I 
115TH CONGRESS 
2D SESSION 
H. R. 4824 
To allow certain State permitting authority to encourage expansion of 
broadband service to rural communities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 18, 2018 
Mr. CURTIS (for himself, Mr. GOSAR, Mr. LAMALFA, Mr. TIPTON, Mr. 
GIANFORTE, Mr. PEARCE, Mr. BUCK, Mrs. NOEM, and Mr. STEWART) 
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 com-
mittee concerned 
A BILL 
To allow certain State permitting authority to encourage 
expansion of broadband service to rural communities, 
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 2018’’. 
VerDate Sep 11 2014 
00:43 Jan 20, 2018
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4824.IH
H4824
dlhill on DSK3GLQ082PROD with BILLS
SEC. 2. FINDINGS. 
Congress finds that, as of the date of enactment of 
this Act— 
(1) the United States has been the world leader 
in Internet and telecommunications technology 
growth, and the people of the United States now rely 
on broadband connectivity as an increasingly nec-
essary part of daily life; 
(2) broadband services are used by private citi-
zens, businesses, public groups, and government 
agencies throughout the United States to commu-
nicate, access information, share cultures, develop 
technologies, and grow economies nationally and 
internationally; 
(3) while wireless and broadband technologies 
have contributed significantly to progress throughout 
the United States, lack of broadband deployment to 
rural communities has put rural parties at a greater 
disadvantage for economic development; and 
(4) delays in the permitting process are costly 
and discouraging to broadband deployment and fur-
ther discourage broadband deployment to rural 
areas. 
SEC. 3. DEFINITIONS. 
In this Act: 
VerDate Sep 11 2014 
00:43 Jan 20, 2018
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4824.IH
H4824
dlhill on DSK3GLQ082PROD with BILLS
(1) 
BROADBAND
PROJECT.—The 
term 
‘‘broadband project’’ means a project under which a 
broadband provider installs wireless infrastructure 
or broadband infrastructure, including copper lines 
or fiber optic lines, on Federal land. 
(2) 
BROADBAND
PROVIDER.—The 
term 
‘‘broadband provider’’ means a facilities-based pro-
vider of broadband capability that enables a user to 
originate and receive high-quality voice, data, graph-
ics, and video telecommunications. 
(3) OPERATIONAL
RIGHT-OF-WAY.—The term 
‘‘operational right-of-way’’ means all real property 
interests (including easements) acquired for the con-
struction or operation of a project, including the lo-
cations of the roadway, bridges, interchanges, cul-
verts, drainage, clear zone, traffic control signage, 
landscaping, copper and fiber optic lines, utility shel-
ters, and broadband infrastructure as installed by 
broadband providers, and any rest areas with direct 
access to a controlled access highway or the National 
Highway System. 
(4) PROJECT.—The term ‘‘project’’ has the 
meaning given the term in section 101(a) of title 23, 
United States Code. 
VerDate Sep 11 2014 
00:43 Jan 20, 2018
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4824.IH
H4824
dlhill on DSK3GLQ082PROD with BILLS
(5) SECRETARY CONCERNED.—The term ‘‘Sec-
retary 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 re-
spect to land managed by the Bureau of Land 
Management (including land held for the ben-
efit of an Indian tribe). 
SEC. 4. STATE PERMITTING AUTHORITY. 
(a) IN GENERAL.—The Secretaries concerned shall 
jointly establish a program under which any State may 
offer, and the Secretary concerned may agree, to enter 
into a memorandum of understanding with the Secretary 
concerned to allow for the permitting of broadband within 
an operational right-of-way in accordance with this sec-
tion. 
(b) ASSUMPTION OF RESPONSIBILITIES.— 
(1) IN GENERAL.—In entering into a memo-
randum of understanding under this section, the 
Secretary concerned may assign to the State, and 
the State may agree to assume, all or part of the re-
sponsibilities of the Secretary concerned for environ-
mental review, consultation, or other action required 
under any Federal environmental law pertaining to 
VerDate Sep 11 2014 
00:43 Jan 20, 2018
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4824.IH
H4824
dlhill on DSK3GLQ082PROD with BILLS
the review or approval of a specific operational right- 
of-way broadband project. 
(2) STATE RESPONSIBILITY.— 
(A) IN GENERAL.—A State that assumes 
any responsibility under paragraph (1) shall be 
subject to the same procedural and substantive 
requirements as would apply if the responsi-
bility were carried out by the Secretary con-
cerned. 
(B) EFFECT OF ASSUMPTION OF RESPON-
SIBILITY.—A State that assumes any responsi-
bility under paragraph (1) shall be solely re-
sponsible and solely liable for carrying out, in 
lieu of the Secretary concerned, the responsibil-
ities assumed under that paragraph until the 
date on which the program is terminated under 
subsection (f). 
(C) ENVIRONMENTAL
REVIEW.—A State 
that assumes any responsibility under para-
graph (1) shall comply with the environmental 
review procedures under part 771 of title 23, 
Code of Federal Regulations (or successor regu-
lations). 
(3) FEDERAL RESPONSIBILITY.—Any responsi-
bility of the Secretary concerned described in para-
VerDate Sep 11 2014 
00:43 Jan 20, 2018
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4824.IH
H4824
dlhill on DSK3GLQ082PROD with BILLS