graph (1) that is not explicitly assumed by the State 
in the memorandum of understanding shall remain 
the responsibility of the Secretary concerned. 
(c) OFFER AND NOTIFICATION.—A State that in-
tends to offer to enter into a memorandum of under-
standing under this section shall provide to the Secretary 
concerned notice of the intent of the State not later than 
90 days before the date on which the State submits a for-
mal written offer to the Secretary concerned. 
(d) MEMORANDUM OF UNDERSTANDING.—A memo-
randum of understanding entered into under this section 
shall— 
(1) be executed by the Governor or the top- 
ranking transportation official in the State who is 
charged with responsibility for highway construction; 
(2) be for a term not to exceed 10 years; 
(3) be in such form as the Secretary concerned 
may prescribe; and 
(4) provide that the State— 
(A) agrees to assume all or part of the re-
sponsibilities of the Secretary concerned de-
scribed in subsection (b)(1); 
(B) expressly consents, on behalf of the 
State, to accept the jurisdiction of the Federal 
courts for the compliance, discharge, and en-
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forcement of any responsibility of the Secretary 
concerned assumed by the State; 
(C) certifies that State laws (including reg-
ulations) are in effect that— 
(i) authorize the State to take the ac-
tions necessary to carry out the respon-
sibilities being assumed; and 
(ii) are comparable to section 552 of 
title 5, United States Code, including pro-
viding that any decision regarding the pub-
lic availability of a document under the 
State laws is reviewable by a court of com-
petent jurisdiction; 
(D) agrees to maintain the financial re-
sources necessary to carry out the responsibil-
ities being assumed; and 
(E) agrees to provide to the Secretary con-
cerned any information the Secretary concerned 
considers necessary to ensure that the State is 
adequately carrying out the responsibilities as-
signed to and assumed by the State. 
(e) LIMITATION.—Nothing in this section permits a 
State to assume any rulemaking authority of the Secretary 
concerned under any Federal law. 
(f) TERMINATION.— 
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(1) TERMINATION BY THE SECRETARY.—The 
Secretary concerned may terminate the participation 
of any State in the program established under this 
section if— 
(A) the Secretary concerned determines 
that the State is not adequately carrying out 
the responsibilities assigned to and assumed by 
the State; 
(B) the Secretary concerned provides to 
the State— 
(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 nec-
essary to comply with the applicable agree-
ment; and 
(C) the State, after the notification and 
period provided under subparagraph (B), fails 
to take satisfactory corrective action, as deter-
mined by the Secretary concerned. 
(2) TERMINATION
BY
THE
STATE.—A State 
may terminate the participation of the State in the 
program established under this section at any time 
by providing to the Secretary concerned a notice of 
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intent to terminate by not later than the date that 
is 90 days before the date of termination. 
SEC. 5. CATEGORICAL EXCLUSION FOR PROJECTS WITHIN 
OPERATIONAL RIGHTS-OF-WAY. 
The Secretary concerned shall— 
(1) not later than 180 days after the date of 
enactment of this Act, designate any project within 
an existing operational right-of-way as an action cat-
egorically excluded from the requirements relating to 
environmental assessments or environmental impact 
statements under section 1508.4 of title 40, Code of 
Federal Regulations, and section 771.117(c) of title 
23, Code of Federal Regulations (or successor regu-
lations); and 
(2) not later than 150 days after the date of 
enactment of this Act, promulgate regulations to 
carry out paragraph (1). 
SEC. 6. FEDERAL BROADBAND PERMIT COORDINATION. 
(a) DEFINITION OF SECRETARY.—In this section, the 
term ‘‘Secretary’’ means the Secretary of the Interior. 
(b) ESTABLISHMENT.—The Secretary shall establish 
a Federal Permit Streamlining Project in each Bureau of 
Land Management field office with responsibility for 
issuing permits for broadband projects. 
(c) MEMORANDUM OF UNDERSTANDING.— 
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(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary, in 
consultation with the National Conference of State 
Historic Preservation Officers, shall enter into a 
memorandum of understanding to carry out this sec-
tion with— 
(A) the Secretary of Agriculture; 
(B) the Administrator of the Environ-
mental Protection Agency; 
(C) the Administrator of the Federal High-
way Administration; and 
(D) the Director of the United States Fish 
and Wildlife Service. 
(2) LEAD
AGENCY.—As part of the memo-
randum of understanding under paragraph (1), the 
Secretary shall act as the lead agency in issuing a 
single permit for each broadband project on behalf 
of all Federal agencies involved in the broadband 
project. 
(3) STATE
PARTICIPATION.—The Secretary 
may request that the Governor of any State with one 
or more broadband projects be a party to the memo-
randum of understanding under paragraph (1). 
(4) DESIGNATION OF QUALIFIED STAFF.— 
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(A) IN GENERAL.—Not later than 30 days 
after the date of entrance into the memo-
randum of understanding under paragraph (1), 
the head of each Federal agency that is a party 
to the memorandum of understanding (other 
than the Secretary) shall, if the head of the 
Federal agency determines it to be appropriate, 
designate to each Bureau of Land Management 
field 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.); 
(ii) the preparation of analyses under 
the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
(iii) programs under chapter 1 and 
chapter 2 of title 23, United States Code; 
or 
(iv) consultation and the preparation 
of biological opinions under section 7 of 
the Endangered Species Act of 1973 (16 
U.S.C. 1536). 
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(B) DUTIES.—Each employee designated 
under subparagraph (A) shall— 
(i) not later than 90 days after the 
date of designation, report to the manager 
of the Bureau of Land Management field 
office to which the employee is assigned; 
(ii) be responsible for any issue relat-
ing to any broadband project within the ju-
risdiction of the field office described in 
clause (i) under the authority of the Fed-
eral agency from which the employee is as-
signed; 
(iii) participate as part of the team of 
personnel working on one or more pro-
posed broadband projects, including plan-
ning and environmental analyses; and 
(iv) serve as the designated point of 
contact with any applicable State that as-
sumes any responsibility under section 
4(b)(1) relating to any issue described in 
clause (ii). 
(d) FUNDING.—This section shall be carried out 
using such amounts as are necessary from other amounts 
available that are not otherwise obligated. 
Æ 
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