IB 

Union Calendar No. 679 

115TH CONGRESS 

2D SESSION H. R. 4824 

[Report No. 115–881, Part I] 

To allow certain State permitting authority to encourage expansion of 

broadband service to rural communities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 18, 2018 

Mr. CURTIS (for himself, Mr. GOSAR, Mr. LAMALFA, Mr. TIPTON, Mr. 

GIANFORTE, Mr. PEARCE, Mr. BUCK, Mrs. NOEM, and Mr. STEWART) 

introduced the following bill; which was referred to the Committee on 

Natural Resources, and in addition to the Committee on Agriculture, 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 

AUGUST 3, 2018 

Additional sponsors: Mr. NEWHOUSE, Mr. MEADOWS, Mr. WESTERMAN, and 

Mr. LAMBORN

AUGUST 3, 2018 

Reported from the Committee on Natural Resources with amendments 

[Strike out all after the enacting clause and insert the part printed in italic] 

AUGUST 3, 2018 

Committee on Agriculture discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on January 18, 2018] 


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A BILL 

To allow certain State permitting authority to encourage 

expansion of broadband service to rural communities, 

and for other purposes. 


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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Rural Broadband Per5 mitting Efficiency Act of 2018’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) BROADBAND PROJECT.—The term 

9 ‘‘broadband project’’ means an installation by a 

10 broadband provider of wireless or broadband infra11 structure, including but not limited to, copper lines, 

12 fiber optic lines, communications towers, buildings, or 

13 other improvements on Federal land. 

14 (2) BROADBAND PROVIDER.—The term 

15 ‘‘broadband provider’’ means a provider of wireless or 

16 broadband infrastructure that enables a user to origi17 nate and receive high-quality voice, data, graphics, 

18 and video telecommunications. 

19 (3) INDIAN LANDS.—The term ‘‘Indian Lands’’ 

20 means— 

21 (A) any land owned by an Indian Tribe, lo22 cated within the boundaries of an Indian res23 ervation, pueblo, or rancheria; or 


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1 (B) any land located within the boundaries 

2 of an Indian reservation, pueblo, or rancheria, 

3 the title to which is held— 

4 (i) in trust by the United States for the 

5 benefit of an Indian Tribe or an individual 

6 Indian; 

7 (ii) by an Indian Tribe or an indi8 vidual Indian, subject to restriction against 

9 alienation under laws of the United States; 

10 or 

11 (iii) by a dependent Indian commu12 nity. 

13 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

14 means a federally recognized Indian Tribe. 

15 (5) OPERATIONAL RIGHT-OF-WAY.—The term 

16 ‘‘operational right-of-way’’ means all real property 

17 interests (including easements) acquired for the con18 struction or operation of a project, including the loca19 tions of the roadway, bridges, interchanges, culverts, 

20 drainage, clear zone, traffic control signage, land21 scaping, copper and fiber optic lines, utility shelters, 

22 and broadband infrastructure as installed by 

23 broadband providers, and any rest areas with direct 

24 access to a controlled access highway or the National 

25 Highway System. 


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1 (6) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means— 

3 (A) the Secretary of Agriculture (acting 

4 through the Chief of the Forest Service), with re5 spect to National Forest System land; and 

6 (B) the Secretary of the Interior, with re7 spect to land managed by the Department of the 

8 Interior (including land held in trust for an In9 dian Tribe). 

10 SEC. 3. STATE OR TRIBAL PERMITTING AUTHORITY. 

11 (a) IN GENERAL.—The Secretary concerned shall es12 tablish (or in the case where both Department of the Interior 

13 and National Forest System land would be affected, shall 

14 jointly establish) a voluntary program under which any 

15 State or Indian Tribe may offer, and the Secretary con16 cerned may agree, to enter into a memorandum of under17 standing to allow for the State or Indian Tribe to prepare 

18 environmental analyses required under the National Envi19 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 

20 the permitting of broadband projects within an operational 

21 right-of-way on National Forest System land, land man22 aged by the Department of the Interior, and Indian Lands. 

