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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2855 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2855
To modernize and streamline the permitting process for broadband
infrastructure on Federal land, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 20, 2023
Mr. Barrasso (for himself and Ms. Sinema) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To modernize and streamline the permitting process for broadband
infrastructure on Federal land, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Closing Long
Overdue Streamlining Encumbrances To Help Expeditiously Generate
Approved Permits Act'' or the ``CLOSE THE GAP Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Promulgation of regulations for streamlining purposes.
Sec. 4. Online tracking of application progress.
Sec. 5. Improving public safety on Federal land.
Sec. 6. Previously disturbed rights-of-way exemption.
Sec. 7. Wireless facility modifications.
Sec. 8. Establishment of online portals.
Sec. 9. Collection and retention of cost recovery fees.
Sec. 10. Federal Land Management Agency Working Group.
SEC. 2. DEFINITIONS.
In this Act:
(1) Communications facility.--The term ``communications
facility'' includes--
(A) any infrastructure, including any transmitting
device, tower, or support structure, and any equipment,
switches, wiring, cabling, power sources, shelters, or
cabinets, associated with the licensed or permitted
unlicensed wireless or wireline transmission of
writings, signs, signals, data, images, pictures, and
sounds of all kinds; and
(B) any antenna or apparatus that--
(i) is designed for the purpose of emitting
radio frequency;
(ii)(I) is designed to be operated, or is
operating, from a fixed location pursuant to
authorization by the Federal Communications
Commission; or
(II) is using duly authorized devices that
do not require individual licenses; and
(iii) is added to a tower, building, pole,
cable, or other structure.
(2) Communications site.--The term ``communications site''
means an area of Federal land available for communications use.
(3) Communications use.--
(A) In general.--The term ``communications use''
means the placement or operation of infrastructure for
wireline or wireless telecommunications, including
cable television, television, and radio communications,
regardless of whether the placement or operation is
pursuant to a license issued by the Federal
Communications Commission or on an unlicensed basis in
accordance with the regulations of the Federal
Communications Commission.
(B) Inclusions.--The term ``communications use''
includes any ancillary activities, uses, or facilities
directly related to the placement or operation of
infrastructure for wireline or wireless
telecommunications.
(4) Communications use authorization.--The term
``communications use authorization'' means a right-of-way,
permit, or lease granted, issued, or executed by a Federal land
management agency for the primary purpose of authorizing the
occupancy and use of Federal land for the construction,
placement, and operation of a communications facility.
(5) Cost recovery fee.--The term ``cost recovery fee''
means any fee collected by a Federal land management agency
related to--
(A) an application for a communications use
authorization; or
(B) the occupancy and use authorized by a
communications use authorization pursuant to and
consistent with authorizing law.
(6) Covered land.--The term ``covered land'' means land
managed by the Secretary concerned.
(7) Electronic sf-299.--The term ``electronic SF-299''
means a version of Standard Form 299, or a substantially
similar form, that has been digitally modified for online
interaction.
(8) Federal land.--The term ``Federal land'' means land
under the jurisdiction and management of a Federal land
management agency.
(9) Federal land management agency.--The term ``Federal
land management agency'' means--
(A) the National Park Service;
(B) the Bureau of Land Management;
(C) the Bureau of Reclamation;
(D) the United States Fish and Wildlife Service;
(E) the Bureau of Indian Affairs; and
(F) the Forest Service.
(10) Organizational unit.--The term ``organizational unit''
means--
(A) with respect to Federal land administered by
the Secretary of the Interior--
(i) a State office;
(ii) a district office;
(iii) a field office; or
(iv) a regional office; and
(B) with respect to the Forest Service--
(i) a regional office;
(ii) the headquarters;
(iii) an administrative unit; or
(iv) a ranger district office.
(11) Previously disturbed federal land.--The term
``previously disturbed Federal land'' means Federal land with
respect to which a communications use authorization has been
granted, issued, or executed.
