Broadband Permitting Modernization Act
This bill modifies, and requires reports about, permitting requirements for broadband activities on federal lands.
Specifically, the Department of the Interior and the Department of Agriculture (USDA) must report on communication use authorizations (i.e., authorizations to modify or locate communications facilities on public land administered by Interior or National Forest System land). Among other topics, the report must assess barriers to reviewing the authorizations and describe the process for prioritizing reviews.
Interior and USDA must also each establish an online portal to manage the Form 299 (used to apply for rights to install, modify, or maintain a communications facility on federal real property) approval process. The National Telecommunications and Information Administration must (1) report to Congress every 60 days on the status of the portals until they are established, and (2) publish links to each established portal on its website.
The bill also authorizes the delegation of federal environmental compliance for certain broadband projects to states and Indian tribes. Interior and USDA must establish a voluntary program whereby states or Indian tribes may conduct (subject to specified terms) environmental reviews for broadband projects within an operational right-of-way (i.e., all real property interests acquired for the construction or operation of a project) on land managed by Interior, National Forest System land, or Indian land.
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. 3370 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3370
To streamline the broadband permitting process for broadband services,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 20, 2021
Mr. Curtis (for himself, Mr. Westerman, Mr. McKinley, Mr. Upton, Mr.
Wittman, and Mr. Armstrong) introduced the following bill; which was
referred to the Committee on Natural Resources, and in addition to the
Committees on Agriculture, and Energy and Commerce, 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 streamline the broadband permitting process for broadband services,
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 ``Broadband Permitting Modernization
Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Enhancing Administrative Reviews for Broadband Deployment Act.
Sec. 4. DIGITAL Applications Act.
Sec. 5. Facilitating DIGITAL Applications Act.
Sec. 6. Rural Broadband Permitting Efficiency Act of 2021.
SEC. 3. ENHANCING ADMINISTRATIVE REVIEWS FOR BROADBAND DEPLOYMENT ACT.
(a) Short Title.--This section may be cited as the ``Enhancing
Administrative Reviews for Broadband Deployment Act''.
(b) Enabling Administrative Review.--
(1) Definitions.--In this section:
(A) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(i) the Committee on Energy and Commerce of
the House of Representatives;
(ii) the Committee on Natural Resources of
the House of Representatives;
(iii) the Committee on Commerce, Science,
and Transportation of the Senate; and
(iv) the Committee on Environment and
Public Works of the Senate.
(B) Communications facility.--The term
``communications facility'' includes--
(i) any infrastructure, including any
transmitting device, tower, or support
structure, and any equipment, switch, wiring,
cabling, power source, shelter, or cabinet,
associated with the licensed or permitted
unlicensed wireless or wireline transmission of
any writing, sign, signal, data, image,
picture, or sound of any kind; and
(ii) any antenna or apparatus that--
(I) is designed for the purpose of
emitting radio frequency;
(II) is designed to be operated, or
is operating, from a fixed location
pursuant to authorization by the
Commission or is using a duly
authorized device that does not require
an individual license; and
(III) is added to a tower,
building, or other structure.
(C) Communications site.--The term ``communications
site'' means an area of covered land designated for
communications uses.
(D) Communications use.--The term ``communications
use'' means the placement and operation of a
communications facility.
(E) Communications use authorization.--The term
``communications use authorization'' means an easement,
right-of-way, lease, license, or other authorization to
locate or modify a communications facility on covered
land by the Department concerned for the primary
purpose of authorizing the occupancy and use of the
covered land for communications use.
(F) Covered land.--The term ``covered land''
means--
(i) public land administered by the
Secretary of the Interior; and
(ii) National Forest System land.
(G) Department concerned.--The term ``Department
concerned'' means the Department of the Interior or the
Department of Agriculture.
(H) Organizational unit.--The term ``organizational
unit'' means--
(i) with respect to public land
administered by the Secretary of the Interior--
(I) a State office;
(II) a district office; or
(III) a field office; and
(ii) within the Forest Service--
(I) a regional office;
(II) the headquarters;
(III) a management unit; or
(IV) a ranger district office.
(I) Secretary concerned.--The term ``Secretary
concerned'' means--
(i) the Secretary of the Interior, with
respect to public land; and
(ii) the Secretary of Agriculture, with
respect to National Forest System land.
(2) Study required.--Not later than 1 year after the date
of enactment of this Act, the Secretary concerned shall submit
to the appropriate committees of Congress a report that--
(A) provides an assessment on programmatic or
administrative barriers to reviewing communications use
authorizations by the Department concerned or
organizational units of the Department concerned;
(B) provides an assessment whether there are rules
or regulations of the Department concerned that could
be revised to improve the efficiency of reviewing a
communications use authorization;
(C) describes the process for prioritizing the
review of a communications use authorization; and
(D) provides a plan to ensure adequate staffing
throughout organizational units of the Department
concerned to review communications use authorizations
in a timely manner.
