I 
117TH CONGRESS 
1ST SESSION H. R. 1047 
To allow certain State and Tribal permitting authority to encourage expansion 
of broadband service to rural and Tribal communities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 15, 2021 
Mr. CURTIS 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 
committee concerned 
A BILL 
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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Rural Broadband Per-
mitting Efficiency Act of 2021’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) BROADBAND PROJECT.—The term ‘‘broad-
band project’’ means an installation by a broadband 
provider of wireless or broadband infrastructure, in-
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 
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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— 
(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 
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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. 
(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 
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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 
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– 
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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 
Secretary 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 en-
tering into any memorandum of understanding with a 
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, 
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