(12) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
Federal land under the jurisdiction and management of
the Secretary of the Interior, acting through, as
applicable--
(i) the Commissioner of Reclamation;
(ii) the Director of the National Park
Service;
(iii) the Director of the United States
Fish and Wildlife Service;
(iv) the Director of the Bureau of Land
Management; and
(v) the Director of the Bureau of Indian
Affairs; and
(B) the Secretary of Agriculture, with respect to
National Forest System land, acting through the Chief
of the Forest Service.
(13) Standard form 299.--The term ``Standard Form 299''
means the form developed by the Administrator of General
Services 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.
(14) Underserved broadband location.--The term
``underserved broadband location'' means any location that
lacks access to broadband service with a speed of not less
than--
(A) 100 megabits per second for downloads; and
(B) 20 megabits per second for uploads.
(15) Unserved broadband location.--The term ``unserved
broadband location'' means any location that lacks access to
broadband service with a speed of not less than--
(A) 25 megabits per second for downloads; and
(B) 3 megabits per second for uploads.
(16) Working group.--The term ``working group'' means the
Federal Land Management Agency Working Group established by
section 11(a).
SEC. 3. PROMULGATION OF REGULATIONS FOR STREAMLINING PURPOSES.
(a) Regulations.--Notwithstanding section 6409 of the Middle Class
Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455), not later
than 1 year after the date of enactment of this Act, the Secretary
concerned shall promulgate regulations--
(1) to ensure, to the maximum extent practicable, that the
process is uniform and standardized across applicable
organizational units;
(2) to require that applications to locate or modify
communications facilities on covered land be considered and
granted on a competitively neutral, technology neutral, and
nondiscriminatory basis; and
(3) to require that the cost recovery fee for locating or
modifying covered facilities on covered land be--
(A) calculated and assessed on an annual basis; and
(B) based solely on costs incurred by the
organizational unit in processing applications and
overseeing any construction related thereto.
(b) Requirements.--The regulations promulgated under subsection (a)
shall--
(1) include procedures for the tracking of applications
described in subsection (a)(1), including--
(A) identifying on a publicly available website the
number of applications--
(i) received;
(ii) approved; and
(iii) denied;
(B) in the case of an application that is denied,
requiring that the applicant be provided with--
(i) a written decision describing the
reasons for the denial; and
(ii) an opportunity to cure or appeal the
denial; and
(C) describing the period of time between the
receipt of an application and the issuance of a final
decision on an application; and
(2) provide for minimum lease terms of not less than 30
years for leases with respect to the location of communications
facilities on covered land.
(c) Additional Considerations.--In promulgating regulations under
subsection (a), the Secretary concerned shall consider--
(1) how discrete reviews in considering an application
described in paragraph (1) of that subsection can be conducted
simultaneously, rather than sequentially, by any organizational
units that must approve the location or modification; and
(2) how to eliminate overlapping requirements among the
organizational units with respect to the location or
modification of a communications facility on covered land
administered by the organizational units.
(d) Communication of Streamlined Process to Organizational Units.--
The Secretary concerned shall, with respect to the regulations
promulgated under subsection (a)--
(1) communicate the regulations to the applicable
organizational units; and
(2) ensure that those organizational units follow the
regulations.
(e) Savings Provisions.--
(1) Real property authorities.--Nothing in this section
provides any executive agency or organizational unit with any
new leasing or other real property authorities not in existence
before the date of enactment of this Act.
(2) Effect on other laws.--
(A) In general.--Nothing in this section, including
any action taken pursuant to this section, affects a
decision or determination made by any executive agency
before the date of enactment of this Act to sell,
dispose of, declare excess or surplus, lease, reuse, or
redevelop any Federal real property pursuant to title
40, United States Code, the Federal Assets Sale and
Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law
114-287), or any other law governing real property
activities of the Federal Government.
(B) Agreements.--No agreement entered into pursuant
to this section obligates the Federal Government to
hold, control, or otherwise retain or use real property
that may otherwise be deemed as excess, surplus, or
that could otherwise be sold, leased, or redeveloped.
SEC. 4. ONLINE TRACKING OF APPLICATION PROGRESS.
