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H.R. 2425 — what changed

Public Lands Telecommunications Act

From Introduced in House to Reported in House. 3 sections amended between Introduced in House and Reported in House.

Sec. 2 Definitions

In this Act:

(1)
changed Communications site— The term “communications site” means an area of Federal lands designated available for telecommunications uses.communications use.
(2)
changed Communications use— The term “communications use” means the placement and or operation of infrastructure for wireline or wireless telecommunications, including cable television, television, and radio communications, regardless of whether the use of radio frequencies by such telecommunications 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 activities, uses, or facilities directly related to such placement and 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)
changed Rental fee— The term “rental fee” means the any fee collected by a Federal land management agency for 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)
added 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)
renumbered was (3) Deposit and Retention of rental fees— Rental fees received by a Federal land management agency shall—
(1)
renumbered was (3)(3) be deposited in the special account established for that Federal land management agency; and
(2)
added remain available for expenditure under subsection (d), to the extent and in such amounts as are provided in advance in appropriation Acts.
(2)
removed remain available for expenditure under subsection (c), to the extent and in such amounts as are provided in advance in appropriation Acts.
(d)
renumbered was (4) 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)
renumbered was (4)(3) Administering communications use authorizations, including cooperative agreements under section 4.
(2)
added Preparing needs assessments or other programmatic analyses necessary to establish communications sites and authorize communications uses on or adjacent to Federal lands.
(3)
added Developing management plans for communications sites on or adjacent to Federal lands on a competitively neutral, technology-neutral, nondiscriminatory basis.
(2)
removed Preparing needs assessments or other programmatic analyses necessary to designate communications sites and authorize communications uses on or adjacent to Federal lands.
(3)
removed Developing management plans for communications sites on or adjacent to Federal lands.
(4)
renumbered was (4)(6) Training for management of communications sites on or adjacent to Federal lands.
(5)
added Obtaining, improving access to, or establishing communications sites on or adjacent to Federal lands.
(5)
removed Obtaining or improving access to communications sites on or adjacent to Federal lands.
(e)
renumbered was (5) 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)
changed Department of the interior— The Secretary of the Interior may enter into cooperative agreements to carry out the activities described in section 3(c).3(d).
(b)
changed 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(c).3(d).