Rural Broadband Permitting Efficiency Act of 2018

Summary: Rural Broadband Permitting Efficiency Act of 2018 (Sec. 3) This bill requires the Department of Agriculture (USDA) and the Department of the Interior to establish a program to enter into memoranda of understanding with states and Indian tribes to allow for the permitting of broadband within an operational right-of-way to enable broadband providers to install infrastructure that allows users to originate and receive high-quality voice, data, graphics, and video telecommunications, with respect to National Forest System land, land managed by Interior, and Indian land. The "operational right-of-way" is defined as all real property interests (including easements) acquired for the construction or operation of a project. A state's governor, the governor's designee, or an officer designated by the governing body of the Indian tribe may enter into such a memorandum for a term not to exceed 10 years if the state or Indian tribe consents to: (1) federal court jurisdiction, (2) federal environmental review procedures, (3) judicial review of decisions regarding the public availability of documents, (4) maintenance of necessary financial resources, (5) the provision of any information that USDA or Interior needs to ensure that the state is carrying out its responsibilities, (6) the provision of revenues generated from the use of public lands to the United States, and (7) the provision of a copy of authorizing documents to the United States for proper notation and recordkeeping. (Sec. 4) USDA or Interior must establish a broadband permit streamlining team in each state or regional office with responsibility for issuing permits for broadband projects. Under the program, USDA or Interior shall coordinate and expedite permitting decisions for broadband projects through a memorandum of understanding with USDA or Interior, as appropriate, the Bureau of Indian Affairs, and the U.S. Fish and Wildlife Service.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Broadband Permitting 
Efficiency Act of 2018''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Broadband project.--The term ``broadband project'' 
        means an installation by a broadband provider of wireless or 
        broadband infrastructure, including but not limited to, copper 
        lines, fiber optic lines, communications towers, buildings, or 
        other improvements on Federal land.
            (2) Broadband provider.--The term ``broadband provider'' 
        means a provider of wireless or broadband infrastructure that 
        enables a user to originate and receive high-quality voice, 
        data, graphics, and video telecommunications.
            (3) Indian lands.--The term ``Indian Lands'' means--
                    (A) any land owned by an Indian Tribe, located 
                within the boundaries of an Indian reservation, pueblo, 
                or rancheria; or
                    (B) any land located within the boundaries of an 
                Indian reservation, pueblo, or rancheria, the title to 
                which is held--
                            (i) in trust by the United States for the 
                        benefit of an Indian Tribe or an individual 
                        Indian;
                            (ii) by an Indian Tribe or an individual 
                        Indian, subject to restriction against 
                        alienation under laws of the United States; or
                            (iii) by a dependent Indian community.
            (4) Indian tribe.--The term ``Indian Tribe'' means a 
        federally recognized Indian Tribe.
            (5) 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) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture (acting through 
                the Chief of the Forest Service), with respect to 
                National Forest System land; and
                    (B) 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) 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) Assumption of Responsibilities.--
            (1) 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) State or indian tribe responsibility.--
                    (A) 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) 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) 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) 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.
    (c) 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 not later than 90 days before the date on which 
the State or Indian Tribe submits a formal written offer to the 
Secretary concerned.
    (d) Tribal Consultation.--Within 90 days of entering into any 
memorandum of understanding with a State, the Secretary concerned shall 
initiate consultation with relevant Indian Tribes.
    (e) Memorandum of Understanding.--A memorandum of understanding 
entered into under this section shall--
            (1) 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) be for a term not to exceed 10 years;
            (3) be in such form as the Secretary concerned may 
        prescribe;
            (4) provide that the State or Indian Tribe--
                    (A) agrees to assume all or part of the 
                responsibilities of the Secretary concerned described 
                in subsection (b)(1);
                    (B) 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) 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) authorize the State or Indian Tribe to 
                        take the actions necessary to carry out the 
                        responsibilities being assumed; and
                            (ii) 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) agrees to maintain the financial resources 
                necessary to carry out the responsibilities being 
                assumed;
                    (E) 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) 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) agrees to send a copy of all authorizing 
                documents to the United States for proper notation and 
                recordkeeping;
            (5) 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) not be granted to a State on Indian Lands without the 
        consent of the relevant Indian Tribe; and
            (7) not be granted to an Indian Tribe on State lands 
        without the consent of the relevant State.
    (f) Limitation.--Nothing in this section permits a State or Indian 
Tribe to assume--
            (1) any rulemaking authority of the Secretary concerned 
        under any Federal law; and
            (2) Federal Government responsibilities for government-to-
        government consultation with Indian Tribes.
    (g) Termination.--
            (1) 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) 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) the Secretary concerned provides to the State 
                or Indian Tribe--
                            (i) notification of the determination of 
                        noncompliance; and
                            (ii) 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) 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) 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) 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. FEDERAL BROADBAND PERMIT COORDINATION.

    (a) 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) Memorandum of Understanding.--
            (1) 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) the Secretary of Agriculture or of the 
                Interior, as appropriate;
                    (B) the Director of the Bureau of Indian Affairs; 
                and
                    (C) the Director of the United States Fish and 
                Wildlife Service.
            (2) Purpose.--The purpose of the memorandum of 
        understanding under paragraph (1) is to coordinate and expedite 
        permitting decisions for broadband projects.
            (3) 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) Designation of qualified staff.--
                    (A) 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) 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) the preparation of analyses under the 
                        National Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.); or
                            (iii) consultation and the preparation of 
                        biological opinions under section 7 of the 
                        Endangered Species Act of 1973 (16 U.S.C. 
                        1536).
                    (B) Duties.--Each employee designated under 
                subparagraph (A) shall--
                            (i) 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) participate as part of the team of 
                        personnel working on one or more proposed 
                        broadband projects, including planning and 
                        environmental analyses; and
                            (iii) 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).

            Passed the House of Representatives September 12, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.