Submitted Photo Chinese manufactured drones, as the model shown, are common among the state’s uncrewed aerial vehicles but raise concerns about vulnerability to foreign surveillance and data collection. Photo from Northern Plains UAS Test Site.

BISMARCK – Concerns over security and privacy surrounding Chinese-manufactured unmanned aircraft systems – prevalent in North Dakota as well as the United States – have led to legislation to replace many of the drones used by state agencies.

House Bill 1038, which would spend $15 million to replace drones and retrain pilots, passed the N.D. House 89-4 and is being reviewed in a slightly amended form in the Senate.

More than 90% of North Dakota’s drone fleet is Chinese-made, according to the Northern Plains UAS Test Site (NPUASTS) in Grand Forks, a state agency and a backer of HB 1038.

“Chinese drones, particularly those manufactured by DJI, dominate the U.S. drone market, holding an estimated 70-80% share of consumer and enterprise UAS sales,” NPUASTS information stated. “These drones are used across industries, including agriculture, construction, law enforcement, and public safety due to their accessibility, affordability, and advanced features. Their prevalence highlights a growing reliance on foreign technology in critical operations, raising questions about security and control.”

HB 1038 would not affect commercial or recreational drone users but is meant to remove drones made by foreign adversaries from the state’s inventory, said Erin Roesler, deputy executive director with NPUASTS. The bill carries an emergency clause, so it would take effect upon passage and give more time for procurement of replacements by agencies affected by a federal ban that takes effect in December.

“We’re talking about 300 drones that we’re seeking potentially for replacement,” Roesler said. “As much as we can be proactive in this and have time on our side, we benefit all around.”

Drones have become such an important tool that operating without them would be challenging, she added. For instance, the North Dakota Highway Patrol uses drones daily in its public safety missions.

“For them not to have access to that tool in their toolbox anymore will change how they respond to emergencies, and that’s something we don’t want to have happen,” Roesler said.

U.S. concerns about vulnerabilities with the use of Chinese drones originated several years ago with the Army, she explained. Eventually, the Department of Defense took notice, followed by other federal agencies.

“This is a serious enough threat that we should be taking some measures to protect our government data,” Roesler said.

NPUASTS lists a number of risks related to the use of Chinese technology, including:

– Many Chinese drones transmit data to servers abroad.

– Potential exists for unauthorized surveillance and vulnerabilities that could be exploited by foreign adversaries.

– Federal restrictions on foreign-made drones create operational challenges for agencies relying on them.

– Over-reliance on foreign technology could lead to disruptions if geopolitical tensions escalate.

Hypothetically, a drone used by the state Department of Transportation to inspect critical infrastructure could collect sensitive geospatial data, which might then be accessed and leveraged by foreign entities for intelligence gathering or, in extreme cases, to disrupt infrastructure, according to NPUASTS.

Additionally, these devices contain critical electronic components that could be compromised, enabling malware injection into state systems. These drones are susceptible to remote firmware manipulation and other forms of foreign interference, potentially rendering them inoperable in emergencies, NPUASTS information stated.

HB1038 attempts to address the threat with a $15 million appropriation from the state’s Strategic Investment and Improvements Fund for replacement of uncrewed aerial vehicles, which can cost up to $50,000 each. A portion of the funding would go toward training agency staff to operate the new equipment.

Also, working with NPUASTS, the state would implement a data management program to ensure all data collected remains under the control of the state.

In addition, HB 1038 seeks $11 million for the Department of Commerce to support one-time funding to enable Vantis, NPUASTS’s Beyond-Visual-Line-Of-Sight UAS system, to utilize the Federal Aviation Administration’s Radar Data Pathfinder Program. This would greatly expand the system’s radar coverage in North Dakota.

Roesler said the Vantis portion of the bill has overwhelming legislative support. Legislators also understand the concern about foreign drones. The big hurdle for lawmakers, she said, is finding a place for the $15 million replacement cost in the overall state budget.

ND’s relations with foreign drone company raise alert

BISMARCK – Members of the peace organization CODEPINK traveled from Minot, Grand Forks and Fargo to the state Capitol Friday to voice concerns and seek more information about North Dakota’s relationship with a foreign drone manufacturer.

According to CODEPINK North Dakota, the first documented instance of Elbit Systems drone usage in North Dakota was in 2016, when an American subsidiary of the Israeli company tested its Hermes 450 drone on farmland near Hillsboro in collaboration with North Dakota State University. The project cost upwards of $700,000, half funded by the North Dakota Chamber of Commerce, CODEPINK stated.

CODEPINK said that technology is now used for surveillance abroad, including in the Gaza Strip. Elbit System drones are used extensively in the defense industry, and CODEPINK reported the Hermes 450 likely has been used to commit multiple atrocities in Gaza. The organization added that Elbit Systems continues to lease hangar space at the Casselton Airport.