I 

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. 

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 ‘‘Public Lands Tele3 communications Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) COMMUNICATIONS SITE.—The term ‘‘com7 munications site’’ means an area of Federal lands 

8 designated for telecommunications uses. 

9 (2) COMMUNICATIONS USE.—The term ‘‘com10 munications use’’ means the placement and oper11 ation of infrastructure for wireline or wireless tele12 communications, including cable television, tele13 vision, and radio communications, regardless of 

14 whether such placement and operation is pursuant 

15 to a license issued by the Federal Communications 

16 Commission or on an unlicensed basis in accordance 

17 with the regulations of the Commission. The term 

18 includes ancillary activities, uses, or facilities directly 

19 related to such placement and operation. 

20 (3) COMMUNICATIONS USE AUTHORIZATION.— 

21 The term ‘‘communications use authorization’’ 

22 means a right-of-way, permit, or lease granted, 

23 issued, or executed by a Federal land management 

24 agency for the primary purpose of authorizing the 

25 occupancy and use of Federal lands for communica26 tions use. 


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1 (4) FEDERAL LAND MANAGEMENT AGENCY.— 

2 The term ‘‘Federal land management agency’’ 

3 means the National Park Service, the United States 

4 Fish and Wildlife Service, the Bureau of Land Man5 agement, and the Bureau of Reclamation. 

6 (5) FEDERAL LANDS.—The term ‘‘Federal 

7 lands’’ means lands under the jurisdiction and man8 agement of a Federal land management agency. 

9 (6) RENTAL FEE.—The term ‘‘rental fee’’ 

10 means the fee collected by a Federal land manage11 ment agency for the occupancy and use authorized 

12 by a communications use authorization pursuant to 

13 and consistent with authorizing law. 

14 SEC. 3. COLLECTION AND RETENTION OF RENTAL FEES AS15 SOCIATED WITH COMMUNICATIONS USE AU16 THORIZATIONS ON FEDERAL LANDS AND 

17 FEDERAL LAND MANAGEMENT AGENCY SUP18 PORT FOR COMMUNICATION SITE PRO19 GRAMS. 

20 (a) SPECIAL ACCOUNT REQUIRED.—The Secretary of 

21 the Treasury shall establish a special account in the 

22 Treasury for each Federal land management agency for 

23 the deposit of rental fees received by the Federal land 

24 management agency for communications use authorizaVerDate Sep 11 2014 00:49 May 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2611.IH H2611

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1 tions on Federal lands granted, issued, or executed by the 

2 Federal land management agency. 

3 (b) COMPETITIVELY NEUTRAL.—Notwithstanding 

4 any other provision of law, any rental fees collected pursu5 ant to this Act shall be competitively neutral, technology 

6 neutral, and nondiscriminatory with respect to other uses 

7 of the communication site. 

8 (c) RENTAL FEES.— 

9 (1) LIMITATION ON AMOUNT OF RENTAL

10 FEES.—Rental fees shall not exceed the fee sched11 ules published by the Secretary of the Interior for 

12 communication use rights-of-way. 

13 (2) REVISION OF RENTAL FEE SCHEDULES FOR

14 COMMUNICATION SITES RIGHTS OF WAY.—Not later 

15 than 1 year after the date of the enactment of this 

16 Act, through a public process that includes consider17 ation of industry comments, the Secretary of the In18 terior shall revise the communication sites rights-of19 way rental fee schedule to reflect current commu20 nication technologies, including the physical foot21 print of such technologies. 

22 (d) DEPOSIT AND RETENTION OF RENTAL FEES.— 

23 Rental fees received by a Federal land management agen24 cy shall— 


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1 (1) be deposited in the special account estab2 lished for that Federal land management agency; 

3 and 

4 (2) remain available for expenditure under sub5 section (e), to the extent and in such amounts as are 

6 provided in advance in appropriation Acts. 

7 (e) EXPENDITURE OF RETAINED FEES.—Amounts 

8 deposited in the special account for a Federal land man9 agement agency shall be used solely for Federal land man10 agement agency activities related to communications sites, 

11 including the following: 

12 (1) Administering communications use author13 izations, including cooperative agreements under sec14 tion 4. 

15 (2) Preparing needs assessments or other pro16 grammatic analyses necessary to establish commu17 nications sites and authorize communications uses 

18 on or adjacent to Federal lands. 

19 (3) Developing management plans for commu20 nications sites on or adjacent to Federal lands on a 

21 competitively neutral, technology neutral, non22 discriminatory basis. 

23 (4) Training for management of communica24 tions sites on or adjacent to Federal lands. 


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1 (5) Obtaining, improving access to, or estab2 lishing communications sites on or adjacent to Fed3 eral lands. 

4 (f) NO EFFECT ON OTHER FEE RETENTION AU5 THORITIES.—This Act shall not limit or otherwise affect 

6 fee retention by a Federal land management agency under 

7 any other authority. 

8 SEC. 4. COOPERATIVE AGREEMENT AUTHORITY. 

9 The Secretary of the Interior may enter into coopera10 tive agreements to carry out the activities described in sec11 tion 3(e). 

12 SEC. 5. CLARIFICATION OF COOPERATIVE AGREEMENT AU13 THORITY OF THE SECRETARY OF AGRI14 CULTURE. 

15 Section 8705(f) of the Agriculture Improvement Act 

16 of 2018 (Public Law 115–334) is amended by adding at 

17 the end the following: 

18 ‘‘(6) COOPERATIVE AGREEMENT AUTHORITY.— 

19 The Secretary may enter into cooperative agree20 ments to carry out the activities described in sub21 paragraphs (A) through (D) of paragraph (4).’’. 

Æ 


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