IB 
Union Calendar No. 679 
115TH CONGRESS 
2D SESSION 
H. R. 4824 
[Report No. 115–881, Part I] 
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 
AUGUST 3, 2018 
Additional sponsors: Mr. NEWHOUSE, Mr. MEADOWS, Mr. WESTERMAN, and 
Mr. LAMBORN 
AUGUST 3, 2018 
Reported from the Committee on Natural Resources with amendments 
[Strike out all after the enacting clause and insert the part printed in italic] 
AUGUST 3, 2018 
Committee on Agriculture discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on January 18, 2018] 
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A BILL 
To allow certain State permitting authority to encourage 
expansion of broadband service to rural communities, 
and for other purposes. 
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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’’. 
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 origi-
nate and receive high-quality voice, data, graphics, 
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 
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(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 individual 
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 loca-
tions of the roadway, bridges, interchanges, culverts, 
drainage, clear zone, traffic control signage, land-
scaping, copper and fiber optic lines, utility shelters, 
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. 
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(6) SECRETARY
CONCERNED.—The term ‘‘Sec-
retary concerned’’ means— 
(A) the Secretary of Agriculture (acting 
through the Chief of the Forest Service), with re-
spect 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 In-
dian 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 Interior 
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 con-
cerned 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 Envi-
ronmental 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 man-
aged by the Department of the Interior, and Indian Lands. 
Under such a memorandum of understanding, an Indian 
Tribe or State may volunteer to cooperate with the signato-
ries to the memorandum in the preparation of the analyses 
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required under the National Environmental Policy Act of 
1969. 
(b) ASSUMPTION OF RESPONSIBILITIES.— 
(1) IN
GENERAL.—In entering into a memo-
randum of understanding under this section, the Sec-
retary concerned may assign to the State or Indian 
Tribe, and the State or Indian Tribe may agree to as-
sume, all or part of the responsibilities of the Sec-
retary concerned for environmental analyses under 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(2) STATE OR INDIAN TRIBE RESPONSIBILITY.— 
(A) IN GENERAL.—A State or Indian Tribe 
that assumes any responsibility under para-
graph (1) shall be subject to the same procedural 
and substantive requirements as would apply if 
the responsibility were carried out by the Sec-
retary concerned. 
(B) EFFECT OF ASSUMPTION OF RESPONSI-
BILITY.—A State or Indian Tribe that assumes 
any responsibility, including financial 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 
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date on which the program is terminated under 
subsection (g). 
(C) ENVIRONMENTAL REVIEW.—A State or 
Indian Tribe that assumes any responsibility 
under paragraph (1) shall comply with the envi-
ronmental review procedures under parts 1500– 
1508 of title 40, Code of Federal Regulations (or 
successor regulations), and the regulations of the 
Secretary concerned. 
(3) FEDERAL
RESPONSIBILITY.—Any responsi-
bility of the Secretary concerned described in para-
graph (1) that is not explicitly assumed by the State 
or Indian Tribe in the memorandum of under-
standing shall remain the responsibility of the Sec-
retary concerned. 
(c) OFFER AND NOTIFICATION.—A State or Indian 
Tribe that intends to offer to enter into a memorandum of 
understanding under this section shall provide to the Sec-
retary concerned notice 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. 
(d) TRIBAL CONSULTATION.—Within 90 days of enter-
ing into any memorandum of understanding with a State, 
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the Secretary concerned shall initiate consultation with rel-
evant 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 Governor’s 
designee, or in the case of an Indian Tribe, by an of-
ficer 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 as-
sumed by the State or Indian Tribe; 
(C) certify that State laws and regulations, 
with respect to States, or Tribal laws and regu-
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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 responsibilities 
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 ac-
cordance with the Federal Land Policy Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.); and 
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(G) agrees to send a copy of all authorizing 
documents to the United States for proper nota-
tion 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 
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 car-
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rying out the responsibilities assigned to and as-
sumed 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 necessary 
to comply with the applicable agreement; 
and 
(C) the State or Indian Tribe, after the no-
tification and period provided under subpara-
graph (B), fails to take satisfactory corrective ac-
tion, as determined by the Secretary concerned. 
(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-
tent to terminate by not later than the date that is 
90 days before the date of termination. 
(3) TERMINATION OF MEMORANDUM OF UNDER-
STANDING WITH STATE OR INDIAN TRIBE.—A State or 
an Indian Tribe may terminate a joint memorandum 
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of understanding under this section at any time by 
providing to the Secretary concerned a notice of in-
tent to terminate by no later than the date that is 90 
days before the date of termination. 
SEC. 4. CATEGORICAL EXCLUSION FOR PROJECTS WITHIN 
OPERATIONAL RIGHTS-OF-WAY. 
(a) 
CATEGORICAL
EXCLUSION
ESTABLISHED.— 
Broadband projects carried out in an operational right-of- 
way are a category of actions hereby designated as being 
categorically excluded from the preparation of an environ-
mental assessment or an environmental impact statement 
under section 102 of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332). 
(b) AVAILABILITY OF CATEGORICAL EXCLUSION.—On 
and after the date of the enactment of this Act, the Secretary 
concerned may use the categorical exclusion established 
under subsection (a) in accordance with this section. 
SEC. 5. FEDERAL BROADBAND PERMIT COORDINATION. 
(a) ESTABLISHMENT.—The Secretary concerned shall 
establish a broadband permit streamlining team comprised 
of qualified staff under subsection (b)(4) in each State or 
regional office that has been delegated responsibility for 
issuing permits for broadband projects. 
(b) 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 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; 
(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 memorandum 
of understanding under paragraph (1) is to coordi-
nate and expedite permitting decisions for broadband 
projects. 
(3) STATE OR TRIBAL PARTICIPATION.—The Sec-
retary 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 under-
standing 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 memorandum 
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 Fed-
eral agency determines it to be appropriate, des-
ignate to each State or regional office an em-
ployee 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.) 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). 
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(B) DUTIES.—Each employee designated 
under subparagraph (A) shall— 
(i) be responsible for any issue relating 
to any broadband project within the juris-
diction 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, including 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 
section 3(b)(1) relating to any issue de-
scribed in clause (i). 
Amend the title so as to read: ‘‘A bill to allow cer-
tain State and tribal permitting authority to encourage 
expansion of broadband service to rural and tribal com-
munities, and for other purposes.’’. 
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Union Calendar No. 679 
115TH CONGRESS 
2D SESSION 
H. R. 4824 
[Report No. 115–881, Part I] 
A BILL 
To allow certain State permitting authority to en-
courage expansion of broadband service to rural 
communities, and for other purposes. 
AUGUST 3, 2018 
Reported from the Committee on Natural Resources with 
amendments 
AUGUST 3, 2018 
Committee on Agriculture discharged; committed to the 
Committee of the Whole House on the State of the 
Union and ordered to be printed 
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