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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3307 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3307
To facilitate the expansion of broadband service to rural and Tribal
communities through improved permitting efficiency, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2023
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 facilitate the expansion of broadband service to rural and Tribal
communities through improved permitting efficiency, 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 2023''.
SEC. 2. STATE AND TRIBAL PERMITTING AUTHORITY.
(a) In General.--The Secretary concerned shall establish (or, in a
circumstance that would affect both Secretaries concerned, the
Secretaries concerned shall jointly establish) a voluntary program
under which a 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.) with respect to the issuance of a Federal authorization
for a broadband project to be carried out within a right-of-way on
National Forest System land, land managed by the Department of the
Interior, or Indian Lands. Under such a memorandum of understanding, a
State or Indian Tribe 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 a 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 required
under the National Environmental Policy Act of 1969.
(2) State or indian tribe responsibility.--
(A) In general.--A State or Indian Tribe that
assumes a 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 a responsibility,
including a financial responsibility, under paragraph
(1) shall be solely responsible and solely liable for
carrying out, in lieu of the Secretary concerned, the
responsibility assumed under that paragraph until the
date on which a relevant termination is carried out
under subsection (g).
(C) Environmental review.--A State or Indian Tribe
that assumes a 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 a State or Indian Tribe under that
paragraph 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 at least 90 days before the date on which the
State or Indian Tribe submits a formal written offer to the Secretary
concerned.
(d) Tribal Consultation.--Not later than 90 days after the date on
which the Secretary concerned enters into a memorandum of understanding
under this section 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,
in the case of a State, or by the officer designated by the
governing body of an Indian Tribe, in the case of an 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 with respect to the
compliance, discharge, and enforcement of any
responsibility of the Secretary concerned assumed by
the State or Indian Tribe;
(C) certifies 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 that any
decision regarding the public availability of a
document under State or Tribal 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 being
assumed;
(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 and 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 analyses required under the
National Environmental Policy Act of 1969 that are assumed
under the memorandum of understanding;
(6) not be entered into with a State with respect to Indian
Lands without the consent of the relevant Indian Tribe; and
(7) not be entered into with an Indian Tribe with respect
to State lands without the consent of the relevant State.
(f) Limitation.--Nothing in this section allows a State or Indian
Tribe to assume--
(1) rulemaking authority of the Secretary concerned under
Federal law; or
(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 a 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 under a relevant memorandum of
understanding;
(B) the Secretary concerned provides to the State
or Indian Tribe--
(i) notification of the determination made
under subparagraph (A); and
(ii) a period of at least 30 days for the
State or Indian Tribe to take such corrective
action as the Secretary concerned determines
necessary to adequately carry out the
responsibilities assigned and assumed; 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 at least 90 days before the date of
termination.
(3) Termination of memorandum of understanding with state
or indian tribe.--A State or 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 at least 90 days before the date of termination.
SEC. 3. DEFINITIONS.
In this Act:
(1) Broadband project.--The term ``broadband project''
means an installation, by a broadband provider on Federal land,
of wireline or wireless broadband infrastructure that enables a
user to originate and receive high-quality voice, data,
graphics, and video telecommunications, including copper lines,
fiber optic lines, communications towers, buildings, or other
improvements.
(2) Broadband provider.--The term ``broadband provider''
means a provider of wireline or wireless broadband
infrastructure that enables a user to originate and receive
high-quality voice, data, graphics, and video
telecommunications.
(3) Federal authorization.--The term ``Federal
authorization''--
(A) means any authorization required under Federal
law with respect to a project; and
(B) includes any permits, special use
authorizations, certifications, opinions, or other
approvals as may be required under Federal law with
respect to a project.
(4) Indian lands.--The term ``Indian Lands'' means land
located within the boundaries of an Indian reservation, pueblo,
or rancheria, the title to which is held--
(A) by an Indian Tribe;
(B) in trust by the United States for the benefit
of an Indian Tribe;
(C) by an Indian Tribe, subject to restriction
against alienation under laws of the United States; or
(D) by a dependent Indian community.
(5) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 102 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5130).
(6) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)).
(7) Right-of-way.--The term ``right-of-way''--
(A) means--
(i) the area on, below, or above a roadway,
highway, street, sidewalk, alley, or similar
property (whether currently or previously used
in such manner); and
(ii) any land immediately adjacent to and
contiguous with property described in clause
(i) that is within the right-of-way grant; and
(B) does not include a portion of the Interstate
System (as such term is defined in section 101(a) of
title 23, United States Code).
(8) 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).
(9) State.--The term ``State'' means each State of the
United States, the District of Columbia, and each territory or
possession of the United States.
<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 on Commodity Markets, Digital Assets, and Rural Development.
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