I 

116TH CONGRESS 

1ST SESSION H. R. 292 

To allow certain State and Tribal permitting authority to encourage expansion 

of broadband service to rural and Tribal communities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2019 

Mr. CURTIS 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 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Rural Broadband Per5 mitting Efficiency Act of 2019’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) BROADBAND PROJECT.—The term ‘‘broad2 band project’’ means an installation by a broadband 

3 provider of wireless or broadband infrastructure, in4 cluding but not limited to, copper lines, fiber optic 

5 lines, communications towers, buildings, or other im6 provements on Federal land. 

7 (2) BROADBAND PROVIDER.—The term ‘‘broad8 band provider’’ means a provider of wireless or 

9 broadband infrastructure that enables a user to 

10 originate and receive high-quality voice, data, graph11 ics, and video telecommunications. 

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

13 means— 

14 (A) any land owned by an Indian Tribe, lo15 cated within the boundaries of an Indian res16 ervation, pueblo, or rancheria; or 

17 (B) any land located within the boundaries 

18 of an Indian reservation, pueblo, or rancheria, 

19 the title to which is held— 

20 (i) in trust by the United States for 

21 the benefit of an Indian Tribe or an indi22 vidual Indian; 

23 (ii) by an Indian Tribe or an indi24 vidual Indian, subject to restriction against 


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1 alienation under laws of the United States; 

2 or 

3 (iii) by a dependent Indian commu4 nity. 

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

6 means a federally recognized Indian Tribe. 

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

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

9 interests (including easements) acquired for the con10 struction or operation of a project, including the lo11 cations of the roadway, bridges, interchanges, cul12 verts, drainage, clear zone, traffic control signage, 

13 landscaping, copper and fiber optic lines, utility shel14 ters, and broadband infrastructure as installed by 

15 broadband providers, and any rest areas with direct 

16 access to a controlled access highway or the National 

17 Highway System. 

18 (6) SECRETARY CONCERNED.—The term ‘‘Sec19 retary concerned’’ means— 

20 (A) the Secretary of Agriculture (acting 

21 through the Chief of the Forest Service), with 

22 respect to National Forest System land; and 

23 (B) the Secretary of the Interior, with re24 spect to land managed by the Department of 


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1 the Interior (including land held in trust for an 

2 Indian Tribe). 

3 SEC. 3. STATE OR TRIBAL PERMITTING AUTHORITY. 

4 (a) IN GENERAL.—The Secretary concerned shall es5 tablish (or in the case where both Department of the Inte6 rior and National Forest System land would be affected, 

7 shall jointly establish) a voluntary program under which 

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

9 concerned may agree, to enter into a memorandum of un10 derstanding to allow for the State or Indian Tribe to pre11 pare environmental analyses required under the National 

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

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

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

15 land managed by the Department of the Interior, and In16 dian Lands. Under such a memorandum of understanding, 

17 an Indian Tribe or State may volunteer to cooperate with 

18 the signatories to the memorandum in the preparation of 

19 the analyses required under the National Environmental 

20 Policy Act of 1969. 

21 (b) ASSUMPTION OF RESPONSIBILITIES.— 

22 (1) IN GENERAL.—In entering into a memo23 randum of understanding under this section, the 

24 Secretary concerned may assign to the State or In25 dian Tribe, and the State or Indian Tribe may agree 


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

2 Secretary concerned for environmental analyses 

3 under the National Environmental Policy Act of 

4 1969 (42 U.S.C. 4321 et seq.). 

5 (2) STATE OR INDIAN TRIBE RESPONSI6 BILITY.— 

7 (A) IN GENERAL.—A State or Indian 

8 Tribe that assumes any responsibility under 

9 paragraph (1) shall be subject to the same pro10 cedural and substantive requirements as would 

11 apply if the responsibility were carried out by 

12 the Secretary concerned. 

13 (B) EFFECT OF ASSUMPTION OF RESPON14 SIBILITY.—A State or Indian Tribe that as15 sumes any responsibility, including financial re16 sponsibility, under paragraph (1) shall be solely 

17 responsible and solely liable for carrying out, in 

18 lieu of the Secretary concerned, the responsibil19 ities assumed under that paragraph until the 

20 date on which the program is terminated under 

21 subsection (g). 

