(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 dis-
posal 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 sub-
paragraph (A), the Secretary concerned shall 
notify the Assistant Secretary of such establish-
ment. 
(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 estab-
lished pursuant to paragraph (1)(A). 
SEC. 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’’ or the ‘‘Facilitating DIGITAL Applications Act’’. 
(b) BARRIERS TO IMPLEMENTATION OF AN ONLINE 
PORTAL FOR FORM 299.— 
(1) DEFINITIONS.—In this section: 
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(A) APPROPRIATE COMMITTEES OF CON-
GRESS.—The term ‘‘appropriate committees of 
Congress’’ means— 
(i) the Committee on Energy and 
Commerce of the House of Representa-
tives; 
(ii) the Committee on Natural Re-
sources 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’’ means the Assistant Sec-
retary of Commerce for Communications and 
Information. 
(C) 
COMMUNICATIONS
FACILITY.—The 
term ‘‘communications facility’’ includes— 
(i) any infrastructure, including any 
transmitting device, tower, or support 
structure, and any equipment, switch, wir-
ing, cabling, power source, shelter, or cabi-
net, associated with the licensed or per-
mitted unlicensed wireless or wireline 
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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 author-
ized device that does not require an 
individual license; and 
(III) is added to a tower, build-
ing, or other structure. 
(D) COMMUNICATIONS
USE.—The term 
‘‘communications use’’ means the placement 
and operation of a communications facility. 
(E) COMMUNICATIONS
USE
AUTHORIZA-
TION.—The term ‘‘communications use author-
ization’’ means an easement, right-of-way, 
lease, license, or other authorization to locate or 
modify a communications facility on covered 
land by the Department concerned for the pri-
mary purpose of authorizing the occupancy and 
use of the covered land for communications use. 
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(F) COVERED LAND.—The term ‘‘covered 
land’’ means— 
(i) public land administered by the 
Secretary of the Interior; and 
(ii) National Forest System land. 
(G) 
DEPARTMENT
CONCERNED.—The 
term ‘‘Department concerned’’ means the De-
partment of the Interior or the Department of 
Agriculture. 
(H) FORM 299.—The term ‘‘Form 299’’ 
means the form established under section 
6409(b)(2)(A) of the Middle Class Tax Relief 
and Job Creation Act of 2012 (47 U.S.C. 
1455(b)(2)(A)), or any successor form. 
(I) SECRETARY
CONCERNED.—The term 
‘‘Secretary concerned’’ means— 
(i) the Secretary of the Interior, with 
respect to land administered by such Sec-
retary; 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 
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described in subparagraph (B), the Assistant 
Secretary shall submit to the appropriate com-
mittees in Congress a report that— 
(i) describes whether the Department 
concerned has established an online portal 
for the acceptance, processing, and dis-
posal of a Form 299; and 
(ii) describes any barrier to the estab-
lishment of an online portal for the accept-
ance, processing, and disposal of a Form 
299. 
(B) NOTIFICATION DESCRIBED.—The Sec-
retary concerned shall notify the Assistant Sec-
retary not later than 3 business days after the 
Department concerned has established an online 
portal for the acceptance, processing, and dis-
posal of a Form 299. 
SEC. 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 ‘‘broad-
band project’’ means an installation by a broadband 
provider of wireless or broadband infrastructure, in-
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cluding but not limited to, copper lines, fiber optic 
lines, communications towers, buildings, or other im-
provements on Federal land. 
(2) BROADBAND PROVIDER.—The term ‘‘broad-
band 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— 
(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. 
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(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— 
(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). 
(c) STATE OR TRIBAL PERMITTING AUTHORITY.— 
(1) IN
GENERAL.—The Secretary concerned 
shall establish (or in the case where both Depart-
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ment of the Interior and National Forest System 
land would be affected, shall jointly establish) a vol-
untary program under which any State or Indian 
Tribe may offer, and the Secretary concerned may 
agree, to enter into a memorandum of under-
standing 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.) 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 Indian 
Lands. Under such a memorandum of under-
standing, 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. 
