Section 1 Short title
This Act may be cited as the “Rural Broadband Permitting Efficiency Act of 2023”.
Rural Broadband Permitting Efficiency Act of 2023
A BILL
To facilitate the expansion of broadband service to rural and Tribal communities through improved permitting efficiency, and for other purposes.
Sec. 2 State and Tribal permitting authority
In general— The Secretary concerned shall establish (or, in a circumstance that would affect both Secretaries concerned, the Secretaries concerned shall jointly establish) a voluntary program under which a 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.) with respect to the issuance of a Federal authorization for a broadband project to be carried out within a right-of-way on National Forest System land, land managed by the Department of the Interior, or Indian Lands. Under such a memorandum of understanding, a State or Indian Tribe 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.
Assumption of responsibilities—
In general— In entering into a memorandum of understanding under this section, the Secretary concerned may assign to a 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 required under the National Environmental Policy Act of 1969.
State or Indian Tribe responsibility—
In general— A State or Indian Tribe that assumes a 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.
Effect of assumption of responsibility— A State or Indian Tribe that assumes a responsibility, including a financial responsibility, under paragraph (1) shall be solely responsible and solely liable for carrying out, in lieu of the Secretary concerned, the responsibility assumed under that paragraph until the date on which a relevant termination is carried out under subsection (g).
Environmental review— A State or Indian Tribe that assumes a 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.
Federal responsibility— Any responsibility of the Secretary concerned described in paragraph (1) that is not explicitly assumed by a State or Indian Tribe under that paragraph shall remain the responsibility of the Secretary concerned.
Offer and notification— A State or Indian Tribe 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 or Indian Tribe at least 90 days before the date on which the State or Indian Tribe submits a formal written offer to the Secretary concerned.
Tribal consultation— Not later than 90 days after the date on which the Secretary concerned enters into a memorandum of understanding under this section with a State, the Secretary concerned shall initiate consultation with relevant Indian Tribes.
Memorandum of understanding— A memorandum of understanding entered into under this section shall—
be executed by the Governor or the Governor’s designee, in the case of a State, or by the officer designated by the governing body of an Indian Tribe, in the case of an Indian Tribe;
be for a term not to exceed 10 years;
be in such form as the Secretary concerned may prescribe;
provide that the State or Indian Tribe—
agrees to assume all or part of the responsibilities of the Secretary concerned described in subsection (b)(1);
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 with respect to the compliance, discharge, and enforcement of any responsibility of the Secretary concerned assumed by the State or Indian Tribe;
certifies that State laws and regulations, with respect to States, or Tribal laws and regulations, with respect to Indian Tribes, are in effect that—
authorize the State or Indian Tribe to take the actions necessary to carry out the responsibilities being assumed; and
are comparable to section 552 of title 5, United States Code, including that any decision regarding the public availability of a document under State or Tribal laws is reviewable by a court of competent jurisdiction;
agrees to maintain the financial resources necessary to carry out the responsibilities being assumed;
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 being assumed;
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 and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
agrees to send a copy of all authorizing documents to the United States for proper notation and recordkeeping;
prioritize and expedite analyses required under the National Environmental Policy Act of 1969 that are assumed under the memorandum of understanding;
not be entered into with a State with respect to Indian Lands without the consent of the relevant Indian Tribe; and
not be entered into with an Indian Tribe with respect to State lands without the consent of the relevant State.
Limitation— Nothing in this section allows a State or Indian Tribe to assume—
rulemaking authority of the Secretary concerned under Federal law; or
Federal Government responsibilities for government-to-government consultation with Indian Tribes.
Termination—
Termination by the Secretary— The Secretary concerned may terminate the participation of a State or Indian Tribe in the program established under this section if—
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 under a relevant memorandum of understanding;
the Secretary concerned provides to the State or Indian Tribe—
notification of the determination made under subparagraph (A); and
a period of at least 30 days for the State or Indian Tribe to take such corrective action as the Secretary concerned determines necessary to adequately carry out the responsibilities assigned and assumed; and
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.
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 at least 90 days before the date of termination.
Termination of memorandum of understanding with State or Indian Tribe— A State or 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 at least 90 days before the date of termination.
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.
Federal authorization— The term Federal authorization—
means any authorization required under Federal law with respect to a project; and
includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to a project.
Indian Lands— The term Indian Lands means land located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held—
by an Indian Tribe;
in trust by the United States for the benefit of an Indian Tribe;
by an Indian Tribe, subject to restriction against alienation under laws of the United States; or
by a dependent Indian community.
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)).
Right-of-way— The term right-of-way—
means—
the area on, below, or above a roadway, highway, street, sidewalk, alley, or similar property (whether currently or previously used in such manner); and
any land immediately adjacent to and contiguous with property described in clause (i) that is within the right-of-way grant; and
does not include a portion of the Interstate System (as such term is defined in section 101(a) of title 23, United States Code).
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.