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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2855 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 2855

   To modernize and streamline the permitting process for broadband 
        infrastructure on Federal land, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2023

  Mr. Barrasso (for himself and Ms. Sinema) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
   To modernize and streamline the permitting process for broadband 
        infrastructure on Federal land, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Closing Long 
Overdue Streamlining Encumbrances To Help Expeditiously Generate 
Approved Permits Act'' or the ``CLOSE THE GAP Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Promulgation of regulations for streamlining purposes.
Sec. 4. Online tracking of application progress.
Sec. 5. Improving public safety on Federal land.
Sec. 6. Previously disturbed rights-of-way exemption.
Sec. 7. Wireless facility modifications.
Sec. 8. Establishment of online portals.
Sec. 9. Collection and retention of cost recovery fees.
Sec. 10. Federal Land Management Agency Working Group.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Communications facility.--The term ``communications 
        facility'' includes--
                    (A) any infrastructure, including any transmitting 
                device, tower, or support structure, and any equipment, 
                switches, wiring, cabling, power sources, shelters, or 
                cabinets, associated with the licensed or permitted 
                unlicensed wireless or wireline transmission of 
                writings, signs, signals, data, images, pictures, and 
                sounds of all kinds; and
                    (B) any antenna or apparatus that--
                            (i) is designed for the purpose of emitting 
                        radio frequency;
                            (ii)(I) is designed to be operated, or is 
                        operating, from a fixed location pursuant to 
                        authorization by the Federal Communications 
                        Commission; or
                            (II) is using duly authorized devices that 
                        do not require individual licenses; and
                            (iii) is added to a tower, building, pole, 
                        cable, or other structure.
            (2) Communications site.--The term ``communications site'' 
        means an area of Federal land available for communications use.
            (3) Communications use.--
                    (A) In general.--The term ``communications use'' 
                means the placement or operation of infrastructure for 
                wireline or wireless telecommunications, including 
                cable television, television, and radio communications, 
                regardless of whether the placement or operation is 
                pursuant to a license issued by the Federal 
                Communications Commission or on an unlicensed basis in 
                accordance with the regulations of the Federal 
                Communications Commission.
                    (B) Inclusions.--The term ``communications use'' 
                includes any ancillary activities, uses, or facilities 
                directly related to the placement or operation of 
                infrastructure for wireline or wireless 
                telecommunications.
            (4) Communications use authorization.--The term 
        ``communications use authorization'' means a right-of-way, 
        permit, or lease granted, issued, or executed by a Federal land 
        management agency for the primary purpose of authorizing the 
        occupancy and use of Federal land for the construction, 
        placement, and operation of a communications facility.
            (5) Cost recovery fee.--The term ``cost recovery fee'' 
        means any fee collected by a Federal land management agency 
        related to--
                    (A) an application for a communications use 
                authorization; or
                    (B) the occupancy and use authorized by a 
                communications use authorization pursuant to and 
                consistent with authorizing law.
            (6) Covered land.--The term ``covered land'' means land 
        managed by the Secretary concerned.
            (7) Electronic sf-299.--The term ``electronic SF-299'' 
        means a version of Standard Form 299, or a substantially 
        similar form, that has been digitally modified for online 
        interaction.
            (8) Federal land.--The term ``Federal land'' means land 
        under the jurisdiction and management of a Federal land 
        management agency.
            (9) Federal land management agency.--The term ``Federal 
        land management agency'' means--
                    (A) the National Park Service;
                    (B) the Bureau of Land Management;
                    (C) the Bureau of Reclamation;
                    (D) the United States Fish and Wildlife Service;
                    (E) the Bureau of Indian Affairs; and
                    (F) the Forest Service.
            (10) Organizational unit.--The term ``organizational unit'' 
        means--
                    (A) with respect to Federal land administered by 
                the Secretary of the Interior--
                            (i) a State office;
                            (ii) a district office;
                            (iii) a field office; or
                            (iv) a regional office; and
                    (B) with respect to the Forest Service--
                            (i) a regional office;
                            (ii) the headquarters;
                            (iii) an administrative unit; or
                            (iv) a ranger district office.
            (11) Previously disturbed federal land.--The term 
        ``previously disturbed Federal land'' means Federal land with 
        respect to which a communications use authorization has been 
        granted, issued, or executed.
            (12) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of the Interior, with respect to 
                Federal land under the jurisdiction and management of 
                the Secretary of the Interior, acting through, as 
                applicable--
                            (i) the Commissioner of Reclamation;
                            (ii) the Director of the National Park 
                        Service;
                            (iii) the Director of the United States 
                        Fish and Wildlife Service;
                            (iv) the Director of the Bureau of Land 
                        Management; and
                            (v) the Director of the Bureau of Indian 
                        Affairs; and
                    (B) the Secretary of Agriculture, with respect to 
                National Forest System land, acting through the Chief 
                of the Forest Service.
            (13) Standard form 299.--The term ``Standard Form 299'' 
        means the form developed by the Administrator of General 
        Services under section 6409(b)(2)(A) of the Middle Class Tax 
        Relief and Job Creation Act of 2012 (47 U.S.C. 1455(b)(2)(A)) 
        or any successor form.
            (14) Underserved broadband location.--The term 
        ``underserved broadband location'' means any location that 
        lacks access to broadband service with a speed of not less 
        than--
                    (A) 100 megabits per second for downloads; and
                    (B) 20 megabits per second for uploads.
            (15) Unserved broadband location.--The term ``unserved 
        broadband location'' means any location that lacks access to 
        broadband service with a speed of not less than--
                    (A) 25 megabits per second for downloads; and
                    (B) 3 megabits per second for uploads.
            (16) Working group.--The term ``working group'' means the 
        Federal Land Management Agency Working Group established by 
        section 11(a).