(2) ASSUMPTION OF RESPONSIBILITIES.— 
(A) IN
GENERAL.—In entering into a 
memorandum of understanding under this sub-
section, the Secretary concerned may assign to 
the State or Indian Tribe, and the State or In-
dian Tribe may agree to assume, all or part of 
the responsibilities of the Secretary concerned 
for environmental analyses under the National 
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Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
(B) STATE OR INDIAN TRIBE RESPONSI-
BILITY.— 
(i) IN GENERAL.—A State or Indian 
Tribe that assumes any responsibility 
under subparagraph (A) shall be subject to 
the same procedural and substantive re-
quirements as would apply if the responsi-
bility were carried out by the Secretary 
concerned. 
(ii) EFFECT OF ASSUMPTION OF RE-
SPONSIBILITY.—A State or Indian Tribe 
that assumes any responsibility, including 
financial responsibility, under subpara-
graph (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 termi-
nated under paragraph (7). 
(iii) 
ENVIRONMENTAL
REVIEW.—A 
State or Indian Tribe that assumes any re-
sponsibility under subparagraph (A) shall 
comply with the environmental review pro-
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cedures 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 re-
sponsibility of the Secretary concerned de-
scribed in subparagraph (A) that is not explic-
itly 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 In-
dian Tribe that intends to offer to enter into a 
memorandum of understanding under this sub-
section shall provide to the Secretary concerned no-
tice 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— 
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(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 con-
cerned 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 respon-
sibility of the Secretary concerned assumed 
by the State or Indian Tribe; 
(iii) certify that State laws and regu-
lations, with respect to States, or Tribal 
laws and regulations, with respect to In-
dian Tribes, are in effect that— 
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(I) authorize the State or Indian 
Tribe to take the actions necessary to 
carry out the responsibilities being as-
sumed; and 
(II) are comparable to section 
552 of title 5, United States Code, in-
cluding providing that any decision re-
garding the public availability of a 
document under the State laws is re-
viewable by a court of competent ju-
risdiction; 
(iv) agrees to maintain the financial 
resources necessary to carry out the re-
sponsibilities 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 ade-
quately carrying out the responsibilities as-
signed to and assumed by the State or In-
dian Tribe; 
(vi) agrees to return revenues gen-
erated from the use of public lands author-
ized under this section to the United 
States annually, in accordance with the 
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Federal Land Policy Management Act of 
1976 (43 U.S.C. 1701 et seq.); and 
(vii) agrees to send a copy of all au-
thorizing 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.) under the memo-
randum of understanding; 
(F) not be granted to a State on Indian 
Lands without the consent of the relevant In-
dian 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 Sec-
retary 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 
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participation of any State or Indian Tribe in 
the program established under this subsection 
if— 
(i) the Secretary concerned deter-
mines 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 determina-
tion of noncompliance; and 
(II) a period of at least 30 days 
during which to take such corrective 
action as the Secretary concerned de-
termines 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 correc-
tive action, as determined by the Secretary 
concerned. 
(B) TERMINATION BY THE STATE OR IN-
DIAN TRIBE.—A State or Indian Tribe may ter-
minate the participation of the State or Indian 
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Tribe in the program established under this 
subsection at any time by providing to the Sec-
retary concerned a notice of intent to terminate 
by not later than the date that is 90 days be-
fore the date of termination. 
(C) TERMINATION
OF
MEMORANDUM
OF 
UNDERSTANDING
WITH
STATE
OR
INDIAN 
TRIBE.—A State or an Indian Tribe may termi-
nate 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
COORDINA-
TION.— 
(1) 
ESTABLISHMENT.—The 
Secretary 
con-
cerned shall establish a broadband permit stream-
lining team comprised of qualified staff under para-
graph (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 Sec-
retary concerned, in consultation with the Na-
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tional Conference of State Historic Preservation 
Officers and the National Tribal Historic Pres-
ervation 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 In-
dian Affairs; and 
(iii) the Director of the United States 
Fish and Wildlife Service. 
(B) PURPOSE.—The purpose of the memo-
randum of understanding under subparagraph 
(A) is to coordinate and expedite permitting de-
cisions 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 sub-
paragraph (A). 
(D) 
DESIGNATION
OF
QUALIFIED 
STAFF.— 
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(i) IN GENERAL.—Not later than 30 
days after the date of entrance into the 
memorandum of understanding under sub-
paragraph (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 applica-
ble, particular 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 and 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 prepa-
ration of biological opinions under sec-
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tion 7 of the Endangered Species Act 
of 1973 (16 U.S.C. 1536). 
(ii) DUTIES.—Each employee des-
ignated 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, in-
cluding 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 de-
scribed in subclause (A). 
Æ 
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