22 (C) ENVIRONMENTAL REVIEW.—A State 

23 or Indian Tribe that assumes any responsibility 

24 under paragraph (1) shall comply with the envi25 ronmental review procedures under parts 1500– 


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1 1508 of title 40, Code of Federal Regulations 

2 (or successor regulations), and the regulations 

3 of the Secretary concerned. 

4 (3) FEDERAL RESPONSIBILITY.—Any responsi5 bility of the Secretary concerned described in para6 graph (1) that is not explicitly assumed by the State 

7 or Indian Tribe in the memorandum of under8 standing shall remain the responsibility of the Sec9 retary concerned. 

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

11 Tribe that intends to offer to enter into a memorandum 

12 of understanding under this section shall provide to the 

13 Secretary concerned notice of the intent of the State or 

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

15 which the State or Indian Tribe submits a formal written 

16 offer to the Secretary concerned. 

17 (d) TRIBAL CONSULTATION.—Within 90 days of en18 tering into any memorandum of understanding with a 

19 State, the Secretary concerned shall initiate consultation 

20 with relevant Indian Tribes. 

21 (e) MEMORANDUM OF UNDERSTANDING.—A memo22 randum of understanding entered into under this section 

23 shall— 

24 (1) be executed by the Governor or the Gov25 ernor’s designee, or in the case of an Indian Tribe, 


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1 by an officer designated by the governing body of 

2 the Indian Tribe; 

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

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

5 may prescribe; 

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

7 (A) agrees to assume all or part of the re8 sponsibilities of the Secretary concerned de9 scribed in subsection (b)(1); 

10 (B) expressly consents, including through 

11 the adoption of express waivers of sovereign im12 munity, on behalf of the State or Indian Tribe, 

13 to accept the jurisdiction of the Federal courts 

14 for the compliance, discharge, and enforcement 

15 of any responsibility of the Secretary concerned 

16 assumed by the State or Indian Tribe; 

17 (C) certify that State laws and regulations, 

18 with respect to States, or Tribal laws and regu19 lations, with respect to Indian Tribes, are in ef20 fect that— 

21 (i) authorize the State or Indian Tribe 

22 to take the actions necessary to carry out 

23 the responsibilities being assumed; and 

24 (ii) are comparable to section 552 of 

25 title 5, United States Code, including proVerDate Sep 11 2014 19:29 Jan 22, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H292.IH H292

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1 viding that any decision regarding the pub2 lic availability of a document under the 

3 State laws is reviewable by a court of com4 petent jurisdiction; 

5 (D) agrees to maintain the financial re6 sources necessary to carry out the responsibil7 ities being assumed; 

8 (E) agrees to provide to the Secretary con9 cerned any information the Secretary concerned 

10 considers necessary to ensure that the State or 

11 Indian Tribe is adequately carrying out the re12 sponsibilities assigned to and assumed by the 

13 State or Indian Tribe; 

14 (F) agrees to return revenues generated 

15 from the use of public lands authorized under 

16 this section to the United States annually, in 

17 accordance with the Federal Land Policy Man18 agement Act of 1976 (43 U.S.C. 1701 et seq.); 

19 and 

20 (G) agrees to send a copy of all author21 izing documents to the United States for proper 

22 notation and recordkeeping; 

23 (5) prioritize and expedite any analyses under 

24 the National Environmental Policy Act of 1969 (42 


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1 U.S.C. 4321 et seq.) under the memorandum of un2 derstanding; 

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

4 without the consent of the relevant Indian Tribe; 

5 and 

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

7 lands without the consent of the relevant State. 