SEC. 3. PROMULGATION OF REGULATIONS FOR STREAMLINING PURPOSES.

    (a) Regulations.--Notwithstanding section 6409 of the Middle Class 
Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455), not later 
than 1 year after the date of enactment of this Act, the Secretary 
concerned shall promulgate regulations--
            (1) to ensure, to the maximum extent practicable, that the 
        process is uniform and standardized across applicable 
        organizational units;
            (2) to require that applications to locate or modify 
        communications facilities on covered land be considered and 
        granted on a competitively neutral, technology neutral, and 
        nondiscriminatory basis; and
            (3) to require that the cost recovery fee for locating or 
        modifying covered facilities on covered land be--
                    (A) calculated and assessed on an annual basis; and
                    (B) based solely on costs incurred by the 
                organizational unit in processing applications and 
                overseeing any construction related thereto.
    (b) Requirements.--The regulations promulgated under subsection (a) 
shall--
            (1) include procedures for the tracking of applications 
        described in subsection (a)(1), including--
                    (A) identifying on a publicly available website the 
                number of applications--
                            (i) received;
                            (ii) approved; and
                            (iii) denied;
                    (B) in the case of an application that is denied, 
                requiring that the applicant be provided with--
                            (i) a written decision describing the 
                        reasons for the denial; and
                            (ii) an opportunity to cure or appeal the 
                        denial; and
                    (C) describing the period of time between the 
                receipt of an application and the issuance of a final 
                decision on an application; and
            (2) provide for minimum lease terms of not less than 30 
        years for leases with respect to the location of communications 
        facilities on covered land.
    (c) Additional Considerations.--In promulgating regulations under 
subsection (a), the Secretary concerned shall consider--
            (1) how discrete reviews in considering an application 
        described in paragraph (1) of that subsection can be conducted 
        simultaneously, rather than sequentially, by any organizational 
        units that must approve the location or modification; and
            (2) how to eliminate overlapping requirements among the 
        organizational units with respect to the location or 
        modification of a communications facility on covered land 
        administered by the organizational units.
    (d) Communication of Streamlined Process to Organizational Units.--
The Secretary concerned shall, with respect to the regulations 
promulgated under subsection (a)--
            (1) communicate the regulations to the applicable 
        organizational units; and
            (2) ensure that those organizational units follow the 
        regulations.
    (e) Savings Provisions.--
            (1) Real property authorities.--Nothing in this section 
        provides any executive agency or organizational unit with any 
        new leasing or other real property authorities not in existence 
        before the date of enactment of this Act.
            (2) Effect on other laws.--
                    (A) In general.--Nothing in this section, including 
                any action taken pursuant to this section, affects a 
                decision or determination made by any executive agency 
                before the date of enactment of this Act to sell, 
                dispose of, declare excess or surplus, lease, reuse, or 
                redevelop any Federal real property pursuant to title 
                40, United States Code, the Federal Assets Sale and 
                Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 
                114-287), or any other law governing real property 
                activities of the Federal Government.
                    (B) Agreements.--No agreement entered into pursuant 
                to this section obligates the Federal Government to 
                hold, control, or otherwise retain or use real property 
                that may otherwise be deemed as excess, surplus, or 
                that could otherwise be sold, leased, or redeveloped.

SEC. 4. ONLINE TRACKING OF APPLICATION PROGRESS.