SEC. 4. DIGITAL APPLICATIONS ACT.
(a) Short Title.--This section may be cited as the ``Deploying
Infrastructure with Greater Internet Transactions And Legacy
Applications Act'' or the ``DIGITAL Applications Act''.
(b) Establishment of an Online Portal for Form 299.--
(1) Definitions.--In this section:
(A) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(i) the Committee on Energy and Commerce of
the House of Representatives;
(ii) the Committee on Natural Resources of
the House of Representatives;
(iii) the Committee on Commerce, Science,
and Transportation of the Senate; and
(iv) the Committee on Environment and
Public Works of the Senate.
(B) Assistant secretary.--The term ``Assistant
Secretary'' means the Assistant Secretary of Commerce
for Communications and Information.
(C) Department concerned.--The term ``Department
concerned'' means the Department of the Interior or the
Department of Agriculture.
(D) Form 299.--The term ``Form 299'' means the form
established under section 6409(b)(2)(A) of the Middle
Class Tax Relief and Job Creation Act of 2012 (47
U.S.C. 1455(b)(2)(A)) or any successor form.
(E) Secretary concerned.--The term ``Secretary
concerned'' means--
(i) the Secretary of the Interior, with
respect to land administered by such Secretary;
and
(ii) the Secretary of Agriculture, with
respect to National Forest System land.
(2) Establishment of online portal.--
(A) Establishment.--Not later than 1 year after the
date of enactment of this Act, the Secretary concerned
shall establish an online portal for the acceptance,
processing, and disposal of a Form 299.
(B) Notification.--Not later than 3 business days
after the date on which the online portal has been
established pursuant to subparagraph (A), the Secretary
concerned shall notify the Assistant Secretary of such
establishment.
(3) Availability of online portal.--The Assistant Secretary
shall publish on the website of the National Telecommunications
and Information Administration a link to each online portal
established pursuant to paragraph (1)(A).
SEC. 5. FACILITATING DIGITAL APPLICATIONS ACT.
(a) Short Title.--This section may be cited as the ``Facilitating
the Deployment of Infrastructure with Greater Internet Transactions And
Legacy Applications Act'' or the ``Facilitating DIGITAL Applications
Act''.
(b) Barriers to Implementation of an Online Portal for Form 299.--
(1) Definitions.--In this section:
(A) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(i) the Committee on Energy and Commerce of
the House of Representatives;
(ii) the Committee on Natural Resources of
the House of Representatives;
(iii) the Committee on Commerce, Science,
and Transportation of the Senate; and
(iv) the Committee on Environment and
Public Works of the Senate.
(B) Assistant secretary.--The term ``Assistant
Secretary'' means the Assistant Secretary of Commerce
for Communications and Information.
(C) Communications facility.--The term
``communications facility'' includes--
(i) any infrastructure, including any
transmitting device, tower, or support
structure, and any equipment, switch, wiring,
cabling, power source, shelter, or cabinet,
associated with the licensed or permitted
unlicensed wireless or wireline transmission of
any writing, sign, signal, data, image,
picture, and sound of any kind; and
(ii) any antenna or apparatus that--
(I) is designed for the purpose of
emitting radio frequency;
(II) is designed to be operated, or
is operating, from a fixed location
pursuant to authorization by the
Commission or is using a duly
authorized device that does not require
an individual license; and
(III) is added to a tower,
building, or other structure.
(D) Communications use.--The term ``communications
use'' means the placement and operation of a
communications facility.
(E) Communications use authorization.--The term
``communications use authorization'' means an easement,
right-of-way, lease, license, or other authorization to
locate or modify a communications facility on covered
land by the Department concerned for the primary
purpose of authorizing the occupancy and use of the
covered land for communications use.
(F) Covered land.--The term ``covered land''
means--
(i) public land administered by the
Secretary of the Interior; and
(ii) National Forest System land.
(G) Department concerned.--The term ``Department
concerned'' means the Department of the Interior or the
Department of Agriculture.
(H) Form 299.--The term ``Form 299'' means the form
established under section 6409(b)(2)(A) of the Middle
Class Tax Relief and Job Creation Act of 2012 (47
U.S.C. 1455(b)(2)(A)), or any successor form.
(I) Secretary concerned.--The term ``Secretary
concerned'' means--
(i) the Secretary of the Interior, with
respect to land administered by such Secretary;
and
(ii) the Secretary of Agriculture, with
respect to National Forest System land.