(a) Sense of Congress.--It is the sense of Congress that
communications projects (as defined in section 41001 of the FAST Act
(42 U.S.C. 4370m)) should be, under title XLI of the FAST Act (42
U.S.C. 4370m et seq.), considered a high priority as having an
increased regional or national economic significance.
(b) Communications Projects as Covered Projects.--Section 41001 of
the FAST Act (42 U.S.C. 4370m) is amended--
(1) by redesignating paragraphs (4) through (18) as
paragraphs (5) through (19), respectively;
(2) by inserting after paragraph (3) the following:
``(4) Communications project.--
``(A) In general.--The term `communications
project' means any construction project carried out at
a communications site.
``(B) Other terms.--For purposes of this paragraph:
``(i) Communications facility.--The term
`communications facility' includes--
``(I) any infrastructure, including
any transmitting device, tower, or
support structure, and any equipment,
switches, wiring, cabling, power
sources, shelters, or cabinets,
associated with the licensed or
permitted unlicensed wireless or
wireline transmission of writings,
signs, signals, data, images, pictures,
and sounds of all kinds; and
``(II) any antenna or apparatus
that--
``(aa) is designed for the
purpose of emitting radio
frequency;
``(bb)(AA) is designed to
be operated, or is operating,
from a fixed location pursuant
to authorization by the Federal
Communications Commission; or
``(BB) is using duly
authorized devices that do not
require individual licenses;
and
``(cc) is added to a tower,
building, pole, cable, or other
structure.
``(ii) Communications site.--The term
`communications site' means an area of Federal
land available for communications use.
``(iii) Communications use.--
``(I) In general.--The term
`communications use' means the
placement or operation of
infrastructure for wireline or wireless
telecommunications, including cable
television, television, and radio
communications, regardless of whether
the placement or operation is pursuant
to a license issued by the Federal
Communications Commission or on an
unlicensed basis in accordance with the
regulations of the Federal
Communications Commission.
``(II) Inclusions.--The term
`communications use' includes any
ancillary activities, uses, or
facilities directly related to the
placement or operation of
infrastructure for wireline or wireless
telecommunications.
``(iv) Federal land.--The term `Federal
land' means land under the jurisdiction and
management of a Federal land management agency.
``(v) Federal land management agency.--The
term `Federal land management agency' means--
``(I) the National Park Service;
``(II) the Bureau of Land
Management;
``(III) the Bureau of Reclamation;
``(IV) the United States Fish and
Wildlife Service;
``(V) the Forest Service; and
``(VI) the Bureau of Indian
Affairs.''; and
(3) in paragraph (7)(A) (as so redesignated)--
(A) in the matter preceding clause (i), by
inserting ``communications projects,'' after ``carbon
capture,''; and
(B) in clause (i), by striking subclause (II) and
inserting the following:
``(II) is likely to require a total
investment--
``(aa) in the case of a
communications project, of any amount;
and
``(bb) in the case of any other
activity, of more than $200,000,000;
and''.
SEC. 5. IMPROVING PUBLIC SAFETY ON FEDERAL LAND.
Not later than 30 days after the date of enactment of this Act,
the Secretary concerned shall direct the head of each Federal land
management agency under the jurisdiction of the Secretary concerned to
establish a new categorical exclusion from the requirements of title I
of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et
seq.) for projects involving an existing communications facility that
would improve public safety on Federal land, such as--
(1) providing backup power for the communications facility;
(2) improving supporting infrastructure at the
communications facility; or
(3) providing more reliable or redundant connection
capabilities using the communications facility.
SEC. 6. PREVIOUSLY DISTURBED RIGHTS-OF-WAY EXEMPTION.
No review shall be required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle
III of title 54, United States Code, as a condition of granting a
communications use authorization for the occupancy and use of
previously disturbed Federal land.
SEC. 7. WIRELESS FACILITY MODIFICATIONS.
Section 6409(a) of the Middle Class Tax Relief and Job Creation Act
of 2012 (47 U.S.C. 1455(a)) is amended by striking paragraph (3).
