596 
(iii) AVAILABILITY OF WAIVER.—Noti-
fication of a waiver authorized under this 
subparagraph shall be made publicly avail-
able, such as on a public website of the 
State department of transportation de-
scribed in paragraph (2)(B). 
(iv) WAIVER DETERMINATION.— 
(I) IN GENERAL.—The State de-
partment of transportation shall be re-
sponsible for the waiver determination 
described under this paragraph, con-
sistent with the regulation issued pur-
suant to this subsection, and may 
grant a programmatic waiver for cat-
egories of projects excluded under this 
subparagraph. 
(II) NO PRIVATE CAUSE OF AC-
TION.—The waiver determination de-
scribed under this paragraph shall be 
final and conclusive. Nothing in this 
section shall provide a private right or 
cause of action to challenge such deter-
mination in any court of law. 
(4) PRIORITY.—If a State provides for the in-
stallation of broadband infrastructure or broadband 
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597 
conduit in the right-of-way of a covered highway con-
struction project, the State department of transpor-
tation, along with appropriate State agencies, shall 
carry out appropriate measures to ensure that an ex-
isting broadband provider is afforded access that is 
non-discriminatory, competitively neutral, and equal 
in opportunity, as compared to other broadband pro-
viders, with respect to the program under this sub-
section. 
(c) GUIDANCE FOR THE INSTALLATION OF BROADBAND 
CONDUIT.—The Secretary, in consultation with the NTIA 
Administrator, shall issue guidance for best practices re-
lated to the installation of broadband conduit as described 
in subsection (b)(2) and of conduit and similar infrastruc-
ture for intelligent transportation systems (as such term is 
defined in section 501 of title 23, United States Code) that 
may utilize broadband conduit installed pursuant to sub-
section (b)(2). 
(d) CONSULTATION.— 
(1) IN
GENERAL.—In issuing regulations re-
quired by this subsection or to implement any part 
of this section, the Secretary shall consult— 
(A) the NTIA Administrator; 
(B) the Federal Communications Commis-
sion; 
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(C) State departments of transportation; 
(D) appropriate State agencies; 
(E) agencies of local governments respon-
sible for transportation and rights-of-way, utili-
ties, and telecommunications and broadband; 
(F) Indian tribes; 
(G) broadband providers; and 
(H) manufacturers of optical fiber, conduit, 
pull tape, and related items. 
(2) BROADBAND USERS.—The Secretary shall en-
sure that the entities consulted under subparagraphs 
(C) through (F) of paragraph (1) include entities that 
have expertise with rural areas and populations with 
limited access to broadband infrastructure. 
(3) BROADBAND
PROVIDERS.—The Secretary 
shall ensure that the entities consulted under subpara-
graph (G) of paragraph (1) include entities that pro-
vide broadband to rural areas and populations with 
limited access to broadband infrastructure. 
(4) CONSULTING
SMALL
MUNICIPALITIES.—The 
Secretary shall ensure that the agencies of local gov-
ernments consulted under subparagraph (E) of para-
graph (1) include rural areas, specifically agencies of 
local governments with populations less than 50,000. 
(e) OVERSIGHT.— 
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(1) IN GENERAL.—The Secretary shall periodi-
cally review compliance with the regulations issued 
pursuant to this section and ensure that State waiver 
determinations are consistent with such regulations. 
(2) EFFICIENT REVIEW.—The review described 
under paragraph (1) may be carried out through the 
risk-based stewardship and oversight program de-
scribed under section 106(g) of title 23, United States 
Code. 
(3) EFFECT OF SUBSECTION.—Nothing in this 
subsection shall affect or discharge any oversight re-
sponsibility of the Secretary specifically provided for 
under title 23, United States Code, or any other Fed-
eral law. 
(f) ADDITIONAL PROVISIONS.— 
(1) APPLICABILITY.— 
(A) IN GENERAL.—The portion of the regu-
lation issued pursuant to subsection (b) relating 
to the provisions under paragraph (3) of such 
subsection shall not take effect until a source of 
dedicated funding for the installation and long 
term maintenance of broadband conduit de-
scribed in subsection (g)(2) is established. 
(B) APPLICABILITY DATE.—Paragraphs (2) 
through (4) of subsection (b) and subsection (d) 
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shall apply only to covered highway construction 
projects for which Federal obligations or expend-
itures are initially approved on or after the date 
on which regulations required under this sub-
section take effect. 
(2) RULES OF CONSTRUCTION.— 
(A) STATE
LAW.—Nothing in this sub-
section shall be construed to require a State to 
install or allow the installation of broadband 
conduit or broadband infrastructure— 
(i) that is otherwise inconsistent with 
what is allowable under State law; or 
(ii) where the State lacks the authority 
for such installation, such as any property 
right or easement necessary for such instal-
lation. 
(B) NO REQUIREMENT FOR INSTALLATION 
OF MOBILE SERVICES EQUIPMENT.—Nothing in 
this section shall be construed to require a State, 
a municipal government incorporated under 
State law, or an Indian Tribe to install or allow 
for the installation of equipment essential for the 
provision of commercial mobile services (as de-
fined in section 332(d) of the Communications 
Act of 1934 (47 U.S.C. 332(d))) or commercial 
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mobile data service (as defined in section 6001 
of the Middle Class Tax Relief and Job Creation 
Act of 2012 (47 U.S.C. 1401)), other than 
broadband conduit and associated equipment de-
scribed in paragraph (3)(B). 
(3) RELATION TO STATE DIG ONCE REQUIRE-
MENTS.—Nothing in subsections (b), (c), (d), or (e) or 
any regulations issued pursuant to subsection (b) 
shall be construed to alter or supersede any provision 
of a State law or regulation that provides for a dig 
once requirement that includes similar or more strin-
gent requirements to the provisions of subsections (b), 
(c), (d), or (e) and any regulations promulgated 
under subsection (b). 