    (a) Sense of Congress.--It is the sense of Congress that 
communications projects (as defined in section 41001 of the FAST Act 
(42 U.S.C. 4370m)) should be, under title XLI of the FAST Act (42 
U.S.C. 4370m et seq.), considered a high priority as having an 
increased regional or national economic significance.
    (b) Communications Projects as Covered Projects.--Section 41001 of 
the FAST Act (42 U.S.C. 4370m) is amended--
            (1) by redesignating paragraphs (4) through (18) as 
        paragraphs (5) through (19), respectively;
            (2) by inserting after paragraph (3) the following:
            ``(4) Communications project.--
                    ``(A) In general.--The term `communications 
                project' means any construction project carried out at 
                a communications site.
                    ``(B) Other terms.--For purposes of this paragraph:
                            ``(i) Communications facility.--The term 
                        `communications facility' includes--
                                    ``(I) any infrastructure, including 
                                any transmitting device, tower, or 
                                support structure, and any equipment, 
                                switches, wiring, cabling, power 
                                sources, shelters, or cabinets, 
                                associated with the licensed or 
                                permitted unlicensed wireless or 
                                wireline transmission of writings, 
                                signs, signals, data, images, pictures, 
                                and sounds of all kinds; and
                                    ``(II) any antenna or apparatus 
                                that--
                                            ``(aa) is designed for the 
                                        purpose of emitting radio 
                                        frequency;
                                            ``(bb)(AA) is designed to 
                                        be operated, or is operating, 
                                        from a fixed location pursuant 
                                        to authorization by the Federal 
                                        Communications Commission; or
                                            ``(BB) is using duly 
                                        authorized devices that do not 
                                        require individual licenses; 
                                        and
                                            ``(cc) is added to a tower, 
                                        building, pole, cable, or other 
                                        structure.
                            ``(ii) Communications site.--The term 
                        `communications site' means an area of Federal 
                        land available for communications use.
                            ``(iii) Communications use.--
                                    ``(I) In general.--The term 
                                `communications use' means the 
                                placement or operation of 
                                infrastructure for wireline or wireless 
                                telecommunications, including cable 
                                television, television, and radio 
                                communications, regardless of whether 
                                the placement or operation is pursuant 
                                to a license issued by the Federal 
                                Communications Commission or on an 
                                unlicensed basis in accordance with the 
                                regulations of the Federal 
                                Communications Commission.
                                    ``(II) Inclusions.--The term 
                                `communications use' includes any 
                                ancillary activities, uses, or 
                                facilities directly related to the 
                                placement or operation of 
                                infrastructure for wireline or wireless 
                                telecommunications.
                            ``(iv) Federal land.--The term `Federal 
                        land' means land under the jurisdiction and 
                        management of a Federal land management agency.
                            ``(v) Federal land management agency.--The 
                        term `Federal land management agency' means--
                                    ``(I) the National Park Service;
                                    ``(II) the Bureau of Land 
                                Management;
                                    ``(III) the Bureau of Reclamation;
                                    ``(IV) the United States Fish and 
                                Wildlife Service;
                                    ``(V) the Forest Service; and
                                    ``(VI) the Bureau of Indian 
                                Affairs.''; and
            (3) in paragraph (7)(A) (as so redesignated)--
                    (A) in the matter preceding clause (i), by 
                inserting ``communications projects,'' after ``carbon 
                capture,''; and
                    (B) in clause (i), by striking subclause (II) and 
                inserting the following:
                            ``(II) is likely to require a total 
                        investment--
                                    ``(aa) in the case of a 
                                communications project, of any amount; 
                                and
                                    ``(bb) in the case of any other 
                                activity, of more than $200,000,000; 
                                and''.

SEC. 5. IMPROVING PUBLIC SAFETY ON FEDERAL LAND.

     Not later than 30 days after the date of enactment of this Act, 
the Secretary concerned shall direct the head of each Federal land 
management agency under the jurisdiction of the Secretary concerned to 
establish a new categorical exclusion from the requirements of title I 
of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et 
seq.) for projects involving an existing communications facility that 
would improve public safety on Federal land, such as--
            (1) providing backup power for the communications facility;
            (2) improving supporting infrastructure at the 
        communications facility; or
            (3) providing more reliable or redundant connection 
        capabilities using the communications facility.

SEC. 6. PREVIOUSLY DISTURBED RIGHTS-OF-WAY EXEMPTION.

     No review shall be required under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle 
III of title 54, United States Code, as a condition of granting a 
communications use authorization for the occupancy and use of 
previously disturbed Federal land.

