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Public Lands Telecommunications Act

H.R. 2425 · 115th Congress · May 16, 2017 · Lineage

A BILL

To support the establishment and improvement of communications sites on or adjacent to Federal lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture through the retention and use of rental fees associated with such sites, and for other purposes.

Section 1 Short title

This Act may be cited as the “Public Lands Telecommunications Act”.

Sec. 2 Definitions

In this Act:
(1)
Communications site— The term “communications site” means an area of Federal lands available for communications use.
(2)
Communications use— 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 such 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 Commission. The term includes any ancillary activities, uses, or facilities directly related to such placement or operation.
(3)
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 lands for communications use.
(4)
Federal land management agency— The term “Federal land management agency” means the National Park Service, the United States Fish and Wildlife Service, the Bureau of Land Management, the Bureau of Reclamation, and the Forest Service.
(5)
Federal lands— The term “Federal lands” means lands under the jurisdiction and management of a Federal land management agency.
(6)
Rental fee— The term “rental fee” means any fee collected by a Federal land management agency related to the occupancy and use authorized by a communications use authorization pursuant to and consistent with authorizing law.

Sec. 3 Collection and Retention of rental fees associated with communications use authorizations on Federal lands and Federal land management agency support for communication site programs

(a)
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 rental fees received by a Federal land management agency for communications use authorizations on Federal lands granted, issued, or executed by the Federal land management agency.
(b)
Competitively neutral— Notwithstanding any other provision of law, any rental fees collected pursuant to this Act shall be imposed on a competitively neutral, technology-neutral, and nondiscriminatory basis with respect to other uses of the communication site.
(c)
Deposit and Retention of rental fees— Rental fees received by a Federal land management agency shall—
(1)
be deposited in the special account established for that Federal land management agency; and
(2)
remain available for expenditure under subsection (d), to the extent and in such amounts as are provided in advance in appropriation Acts.
(d)
Expenditure of retained fees— Amounts deposited in the special account for a Federal land management agency shall be used for Federal land management agency activities related to communications sites, including the following:
(1)
Administering communications use authorizations, including cooperative agreements under section 4.
(2)
Preparing needs assessments or other programmatic analyses necessary to establish communications sites and authorize communications uses on or adjacent to Federal lands.
(3)
Developing management plans for communications sites on or adjacent to Federal lands on a competitively neutral, technology-neutral, nondiscriminatory basis.
(4)
Training for management of communications sites on or adjacent to Federal lands.
(5)
Obtaining, improving access to, or establishing communications sites on or adjacent to Federal lands.
(e)
No effect on other fee retention authorities— This Act shall not limit or otherwise affect fee retention by a Federal land management agency under any other authority.

Sec. 4 Cooperative agreement authority

(a)
Department of the interior— The Secretary of the Interior may enter into cooperative agreements to carry out the activities described in section 3(d).
(b)
Forest service— The Secretary of Agriculture, acting through the Chief of the Forest Service, may enter into cooperative agreements to carry out the activities described in section 3(d).