I 

116TH CONGRESS 

2D SESSION H. R. 7367 

To require the Assistant Secretary of Commerce for Communications and 

Information to report to Congress every 60 days on barriers to implementation by the Department of Interior and Department of Agriculture 

of an online portal to accept, process, and dispose of an application 

for the placement of communications facilities on certain Federal lands. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 25, 2020 

Mr. MCKINLEY introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To require the Assistant Secretary of Commerce for Communications and Information to report to Congress every 

60 days on barriers to implementation by the Department of Interior and Department of Agriculture of an 

online portal to accept, process, and dispose of an application for the placement of communications facilities on 

certain Federal lands. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Facilitating the De3 ployment of Infrastructure with Greater Internet Trans4 actions And Legacy Applications Act’’ or the ‘‘Facilitating 

5 DIGITAL Applications Act’’. 

6 SEC. 2. BARRIERS TO IMPLEMENTATION OF AN ONLINE 

7 PORTAL FOR FORM 299. 

8 (a) DEFINITIONS.—In this Act: 

9 (1) APPROPRIATE COMMITTEES OF CON10 GRESS.—The term ‘‘appropriate committees of Con11 gress’’ means— 

12 (A) the Committee on Energy and Com13 merce of the House of Representatives; 

14 (B) the Committee on Natural Resources 

15 of the House of Representatives; 

16 (C) the Committee on Commerce, Science, 

17 and Transportation of the Senate; and 

18 (D) the Committee on Environment and 

19 Public Works of the Senate. 

20 (2) ASSISTANT SECRETARY.—The term ‘‘Assist21 ant Secretary’’ means the Assistant Secretary of 

22 Commerce for Communications and Information. 

23 (3) COMMUNICATIONS FACILITY.—The term 

24 ‘‘communications facility’’ includes— 

25 (A) any infrastructure, including any 

26 transmitting device, tower, or support structure, 


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1 and any equipment, switches, wiring, cabling, 

2 power sources, shelters, or cabinets, associated 

3 with the licensed or permitted unlicensed wire4 less or wireline transmission of writings, signs, 

5 signals, data, images, pictures, and sounds of 

6 all kinds; and 

7 (B) any antenna or apparatus that— 

8 (i) is designed for the purpose of 

9 emitting radio frequency; 

10 (ii) is designed to be operated, or is 

11 operating, from a fixed location pursuant 

12 to authorization by the Commission or is 

13 using duly authorized devices that do not 

14 require individual licenses; and 

15 (iii) is added to a tower, building, or 

16 other structure. 

17 (4) COMMUNICATIONS USE.—The term ‘‘com18 munications use’’ means the placement and oper19 ation of a communications facility. 

20 (5) COMMUNICATIONS USE AUTHORIZATION.— 

21 The term ‘‘communications use authorization’’ 

22 means an easement, right-of-way, lease, license, or 

23 other authorization to locate or modify a commu24 nications facility on covered land by the Department 

25 concerned for the primary purpose of authorizing 


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1 the occupancy and use of the covered land for com2 munications use. 

3 (6) COVERED LAND.—The term ‘‘covered land’’ 

4 means— 

5 (A) public land administered by the Sec6 retary of the Interior; and 

7 (B) National Forest System land. 

8 (7) DEPARTMENT CONCERNED.—The term 

9 ‘‘Department concerned’’ means the Department of 

10 the Interior or the Department of Agriculture. 

11 (8) FORM 299.—The term ‘‘Form 299’’ means 

12 the form established under section 6409(b)(2)(A) of 

13 the Middle Class Tax Relief and Job Creation Act 

14 of 2012 (47 U.S.C. 1455(b)(2)(A)), or any successor 

15 form. 

16 (9) SECRETARY CONCERNED.—The term ‘‘Sec17 retary concerned’’ means— 

18 (A) the Secretary of the Interior, with re19 spect to public land; and 

20 (B) the Secretary of Agriculture, with re21 spect to National Forest System land. 

22 (b) BARRIERS TO IMPLEMENTATION.— 

23 (1) IN GENERAL.—Not later than 90 days after 

24 the date of enactment of this section, and every 60 

25 days thereafter until the notification described in 


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1 paragraph (2), the Assistant Secretary shall submit 

2 a report to the appropriate committees in Con3 gress— 

4 (A) describing whether the Department 

5 concerned has established an online portal for 

6 the acceptance, processing, and disposal of a 

7 Form 299; and 

8 (B) describing barriers to the establish9 ment of an online portal for the acceptance, 

10 processing, and disposal of a Form 299. 

11 (2) NOTIFICATION DESCRIBED.—The Secretary 

12 concerned shall notify the Assistant Secretary not 

13 later than 3 business days after the Department 

14 concerned has established an online portal for the 

15 acceptance, processing, and disposal of a Form 299. 

Æ 


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