Section 1 Short title
This Act may be cited as the “Federal Broadband Permit Coordination Act of 2023”.
Federal Broadband Permit Coordination Act of 2023
A BILL
To facilitate Federal broadband permit coordination, and for other purposes.
Sec. 2 Federal broadband permit coordination
Memorandum of understanding— Not later than 90 days after the date of the enactment of this Act, the Secretary concerned, in consultation with the National Conference of State Historic Preservation Officers and the National Association of Tribal Historic Preservation Officers, shall enter into, in accordance with this section, a memorandum of understanding with—
the Secretary of Agriculture or the Secretary of the Interior (as the case may be);
the Director of the Bureau of Indian Affairs; and
the Director of the United States Fish and Wildlife Service.
Purpose— The purpose of the memorandum of understanding entered into under subsection (a) shall be to coordinate and expedite permitting decisions for broadband projects.
State or Tribal participation— The Secretary concerned may request that the Governor of a State or the officer designated by the governing body of an Indian Tribe with one or more broadband projects be a party to the memorandum of understanding entered into under subsection (a).
Designation of qualified staff—
In general— Not later than 30 days after the date of entrance into a memorandum of understanding under subsection (a), 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 (that has been delegated responsibility by the Secretary concerned for issuing permits for broadband projects) an employee of that Federal agency with expertise in regulatory issues relating to that Federal agency, including, as applicable, particular expertise in—
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 and Management Act of 1976 (43 U.S.C. 1701 et seq.);
the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
consultation and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536).
Establishment of streamlining team— If employees are designated under paragraph (1), the Secretary concerned shall establish a broadband permit streamlining team, comprised of such employees, in each State or regional office that has been delegated responsibility by the Secretary concerned for issuing permits for broadband projects.
Duties— Each employee designated under paragraph (1) shall—
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; and
participate as part of the team of personnel working on one or more proposed broadband projects, including with respect to planning and environmental analyses.
Sec. 3 Definitions
In this Act:
Broadband project— The term broadband project means an installation, by a broadband provider on Federal land, of wireline or wireless broadband infrastructure that enables a user to originate and receive high-quality voice, data, graphics, and video telecommunications, including copper lines, fiber optic lines, communications towers, buildings, or other improvements.
Broadband provider— The term broadband provider means a provider of wireline or wireless broadband infrastructure that enables a user to originate and receive high-quality voice, data, graphics, and video telecommunications.
Indian Tribe— The term Indian Tribe has the meaning given the term Indian tribe in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
National Forest System— The term National Forest System has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
Secretary concerned— The term Secretary concerned means—
the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and
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).
State— The term State means each State of the United States, the District of Columbia, and each territory or possession of the United States.