II 

115TH CONGRESS 

2D SESSION H. R. 4824 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 17, 2018 

Received 

AN ACT 

To allow certain State and tribal permitting authority to 

encourage expansion of broadband service to rural and 

tribal communities, and for other purposes. 

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 ‘‘Rural Broadband Per3 mitting Efficiency Act of 2018’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) BROADBAND PROJECT.—The term 

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

8 broadband provider of wireless or broadband infra9 structure, including but not limited to, copper lines, 

10 fiber optic lines, communications towers, buildings, 

11 or other improvements on Federal land. 

12 (2) BROADBAND PROVIDER.—The term 

13 ‘‘broadband provider’’ means a provider of wireless 

14 or broadband infrastructure that enables a user to 

15 originate and receive high-quality voice, data, graph16 ics, and video telecommunications. 

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

18 means— 

19 (A) any land owned by an Indian Tribe, lo20 cated within the boundaries of an Indian res21 ervation, pueblo, or rancheria; or 

22 (B) any land located within the boundaries 

23 of an Indian reservation, pueblo, or rancheria, 

24 the title to which is held— 


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1 (i) in trust by the United States for 

2 the benefit of an Indian Tribe or an indi3 vidual Indian; 

4 (ii) by an Indian Tribe or an indi5 vidual Indian, subject to restriction against 

6 alienation under laws of the United States; 

7 or 

8 (iii) by a dependent Indian commu9 nity. 

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

11 means a federally recognized Indian Tribe. 

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

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

14 interests (including easements) acquired for the con15 struction or operation of a project, including the lo16 cations of the roadway, bridges, interchanges, cul17 verts, drainage, clear zone, traffic control signage, 

18 landscaping, copper and fiber optic lines, utility shel19 ters, and broadband infrastructure as installed by 

20 broadband providers, and any rest areas with direct 

21 access to a controlled access highway or the National 

22 Highway System. 

23 (6) SECRETARY CONCERNED.—The term ‘‘Sec24 retary concerned’’ means— 


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1 (A) the Secretary of Agriculture (acting 

2 through the Chief of the Forest Service), with 

3 respect to National Forest System land; and 

4 (B) the Secretary of the Interior, with re5 spect to land managed by the Department of 

6 the Interior (including land held in trust for an 

7 Indian Tribe). 

8 SEC. 3. STATE OR TRIBAL PERMITTING AUTHORITY. 

9 (a) IN GENERAL.—The Secretary concerned shall es10 tablish (or in the case where both Department of the Inte11 rior and National Forest System land would be affected, 

12 shall jointly establish) a voluntary program under which 

13 any State or Indian Tribe may offer, and the Secretary 

14 concerned may agree, to enter into a memorandum of un15 derstanding to allow for the State or Indian Tribe to pre16 pare environmental analyses required under the National 

17 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

18 seq.) for the permitting of broadband projects within an 

19 operational right-of-way on National Forest System land, 

20 land managed by the Department of the Interior, and In21 dian Lands. Under such a memorandum of understanding, 

22 an Indian Tribe or State may volunteer to cooperate with 

23 the signatories to the memorandum in the preparation of 

24 the analyses required under the National Environmental 

25 Policy Act of 1969. 


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1 (b) ASSUMPTION OF RESPONSIBILITIES.— 

2 (1) IN GENERAL.—In entering into a memo3 randum of understanding under this section, the 

4 Secretary concerned may assign to the State or In5 dian Tribe, and the State or Indian Tribe may agree 

6 to assume, all or part of the responsibilities of the 

7 Secretary concerned for environmental analyses 

8 under the National Environmental Policy Act of 

9 1969 (42 U.S.C. 4321 et seq.). 

10 (2) STATE OR INDIAN TRIBE RESPONSI11 BILITY.— 

12 (A) IN GENERAL.—A State or Indian 

13 Tribe that assumes any responsibility under 

14 paragraph (1) shall be subject to the same pro15 cedural and substantive requirements as would 

16 apply if the responsibility were carried out by 

17 the Secretary concerned. 

18 (B) EFFECT OF ASSUMPTION OF RESPON19 SIBILITY.—A State or Indian Tribe that as20 sumes any responsibility, including financial re21 sponsibility, under paragraph (1) shall be solely 

22 responsible and solely liable for carrying out, in 

23 lieu of the Secretary concerned, the responsibil24 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 

4 or 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 

8 (or successor regulations), and the regulations 

9 of the 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 

18 of understanding under this section shall provide to the 

19 Secretary concerned notice of the intent of the State or 

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

21 which the State or Indian Tribe submits a formal written 

22 offer to the Secretary concerned. 

23 (d) TRIBAL CONSULTATION.—Within 90 days of en24 tering into any memorandum of understanding with a 


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1 State, the Secretary concerned shall initiate consultation 

2 with relevant 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 Gov7 ernor’s designee, or in the case of an Indian Tribe, 

8 by an officer designated by the governing body of 

9 the Indian 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 

22 of any responsibility of the Secretary concerned 

23 assumed by the State or Indian Tribe; 

24 (C) certify that State laws and regulations, 

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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 responsibil14 ities 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 

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1 agement Act of 1976 (43 U.S.C. 1701 et seq.); 

2 and 

3 (G) agrees to send a copy of all author4 izing documents to the United States for proper 

5 notation and recordkeeping; 

6 (5) prioritize and expedite any analyses under 

7 the National Environmental Policy Act of 1969 (42 

8 U.S.C. 4321 et seq.) under the memorandum of un9 derstanding; 

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

11 without the consent of the relevant Indian Tribe; 

12 and 

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

14 lands without the consent of the relevant State. 

