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Bill
Notes

H.R. 4824 — what changed

Rural Broadband Permitting Efficiency Act of 2018

From Reported in House to Engrossed in House. 1 section amended and 1 removed between Reported in House and Engrossed in House.

Sec. 4 Federal broadband permit coordination

(a)
changed Categorical exclusion established—Establishment— Broadband projects carried out in an operational right-of-way are The Secretary concerned shall establish a category of actions hereby designated as being categorically excluded from the preparation broadband permit streamlining team comprised of an environmental assessment or an environmental impact statement qualified staff under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).subsection (b)(4) in each State or regional office that has been delegated responsibility for issuing permits for broadband projects.
(b)
added Memorandum of understanding—
(1)
added 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 section with—
(A)
added the Secretary of Agriculture or of the Interior, as appropriate;
(B)
added the Director of the Bureau of Indian Affairs; and
(C)
added the Director of the United States Fish and Wildlife Service.
(2)
added Purpose— The purpose of the memorandum of understanding under paragraph (1) is to coordinate and expedite permitting decisions for broadband projects.
(3)
added 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 paragraph (1).
(4)
added Designation of qualified staff—
(A)
added In general— Not later than 30 days after the date of entrance into the memorandum of understanding under paragraph (1), 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)
added 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 Management Act of 1976 (43 U.S.C. 1701 et seq.);
(ii)
added the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
(iii)
added consultation and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536).
(B)
added Duties— Each employee designated under subparagraph (A) shall—
(i)
added 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)
added participate as part of the team of personnel working on one or more proposed broadband projects, including planning and environmental analyses; and
(iii)
added serve as the designated point of contact with any applicable State or Indian Tribe that assumes any responsibility under section 3(b)(1) relating to any issue described in clause (i).
(b)
removed Availability of categorical exclusion— On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section.

Sec. 5 Federal broadband permit coordination

removed
(a)
removed Establishment— The Secretary concerned shall establish a broadband permit streamlining team comprised of qualified staff under subsection (b)(4) in each State or regional office that has been delegated responsibility for issuing permits for broadband projects.
(b)
removed Memorandum of understanding—
(1)
removed 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 section with—
(A)
removed the Secretary of Agriculture or of the Interior, as appropriate;
(B)
removed the Director of the Bureau of Indian Affairs; and
(C)
removed the Director of the United States Fish and Wildlife Service.
(2)
removed Purpose— The purpose of the memorandum of understanding under paragraph (1) is to coordinate and expedite permitting decisions for broadband projects.
(3)
removed 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 paragraph (1).
(4)
removed Designation of qualified staff—
(A)
removed In general— Not later than 30 days after the date of entrance into the memorandum of understanding under paragraph (1), 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)
removed 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 Management Act of 1976 (43 U.S.C. 1701 et seq.);
(ii)
removed the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
(iii)
removed consultation and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536).
(B)
removed Duties— Each employee designated under subparagraph (A) shall—
(i)
removed 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)
removed participate as part of the team of personnel working on one or more proposed broadband projects, including planning and environmental analyses; and
(iii)
removed serve as the designated point of contact with any applicable State or Indian Tribe that assumes any responsibility under section 3(b)(1) relating to any issue described in clause (i).