Rural Broadband Permitting Efficiency Act of 2023

Subjects: Science, Technology, Communications, Environmental assessment, monitoring, research, Indian lands and resources rights, Indian social and development programs, Internet, web applications, social media, Licensing and registrations, Rural conditions and development, State and local government operations, Telephone and wireless communication


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3307 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3307

 To facilitate the expansion of broadband service to rural and Tribal 
   communities through improved permitting efficiency, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2023

  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 facilitate the expansion of broadband service to rural and Tribal 
   communities through improved permitting efficiency, 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 ``Rural Broadband Permitting 
Efficiency Act of 2023''.

SEC. 2. STATE AND TRIBAL PERMITTING AUTHORITY.

    (a) In General.--The Secretary concerned shall establish (or, in a 
circumstance that would affect both Secretaries concerned, the 
Secretaries concerned shall jointly establish) a voluntary program 
under which a State or Indian Tribe may offer, and the Secretary 
concerned may agree, to enter into a memorandum of understanding to 
allow for the State or Indian Tribe to prepare environmental analyses 
required under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) with respect to the issuance of a Federal authorization 
for a broadband project to be carried out within a right-of-way on 
National Forest System land, land managed by the Department of the 
Interior, or Indian Lands. Under such a memorandum of understanding, a 
State or Indian Tribe may volunteer to cooperate with the signatories 
to the memorandum in the preparation of the analyses required under the 
National Environmental Policy Act of 1969.
    (b) Assumption of Responsibilities.--
            (1) In general.--In entering into a memorandum of 
        understanding under this section, the Secretary concerned may 
        assign to a State or Indian Tribe, and the State or Indian 
        Tribe may agree to assume, all or part of the responsibilities 
        of the Secretary concerned for environmental analyses required 
        under the National Environmental Policy Act of 1969.
            (2) State or indian tribe responsibility.--
                    (A) In general.--A State or Indian Tribe that 
                assumes a responsibility under paragraph (1) shall be 
                subject to the same procedural and substantive 
                requirements as would apply if the responsibility were 
                carried out by the Secretary concerned.
                    (B) Effect of assumption of responsibility.--A 
                State or Indian Tribe that assumes a responsibility, 
                including a financial responsibility, under paragraph 
                (1) shall be solely responsible and solely liable for 
                carrying out, in lieu of the Secretary concerned, the 
                responsibility assumed under that paragraph until the 
                date on which a relevant termination is carried out 
                under subsection (g).
                    (C) Environmental review.--A State or Indian Tribe 
                that assumes a responsibility under paragraph (1) shall 
                comply with the environmental review procedures under 
                parts 1500-1508 of title 40, Code of Federal 
                Regulations (or successor regulations), and the 
                regulations of the Secretary concerned.
            (3) Federal responsibility.--Any responsibility of the 
        Secretary concerned described in paragraph (1) that is not 
        explicitly assumed by a State or Indian Tribe under that 
        paragraph shall remain the responsibility of the Secretary 
        concerned.
    (c) Offer and Notification.--A State or Indian Tribe that intends 
to offer to enter into a memorandum of understanding under this section 
shall provide to the Secretary concerned notice of the intent of the 
State or Indian Tribe at least 90 days before the date on which the 
State or Indian Tribe submits a formal written offer to the Secretary 
concerned.
    (d) Tribal Consultation.--Not later than 90 days after the date on 
which the Secretary concerned enters into a memorandum of understanding 
under this section with a State, the Secretary concerned shall initiate 
consultation with relevant Indian Tribes.
    (e) Memorandum of Understanding.--A memorandum of understanding 
entered into under this section shall--
            (1) be executed by the Governor or the Governor's designee, 
        in the case of a State, or by the officer designated by the 
        governing body of an Indian Tribe, in the case of an Indian 
        Tribe;
            (2) be for a term not to exceed 10 years;
            (3) be in such form as the Secretary concerned may 
        prescribe;
            (4) provide that the State or Indian Tribe--
                    (A) agrees to assume all or part of the 
                responsibilities of the Secretary concerned described 
                in subsection (b)(1);
                    (B) expressly consents, including through the 
                adoption of express waivers of sovereign immunity, on 
                behalf of the State or Indian Tribe, to accept the 
                jurisdiction of the Federal courts with respect to the 
                compliance, discharge, and enforcement of any 
                responsibility of the Secretary concerned assumed by 
                the State or Indian Tribe;
                    (C) certifies that State laws and regulations, with 
                respect to States, or Tribal laws and regulations, with 
                respect to Indian Tribes, are in effect that--
                            (i) authorize the State or Indian Tribe to 
                        take the actions necessary to carry out the 
                        responsibilities being assumed; and
                            (ii) are comparable to section 552 of title 
                        5, United States Code, including that any 
                        decision regarding the public availability of a 
                        document under State or Tribal laws is 
                        reviewable by a court of competent 
                        jurisdiction;
                    (D) agrees to maintain the financial resources 
                necessary to carry out the responsibilities being 
                assumed;
                    (E) agrees to provide to the Secretary concerned 
                any information the Secretary concerned considers 
                necessary to ensure that the State or Indian Tribe is 
