Rural Broadband Permitting Efficiency Act of 2018

To allow certain State permitting authority to encourage expansion of broadband service to rural communities, and for other purposes. 1. Short title This Act may be cited as the Rural Broadband Permitting Efficiency Act of 2018 2. Definitions In this Act: (1) Broadband project The term broadband project (2) Broadband provider The term broadband provider (3) Indian lands The term Indian Lands (A) any land owned by an Indian Tribe, located within the boundaries of an Indian reservation, pueblo, or rancheria; or (B) any land located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— (i) in trust by the United States for the benefit of an Indian Tribe or an individual Indian; (ii) by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (iii) by a dependent Indian community. (4) Indian tribe The term Indian Tribe (5) Operational right-of-way The term operational right-of-way (6) Secretary concerned The term Secretary concerned (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). 3. State or Tribal permitting authority (a) In general The Secretary concerned shall establish (or in the case where both Department of the Interior and National Forest System land would be affected, shall jointly establish) a voluntary program under which any 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 (b) Assumption of responsibilities (1) In general In entering into a memorandum of understanding under this section, the Secretary concerned may assign to the 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 under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (2) State or Indian Tribe responsibility (A) In general A State or Indian Tribe that assumes any 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 any responsibility, including financial responsibility, under paragraph (1) shall be solely responsible and solely liable for carrying out, in lieu of the Secretary concerned, the responsibilities assumed under that paragraph until the date on which the program is terminated under subsection (g). (C) Environmental review A State or Indian Tribe that assumes any 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 the State or Indian Tribe in the memorandum of understanding 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 not later than 90 days before the date on which the State or Indian Tribe submits a formal written offer to the Secretary concerned. (d) Tribal consultation Within 90 days of entering into any memorandum of understanding 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, or in the case of an Indian Tribe, by an officer designated by the governing body of the 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 for the compliance, discharge, and enforcement of any responsibility of the Secretary concerned assumed by the State or Indian Tribe; (C) certify 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 providing that any decision regarding the public availability of a document under the State 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 assigned to and assumed by the State or Indian Tribe; (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 Management Act of 1976 ( 43 U.S.C. 1701 (G) agrees to send a copy of all authorizing documents to the United States for proper notation and recordkeeping; (5) prioritize and expedite any analyses under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (6) not be granted to a State on Indian Lands without the consent of the relevant Indian Tribe; and (7) not be granted to an Indian Tribe on State lands without the consent of the relevant State. (f) Limitation Nothing in this section permits a State or Indian Tribe to assume— (1) any rulemaking authority of the Secretary concerned under any Federal law; and (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 any 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; (B) the Secretary concerned provides to the State or Indian Tribe— (i) notification of the determination of noncompliance; and (ii) a period of at least 30 days during which to take such corrective action as the Secretary concerned determines is necessary to comply with the applicable agreement; 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 by not later than the date that is 90 days before the date of termination. (3) Termination of memorandum of understanding with State or Indian Tribe A State or an 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 by no later than the date that is 90 days before the date of termination. 4. Categorical exclusion for projects within operational rights-of-way (a) Categorical exclusion established Broadband projects carried out in an operational right-of-way are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (b) Availability of categorical exclusion On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section. 5. Federal broadband permit coordination (a) Establishment The Secretary concerned shall establish a broadband permit streamlining team comprised of qualified staff under subsection (b)(4) in each State or regional office that has been delegated responsibility for issuing permits for broadband projects. (b) Memorandum of understanding (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary concerned, in consultation with the National Conference of State Historic Preservation Officers and the National Tribal Historic Preservation Officers Association, shall enter into a memorandum of understanding to carry out this section with— (A) the Secretary of Agriculture or of the Interior, as appropriate; (B) the Director of the Bureau of Indian Affairs; and (C) the Director of the United States Fish and Wildlife Service. (2) Purpose The purpose of the memorandum of understanding under paragraph (1) is to coordinate and expedite permitting decisions for broadband projects. (3) State or Tribal participation The Secretary concerned may request that the Governor of any State or the officer designated by the governing body of the Indian Tribe with one or more broadband projects be a party to the memorandum of understanding under paragraph (1). (4) Designation of qualified staff (A) In general Not later than 30 days after the date of entrance into the memorandum of understanding under paragraph (1), the head of each Federal agency that is a party to the memorandum of understanding (other than the Secretary concerned) may, if the head of the Federal agency determines it to be appropriate, designate to each State or regional office an employee of that Federal agency with expertise in regulatory issues relating to that Federal agency, including, as applicable, particular expertise in— (i) planning under the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 43 U.S.C. 1701 (ii) the preparation of analyses under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (iii) consultation and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 (B) Duties Each employee designated under subparagraph (A) shall— (i) be responsible for any issue relating to any broadband project within the jurisdiction of the State or regional office under the authority of the Federal agency from which the employee is assigned; (ii) participate as part of the team of personnel working on one or more proposed broadband projects, including planning and environmental analyses; and (iii) serve as the designated point of contact with any applicable State or Indian Tribe that assumes any responsibility under section 3(b)(1) relating to any issue described in clause (i). Amend the title so as to read: 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. August 3, 2018 Reported from the Committee on Natural Resources August 3, 2018 Committee on Agriculture

Summary: Rural Broadband Permitting Efficiency Act of 2018 (Sec. 3) This bill requires the Department of Agriculture (USDA) and the Department of the Interior to establish a program to enter into memoranda of understanding with states and Indian tribes to allow for the permitting of broadband within an operational right-of-way to enable broadband providers to install infrastructure that allows users to originate and receive high-quality voice, data, graphics, and video telecommunications, with respect to National Forest System land, land managed by Interior, and Indian land. The "operational right-of-way" is defined as all real property interests (including easements) acquired for the construction or operation of a project. A state's governor, the governor's designee, or an officer designated by the governing body of the Indian tribe may enter into such a memorandum for a term not to exceed 10 years if the state or Indian tribe consents to: (1) federal court jurisdiction, (2) federal environmental review procedures, (3) judicial review of decisions regarding the public availability of documents, (4) maintenance of necessary financial resources, (5) the provision of any information that USDA or Interior needs to ensure that the state is carrying out its responsibilities, (6) the provision of revenues generated from the use of public lands to the United States, and (7) the provision of a copy of authorizing documents to the United States for proper notation and recordkeeping. (Sec. 4) USDA or Interior must establish a broadband permit streamlining team in each state or regional office with responsibility for issuing permits for broadband projects. Under the program, USDA or Interior shall coordinate and expedite permitting decisions for broadband projects through a memorandum of understanding with USDA or Interior, as appropriate, the Bureau of Indian Affairs, and the U.S. Fish and Wildlife Service.