Broadband Permitting Modernization Act

To streamline the broadband permitting process for broadband services, and for other purposes. 1. Short title This Act may be cited as the Broadband Permitting Modernization Act 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Enhancing Administrative Reviews for Broadband Deployment Act. Sec. 4. DIGITAL Applications Act. Sec. 5. Facilitating DIGITAL Applications Act. Sec. 6. Rural Broadband Permitting Efficiency Act of 2021. 3. Enhancing Administrative Reviews for Broadband Deployment Act (a) Short title This section may be cited as the Enhancing Administrative Reviews for Broadband Deployment Act (b) Enabling administrative review (1) Definitions In this section: (A) Appropriate committees of Congress The term appropriate committees of Congress (i) the Committee on Energy and Commerce of the House of Representatives; (ii) the Committee on Natural Resources of the House of Representatives; (iii) the Committee on Commerce, Science, and Transportation of the Senate; and (iv) the Committee on Environment and Public Works of the Senate. (B) Communications facility The term communications facility (i) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switch, wiring, cabling, power source, shelter, or cabinet, associated with the licensed or permitted unlicensed wireless or wireline transmission of any writing, sign, signal, data, image, picture, or sound of any kind; and (ii) any antenna or apparatus that— (I) is designed for the purpose of emitting radio frequency; (II) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Commission or is using a duly authorized device that does not require an individual license; and (III) is added to a tower, building, or other structure. (C) Communications site The term communications site (D) Communications use The term communications use (E) Communications use authorization The term communications use authorization (F) Covered land The term covered land (i) public land administered by the Secretary of the Interior; and (ii) National Forest System land. (G) Department concerned The term Department concerned (H) Organizational unit The term organizational unit (i) with respect to public land administered by the Secretary of the Interior— (I) a State office; (II) a district office; or (III) a field office; and (ii) within the Forest Service— (I) a regional office; (II) the headquarters; (III) a management unit; or (IV) a ranger district office. (I) Secretary concerned The term Secretary concerned (i) the Secretary of the Interior, with respect to public land; and (ii) the Secretary of Agriculture, with respect to National Forest System land. (2) Study required Not later than 1 year after the date of enactment of this Act, the Secretary concerned shall submit to the appropriate committees of Congress a report that— (A) provides an assessment on programmatic or administrative barriers to reviewing communications use authorizations by the Department concerned or organizational units of the Department concerned; (B) provides an assessment whether there are rules or regulations of the Department concerned that could be revised to improve the efficiency of reviewing a communications use authorization; (C) describes the process for prioritizing the review of a communications use authorization; and (D) provides a plan to ensure adequate staffing throughout organizational units of the Department concerned to review communications use authorizations in a timely manner. 4. DIGITAL Applications Act (a) Short title This section may be cited as the Deploying Infrastructure with Greater Internet Transactions And Legacy Applications Act DIGITAL Applications Act (b) Establishment of an online portal for Form 299 (1) Definitions In this section: (A) Appropriate committees of congress The term appropriate committees of Congress (i) the Committee on Energy and Commerce of the House of Representatives; (ii) the Committee on Natural Resources of the House of Representatives; (iii) the Committee on Commerce, Science, and Transportation of the Senate; and (iv) the Committee on Environment and Public Works of the Senate. (B) Assistant secretary The term Assistant Secretary (C) Department concerned The term Department concerned (D) Form 299 The term Form 299 47 U.S.C. 1455(b)(2)(A) (E) Secretary concerned The term Secretary concerned (i) the Secretary of the Interior, with respect to land administered by such Secretary; and (ii) the Secretary of Agriculture, with respect to National Forest System land. (2) Establishment of online portal (A) Establishment Not later than 1 year after the date of enactment of this Act, the Secretary concerned shall establish an online portal for the acceptance, processing, and disposal of a Form 299. (B) Notification Not later than 3 business days after the date on which the online portal has been established pursuant to subparagraph (A), the Secretary concerned shall notify the Assistant Secretary of such establishment. (3) Availability of online portal The Assistant Secretary shall publish on the website of the National Telecommunications and Information Administration a link to each online portal established pursuant to paragraph (1)(A). 5. Facilitating DIGITAL Applications Act (a) Short title This section may be cited as the Facilitating the Deployment of Infrastructure with Greater Internet Transactions And Legacy Applications Act Facilitating DIGITAL Applications Act (b) Barriers to implementation of an online portal for Form 299 (1) Definitions In this section: (A) Appropriate committees of congress The term appropriate committees of Congress (i) the Committee on Energy and Commerce of the House of Representatives; (ii) the Committee on Natural Resources of the House of Representatives; (iii) the Committee on Commerce, Science, and Transportation of the Senate; and (iv) the Committee on Environment and Public Works of the Senate. (B) Assistant secretary The term Assistant Secretary (C) Communications facility The term communications facility (i) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switch, wiring, cabling, power source, shelter, or cabinet, associated with the licensed or permitted unlicensed wireless or wireline transmission of any writing, sign, signal, data, image, picture, and sound of any kind; and (ii) any antenna or apparatus that— (I) is designed for the purpose of emitting radio frequency; (II) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Commission or is using a duly authorized device that does not require an individual license; and (III) is added to a tower, building, or other structure. (D) Communications use The term communications use (E) Communications use authorization The term communications use authorization (F) Covered land The term covered land (i) public land administered by the Secretary of the Interior; and (ii) National Forest System land. (G) Department concerned The term Department concerned (H) Form 299 The term Form 299 47 U.S.C. 1455(b)(2)(A) (I) Secretary concerned The term Secretary concerned (i) the Secretary of the Interior, with respect to land administered by such Secretary; and (ii) the Secretary of Agriculture, with respect to National Forest System land. (2) Barriers to implementation (A) In general Not later than 90 days after the date of enactment of this section, and every 60 days thereafter until the notification described in subparagraph (B), the Assistant Secretary shall submit to the appropriate committees in Congress a report that— (i) describes whether the Department concerned has established an online portal for the acceptance, processing, and disposal of a Form 299; and (ii) describes any barrier to the establishment of an online portal for the acceptance, processing, and disposal of a Form 299. (B) Notification described The Secretary concerned shall notify the Assistant Secretary not later than 3 business days after the Department concerned has established an online portal for the acceptance, processing, and disposal of a Form 299. 