                adequately carrying out the responsibilities being 
                assumed;
                    (F) agrees to return revenues generated from the 
                use of public lands authorized under this section to 
                the United States annually, in accordance with the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1701 et seq.); and
                    (G) agrees to send a copy of all authorizing 
                documents to the United States for proper notation and 
                recordkeeping;
            (5) prioritize and expedite analyses required under the 
        National Environmental Policy Act of 1969 that are assumed 
        under the memorandum of understanding;
            (6) not be entered into with a State with respect to Indian 
        Lands without the consent of the relevant Indian Tribe; and
            (7) not be entered into with an Indian Tribe with respect 
        to State lands without the consent of the relevant State.
    (f) Limitation.--Nothing in this section allows a State or Indian 
Tribe to assume--
            (1) rulemaking authority of the Secretary concerned under 
        Federal law; or
            (2) Federal Government responsibilities for government-to-
        government consultation with Indian Tribes.
    (g) Termination.--
            (1) Termination by the secretary.--The Secretary concerned 
        may terminate the participation of a State or Indian Tribe in 
        the program established under this section if--
                    (A) the Secretary concerned determines that the 
                State or Indian Tribe is not adequately carrying out 
                the responsibilities assigned to and assumed by the 
                State or Indian Tribe under a relevant memorandum of 
                understanding;
                    (B) the Secretary concerned provides to the State 
                or Indian Tribe--
                            (i) notification of the determination made 
                        under subparagraph (A); and
                            (ii) a period of at least 30 days for the 
                        State or Indian Tribe to take such corrective 
                        action as the Secretary concerned determines 
                        necessary to adequately carry out the 
                        responsibilities assigned and assumed; and
                    (C) the State or Indian Tribe, after the 
                notification and period provided under subparagraph 
                (B), fails to take satisfactory corrective action, as 
                determined by the Secretary concerned.
            (2) Termination by the state or indian tribe.--A State or 
        Indian Tribe may terminate the participation of the State or 
        Indian Tribe in the program established under this section at 
        any time by providing to the Secretary concerned a notice of 
        intent to terminate at least 90 days before the date of 
        termination.
            (3) Termination of memorandum of understanding with state 
        or indian tribe.--A State or Indian Tribe may terminate a joint 
        memorandum of understanding under this section at any time by 
        providing to the Secretary concerned a notice of intent to 
        terminate at least 90 days before the date of termination.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Broadband project.--The term ``broadband project'' 
        means an installation, by a broadband provider on Federal land, 
        of wireline or wireless broadband infrastructure that enables a 
        user to originate and receive high-quality voice, data, 
        graphics, and video telecommunications, including copper lines, 
        fiber optic lines, communications towers, buildings, or other 
        improvements.
            (2) Broadband provider.--The term ``broadband provider'' 
        means a provider of wireline or wireless broadband 
        infrastructure that enables a user to originate and receive 
        high-quality voice, data, graphics, and video 
        telecommunications.
            (3) Federal authorization.--The term ``Federal 
        authorization''--
                    (A) means any authorization required under Federal 
                law with respect to a project; and
                    (B) includes any permits, special use 
                authorizations, certifications, opinions, or other 
                approvals as may be required under Federal law with 
                respect to a project.
            (4) Indian lands.--The term ``Indian Lands'' means land 
        located within the boundaries of an Indian reservation, pueblo, 
        or rancheria, the title to which is held--
                    (A) by an Indian Tribe;
                    (B) in trust by the United States for the benefit 
                of an Indian Tribe;
                    (C) by an Indian Tribe, subject to restriction 
                against alienation under laws of the United States; or
                    (D) by a dependent Indian community.
            (5) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 102 of the 
        Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
        5130).
            (6) National forest system.--The term ``National Forest 
        System'' has the meaning given that term in section 11(a) of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1609(a)).
            (7) Right-of-way.--The term ``right-of-way''--
                    (A) means--
                            (i) the area on, below, or above a roadway, 
                        highway, street, sidewalk, alley, or similar 
                        property (whether currently or previously used 
                        in such manner); and
                            (ii) any land immediately adjacent to and 
                        contiguous with property described in clause 
                        (i) that is within the right-of-way grant; and
                    (B) does not include a portion of the Interstate 
                System (as such term is defined in section 101(a) of 
                title 23, United States Code).
            (8) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture (acting through 
                the Chief of the Forest Service), with respect to 
                National Forest System land; and
                    (B) the Secretary of the Interior, with respect to 
                land managed by the Department of the Interior 
                (including land held in trust for an Indian Tribe).
            (9) State.--The term ``State'' means each State of the 
        United States, the District of Columbia, and each territory or 
        possession of the United States.
                                 &lt;all&gt;
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