SEC. 8. ESTABLISHMENT OF ONLINE PORTALS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, each Federal land management agency shall establish an
online portal to accept an electronic SF-299.
(b) Coordination.--The Federal land management agencies shall
coordinate with each other to establish uniform versions of the online
portal required under subsection (a).
SEC. 9. COLLECTION AND RETENTION OF COST RECOVERY FEES.
(a) Collection and Retention of Cost Recovery Fees Associated With
Communications Use Authorizations on Federal Land and Federal Land
Management Agency Support for Communications Site Programs.--
(1) Special account required.--The Secretary of the
Treasury shall establish a special account in the Treasury for
each Federal land management agency for the deposit of cost
recovery fees received by the Federal land management agency
relating to communications use authorizations granted, issued,
or executed by the Federal land management agency.
(2) Requirements for cost recovery fees.--Notwithstanding
any other provision of law, any cost recovery fees collected by
a Federal land management agency pursuant to this section shall
be--
(A) collected only to the extent provided in
advance in an appropriations Act; and
(B) imposed on a competitively neutral, technology-
neutral, and nondiscriminatory basis with respect to
other uses of the applicable communications site.
(3) Deposit and retention of cost recovery fees.--Cost
recovery fees received by a Federal land management agency
shall--
(A) be deposited in the special account established
for that Federal land management agency under paragraph
(1); and
(B) remain available for expenditure under
paragraph (4), to the extent and in such amounts as are
provided in advance in appropriations Acts.
(4) Expenditure of retained fees.--Amounts deposited in the
special account established for a Federal land management
agency under paragraph (1) shall be used by the Federal land
management agency for activities relating to communications use
authorizations or communications sites, including the
following:
(A) Administering communications use
authorizations, including through cooperative
agreements under subsection (b).
(B) Preparing needs assessments or other
programmatic analyses necessary to establish
communications sites and authorize communications uses
on or adjacent to Federal land.
(C) Developing management plans for the placement
of communications sites on or adjacent to Federal land
on a competitively neutral, technology-neutral,
nondiscriminatory basis.
(D) Training for management of communications sites
on or adjacent to Federal land.
(E) Obtaining, improving access to, or establishing
communications sites on or adjacent to Federal land.
(F) Hiring and training personnel to perform duties
that will help--
(i) to streamline permitting processes
associated with communications use
authorizations and the use of communications
sites for communications use on Federal land;
and
(ii) to reduce the time it takes for
permits relating to communications use
authorizations and the use of communications
sites for communications use on Federal land to
be approved.
(5) No effect on other fee retention authorities.--This
subsection shall not limit or otherwise affect fee retention by
a Federal land management agency under any other authority.
(b) Cooperative Agreement Authority.--The Secretary of the Interior
may enter into cooperative agreements to carry out the activities
described in subsection (a)(4).
(c) Clarification of Cooperative Agreement Authority of the
Secretary of Agriculture.--Section 8705(f) of the Agriculture
Improvement Act of 2018 (43 U.S.C. 1761a(f)) is amended by adding at
the end the following:
``(6) Cooperative agreement authority.--The Secretary may
enter into cooperative agreements to carry out the activities
described in subparagraphs (A) through (D) of paragraph (4).''.
SEC. 10. FEDERAL LAND MANAGEMENT AGENCY WORKING GROUP.
(a) Establishment.--There is established a working group, to be
known as the ``Federal Land Management Agency Working Group''.
(b) Membership.--The working group shall be composed of 1
representative of each of the Federal land management agencies, to be
appointed by the Secretary concerned.
(c) Duties.--The working group shall--
(1) periodically meet to coordinate and expedite the review
of applications for communications use authorizations; and
(2) coordinate with the Federal Communications Commission
to use broadband location data created under section 802(c) of
the Communications Act of 1934 (47 U.S.C. 642(c)) to identify
unserved locations that may need to use a Federal right-of-way
and prepare for potential communications use authorization
applications.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held. With printed Hearing: S.Hrg. 118-311.
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