Preservation of local zoning authority for unmanned aircraft take-off and landing zones

(a) General authority Subject to the succeeding provisions of this section, nothing in this Act shall limit or affect the authority of a State, local, or Tribal government over decisions regarding the designation, placement, construction, or modification of an unmanned aircraft take-off and landing zone. (b) Nondiscrimination The regulation of the designation, placement, construction, or modification of an unmanned aircraft take-off and landing zone by any State, local, or Tribal government may not— (1) unreasonably discriminate among commercial operators of unmanned aircraft systems; or (2) prohibit, or have the effect of prohibiting, a commercial operator from operating an unmanned aircraft system. (c) Applications (1) Requirement to act (A) In general A State, local, or Tribal government shall act on any complete application for authorization to designate, place, construct, or modify an unmanned aircraft take-off and landing zone within 60 days of receiving such application. (B) Denial If a State, local, or Tribal government denies an application for the designation, placement, construction, or modification of an unmanned aircraft take-off and landing zone, the State, local, or Tribal government shall, not later than 30 days after denying the application, submit to the commercial operator a written record that details— (i) the findings and substantial evidence that serves as the basis for denying the application; and (ii) recommendations for how the commercial operator can address the reasons for the application’s denial. (2) Fees Notwithstanding any other provision of law, a State, local, or Tribal government may charge a fee to consider an application for the designation, placement, construction, or modification of an unmanned aircraft take-off and landing zone, or to use a right-of-way or a facility in a right-of-way owned or managed by the State, local, or Tribal government for the designation, placement, construction, or modification of an unmanned aircraft take-off and landing zone, if the fee is— (A) competitively neutral, technologically neutral, and nondiscriminatory; and (B) publicly disclosed. (3) Rule of construction Nothing in this subsection may be construed to prevent any State, local, or Tribal government from imposing any additional limitation or requirement relating to consideration by the State, local, or Tribal government of an application for the designation, placement, construction, or modification of an unmanned aircraft take-off and landing zone. (d) Judicial review Any person adversely affected by any final action or failure to act by a State, local, or Tribal government that is inconsistent with this section may, within 30 days after the action or failure to act, commence an action in any court of competent jurisdiction, which shall hear and decide the action on an expedited basis. (e) Effective date The provisions of this section shall take effect on the day that is 180 days after the final rule under section 3(d) is issued.