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

9 State or Indian Tribe to assume— 

10 (1) any rulemaking authority of the Secretary 

11 concerned under any Federal law; and 

12 (2) Federal Government responsibilities for gov13 ernment-to-government consultation with Indian 

14 Tribes. 

15 (g) TERMINATION.— 

16 (1) TERMINATION BY THE SECRETARY.—The 

17 Secretary concerned may terminate the participation 

18 of any State or Indian Tribe in the program estab19 lished under this section if— 

20 (A) the Secretary concerned determines 

21 that the State or Indian Tribe is not adequately 

22 carrying out the responsibilities assigned to and 

23 assumed by the State or Indian Tribe; 

24 (B) the Secretary concerned provides to 

25 the State or Indian Tribe— 


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1 (i) notification of the determination of 

2 noncompliance; and 

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

4 which to take such corrective action as the 

5 Secretary concerned determines is nec6 essary to comply with the applicable agree7 ment; and 

8 (C) the State or Indian Tribe, after the no9 tification and period provided under subpara10 graph (B), fails to take satisfactory corrective 

11 action, as determined by the Secretary con12 cerned. 

13 (2) TERMINATION BY THE STATE OR INDIAN

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

15 participation of the State or Indian Tribe in the pro16 gram established under this section at any time by 

17 providing to the Secretary concerned a notice of in18 tent to terminate by not later than the date that is 

19 90 days before the date of termination. 

20 (3) TERMINATION OF MEMORANDUM OF UN21 DERSTANDING WITH STATE OR INDIAN TRIBE.—A 

22 State or an Indian Tribe may terminate a joint 

23 memorandum of understanding under this section at 

24 any time by providing to the Secretary concerned a 


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1 notice of intent to terminate by no later than the 

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

3 SEC. 4. FEDERAL BROADBAND PERMIT COORDINATION. 

4 (a) ESTABLISHMENT.—The Secretary concerned 

5 shall establish a broadband permit streamlining team com6 prised of qualified staff under subsection (b)(4) in each 

7 State or regional office that has been delegated responsi8 bility for issuing permits for broadband projects. 

9 (b) MEMORANDUM OF UNDERSTANDING.— 

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

11 the date of enactment of this Act, the Secretary con12 cerned, in consultation with the National Conference 

13 of State Historic Preservation Officers and the Na14 tional Tribal Historic Preservation Officers Associa15 tion, shall enter into a memorandum of under16 standing to carry out this section with— 

17 (A) the Secretary of Agriculture or of the 

18 Interior, as appropriate; 

19 (B) the Director of the Bureau of Indian 

20 Affairs; and 

21 (C) the Director of the United States Fish 

22 and Wildlife Service. 

23 (2) PURPOSE.—The purpose of the memo24 randum of understanding under paragraph (1) is to 


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1 coordinate and expedite permitting decisions for 

2 broadband projects. 

3 (3) STATE OR TRIBAL PARTICIPATION.—The 

4 Secretary concerned may request that the Governor 

5 of any State or the officer designated by the gov6 erning body of the Indian Tribe with one or more 

7 broadband projects be a party to the memorandum 

8 of understanding under paragraph (1). 

9 (4) DESIGNATION OF QUALIFIED STAFF.— 

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

11 after the date of entrance into the memo12 randum of understanding under paragraph (1), 

13 the head of each Federal agency that is a party 

14 to the memorandum of understanding (other 

15 than the Secretary concerned) may, if the head 

16 of the Federal agency determines it to be ap17 propriate, designate to each State or regional 

18 office an employee of that Federal agency with 

19 expertise in regulatory issues relating to that 

20 Federal agency, including, as applicable, par21 ticular expertise in— 

22 (i) planning under the Forest and 

23 Rangeland Renewable Resources Planning 

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

25 planning under the Federal Land Policy 


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

2 et seq.); 

3 (ii) the preparation of analyses under 

4 the National Environmental Policy Act of 

5 1969 (42 U.S.C. 4321 et seq.); or 

6 (iii) consultation and the preparation 

7 of biological opinions under section 7 of 

8 the Endangered Species Act of 1973 (16 

9 U.S.C. 1536). 

10 (B) DUTIES.—Each employee designated 

11 under subparagraph (A) shall— 

12 (i) be responsible for any issue relat13 ing to any broadband project within the ju14 risdiction of the State or regional office 

15 under the authority of the Federal agency 

16 from which the employee is assigned; 

17 (ii) participate as part of the team of 

18 personnel working on one or more pro19 posed broadband projects, including plan20 ning and environmental analyses; and 

21 (iii) serve as the designated point of 

22 contact with any applicable State or Indian 

23 Tribe that assumes any responsibility 


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

2 described in clause (i). 

Æ 


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