I 
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 ef-
ficiency, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Rural Broadband Per-
mitting Efficiency Act of 2023’’. 
SEC. 2. STATE AND TRIBAL PERMITTING AUTHORITY. 
(a) IN GENERAL.—The Secretary concerned shall es-
tablish (or, in a circumstance that would affect both Secre-
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taries concerned, the Secretaries concerned shall jointly 
establish) a voluntary program under which a State or In-
dian 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 environ-
mental analyses required under the National Environ-
mental 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 De-
partment 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 memo-
randum 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 Sec-
retary concerned for environmental analyses required 
under the National Environmental Policy Act of 
1969. 
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(2) STATE
OR
INDIAN
TRIBE
RESPONSI-
BILITY.— 
(A) IN
GENERAL.—A State or Indian 
Tribe that assumes a responsibility under para-
graph (1) shall be subject to the same proce-
dural and substantive requirements as would 
apply if the responsibility were carried out by 
the Secretary concerned. 
(B) EFFECT OF ASSUMPTION OF RESPON-
SIBILITY.—A State or Indian Tribe that as-
sumes a responsibility, including a financial re-
sponsibility, under paragraph (1) shall be solely 
responsible and solely liable for carrying out, in 
lieu of the Secretary concerned, the responsi-
bility 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 envi-
ronmental review procedures under parts 1500– 
1508 of title 40, Code of Federal Regulations 
(or successor regulations), and the regulations 
of the Secretary concerned. 
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(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 re-
sponsibilities of the Secretary concerned de-
scribed in subsection (b)(1); 
(B) expressly consents, including through 
the adoption of express waivers of sovereign im-
munity, 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 Sec-
retary concerned assumed by the State or In-
dian Tribe; 
(C) certifies that State laws and regula-
tions, 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 avail-
ability of a document under State or Tribal 
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laws is reviewable by a court of competent 
jurisdiction; 
(D) agrees to maintain the financial re-
sources necessary to carry out the responsibil-
ities being assumed; 
(E) agrees to provide to the Secretary con-
cerned any information the Secretary concerned 
considers necessary to ensure that the State or 
Indian Tribe is adequately carrying out the re-
sponsibilities 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 author-
izing 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; 
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(6) not be entered into with a State with re-
spect to Indian Lands without the consent of the rel-
evant 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 con-
cerned under Federal law; or 
(2) Federal Government responsibilities for gov-
ernment-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 estab-
lished 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— 
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(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 cor-
rective action as the Secretary concerned 
determines necessary to adequately carry 
out the responsibilities assigned and as-
sumed; and 
(C) the State or Indian Tribe, after the no-
tification and period provided under subpara-
graph (B), fails to take satisfactory corrective 
action, as determined by the Secretary con-
cerned. 
(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 pro-
gram established under this section at any time by 
providing to the Secretary concerned a notice of in-
tent to terminate at least 90 days before the date of 
termination. 
(3) TERMINATION
OF
MEMORANDUM
OF
UN-
DERSTANDING WITH STATE OR INDIAN TRIBE.—A 
State or Indian Tribe may terminate a joint memo-
randum of understanding under this section at any 
time by providing to the Secretary concerned a no-
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tice 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 tow-
ers, 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 au-
thorizations, certifications, opinions, or other 
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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 In-
dian 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 restric-
tion 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 Range-
land Renewable Resources Planning Act of 1974 (16 
U.S.C. 1609(a)). 
(7) 
RIGHT-OF-WAY.—The 
term 
‘‘right-of- 
way’’— 
(A) means— 
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