Rural Broadband Permitting Efficiency Act of 2021
This bill authorizes federal departments to delegate federal environmental compliance for broadband projects to states and Indian tribes.
Specifically, the bill requires the Department of Agriculture (USDA) and the Department of the Interior to establish a voluntary program whereby states or Indian tribes may opt-in to an agreement allowing them to take on the responsibility of environmental review for the permitting of broadband projects.
Such projects must be located within an operational right-of-way (all real property interests acquired for the construction or operation of a project) on (1) national forest system land, (2) land managed by Interior, or (3) Indian lands.
USDA and Interior shall also establish broadband permit streamlining teams to coordinate and expedite permitting decisions for broadband projects.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1047 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1047
To allow certain State and Tribal permitting authority to encourage
expansion of broadband service to rural and Tribal communities, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2021
Mr. Curtis introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on
Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To allow certain State and Tribal permitting authority to encourage
expansion of broadband service to rural and Tribal communities, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Broadband Permitting
Efficiency Act of 2021''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Broadband project.--The term ``broadband project''
means an installation by a broadband provider of wireless or
broadband infrastructure, including but not limited to, copper
lines, fiber optic lines, communications towers, buildings, or
other improvements on Federal land.
(2) Broadband provider.--The term ``broadband provider''
means a provider of wireless or broadband infrastructure that
enables a user to originate and receive high-quality voice,
data, graphics, and video telecommunications.
(3) Indian lands.--The term ``Indian Lands'' means--
(A) any land owned by an Indian Tribe, located
within the boundaries of an Indian reservation, pueblo,
or rancheria; or
(B) any land located within the boundaries of an
Indian reservation, pueblo, or rancheria, the title to
which is held--
(i) in trust by the United States for the
benefit of an Indian Tribe or an individual
Indian;
(ii) by an Indian Tribe or an individual
Indian, subject to restriction against
alienation under laws of the United States; or
(iii) by a dependent Indian community.
(4) Indian tribe.--The term ``Indian Tribe'' means a
federally recognized Indian Tribe.
(5) Operational right-of-way.--The term ``operational
right-of-way'' means all real property interests (including
easements) acquired for the construction or operation of a
project, including the locations of the roadway, bridges,
interchanges, culverts, drainage, clear zone, traffic control
signage, landscaping, copper and fiber optic lines, utility
shelters, and broadband infrastructure as installed by
broadband providers, and any rest areas with direct access to a
controlled access highway or the National Highway System.
(6) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture (acting through
the Chief of the Forest Service), with respect to
National Forest System land; and
(B) the Secretary of the Interior, with respect to
land managed by the Department of the Interior
(including land held in trust for an Indian Tribe).
SEC. 3. STATE OR TRIBAL PERMITTING AUTHORITY.
(a) In General.--The Secretary concerned shall establish (or in the
case where both Department of the Interior and National Forest System
land would be affected, shall jointly establish) a voluntary program
under which any State or Indian Tribe may offer, and the Secretary
concerned may agree, to enter into a memorandum of understanding to
allow for the State or Indian Tribe to prepare environmental analyses
required under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) for the permitting of broadband projects within an
operational right-of-way on National Forest System land, land managed
by the Department of the Interior, and Indian Lands. Under such a
memorandum of understanding, an Indian Tribe or State may volunteer to
cooperate with the signatories to the memorandum in the preparation of
the analyses required under the National Environmental Policy Act of
1969.
(b) Assumption of Responsibilities.--
(1) In general.--In entering into a memorandum of
understanding under this section, the Secretary concerned may
assign to the State or Indian Tribe, and the State or Indian
Tribe may agree to assume, all or part of the responsibilities
of the Secretary concerned for environmental analyses under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(2) State or indian tribe responsibility.--
(A) In general.--A State or Indian Tribe that
assumes any responsibility under paragraph (1) shall be
subject to the same procedural and substantive
requirements as would apply if the responsibility were
carried out by the Secretary concerned.
(B) Effect of assumption of responsibility.--A
State or Indian Tribe that assumes any responsibility,
including financial responsibility, under paragraph (1)
shall be solely responsible and solely liable for
carrying out, in lieu of the Secretary concerned, the
responsibilities assumed under that paragraph until the
date on which the program is terminated under
subsection (g).
(C) Environmental review.--A State or Indian Tribe
that assumes any responsibility under paragraph (1)
shall comply with the environmental review procedures
under parts 1500-1508 of title 40, Code of Federal
Regulations (or successor regulations), and the
regulations of the Secretary concerned.
(3) Federal responsibility.--Any responsibility of the
Secretary concerned described in paragraph (1) that is not
explicitly assumed by the State or Indian Tribe in the
memorandum of understanding shall remain the responsibility of
the Secretary concerned.
(c) Offer and Notification.--A State or Indian Tribe that intends
to offer to enter into a memorandum of understanding under this section
shall provide to the Secretary concerned notice of the intent of the
State or Indian Tribe not later than 90 days before the date on which
the State or Indian Tribe submits a formal written offer to the
Secretary concerned.
(d) Tribal Consultation.--Within 90 days of entering into any
memorandum of understanding with a State, the Secretary concerned shall
initiate consultation with relevant Indian Tribes.