(g) DIG ONCE FUNDING TASK FORCE.— 
(1) ESTABLISHMENT.—The Secretary and the 
NTIA Administrator shall jointly establish an inde-
pendent task force on funding the nationwide dig once 
requirement described in this section to be known as 
the ‘‘Dig Once Funding Task Force’’ (hereinafter re-
ferred to as the ‘‘Task Force’’). 
(2) DUTIES.—The duties of the Task Force shall 
be to— 
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(A) estimate the annual cost for imple-
menting, administering, and maintaining a na-
tionwide dig once requirement; 
(B) propose and evaluate options for fund-
ing a nationwide dig once requirement described 
in this section that includes— 
(i) a discussion of the role and poten-
tial share of costs of— 
(I) the Federal Government; 
(II) State and local governments 
and Indian tribes; and 
(III) broadband providers install-
ing broadband conduit or broadband 
infrastructure under this section; 
(ii) consideration of the role of existing 
dig once requirements on States, local gov-
ernments, and Indian tribes and the role of 
private broadband investment, with a goal 
to not discourage or disincentivize such dig 
once requirements or such investment; and 
(iii) evaluating the appropriate entity 
or entities responsible for maintaining the 
broadband infrastructure and conduit in-
stalled pursuant to a dig once requirement; 
and 
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603 
(C) propose a cost-based model fee schedule 
for a State to charge a broadband provider to ac-
cess and use conduit installed by such State pur-
suant to this section that— 
(i) shall consider costs (including ad-
ministrative costs) associated with installa-
tion and long-term maintenance of the 
broadband conduit installed pursuant to 
this section; 
(ii) may vary by topography, location, 
type of road, rurality, and other factors; 
and 
(iii) may consider financial and mar-
ket incentives for expanding broadband in-
frastructure. 
(3) REPORTS.— 
(A) INTERIM REPORT AND BRIEFING.—Not 
later than 9 months after the appointment of 
Members to the Task Force under paragraph 
(4)(D), the Task Force shall— 
(i) submit to Congress an interim re-
port on the findings of the Task Force; and 
(ii) provide briefings for Congress on 
the findings of the Task Force. 
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(B) FINAL
REPORT.—Not later than 3 
months after the submission of the interim report 
under subparagraph (A), the Task Force shall 
submit to Congress a final report on the findings 
of the Task Force. 
(4) MEMBERS.— 
(A) APPOINTMENTS.—The Task Force shall 
consist of 14 members, comprising— 
(i) 2 co-chairs described in subpara-
graph (B); 
(ii) 6 members jointly appointed by 
the Speaker and minority leader of the 
House of Representatives, in consultation 
with the respective Chairs and Ranking 
Members of— 
(I) the Committee on Transpor-
tation and Infrastructure of the House 
of Representatives; 
(II) the Committee on Energy and 
Commerce of the House of Representa-
tives; and 
(III) the Committee on Appro-
priations of the House of Representa-
tives; and 
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(iii) 6 members jointly appointed by 
the majority leader and minority leader of 
the Senate, in consultation with the respec-
tive Chairs and Ranking Members of the— 
(I) the Committee on Environ-
ment and Public Works of the Senate; 
(II) the Committee on Commerce, 
Science, and Transportation of the 
Senate; and 
(III) the Committee on Appro-
priations of the Senate. 
(B) CO-CHAIRS.—The Task Force shall be 
co-chaired by the Secretary and the NTIA Ad-
ministrator, or the designees of the Secretary and 
NTIA Administrator. 
(C) COMPOSITION.—The Task Force shall 
include at least— 
(i) 1 representative from a State de-
partment of transportation; 
(ii) 1 representative from a local gov-
ernment; 
(iii) 1 representative from an Indian 
tribe; 
(iv) 1 representative from a broadband 
provider; 
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(v) 1 representative from a State or 
local broadband provider; 
(vi) 1 representative from a labor 
union; and 
(vii) 1 representative from a public in-
terest organization. 
(D) 
APPOINTMENT
DEADLINE.—Members 
shall be appointed to the Task Force not later 
than 60 days after the date of enactment of this 
Act. 
(E) TERMS.—Members shall be appointed 
for the life of the Task Force. A vacancy in the 
Task Force shall not affect the powers of the Task 
Force and the vacancy shall be filled in the same 
manner as the initial appointment was made. 
(5) CONSULTATIONS.—In carrying out the duties 
required under this subsection, the Task Force shall 
consult, at a minimum— 
(A) the Federal Communications Commis-
sion; 
(B) agencies of States including— 
(i) State departments of transpor-
tation; and 
(ii) appropriate State agencies; 
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(C) agencies of local governments respon-
sible for transportation and rights-of-way, utili-
ties, and telecommunications and broadband; 
(D) Indian tribes; 
(E) broadband providers and other tele-
communications providers; 
(F) labor unions; and 
(G) State or local broadband providers and 
Indian tribes that act as broadband providers. 
(6) ADDITIONAL PROVISIONS.— 
(A) EXPENSES
FOR
NON-FEDERAL
MEM-
BERS.—Non-Federal members of the Task Force 
shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized 
for employees under subchapter I of chapter 57 
of title 5, United States Code, while away from 
the homes or regular places of business of such 
members in the performance of services for the 
Task Force. 
(B) STAFF.—Staff of the Task Force shall 
comprise detailees with relevant expertise from 
the Department of Transportation and the Na-
tional Telecommunications and Information Ad-
ministration, or another Federal agency that the 
co-chairpersons consider appropriate, with the 
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