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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2611 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 2611

To support the establishment and improvement of communications sites on 
or adjacent to Federal lands under the jurisdiction of the Secretary of 
the Interior or the Secretary of Agriculture through the retention and 
 use of rental fees associated with such sites, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2019

 Mr. Huffman (for himself, Ms. Eshoo, and Mr. Thompson of Mississippi) 
 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 support the establishment and improvement of communications sites on 
or adjacent to Federal lands under the jurisdiction of the Secretary of 
the Interior or the Secretary of Agriculture through the retention and 
 use of rental fees associated with such sites, 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.

    This Act may be cited as the ``Public Lands Telecommunications 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Communications site.--The term ``communications site'' 
        means an area of Federal lands designated for 
        telecommunications uses.
            (2) Communications use.--The term ``communications use'' 
        means the placement and operation of infrastructure for 
        wireline or wireless telecommunications, including cable 
        television, television, and radio communications, regardless of 
        whether such placement and operation is pursuant to a license 
        issued by the Federal Communications Commission or on an 
        unlicensed basis in accordance with the regulations of the 
        Commission. The term includes ancillary activities, uses, or 
        facilities directly related to such placement and operation.
            (3) 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 lands for communications use.
            (4) Federal land management agency.--The term ``Federal 
        land management agency'' means the National Park Service, the 
        United States Fish and Wildlife Service, the Bureau of Land 
        Management, and the Bureau of Reclamation.
            (5) Federal lands.--The term ``Federal lands'' means lands 
        under the jurisdiction and management of a Federal land 
        management agency.
            (6) Rental fee.--The term ``rental fee'' means the fee 
        collected by a Federal land management agency for the occupancy 
        and use authorized by a communications use authorization 
        pursuant to and consistent with authorizing law.

SEC. 3. COLLECTION AND RETENTION OF RENTAL FEES ASSOCIATED WITH 
              COMMUNICATIONS USE AUTHORIZATIONS ON FEDERAL LANDS AND 
              FEDERAL LAND MANAGEMENT AGENCY SUPPORT FOR COMMUNICATION 
              SITE PROGRAMS.

    (a) 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 rental fees received by the 
Federal land management agency for communications use authorizations on 
Federal lands granted, issued, or executed by the Federal land 
management agency.
    (b) Competitively Neutral.--Notwithstanding any other provision of 
law, any rental fees collected pursuant to this Act shall be 
competitively neutral, technology neutral, and nondiscriminatory with 
respect to other uses of the communication site.
    (c) Rental Fees.--
            (1) Limitation on amount of rental fees.--Rental fees shall 
        not exceed the fee schedules published by the Secretary of the 
        Interior for communication use rights-of-way.
            (2) Revision of rental fee schedules for communication 
        sites rights of way.--Not later than 1 year after the date of 
        the enactment of this Act, through a public process that 
        includes consideration of industry comments, the Secretary of 
        the Interior shall revise the communication sites rights-of-way 
        rental fee schedule to reflect current communication 
        technologies, including the physical footprint of such 
        technologies.
    (d) Deposit and Retention of Rental Fees.--Rental fees received by 
a Federal land management agency shall--
            (1) be deposited in the special account established for 
        that Federal land management agency; and
            (2) remain available for expenditure under subsection (e), 
        to the extent and in such amounts as are provided in advance in 
        appropriation Acts.
    (e) Expenditure of Retained Fees.--Amounts deposited in the special 
account for a Federal land management agency shall be used solely for 
Federal land management agency activities related to communications 
sites, including the following:
            (1) Administering communications use authorizations, 
        including cooperative agreements under section 4.
            (2) Preparing needs assessments or other programmatic 
        analyses necessary to establish communications sites and 
        authorize communications uses on or adjacent to Federal lands.
            (3) Developing management plans for communications sites on 
        or adjacent to Federal lands on a competitively neutral, 
        technology neutral, nondiscriminatory basis.
            (4) Training for management of communications sites on or 
        adjacent to Federal lands.
            (5) Obtaining, improving access to, or establishing 
        communications sites on or adjacent to Federal lands.
    (f) No Effect on Other Fee Retention Authorities.--This Act shall 
not limit or otherwise affect fee retention by a Federal land 
management agency under any other authority.

SEC. 4. COOPERATIVE AGREEMENT AUTHORITY.

    The Secretary of the Interior may enter into cooperative agreements 
to carry out the activities described in section 3(e).

SEC. 5. CLARIFICATION OF COOPERATIVE AGREEMENT AUTHORITY OF THE 
              SECRETARY OF AGRICULTURE.

    Section 8705(f) of the Agriculture Improvement Act of 2018 (Public 
Law 115-334) 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).''.
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