H.R. 4824 — what changed

Rural Broadband Permitting Efficiency Act of 2018

From Introduced in House to Reported in House. 4 sections amended and 1 removed between Introduced in House and Reported in House.

Sec. 2 Definitions

changed Congress finds that, as of the date of enactment of In this Act—Act:

(1)

changed Broadband project— the United States has been the world leader in Internet and telecommunications technology growth, and the people of the United States now rely on broadband connectivity as The term “broadband project” means an increasingly necessary part installation by a broadband provider of daily life;wireless or broadband infrastructure, including but not limited to, copper lines, fiber optic lines, communications towers, buildings, or other improvements on Federal land.

(2)

changed Broadband provider— The term “broadband provider” means a provider of wireless or broadband services are used by private citizens, businesses, public groups, and government agencies throughout the United States infrastructure that enables a user to communicate, access information, share cultures, develop technologies, originate and grow economies nationally receive high-quality voice, data, graphics, and internationally;video telecommunications.

(3)

changed Indian lands— while wireless and broadband technologies have contributed significantly to progress throughout the United States, lack of broadband deployment to rural communities has put rural parties at a greater disadvantage for economic development; andThe term “Indian Lands” means—

(A)

added any land owned by an Indian Tribe, located within the boundaries of an Indian reservation, pueblo, or rancheria; or

(B)

added any land located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held—

(i)

added in trust by the United States for the benefit of an Indian Tribe or an individual Indian;

(ii)

added by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or

(iii)

added by a dependent Indian community.

(4)

changed Indian tribe— delays in the permitting process are costly and discouraging to broadband deployment and further discourage broadband deployment to rural areas.The term “Indian Tribe” means a federally recognized Indian Tribe.

(5)

added Operational right-of-way— The term “operational right-of-way” means all real property interests (including easements) acquired for the construction or operation of a project, including the locations of the roadway, bridges, interchanges, culverts, drainage, clear zone, traffic control signage, landscaping, copper and fiber optic lines, utility shelters, and broadband infrastructure as installed by broadband providers, and any rest areas with direct access to a controlled access highway or the National Highway System.

(6)

added Secretary concerned— The term “Secretary concerned” means—

(A)

added the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and

(B)

added 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).

Sec. 3 State or Tribal permitting authority

(a)

added In general— The Secretary concerned shall establish (or in the case where both Department of the Interior and National Forest System land would be affected, shall jointly establish) a voluntary program under which any 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.) for the permitting of broadband projects within an operational right-of-way on National Forest System land, land managed by the Department of the Interior, and Indian Lands. Under such a memorandum of understanding, an Indian Tribe or State 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)

added Assumption of responsibilities—

(1)

added In general— In entering into a memorandum of understanding under this section, the Secretary concerned may assign to the 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 under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(2)

added State or Indian Tribe responsibility—

(A)

added In general— A State or Indian Tribe that assumes any 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)

added Effect of assumption of responsibility— A State or Indian Tribe that assumes any responsibility, including financial responsibility, under paragraph (1) shall be solely responsible and solely liable for carrying out, in lieu of the Secretary concerned, the responsibilities assumed under that paragraph until the date on which the program is terminated under subsection (g).

(C)

added Environmental review— A State or Indian Tribe that assumes any 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)

added Federal responsibility— Any responsibility of the Secretary concerned described in paragraph (1) that is not explicitly assumed by the State or Indian Tribe in the memorandum of understanding shall remain the responsibility of the Secretary concerned.

removed In this Act:

(1)

removed Broadband project— The term “broadband project” means a project under which a broadband provider installs wireless infrastructure or broadband infrastructure, including copper lines or fiber optic lines, on Federal land.

(c)

changed Broadband provider—Offer and notification— The term “broadband provider” means A State or Indian Tribe that intends to offer to enter into a facilities-based provider memorandum of broadband capability that enables understanding under this section shall provide to the Secretary concerned notice of the intent of the State or Indian Tribe not later than 90 days before the date on which the State or Indian Tribe submits a user formal written offer to originate and receive high-quality voice, data, graphics, and video telecommunications.the Secretary concerned.

(d)

changed Operational right-of-way—Tribal consultation— The term “operational right-of-way” means all real property interests (including easements) acquired for the construction or operation of a project, including the locations Within 90 days of the roadway, bridges, interchanges, culverts, drainage, clear zone, traffic control signage, landscaping, copper and fiber optic lines, utility shelters, and broadband infrastructure as installed by broadband providers, and entering into any rest areas memorandum of understanding with direct access to a controlled access highway or State, the National Highway System.Secretary concerned shall initiate consultation with relevant Indian Tribes.

