North Dakota Public Safety Grants

What Happened to HB 1038?

The introduced HB 1038 proposed $15 million for replacing noncompliant state drones and another radar investment. The final signed bill’s title and enacted text address the state radar data pathfinder program; the drone-replacement appropriation was removed during the legislative process. A headline saying HB 1038 passed does not establish that its original $15 million replacement provision passed.

The operative state fleet measure is 2025 SB 2018, section 14, with a $9 million Commerce appropriation through June 30, 2027. State agencies and institutions with drones owned before January 1, 2025 may be eligible for equivalent-capability replacement. Commerce purchases the aircraft based on agency needs and UAS Test Site recommendations, funds training, favors sharing and directs disposition of replaced aircraft.

State Control of UAS Data

SB 2018 permits NDIT, working with Commerce and the Northern Plains UAS Test Site, to implement an enterprise UAS data-management solution. If implemented, all data collected, transmitted, stored and consumed by the UAS must remain under state control. This is a concrete system-design requirement for the state program, including mapping, telemetry, imagery and vendor-hosted workflows.

Commerce’s September 2026 update says the state is finalizing procurement after technical, cost and mission assessments. Suppliers and participating agencies should work through the state process rather than assuming a retail purchase will be reimbursed.

North Dakota Surveillance and Records Law

NDCC chapter 29-29.4 restricts the evidentiary use of UAS or robot surveillance data unless obtained under a warrant or recognized exception. A surveillance warrant must describe authorizing personnel, locations, duration, data collection, use, disclosure and retention. Exceptions include qualifying border patrol, imminent danger to life or bodily harm, disaster assessment and qualifying research or training. The law restricts armed UAS and surveillance of constitutional activity.

Surveillance flights must be documented by duration, route and mission objective; flight information is retained five years. Certain imagery without articulable investigative relevance generally cannot be retained longer than 90 days. Establish a policy for approvals, evidence handling and records before fielding the system.

State Technology and Local Agency Scope

NDIT’s May 2026 Prohibited Technologies Policy applies to executive-branch state agencies. It bars designated technologies on state-owned devices and STAGEnet, uses mobile-device management and provides an exception process. The policy references a separate, updateable Prohibited Technologies Standard; do not treat the policy as a fixed public blacklist of every drone manufacturer or automatically extend its scope to all counties.

For aircraft, payloads and surveillance systems, review application access, firmware update path, controllers, network interfaces, cloud destination, vendor remote access, encryption and incident response. Local agencies should apply their own rules and any state-network connection conditions.

Federal Grants, ASDA and BJA Approval

OMB M-26-02, Appendix D implements the American Security Drone Act restriction: since December 22, 2025, federal award funds generally may not procure or be used in connection with operating a FASC-prohibited UAS, subject to the memorandum’s exemptions and waivers. A state fleet initiative does not override federal award terms for a federally funded mission.

BJA’s September 2026 UAS guidance additionally requires express prior approval to purchase UAS under BJA awards and a certification tied to the Defense Contract Management Agency’s Blue UAS Cleared List, with privacy and cybersecurity assurances. North Dakota’s JAG notice lists UAS programs as a purpose area but also lists aircraft as a prohibited cost; resolve the specific purchase with the AG grants office and BJA before obligation. Section 889 surveillance/telecom rules, TAA contract clauses and FCC equipment status require separate product- and transaction-specific checks. Read the federal procurement explainer.

Practical North Dakota UAS Procurement Checklist

1. 1Identify the buyer and funding. The $9 million SB 2018 replacement program serves eligible state agencies and higher education; a local department should not budget it as an open grant.
2. 2Document state-program eligibility. For the Attorney General’s autonomous technology grant, confirm the BCI mission, agency or regional drone policy, quote, specifications and requested federal-compliance evidence.
3. 3Read the exact award terms. Separate local dollars, state appropriations, federal pass-through and direct BJA awards. A JAG UAS purpose area does not override program cost prohibitions or approval conditions.
4. 4Screen ASDA status for federal funds. Check OMB M-26-02 Appendix D for FASC-prohibited UAS, exemptions and waivers when a federal award pays for procurement or operation.
5. 5Get UAS approval before purchase. BJA requires express prior approval, its Blue UAS certification and privacy/cyber assurances. FEMA or other awards may impose additional prior-approval rules.
6. 6Review components and data flows. Record aircraft, payload, radio, controller, app, firmware, cloud location and vendor access. Apply NDIT prohibited-technology policy where the executive-branch scope or STAGEnet connection makes it relevant.
7. 7Plan the surveillance mission. Apply NDCC chapter 29-29.4 warrant and exception rules; document flights and retention. Confirm FAA operating authority and any site-specific permissions.
8. 8Keep the procurement record. Save source-of-funds, product representations, approvals, security assessment, operating policy, training and disposition decisions with the purchase file.