and ,security ,act of #bjaf 7,public ,law #aad-aij2 #di ,u4,s4,c4 #djaja note7 and the pilot program under subsection 7b7 of that section4 7d7 ,report required ,not later than #b years after establishing the pilot programs required by subsection 7a71 the ,administrator shall 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 civil unmanned aircraft systems and to collaborate with the ,federal ,aviation ,administration with respect to the regulation of such systems4 #e4 ,rule of construction ,nothing in this ,act shall be construed-- 7#a7 to diminish or expand the preemptive effect of the authority of the ,federal ,aviation ,administration with respect to manned aviation2 or 7#b7 to affect the civil or criminal jurisdiction of-- 7,a7 any ,indian tribe relative to any ,state or local government2 or 7,b7 any ,state or local government relative to any ,indian tribe4 #f4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,aviation ,administration4 7#b7 ,civil ,the term civil1 with respect to an unmanned aircraft system1 means that the unmanned aircraft is not a public aircraft 7as defined in section #djajb of title #di1 ,united ,states ,code74 7#c7 ,indian tribe ,the term ,indian tribe has the meaning given that term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#d7 ,local government ,the term local1 with respect to a government1 means the government of a subdivision of a ,state4 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 tribal1 with respect to a government1 means the governing body of an ,indian tribe4 7#g7 ,unmanned aircraft2 unmanned aircraft system ,the terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7,public ,law #aab-ie2 #di ,u4,s4,c4 #djaja note74