(e)

changed Project—Memorandum of understanding— The term “project” has the meaning given the term in section 101(a) A memorandum of title 23, United States Code.understanding entered into under this section shall—

(1)

added be executed by the Governor or the Governor’s designee, or in the case of an Indian Tribe, by an officer designated by the governing body of the Indian Tribe;

(2)

added be for a term not to exceed 10 years;

(3)

added be in such form as the Secretary concerned may prescribe;

(4)

added provide that the State or Indian Tribe—

(A)

added agrees to assume all or part of the responsibilities of the Secretary concerned described in subsection (b)(1);

(B)

added 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 for the compliance, discharge, and enforcement of any responsibility of the Secretary concerned assumed by the State or Indian Tribe;

(C)

added certify that State laws and regulations, with respect to States, or Tribal laws and regulations, with respect to Indian Tribes, are in effect that—

(i)

added authorize the State or Indian Tribe to take the actions necessary to carry out the responsibilities being assumed; and

(ii)

added are comparable to section 552 of title 5, United States Code, including providing that any decision regarding the public availability of a document under the State laws is reviewable by a court of competent jurisdiction;

(D)

added agrees to maintain the financial resources necessary to carry out the responsibilities being assumed;

(E)

added 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 assigned to and assumed by the State or Indian Tribe;

(F)

added 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 Management Act of 1976 (43 U.S.C. 1701 et seq.); and

(G)

added agrees to send a copy of all authorizing documents to the United States for proper notation and recordkeeping;

(5)

added prioritize and expedite any analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) under the memorandum of understanding;

(6)

added not be granted to a State on Indian Lands without the consent of the relevant Indian Tribe; and

(7)

added not be granted to an Indian Tribe on State lands without the consent of the relevant State.

(f)

changed Secretary concerned—Limitation— The term “Secretary concerned” means—Nothing in this section permits a State or Indian Tribe to assume—

(1)

changed the Secretary of Agriculture (acting through the Chief any rulemaking authority of the Forest Service), with respect to National Forest System land; Secretary concerned under any Federal law; and

(2)

changed the Secretary of the Interior, with respect to land managed by the Bureau of Land Management (including land held Federal Government responsibilities for the benefit of an government-to-government consultation with Indian tribe).Tribes.

(g)

added Termination—

(1)

added Termination by the Secretary— The Secretary concerned may terminate the participation of any State or Indian Tribe in the program established under this section if—

(A)

added 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;

(B)

added the Secretary concerned provides to the State or Indian Tribe—

(i)

added notification of the determination of noncompliance; and

(ii)

added a period of at least 30 days during which to take such corrective action as the Secretary concerned determines is necessary to comply with the applicable agreement; and

(C)

added 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)

added 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 by not later than the date that is 90 days before the date of termination.

(3)

added Termination of memorandum of understanding with State or Indian Tribe— A State or an 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 by no later than the date that is 90 days before the date of termination.

Sec. 4 Categorical exclusion for projects within operational rights-of-way

(a)

changed In general—Categorical exclusion established— The Secretaries concerned shall jointly establish a program under which any State may offer, and the Secretary concerned may agree, to enter into Broadband projects carried out in an operational right-of-way are a memorandum category of understanding with the Secretary concerned to allow for actions hereby designated as being categorically excluded from the permitting preparation of broadband within an operational right-of-way in accordance with this section.environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).

(b)

added 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.

(b)

removed Assumption of responsibilities—

(1)

removed In general— In entering into a memorandum of understanding under this section, the Secretary concerned may assign to the State, and the State may agree to assume, all or part of the responsibilities of the Secretary concerned for environmental review, consultation, or other action required under any Federal environmental law pertaining to the review or approval of a specific operational right-of-way broadband project.

(2)

removed State responsibility—

(A)

removed In general— A State that assumes any 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)

removed Effect of assumption of responsibility— A State that assumes any responsibility under paragraph (1) shall be solely responsible and solely liable for carrying out, in lieu of the Secretary concerned, the responsibilities assumed under that paragraph until the date on which the program is terminated under subsection (f).

(C)

removed Environmental review— A State that assumes any responsibility under paragraph (1) shall comply with the environmental review procedures under part 771 of title 23, Code of Federal Regulations (or successor regulations).

(3)

removed Federal responsibility— Any responsibility of the Secretary concerned described in paragraph (1) that is not explicitly assumed by the State in the memorandum of understanding shall remain the responsibility of the Secretary concerned.