6. Rural Broadband Permitting Efficiency Act of 2021 (a) Short title This section may be cited as the Rural Broadband Permitting Efficiency Act of 2021 (b) Definitions In this section: (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). (c) State or Tribal permitting authority (1) 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 et seq. (2) Assumption of responsibilities (A) In general In entering into a memorandum of understanding under this subsection, 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 et seq. (B) State or Indian Tribe responsibility (i) In general A State or Indian Tribe that assumes any responsibility under subparagraph (A) shall be subject to the same procedural and substantive requirements as would apply if the responsibility were carried out by the Secretary concerned. (ii) Effect of assumption of responsibility A State or Indian Tribe that assumes any responsibility, including financial responsibility, under subparagraph (A) shall be solely responsible and solely liable for carrying out, in lieu of the Secretary concerned, the responsibilities assumed under that subparagraph until the date on which the program is terminated under paragraph (7). (iii) Environmental review A State or Indian Tribe that assumes any responsibility under subparagraph (A) 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. (C) Federal responsibility Any responsibility of the Secretary concerned described in subparagraph (A) that is not explicitly assumed by the State or Indian Tribe in the memorandum of understanding shall remain the responsibility of the Secretary concerned. (3) Offer and notification A State or Indian Tribe that intends to offer to enter into a memorandum of understanding under this subsection 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. (4) 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. (5) Memorandum of understanding A memorandum of understanding entered into under this subsection shall— (A) 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; (B) be for a term not to exceed 10 years; (C) be in such form as the Secretary concerned may prescribe; (D) provide that the State or Indian Tribe— (i) agrees to assume all or part of the responsibilities of the Secretary concerned described in paragraph (2)(A); (ii) 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; (iii) 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; (iv) agrees to maintain the financial resources necessary to carry out the responsibilities being assumed; (v) 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; (vi) 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 et seq. (vii) agrees to send a copy of all authorizing documents to the United States for proper notation and recordkeeping; (E) prioritize and expedite any analyses under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (F) not be granted to a State on Indian Lands without the consent of the relevant Indian Tribe; and (G) not be granted to an Indian Tribe on State lands without the consent of the relevant State. (6) Limitation Nothing in this subsection permits a State or Indian Tribe to assume— (A) any rulemaking authority of the Secretary concerned under any Federal law; and (B) Federal Government responsibilities for government-to-government consultation with Indian Tribes. (7) Termination (A) Termination by the Secretary The Secretary concerned may terminate the participation of any State or Indian Tribe in the program established under this subsection if— (i) 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; (ii) 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 (iii) the State or Indian Tribe, after the notification and period provided under clause (ii), fails to take satisfactory corrective action, as determined by the Secretary concerned. (B) 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 subsection 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. (C) 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 subsection 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. (d) Federal broadband permit coordination (1) Establishment The Secretary concerned shall establish a broadband permit streamlining team comprised of qualified staff under paragraph (2)(D) in each State or regional office that has been delegated responsibility for issuing permits for broadband projects. (2) Memorandum of understanding (A) 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 subsection with— (i) the Secretary of Agriculture or of the Interior, as appropriate; (ii) the Director of the Bureau of Indian Affairs; and (iii) the Director of the United States Fish and Wildlife Service. (B) Purpose The purpose of the memorandum of understanding under subparagraph (A) is to coordinate and expedite permitting decisions for broadband projects. (C) 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 subparagraph (A). (D) Designation of qualified staff (i) In general Not later than 30 days after the date of entrance into the memorandum of understanding under subparagraph (A), 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 et seq. 43 U.S.C. 1701 et seq. (II) the preparation of analyses under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (III) consultation and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 (ii) Duties Each employee designated under clause (i) 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 subsection (c)(2)(A) relating to any issue described in subclause (A).

Summary: Broadband Permitting Modernization Act This bill modifies, and requires reports about, permitting requirements for broadband activities on federal lands. Specifically, the Department of the Interior and the Department of Agriculture (USDA) must report on communication use authorizations (i.e., authorizations to modify or locate communications facilities on public land administered by Interior or National Forest System land). Among other topics, the report must assess barriers to reviewing the authorizations and describe the process for prioritizing reviews. Interior and USDA must also each establish an online portal to manage the Form 299 (used to apply for rights to install, modify, or maintain a communications facility on federal real property) approval process. The National Telecommunications and Information Administration must (1) report to Congress every 60 days on the status of the portals until they are established, and (2) publish links to each established portal on its website. The bill also authorizes the delegation of federal environmental compliance for certain broadband projects to states and Indian tribes. Interior and USDA must establish a voluntary program whereby states or Indian tribes may conduct (subject to specified terms) environmental reviews for broadband projects within an operational right-of-way (i.e., all real property interests acquired for the construction or operation of a project) on land managed by Interior, National Forest System land, or Indian land. USDA and Interior shall also establish broadband permit streamlining teams to coordinate and expedite permitting decisions for broadband projects.