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

16 State or Indian Tribe to assume— 

17 (1) any rulemaking authority of the Secretary 

18 concerned under any Federal law; and 

19 (2) Federal Government responsibilities for gov20 ernment-to-government consultation with Indian 

21 Tribes. 

22 (g) TERMINATION.— 

23 (1) TERMINATION BY THE SECRETARY.—The 

24 Secretary concerned may terminate the participation 


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1 of any State or Indian Tribe in the program estab2 lished under this section if— 

3 (A) the Secretary concerned determines 

4 that the State or Indian Tribe is not adequately 

5 carrying out the responsibilities assigned to and 

6 assumed by the State or Indian Tribe; 

7 (B) the Secretary concerned provides to 

8 the State or Indian Tribe— 

9 (i) notification of the determination of 

10 noncompliance; and 

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

12 which to take such corrective action as the 

13 Secretary concerned determines is nec14 essary to comply with the applicable agree15 ment; and 

16 (C) the State or Indian Tribe, after the no17 tification and period provided under subpara18 graph (B), fails to take satisfactory corrective 

19 action, as determined by the Secretary con20 cerned. 

21 (2) TERMINATION BY THE STATE OR INDIAN

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

23 participation of the State or Indian Tribe in the pro24 gram established under this section at any time by 

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1 tent to terminate by not later than the date that is 

2 90 days before the date of termination. 

3 (3) TERMINATION OF MEMORANDUM OF UN4 DERSTANDING WITH STATE OR INDIAN TRIBE.—A 

5 State or an Indian Tribe may terminate a joint 

6 memorandum of understanding under this section at 

7 any time by providing to the Secretary concerned a 

8 notice of intent to terminate by no later than the 

9 date that is 90 days before the date of termination. 

10 SEC. 4. FEDERAL BROADBAND PERMIT COORDINATION. 

11 (a) ESTABLISHMENT.—The Secretary concerned 

12 shall establish a broadband permit streamlining team com13 prised of qualified staff under subsection (b)(4) in each 

14 State or regional office that has been delegated responsi15 bility for issuing permits for broadband projects. 

16 (b) MEMORANDUM OF UNDERSTANDING.— 

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

18 the date of enactment of this Act, the Secretary con19 cerned, in consultation with the National Conference 

20 of State Historic Preservation Officers and the Na21 tional Tribal Historic Preservation Officers Associa22 tion, shall enter into a memorandum of under23 standing to carry out this section with— 

24 (A) the Secretary of Agriculture or of the 

25 Interior, as appropriate; 


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1 (B) the Director of the Bureau of Indian 

2 Affairs; and 

3 (C) the Director of the United States Fish 

4 and Wildlife Service. 

5 (2) PURPOSE.—The purpose of the memo6 randum of understanding under paragraph (1) is to 

7 coordinate and expedite permitting decisions for 

8 broadband projects. 

9 (3) STATE OR TRIBAL PARTICIPATION.—The 

10 Secretary concerned may request that the Governor 

11 of any State or the officer designated by the gov12 erning body of the Indian Tribe with one or more 

13 broadband projects be a party to the memorandum 

14 of understanding under paragraph (1). 

15 (4) DESIGNATION OF QUALIFIED STAFF.— 

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

17 after the date of entrance into the memo18 randum of understanding under paragraph (1), 

19 the head of each Federal agency that is a party 

20 to the memorandum of understanding (other 

21 than the Secretary concerned) may, if the head 

22 of the Federal agency determines it to be ap23 propriate, designate to each State or regional 

24 office an employee of that Federal agency with 

25 expertise in regulatory issues relating to that 


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1 Federal agency, including, as applicable, par2 ticular expertise in— 

3 (i) planning under the Forest and 

4 Rangeland Renewable Resources Planning 

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

6 planning under the Federal Land Policy 

7 Management Act of 1976 (43 U.S.C. 1701 

8 et seq.); 

9 (ii) the preparation of analyses under 

10 the National Environmental Policy Act of 

11 1969 (42 U.S.C. 4321 et seq.); or 

12 (iii) consultation and the preparation 

13 of biological opinions under section 7 of 

14 the Endangered Species Act of 1973 (16 

15 U.S.C. 1536). 

16 (B) DUTIES.—Each employee designated 

17 under subparagraph (A) shall— 

18 (i) be responsible for any issue relat19 ing to any broadband project within the ju20 risdiction of the State or regional office 

21 under the authority of the Federal agency 

22 from which the employee is assigned; 

23 (ii) participate as part of the team of 

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1 posed broadband projects, including plan2 ning and environmental analyses; and 

3 (iii) serve as the designated point of 

4 contact with any applicable State or Indian 

5 Tribe that assumes any responsibility 

6 under section 3(b)(1) relating to any issue 

7 described in clause (i). 

Passed the House of Representatives September 12, 

2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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