(c)

removed Offer and notification— A State 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 not later than 90 days before the date on which the State submits a formal written offer to the Secretary concerned.

(d)

removed Memorandum of understanding— A memorandum of understanding entered into under this section shall—

(1)

removed be executed by the Governor or the top-ranking transportation official in the State who is charged with responsibility for highway construction;

(2)

removed be for a term not to exceed 10 years;

(3)

removed be in such form as the Secretary concerned may prescribe; and

(4)

removed provide that the State—

(A)

removed agrees to assume all or part of the responsibilities of the Secretary concerned described in subsection (b)(1);

(B)

removed expressly consents, on behalf of the State, to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the Secretary concerned assumed by the State;

(C)

removed certifies that State laws (including regulations) are in effect that—

(i)

removed authorize the State to take the actions necessary to carry out the responsibilities being assumed; and

(ii)

removed are comparable to section 552 of title 5, United States Code, including providing that any decision regarding the public availability of a document under the State laws is reviewable by a court of competent jurisdiction;

(D)

removed agrees to maintain the financial resources necessary to carry out the responsibilities being assumed; and

(E)

removed agrees to provide to the Secretary concerned any information the Secretary concerned considers necessary to ensure that the State is adequately carrying out the responsibilities assigned to and assumed by the State.

(e)

removed Limitation— Nothing in this section permits a State to assume any rulemaking authority of the Secretary concerned under any Federal law.

(f)

removed Termination—

(1)

removed Termination by the Secretary— The Secretary concerned may terminate the participation of any State in the program established under this section if—

(A)

removed the Secretary concerned determines that the State is not adequately carrying out the responsibilities assigned to and assumed by the State;

(B)

removed the Secretary concerned provides to the State—

(i)

removed notification of the determination of noncompliance; and

(ii)

removed a period of at least 30 days during which to take such corrective action as the Secretary concerned determines is necessary to comply with the applicable agreement; and

(C)

removed the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by the Secretary concerned.

(2)

removed Termination by the State— A State may terminate the participation of the State in the program established under this section at any time by providing to the Secretary concerned a notice of intent to terminate by not later than the date that is 90 days before the date of termination.

Sec. 5 Federal broadband permit coordination

(a)

added 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)

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).

removed The Secretary concerned shall—

(1)

removed not later than 180 days after the date of enactment of this Act, designate any project within an existing operational right-of-way as an action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations, and section 771.117(c) of title 23, Code of Federal Regulations (or successor regulations); and

(2)

removed not later than 150 days after the date of enactment of this Act, promulgate regulations to carry out paragraph (1).

Sec. 6 Federal broadband permit coordination

removed

(a)

removed Definition of secretary— In this section, the term “Secretary” means the Secretary of the Interior.

(b)

removed Establishment— The Secretary shall establish a Federal Permit Streamlining Project in each Bureau of Land Management field office with responsibility for issuing permits for broadband projects.

(c)

removed Memorandum of understanding—

(1)

removed In general— Not later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the National Conference of State Historic Preservation Officers, shall enter into a memorandum of understanding to carry out this section with—

(A)

removed the Secretary of Agriculture;

(B)

removed the Administrator of the Environmental Protection Agency;

(C)

removed the Administrator of the Federal Highway Administration; and

(D)

removed the Director of the United States Fish and Wildlife Service.

(2)

removed Lead agency— As part of the memorandum of understanding under paragraph (1), the Secretary shall act as the lead agency in issuing a single permit for each broadband project on behalf of all Federal agencies involved in the broadband project.

(3)

removed State participation— The Secretary may request that the Governor of any State 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) shall, if the head of the Federal agency determines it to be appropriate, designate to each Bureau of Land Management field 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.);

(ii)

removed the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(iii)

removed programs under chapter 1 and chapter 2 of title 23, United States Code; or

(iv)

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 not later than 90 days after the date of designation, report to the manager of the Bureau of Land Management field office to which the employee is assigned;

(ii)

removed be responsible for any issue relating to any broadband project within the jurisdiction of the field office described in clause (i) under the authority of the Federal agency from which the employee is assigned;

(iii)

removed participate as part of the team of personnel working on one or more proposed broadband projects, including planning and environmental analyses; and

(iv)

removed serve as the designated point of contact with any applicable State that assumes any responsibility under section 4(b)(1) relating to any issue described in clause (ii).

(d)

removed Funding— This section shall be carried out using such amounts as are necessary from other amounts available that are not otherwise obligated.