II 
115TH CONGRESS 
2D SESSION 
H. R. 4824 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 17, 2018 
Received 
AN ACT 
To allow certain State and tribal permitting authority to 
encourage expansion of broadband service to rural and 
tribal 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, 
VerDate Sep 11 2014 
03:09 Oct 12, 2018
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4824.RDS
H4824
pamtmann on DSKBFK8HB2PROD with BILLS
HR 4824 RDS 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Rural Broadband Per-
mitting Efficiency Act of 2018’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) 
BROADBAND
PROJECT.—The 
term 
‘‘broadband project’’ means an installation by a 
broadband provider of wireless or broadband infra-
structure, including but not limited to, copper lines, 
fiber optic lines, communications towers, buildings, 
or other improvements on Federal land. 
(2) 
BROADBAND
PROVIDER.—The 
term 
‘‘broadband provider’’ means a provider of wireless 
or broadband infrastructure that enables a user to 
originate and receive high-quality voice, data, graph-
ics, and video telecommunications. 
(3) INDIAN LANDS.—The term ‘‘Indian Lands’’ 
means— 
(A) any land owned by an Indian Tribe, lo-
cated within the boundaries of an Indian res-
ervation, pueblo, or rancheria; or 
(B) any land located within the boundaries 
of an Indian reservation, pueblo, or rancheria, 
the title to which is held— 
VerDate Sep 11 2014 
03:09 Oct 12, 2018
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4824.RDS
H4824
pamtmann on DSKBFK8HB2PROD with BILLS
HR 4824 RDS 
(i) in trust by the United States for 
the benefit of an Indian Tribe or an indi-
vidual Indian; 
(ii) by an Indian Tribe or an indi-
vidual Indian, subject to restriction against 
alienation under laws of the United States; 
or 
(iii) by a dependent Indian commu-
nity. 
(4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
means a federally recognized Indian Tribe. 
(5) 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. 
(6) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means— 
VerDate Sep 11 2014 
03:09 Oct 12, 2018
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4824.RDS
H4824
pamtmann on DSKBFK8HB2PROD with BILLS
HR 4824 RDS 
(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 Department of 
the Interior (including land held in trust for an 
Indian Tribe). 
SEC. 3. STATE OR TRIBAL PERMITTING AUTHORITY. 
(a) IN GENERAL.—The Secretary concerned shall es-
tablish (or in the case where both Department of the Inte-
rior 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 un-
derstanding to allow for the State or Indian Tribe to pre-
pare environmental analyses required under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) for the permitting of broadband projects within an 
operational right-of-way on National Forest System land, 
land managed by the Department of the Interior, and In-
dian Lands. Under such a memorandum of understanding, 
an Indian Tribe or State 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. 
VerDate Sep 11 2014 
03:09 Oct 12, 2018
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4824.RDS
H4824
pamtmann on DSKBFK8HB2PROD with BILLS
HR 4824 RDS 
(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 or In-
dian 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.). 
(2) STATE
OR
INDIAN
TRIBE
RESPONSI-
BILITY.— 
(A) IN
GENERAL.—A State or Indian 
Tribe that assumes any responsibility under 
paragraph (1) shall be subject to the same pro-
cedural 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 any responsibility, including financial re-
sponsibility, under paragraph (1) shall be solely 
responsible and solely liable for carrying out, in 
lieu of the Secretary concerned, the responsibil-
ities assumed under that paragraph until the 
VerDate Sep 11 2014 
03:09 Oct 12, 2018
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4824.RDS
H4824
pamtmann on DSKBFK8HB2PROD with BILLS
HR 4824 RDS 
State, the Secretary concerned shall initiate consultation 
with relevant Indian Tribes. 
(e) MEMORANDUM OF UNDERSTANDING.—A memo-
randum of understanding entered into under this section 
shall— 
(1) be executed by the Governor or the Gov-
ernor’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 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 
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 regu-
VerDate Sep 11 2014 
03:09 Oct 12, 2018
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4824.RDS
H4824
pamtmann on DSKBFK8HB2PROD with BILLS
HR 4824 RDS 
lations, with respect to Indian Tribes, are in ef-
fect 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 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; 
(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 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 Man-
VerDate Sep 11 2014 
03:09 Oct 12, 2018
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4824.RDS
H4824
pamtmann on DSKBFK8HB2PROD with BILLS
HR 4824 RDS 
agement 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 any analyses under 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) under the memorandum of un-
derstanding; 
(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 gov-
ernment-to-government consultation with Indian 
Tribes. 
(g) TERMINATION.— 
(1) TERMINATION BY THE SECRETARY.—The 
Secretary concerned may terminate the participation 
VerDate Sep 11 2014 
03:09 Oct 12, 2018
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4824.RDS
H4824
pamtmann on DSKBFK8HB2PROD with BILLS
HR 4824 RDS 
of any 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; 
(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 nec-
essary to comply with the applicable agree-
ment; 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-
VerDate Sep 11 2014 
03:09 Oct 12, 2018
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4824.RDS
H4824
pamtmann on DSKBFK8HB2PROD with BILLS
HR 4824 RDS 
tent to terminate by not later than the date that is 
90 days before the date of termination. 
(3) TERMINATION
OF
MEMORANDUM
OF
UN-
DERSTANDING 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. 
SEC. 4. FEDERAL BROADBAND PERMIT COORDINATION. 
(a) ESTABLISHMENT.—The Secretary concerned 
shall establish a broadband permit streamlining team com-
prised of qualified staff under subsection (b)(4) in each 
State or regional office that has been delegated responsi-
bility 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 con-
cerned, in consultation with the National Conference 
of State Historic Preservation Officers and the Na-
tional Tribal Historic Preservation Officers Associa-
tion, shall enter into a memorandum of under-
standing to carry out this section with— 
(A) the Secretary of Agriculture or of the 
Interior, as appropriate; 
VerDate Sep 11 2014 
03:09 Oct 12, 2018
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4824.RDS
H4824
pamtmann on DSKBFK8HB2PROD with BILLS
HR 4824 RDS 
(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 memo-
randum 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 gov-
erning 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 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 concerned) may, if the head 
of the Federal agency determines it to be ap-
propriate, designate to each State or regional 
office an employee of that Federal agency with 
expertise in regulatory issues relating to that 
VerDate Sep 11 2014 
03:09 Oct 12, 2018
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4824.RDS
H4824
pamtmann on DSKBFK8HB2PROD with BILLS
HR 4824 RDS 
Federal agency, including, as applicable, par-
ticular expertise in— 
(i) planning under the Forest and 
Rangeland Renewable Resources Planning 
Act of 1974 (16 U.S.C. 1600 et seq.) and 
planning under the Federal Land Policy 
Management Act of 1976 (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.); or 
(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 relat-
ing to any broadband project within the ju-
risdiction 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 pro-
VerDate Sep 11 2014 
03:09 Oct 12, 2018
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4824.RDS
H4824
pamtmann on DSKBFK8HB2PROD with BILLS
HR 4824 RDS 
posed broadband projects, including plan-
ning 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). 
Passed the House of Representatives September 12, 
2018. 
Attest: 
KAREN L. HAAS, 
Clerk. 
VerDate Sep 11 2014 
03:09 Oct 12, 2018
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4824.RDS
H4824
pamtmann on DSKBFK8HB2PROD with BILLS