(2) Barriers to implementation.--
(A) In general.--Not later than 90 days after the
date of enactment of this section, and every 60 days
thereafter until the notification described in
subparagraph (B), the Assistant Secretary shall submit
to the appropriate committees in Congress a report
that--
(i) describes whether the Department
concerned has established an online portal for
the acceptance, processing, and disposal of a
Form 299; and
(ii) describes any barrier to the
establishment of an online portal for the
acceptance, processing, and disposal of a Form
299.
(B) Notification described.--The Secretary
concerned shall notify the Assistant Secretary not
later than 3 business days after the Department
concerned has established an online portal for the
acceptance, processing, and disposal of a Form 299.
SEC. 6. RURAL BROADBAND PERMITTING EFFICIENCY ACT OF 2021.
(a) Short Title.--This section may be cited as the ``Rural
Broadband Permitting Efficiency Act of 2021''.
(b) Definitions.--In this section:
(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).
(c) State or Tribal Permitting Authority.--
(1) 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.
(2) Assumption of responsibilities.--
(A) In general.--In entering into a memorandum of
understanding under this subsection, 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.).
(B) State or indian tribe responsibility.--
(i) In general.--A State or Indian Tribe
that assumes any responsibility under
subparagraph (A) shall be subject to the same
procedural and substantive requirements as
would apply if the responsibility were carried
out by the Secretary concerned.
(ii) Effect of assumption of
responsibility.--A State or Indian Tribe that
assumes any responsibility, including financial
responsibility, under subparagraph (A) shall be
solely responsible and solely liable for
carrying out, in lieu of the Secretary
concerned, the responsibilities assumed under
that subparagraph until the date on which the
program is terminated under paragraph (7).
(iii) Environmental review.--A State or
Indian Tribe that assumes any responsibility
under subparagraph (A) 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.
(C) Federal responsibility.--Any responsibility of
the Secretary concerned described in subparagraph (A)
that is not explicitly assumed by the State or Indian
Tribe in the memorandum of understanding shall remain
the responsibility of the Secretary concerned.
(3) Offer and notification.--A State or Indian Tribe that
intends to offer to enter into a memorandum of understanding
under this subsection 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.
(4) 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.
(5) Memorandum of understanding.--A memorandum of
understanding entered into under this subsection shall--
(A) 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;
(B) be for a term not to exceed 10 years;
(C) be in such form as the Secretary concerned may
prescribe;
(D) provide that the State or Indian Tribe--
(i) agrees to assume all or part of the
responsibilities of the Secretary concerned
described in paragraph (2)(A);
(ii) 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;
(iii) 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;
(iv) agrees to maintain the financial
resources necessary to carry out the
responsibilities being assumed;
(v) 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;
(vi) 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
(vii) agrees to send a copy of all
authorizing documents to the United States for
proper notation and recordkeeping;
(E) 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;
(F) not be granted to a State on Indian Lands
without the consent of the relevant Indian Tribe; and
(G) not be granted to an Indian Tribe on State
lands without the consent of the relevant State.
(6) Limitation.--Nothing in this subsection permits a State
or Indian Tribe to assume--
(A) any rulemaking authority of the Secretary
concerned under any Federal law; and
(B) Federal Government responsibilities for
government-to-government consultation with Indian
Tribes.
(7) Termination.--
(A) Termination by the secretary.--The Secretary
concerned may terminate the participation of any State
or Indian Tribe in the program established under this
subsection if--
(i) 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;
(ii) 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
(iii) the State or Indian Tribe, after the
notification and period provided under clause
(ii), fails to take satisfactory corrective
action, as determined by the Secretary
concerned.
(B) 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 subsection 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.
(C) 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 subsection 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.
(d) Federal Broadband Permit Coordination.--
(1) Establishment.--The Secretary concerned shall establish
a broadband permit streamlining team comprised of qualified
staff under paragraph (2)(D) in each State or regional office
that has been delegated responsibility for issuing permits for
broadband projects.
(2) Memorandum of understanding.--
(A) 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
subsection with--
(i) the Secretary of Agriculture or of the
Interior, as appropriate;
(ii) the Director of the Bureau of Indian
Affairs; and
(iii) the Director of the United States
Fish and Wildlife Service.
(B) Purpose.--The purpose of the memorandum of
understanding under subparagraph (A) is to coordinate
and expedite permitting decisions for broadband
projects.
(C) 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
subparagraph (A).
(D) Designation of qualified staff.--
(i) In general.--Not later than 30 days
after the date of entrance into the memorandum
of understanding under subparagraph (A), 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).
(ii) Duties.--Each employee designated
under clause (i) 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 subsection
(c)(2)(A) relating to any issue
described in subclause (A).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, and Energy and Commerce, 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 Committees on Agriculture, and Energy and Commerce, 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 Committees on Agriculture, and Energy and Commerce, 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 on Communications and Technology.
Referred to the Subcommittee on National Parks, Forests, and Public Lands.
Referred to the Subcommittee on Conservation and Forestry.
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