23 Under such a memorandum of understanding, an Indian 

24 Tribe or State may volunteer to cooperate with the signato25 ries to the memorandum in the preparation of the analyses 


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1 required under the National Environmental Policy Act of 

2 1969. 

3 (b) ASSUMPTION OF RESPONSIBILITIES.— 

4 (1) IN GENERAL.—In entering into a memo5 randum of understanding under this section, the Sec6 retary concerned may assign to the State or Indian 

7 Tribe, and the State or Indian Tribe may agree to as8 sume, all or part of the responsibilities of the Sec9 retary concerned for environmental analyses under 

10 the National Environmental Policy Act of 1969 (42 

11 U.S.C. 4321 et seq.). 

12 (2) STATE OR INDIAN TRIBE RESPONSIBILITY.— 

13 (A) IN GENERAL.—A State or Indian Tribe 

14 that assumes any responsibility under para15 graph (1) shall be subject to the same procedural 

16 and substantive requirements as would apply if 

17 the responsibility were carried out by the Sec18 retary concerned. 

19 (B) EFFECT OF ASSUMPTION OF RESPONSI20 BILITY.—A State or Indian Tribe that assumes 

21 any responsibility, including financial responsi22 bility, under paragraph (1) shall be solely re23 sponsible and solely liable for carrying out, in 

24 lieu of the Secretary concerned, the responsibil25 ities assumed under that paragraph until the 


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1 date on which the program is terminated under 

2 subsection (g). 

3 (C) ENVIRONMENTAL REVIEW.—A State or 

4 Indian Tribe that assumes any responsibility 

5 under paragraph (1) shall comply with the envi6 ronmental review procedures under parts 1500– 

7 1508 of title 40, Code of Federal Regulations (or 

8 successor regulations), and the regulations of the 

9 Secretary concerned. 

10 (3) FEDERAL RESPONSIBILITY.—Any responsi11 bility of the Secretary concerned described in para12 graph (1) that is not explicitly assumed by the State 

13 or Indian Tribe in the memorandum of under14 standing shall remain the responsibility of the Sec15 retary concerned. 

16 (c) OFFER AND NOTIFICATION.—A State or Indian 

17 Tribe that intends to offer to enter into a memorandum of 

18 understanding under this section shall provide to the Sec19 retary concerned notice of the intent of the State or Indian 

20 Tribe not later than 90 days before the date on which the 

21 State or Indian Tribe submits a formal written offer to the 

22 Secretary concerned. 

23 (d) TRIBAL CONSULTATION.—Within 90 days of enter24 ing into any memorandum of understanding with a State, 


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1 the Secretary concerned shall initiate consultation with rel2 evant Indian Tribes. 

3 (e) MEMORANDUM OF UNDERSTANDING.—A memo4 randum of understanding entered into under this section 

5 shall— 

6 (1) be executed by the Governor or the Governor’s 

7 designee, or in the case of an Indian Tribe, by an of8 ficer designated by the governing body of the Indian 

9 Tribe; 

10 (2) be for a term not to exceed 10 years; 

11 (3) be in such form as the Secretary concerned 

12 may prescribe; 

13 (4) provide that the State or Indian Tribe— 

14 (A) agrees to assume all or part of the re15 sponsibilities of the Secretary concerned de16 scribed in subsection (b)(1); 

17 (B) expressly consents, including through 

18 the adoption of express waivers of sovereign im19 munity, on behalf of the State or Indian Tribe, 

20 to accept the jurisdiction of the Federal courts 

21 for the compliance, discharge, and enforcement of 

22 any responsibility of the Secretary concerned as23 sumed by the State or Indian Tribe; 

24 (C) certify that State laws and regulations, 

25 with respect to States, or Tribal laws and reguVerDate Sep 11 2014 22:52 Aug 03, 2018 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H4824.RH H4824

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1 lations, with respect to Indian Tribes, are in ef2 fect that— 