SEC. 7. WIRELESS FACILITY MODIFICATIONS.

    Section 6409(a) of the Middle Class Tax Relief and Job Creation Act 
of 2012 (47 U.S.C. 1455(a)) is amended by striking paragraph (3).

SEC. 8. ESTABLISHMENT OF ONLINE PORTALS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, each Federal land management agency shall establish an 
online portal to accept an electronic SF-299.
    (b) Coordination.--The Federal land management agencies shall 
coordinate with each other to establish uniform versions of the online 
portal required under subsection (a).

SEC. 9. COLLECTION AND RETENTION OF COST RECOVERY FEES.

    (a) Collection and Retention of Cost Recovery Fees Associated With 
Communications Use Authorizations on Federal Land and Federal Land 
Management Agency Support for Communications Site Programs.--
            (1) Special account required.--The Secretary of the 
        Treasury shall establish a special account in the Treasury for 
        each Federal land management agency for the deposit of cost 
        recovery fees received by the Federal land management agency 
        relating to communications use authorizations granted, issued, 
        or executed by the Federal land management agency.
            (2) Requirements for cost recovery fees.--Notwithstanding 
        any other provision of law, any cost recovery fees collected by 
        a Federal land management agency pursuant to this section shall 
        be--
                    (A) collected only to the extent provided in 
                advance in an appropriations Act; and
                    (B) imposed on a competitively neutral, technology-
                neutral, and nondiscriminatory basis with respect to 
                other uses of the applicable communications site.
            (3) Deposit and retention of cost recovery fees.--Cost 
        recovery fees received by a Federal land management agency 
        shall--
                    (A) be deposited in the special account established 
                for that Federal land management agency under paragraph 
                (1); and
                    (B) remain available for expenditure under 
                paragraph (4), to the extent and in such amounts as are 
                provided in advance in appropriations Acts.
            (4) Expenditure of retained fees.--Amounts deposited in the 
        special account established for a Federal land management 
        agency under paragraph (1) shall be used by the Federal land 
        management agency for activities relating to communications use 
        authorizations or communications sites, including the 
        following:
                    (A) Administering communications use 
                authorizations, including through cooperative 
                agreements under subsection (b).
                    (B) Preparing needs assessments or other 
                programmatic analyses necessary to establish 
                communications sites and authorize communications uses 
                on or adjacent to Federal land.
                    (C) Developing management plans for the placement 
                of communications sites on or adjacent to Federal land 
                on a competitively neutral, technology-neutral, 
                nondiscriminatory basis.
                    (D) Training for management of communications sites 
                on or adjacent to Federal land.
                    (E) Obtaining, improving access to, or establishing 
                communications sites on or adjacent to Federal land.
                    (F) Hiring and training personnel to perform duties 
                that will help--
                            (i) to streamline permitting processes 
                        associated with communications use 
                        authorizations and the use of communications 
                        sites for communications use on Federal land; 
                        and
                            (ii) to reduce the time it takes for 
                        permits relating to communications use 
                        authorizations and the use of communications 
                        sites for communications use on Federal land to 
                        be approved.
            (5) No effect on other fee retention authorities.--This 
        subsection shall not limit or otherwise affect fee retention by 
        a Federal land management agency under any other authority.
    (b) Cooperative Agreement Authority.--The Secretary of the Interior 
may enter into cooperative agreements to carry out the activities 
described in subsection (a)(4).
    (c) Clarification of Cooperative Agreement Authority of the 
Secretary of Agriculture.--Section 8705(f) of the Agriculture 
Improvement Act of 2018 (43 U.S.C. 1761a(f)) is amended by adding at 
the end the following:
            ``(6) Cooperative agreement authority.--The Secretary may 
        enter into cooperative agreements to carry out the activities 
        described in subparagraphs (A) through (D) of paragraph (4).''.

SEC. 10. FEDERAL LAND MANAGEMENT AGENCY WORKING GROUP.

    (a) Establishment.--There is established a working group, to be 
known as the ``Federal Land Management Agency Working Group''.
    (b) Membership.--The working group shall be composed of 1 
representative of each of the Federal land management agencies, to be 
appointed by the Secretary concerned.
    (c) Duties.--The working group shall--
            (1) periodically meet to coordinate and expedite the review 
        of applications for communications use authorizations; and
            (2) coordinate with the Federal Communications Commission 
        to use broadband location data created under section 802(c) of 
        the Communications Act of 1934 (47 U.S.C. 642(c)) to identify 
        unserved locations that may need to use a Federal right-of-way 
        and prepare for potential communications use authorization 
        applications.
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