Counter-UAS Authority for State, Local, Tribal, and Territorial Law Enforcement and Correctional Agencies

The Habematolel Pomo of Upper Lake, a federally recognized Indian tribe, supports the SAFER SKIES Act and the Interim Rule as a step toward addressing UAS threats. However, they urge the agencies to provide more clarity on covered facilities and to actively engage with tribal governments to address concerns regarding data sovereignty and the protection of sacred cultural sites.

The commenter expresses concern regarding the lack of a clear, centralized point of contact for reporting drone incursions. They are seeking information on response times and jurisdictional procedures for drones on federal land.

The commenter, an expert with over 30 years of experience in critical infrastructure vulnerability assessment, supports the Interim Final Rule as a necessary expansion of authority for local and correctional agencies. However, they argue that the rule's centralized structure and lack of funding create systemic fragilities and propose several "concrete fixes" to improve scalability, funding, and speed of adaptation.

The commenter opposes the proposed rule, arguing that it violates Fourth Amendment privacy rights by allowing warrantless electronic surveillance and tracking of drones. They also contend that the rule lacks clear congressional authorization and fails to comply with executive mandates regarding regulatory offsets.

Makita R Thatcher, a concerned member of the public, supports the rule providing Counter-UAS authority to state and local agencies but emphasizes the need for strict safeguards. The commenter urges the government to include specific requirements for data minimization, public reporting, audit access, and clear definitions of credible threats to prevent mission creep and protect civil liberties.