3 (i) authorize the State or Indian Tribe 

4 to take the actions necessary to carry out 

5 the responsibilities being assumed; and 

6 (ii) are comparable to section 552 of 

7 title 5, United States Code, including pro8 viding that any decision regarding the pub9 lic availability of a document under the 

10 State laws is reviewable by a court of com11 petent jurisdiction; 

12 (D) agrees to maintain the financial re13 sources necessary to carry out the responsibilities 

14 being assumed; 

15 (E) agrees to provide to the Secretary con16 cerned any information the Secretary concerned 

17 considers necessary to ensure that the State or 

18 Indian Tribe is adequately carrying out the re19 sponsibilities assigned to and assumed by the 

20 State or Indian Tribe; 

21 (F) agrees to return revenues generated 

22 from the use of public lands authorized under 

23 this section to the United States annually, in ac24 cordance with the Federal Land Policy Manage25 ment Act of 1976 (43 U.S.C. 1701 et seq.); and 


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1 (G) agrees to send a copy of all authorizing 

2 documents to the United States for proper nota3 tion and recordkeeping; 

4 (5) prioritize and expedite any analyses under 

5 the National Environmental Policy Act of 1969 (42 

6 U.S.C. 4321 et seq.) under the memorandum of un7 derstanding; 

8 (6) not be granted to a State on Indian Lands 

9 without the consent of the relevant Indian Tribe; and 

10 (7) not be granted to an Indian Tribe on State 

11 lands without the consent of the relevant State. 

12 (f) LIMITATION.—Nothing in this section permits a 

13 State or Indian Tribe to assume— 

14 (1) any rulemaking authority of the Secretary 

15 concerned under any Federal law; and 

16 (2) Federal Government responsibilities for gov17 ernment-to-government consultation with Indian 

18 Tribes. 

19 (g) TERMINATION.— 

20 (1) TERMINATION BY THE SECRETARY.—The 

21 Secretary concerned may terminate the participation 

22 of any State or Indian Tribe in the program estab23 lished under this section if— 

24 (A) the Secretary concerned determines that 

25 the State or Indian Tribe is not adequately carVerDate Sep 11 2014 22:52 Aug 03, 2018 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H4824.RH H4824

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1 rying out the responsibilities assigned to and as2 sumed by the State or Indian Tribe; 

3 (B) the Secretary concerned provides to the 

4 State or Indian Tribe— 

5 (i) notification of the determination of 

6 noncompliance; and 

7 (ii) a period of at least 30 days during 

8 which to take such corrective action as the 

9 Secretary concerned determines is necessary 

10 to comply with the applicable agreement; 

11 and 

12 (C) the State or Indian Tribe, after the no13 tification and period provided under subpara14 graph (B), fails to take satisfactory corrective ac15 tion, as determined by the Secretary concerned. 

16 (2) TERMINATION BY THE STATE OR INDIAN

17 TRIBE.—A State or Indian Tribe may terminate the 

18 participation of the State or Indian Tribe in the pro19 gram established under this section at any time by 

20 providing to the Secretary concerned a notice of in21 tent to terminate by not later than the date that is 

22 90 days before the date of termination. 

23 (3) TERMINATION OF MEMORANDUM OF UNDER24 STANDING WITH STATE OR INDIAN TRIBE.—A State or 

25 an Indian Tribe may terminate a joint memorandum 


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1 of understanding under this section at any time by 

2 providing to the Secretary concerned a notice of in3 tent to terminate by no later than the date that is 90 

4 days before the date of termination. 

5 SEC. 4. CATEGORICAL EXCLUSION FOR PROJECTS WITHIN 

6 OPERATIONAL RIGHTS-OF-WAY. 

7 (a) CATEGORICAL EXCLUSION ESTABLISHED.— 

8 Broadband projects carried out in an operational right-of9 way are a category of actions hereby designated as being 

10 categorically excluded from the preparation of an environ11 mental assessment or an environmental impact statement 

12 under section 102 of the National Environmental Policy 

13 Act of 1969 (42 U.S.C. 4332). 

14 (b) AVAILABILITY OF CATEGORICAL EXCLUSION.—On 

15 and after the date of the enactment of this Act, the Secretary 

16 concerned may use the categorical exclusion established 

17 under subsection (a) in accordance with this section. 

