I 

117TH CONGRESS 

1ST SESSION H. R. 1038 

To require the Secretary of the Interior and the Secretary of Agriculture 

to provide a plan to ensure adequate staffing throughout organizational 

units of the Department of the Interior and Department of Agriculture 

to review communications use authorizations in a timely manner. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2021 

Mr. ARMSTRONG 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 

A BILL 

To require the Secretary of the Interior and the Secretary 

of Agriculture to provide a plan to ensure adequate staffing throughout organizational units of the Department 

of the Interior and Department of Agriculture to review 

communications use authorizations in a timely manner. 

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 ‘‘Enhancing Adminis5 trative Reviews for Broadband Deployment Act’’. 


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1 SEC. 2. ENABLING ADMINISTRATIVE REVIEW. 

2 (a) DEFINITIONS.—In this Act: 

3 (1) APPROPRIATE COMMITTEES OF CON4 GRESS.—The term ‘‘appropriate committees of Con5 gress’’ means— 

6 (A) the Committee on Energy and Com7 merce of the House of Representatives; 

8 (B) the Committee on Natural Resources 

9 of the House of Representatives; 

10 (C) the Committee on Commerce, Science, 

11 and Transportation of the Senate; and 

12 (D) the Committee on Environment and 

13 Public Works of the Senate. 

14 (2) COMMUNICATIONS FACILITY.—The term 

15 ‘‘communications facility’’ includes— 

16 (A) any infrastructure, including any 

17 transmitting device, tower, or support structure, 

18 and any equipment, switch, wiring, cabling, 

19 power source, shelter, or cabinet, associated 

20 with the licensed or permitted unlicensed wire21 less or wireline transmission of any writing, 

22 sign, signal, data, image, picture, and sound of 

23 any kind; and 

24 (B) any antenna or apparatus that— 

25 (i) is designed for the purpose of 

26 emitting radio frequency; 


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

2 operating, from a fixed location pursuant 

3 to authorization by the Commission or is 

4 using a duly authorized device that does 

5 not require an individual license; and 

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

7 other structure. 

8 (3) COMMUNICATIONS SITE.—The term ‘‘com9 munications site’’ means an area of covered land 

10 designated for communications uses. 

11 (4) COMMUNICATIONS USE.—The term ‘‘com12 munications use’’ means the placement and oper13 ation of communications facility. 

14 (5) COMMUNICATIONS USE AUTHORIZATION.— 

15 The term ‘‘communications use authorization’’ 

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

17 other authorization to locate or modify a commu18 nications facility on covered land by the Department 

19 concerned for the primary purpose of authorizing 

20 the occupancy and use of the covered land for com21 munications use. 

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

23 means— 

24 (A) public land administered by the Sec25 retary of the Interior; and 


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1 (B) National Forest System land. 

2 (7) DEPARTMENT CONCERNED.—The term 

3 ‘‘Department concerned’’ means the Department of 

4 the Interior or the Department of Agriculture. 

5 (8) ORGANIZATIONAL UNIT.—The term ‘‘orga6 nizational unit’’ means— 

7 (A) with respect to public land adminis8 tered by the Secretary of the Interior— 

9 (i) a State office; 

10 (ii) a district office; or 

11 (iii) a field office; and 

12 (B) within the Forest Service— 

13 (i) a regional office; 

14 (ii) the headquarters; 

15 (iii) a management unit; or 

16 (iv) a ranger district office. 

17 (9) SECRETARY CONCERNED.—The term ‘‘Sec18 retary concerned’’ means— 

19 (A) the Secretary of the Interior, with re20 spect to public land; and 

21 (B) the Secretary of Agriculture, with re22 spect to National Forest System land. 

23 (b) STUDY REQUIRED.—Not later than 1 year after 

24 the date of enactment of this Act, the Secretary concerned 


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1 shall submit to the appropriate committees of Congress 

2 a report that— 

3 (1) provides an assessment on programmatic or 

4 administrative barriers to reviewing communications 

5 use authorizations by the Department concerned or 

6 organizational units of the Department concerned; 

7 (2) provides an assessment whether there are 

8 rules or regulations of the Department concerned 

9 that could be revised to improve the efficiency of re10 viewing a communications use authorization; 

11 (3) describes the process for prioritizing the re12 view of a communications use authorization; and 

13 (4) provides a plan to ensure adequate staffing 

14 throughout organizational units of the Department 

15 concerned to review communications use authoriza16 tions in a timely manner. 

Æ 


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