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

Current understanding

Under the SAFER SKIES Act, DOJ and DHS have codified a two-tiered training, certification, and operational framework that extends counter-unmanned aircraft system (C-UAS) detection, warning, and mitigation authority to state, local, tribal, and territorial (SLTT) law enforcement and correctional agencies. Previously, C-UAS mitigation authority was largely restricted to a small set of federal agencies; the new framework establishes eligibility criteria, training requirements, and operational limits for participating SLTT entities.

Evidence log

• 2025-02-20 — DEFENSE Act: cross-connection with defense-act-counter-uas-deputization: The DEFENSE Act operationalizes the broader SLTT counter-UAS authority concept by creating a specific federal deputization pathway for state and local officers at TFR-protected mass gatherings. (novelty: 3)
• 2026-03-25 — Wildfire Aerial Response Safety Act: cross-connection with wildfire-aerial-response-safety-act: HR6618’s directive to evaluate counter-drone systems for wildfire incidents overlaps with expanded counter-UAS authorities being considered for state, local, tribal, and territorial agencies. (novelty: 2)
• 2026-02-24 — ACERO Act: cross-connection with acero-act-wildfire-uas: Both address UAS airspace coordination among federal, state, and local authorities, though ACERO focuses on integrating cooperative wildfire-response UAS while Counter-UAS addresses non-cooperative threats. (novelty: 3)
• 2026-05-06 — Designation-Restrict the Operation of Unmanned Aircraft in Close Proximity to a Fixed Site Facility: cross-connection with uas-fixed-site-facility-restrictions: Both address protection of sensitive ground sites from UAS overflight — Section 2209 provides a petition-based airspace restriction pathway while counter-UAS authority provides active mitigation authority to non-federal agencies. (novelty: 2)

Open questions

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