18 SEC. 5. FEDERAL BROADBAND PERMIT COORDINATION. 

19 (a) ESTABLISHMENT.—The Secretary concerned shall 

20 establish a broadband permit streamlining team comprised 

21 of qualified staff under subsection (b)(4) in each State or 

22 regional office that has been delegated responsibility for 

23 issuing permits for broadband projects. 

24 (b) MEMORANDUM OF UNDERSTANDING.— 


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

2 the date of enactment of this Act, the Secretary con3 cerned, in consultation with the National Conference 

4 of State Historic Preservation Officers and the Na5 tional Tribal Historic Preservation Officers Associa6 tion, shall enter into a memorandum of under7 standing to carry out this section with— 

8 (A) the Secretary of Agriculture or of the 

9 Interior, as appropriate; 

10 (B) the Director of the Bureau of Indian 

11 Affairs; and 

12 (C) the Director of the United States Fish 

13 and Wildlife Service. 

14 (2) PURPOSE.—The purpose of the memorandum 

15 of understanding under paragraph (1) is to coordi16 nate and expedite permitting decisions for broadband 

17 projects. 

18 (3) STATE OR TRIBAL PARTICIPATION.—The Sec19 retary concerned may request that the Governor of 

20 any State or the officer designated by the governing 

21 body of the Indian Tribe with one or more broadband 

22 projects be a party to the memorandum of under23 standing under paragraph (1). 

24 (4) DESIGNATION OF QUALIFIED STAFF.— 


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1 (A) IN GENERAL.—Not later than 30 days 

2 after the date of entrance into the memorandum 

3 of understanding under paragraph (1), the head 

4 of each Federal agency that is a party to the 

5 memorandum of understanding (other than the 

6 Secretary concerned) may, if the head of the Fed7 eral agency determines it to be appropriate, des8 ignate to each State or regional office an em9 ployee of that Federal agency with expertise in 

10 regulatory issues relating to that Federal agency, 

11 including, as applicable, particular expertise 

12 in— 

13 (i) planning under the Forest and 

14 Rangeland Renewable Resources Planning 

15 Act of 1974 (16 U.S.C. 1600 et seq.) and 

16 planning under the Federal Land Policy 

17 Management Act of 1976 (43 U.S.C. 1701 et 

18 seq.); 

19 (ii) the preparation of analyses under 

20 the National Environmental Policy Act of 

21 1969 (42 U.S.C. 4321 et seq.); or 

22 (iii) consultation and the preparation 

23 of biological opinions under section 7 of the 

24 Endangered Species Act of 1973 (16 U.S.C. 

25 1536). 


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1 (B) DUTIES.—Each employee designated 

2 under subparagraph (A) shall— 

3 (i) be responsible for any issue relating 

4 to any broadband project within the juris5 diction of the State or regional office under 

6 the authority of the Federal agency from 

7 which the employee is assigned; 

8 (ii) participate as part of the team of 

9 personnel working on one or more proposed 

10 broadband projects, including planning and 

11 environmental analyses; and 

12 (iii) serve as the designated point of 

13 contact with any applicable State or Indian 

14 Tribe that assumes any responsibility under 

15 section 3(b)(1) relating to any issue de16 scribed in clause (i). 

Amend the title so as to read: ‘‘A bill to allow certain State and tribal permitting authority to encourage 

expansion of broadband service to rural and tribal communities, and for other purposes.’’. 


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Union Calendar No. 679 

115TH CONGRESS 

2D SESSION H. R. 4824 

[Report No. 115–881, Part I] 

A BILL 

To allow certain State permitting authority to encommunities, and for other purposes. courage expansion of broadband service to rural 

AUGUST 3, 2018 

Reported from the Committee on Natural Resources with 

amendments 

AUGUST 3, 2018 

Committee on Agriculture discharged; committed to the 

Union and ordered to be printed Committee of the Whole House on the State of the 


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