(e) Memorandum of Understanding.--A memorandum of understanding
entered into under this section shall--
(1) be executed by the Governor or the Governor's designee,
or in the case of an Indian Tribe, by an officer designated by
the governing body of the Indian Tribe;
(2) be for a term not to exceed 10 years;
(3) be in such form as the Secretary concerned may
prescribe;
(4) provide that the State or Indian Tribe--
(A) agrees to assume all or part of the
responsibilities of the Secretary concerned described
in subsection (b)(1);
(B) expressly consents, including through the
adoption of express waivers of sovereign immunity, on
behalf of the State or Indian Tribe, to accept the
jurisdiction of the Federal courts for the compliance,
discharge, and enforcement of any responsibility of the
Secretary concerned assumed by the State or Indian
Tribe;
(C) certify that State laws and regulations, with
respect to States, or Tribal laws and regulations, with
respect to Indian Tribes, are in effect that--
(i) authorize the State or Indian Tribe to
take the actions necessary to carry out the
responsibilities being assumed; and
(ii) are comparable to section 552 of title
5, United States Code, including providing that
any decision regarding the public availability
of a document under the State laws is
reviewable by a court of competent
jurisdiction;
(D) agrees to maintain the financial resources
necessary to carry out the responsibilities being
assumed;
(E) agrees to provide to the Secretary concerned
any information the Secretary concerned considers
necessary to ensure that the State or Indian Tribe is
adequately carrying out the responsibilities assigned
to and assumed by the State or Indian Tribe;
(F) agrees to return revenues generated from the
use of public lands authorized under this section to
the United States annually, in accordance with the
Federal Land Policy Management Act of 1976 (43 U.S.C.
1701 et seq.); and
(G) agrees to send a copy of all authorizing
documents to the United States for proper notation and
recordkeeping;
(5) prioritize and expedite any analyses under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) under
the memorandum of understanding;
(6) not be granted to a State on Indian Lands without the
consent of the relevant Indian Tribe; and
(7) not be granted to an Indian Tribe on State lands
without the consent of the relevant State.
(f) Limitation.--Nothing in this section permits a State or Indian
Tribe to assume--
(1) any rulemaking authority of the Secretary concerned
under any Federal law; and
(2) Federal Government responsibilities for government-to-
government consultation with Indian Tribes.
(g) Termination.--
(1) Termination by the secretary.--The Secretary concerned
may terminate the participation of any State or Indian Tribe in
the program established under this section if--
(A) the Secretary concerned determines that the
State or Indian Tribe is not adequately carrying out
the responsibilities assigned to and assumed by the
State or Indian Tribe;
(B) the Secretary concerned provides to the State
or Indian Tribe--
(i) notification of the determination of
noncompliance; and
(ii) a period of at least 30 days during
which to take such corrective action as the
Secretary concerned determines is necessary to
comply with the applicable agreement; and
(C) the State or Indian Tribe, after the
notification and period provided under subparagraph
(B), fails to take satisfactory corrective action, as
determined by the Secretary concerned.
(2) Termination by the state or indian tribe.--A State or
Indian Tribe may terminate the participation of the State or
Indian Tribe in the program established under this section at
any time by providing to the Secretary concerned a notice of
intent to terminate by not later than the date that is 90 days
before the date of termination.
(3) Termination of memorandum of understanding with state
or indian tribe.--A State or an Indian Tribe may terminate a
joint memorandum of understanding under this section at any
time by providing to the Secretary concerned a notice of intent
to terminate by no later than the date that is 90 days before
the date of termination.
SEC. 4. FEDERAL BROADBAND PERMIT COORDINATION.
(a) Establishment.--The Secretary concerned shall establish a
broadband permit streamlining team comprised of qualified staff under
subsection (b)(4) in each State or regional office that has been
delegated responsibility for issuing permits for broadband projects.
(b) Memorandum of Understanding.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary concerned, in consultation
with the National Conference of State Historic Preservation
Officers and the National Tribal Historic Preservation Officers
Association, shall enter into a memorandum of understanding to
carry out this section with--
(A) the Secretary of Agriculture or of the
Interior, as appropriate;
(B) the Director of the Bureau of Indian Affairs;
and
(C) the Director of the United States Fish and
Wildlife Service.
(2) Purpose.--The purpose of the memorandum of
understanding under paragraph (1) is to coordinate and expedite
permitting decisions for broadband projects.
(3) State or tribal participation.--The Secretary concerned
may request that the Governor of any State or the officer
designated by the governing body of the Indian Tribe with one
or more broadband projects be a party to the memorandum of
understanding under paragraph (1).
(4) Designation of qualified staff.--
(A) In general.--Not later than 30 days after the
date of entrance into the memorandum of understanding
under paragraph (1), the head of each Federal agency
that is a party to the memorandum of understanding
(other than the Secretary concerned) may, if the head
of the Federal agency determines it to be appropriate,
designate to each State or regional office an employee
of that Federal agency with expertise in regulatory
issues relating to that Federal agency, including, as
applicable, particular expertise in--
(i) planning under the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16
U.S.C. 1600 et seq.) and planning under the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.);
(ii) the preparation of analyses under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
(iii) consultation and the preparation of
biological opinions under section 7 of the
Endangered Species Act of 1973 (16 U.S.C.
1536).
(B) Duties.--Each employee designated under
subparagraph (A) shall--
(i) be responsible for any issue relating
to any broadband project within the
jurisdiction of the State or regional office
under the authority of the Federal agency from
which the employee is assigned;
(ii) participate as part of the team of
personnel working on one or more proposed
broadband projects, including planning and
environmental analyses; and
(iii) serve as the designated point of
contact with any applicable State or Indian
Tribe that assumes any responsibility under
section 3(b)(1) relating to any issue described
in clause (i).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee for Indigenous Peoples of the United States.
Referred to the Subcommittee on National Parks, Forests, and Public Lands.
Referred to the Subcommittee on Conservation and Forestry.
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