I
103D CONGRESS
1ST SESSION
H. R. 3657
To establish fees for communication sites on public lands.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 22, 1993
Mr. LAROCCO (for himself, Mr. LEHMAN, Mr. RAHALL, Mr. YOUNG of Alaska,
Mr. RICHARDSON, Mr. SCHIFF, and Mrs. VUCANOVICH) introduced the
following bill; which was referred jointly to the Committees on Natural
Resources and Agriculture
A BILL
To establish fees for communication sites on public lands.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. COMMUNICATION SITE USE FEES.
(a) FEES.—Notwithstanding any other provision of
law, the Secretary of the Interior and the Secretary of Ag-
riculture (hereinafter referred to as the ‘‘Secretaries’’),
shall assess and collect charges for utilization of radio and
television communications sites located on Federal lands
administered by the Forest Service or the Bureau of Land
Management at such rates as the Forest Service and the
Bureau of Land Management shall establish or at such
modified rates as are established pursuant to the provi-
sions of subsection (b) of this section.
(b) ADJUSTMENTS.—(1) The Schedule of Charges es-
tablished under this section shall be reviewed by the For-
est Service and the Bureau of Land Management on an
annual basis, and shall be adjusted by the Forest Service
and the Bureau of Land Management to reflect changes
in the Consumer Price Index. Increases or decreases in
charges shall apply to all categories of charges, but any
increase or decrease shall not total less than 3 percent
or more than 5 percent of the charge assessed to the user
in the preceding year. The Bureau of Land Management
and the Forest Service shall transmit to the Congress noti-
fication of any such adjustment not later than 60 days
before the effective date of such adjustment.
(2) Under the Schedule of Changes established under
the section, if any radio or television communications site
user is to be charged an amount that is greater than
$1,000 more than the amount such site user pays to the
Bureau of Land Management or the Forest Service as of
January 1, 1993, then during the first year in which the
Schedule of Charges is in effect, such site user shall pay
an amount equal to the amount it paid to the Bureau of
Land Management of the Forest Service as of January
1, 1993, plus $1,000. Each year thereafter, such site user
shall pay the full amount under the Schedule of Charges,
as modified pursuant to the subsection.
(3) Under the Schedule of Charges established under
this section, if any radio or television communications site
user is to be charged an amount that is less than the
amount such site user paid to the Bureau of Land Man-
agement or the Forest Service as of January 1, 1993, then
such site user shall continue to pay the higher amount
until such time as the charge to the site user in the Sched-
ule of Charges equals or exceeds that amount, as modified
pursuant to this subsection.
(c) ADDITIONAL USERS.—(1) If the radio or tele-
vision communications site user is permitted under the
terms of its site use authorization from the Bureau of
Land Management or the Forest Service to grant access
to the site to additional users, then the radio or television
communications site user shall pay annually to the Bureau
of Land Management or the Forest Service an amount
equal to 25 percent of the gross income it receives from
each such additional user during that year.
(2) Authorizations to radio and television commu-
nications site users shall require such site users to provide
the Bureau of Land Management or the Forest Service
with a certified list which identifies all additional users
of such sites and all gross revenues received from such
additional users. The Bureau of Land Management and
the Forest Service shall not require any additional user
of a radio or television communications site to obtain a
separate authorization to use such a site.
(d) ADMINISTRATIVE PROVISIONS.—(1) The Sec-
retaries shall prescribe appropriate rules and regulations
to carry out the provisions of this section.
(2) Ten years after the date of enactment of this sec-
tion, the Secretaries shall establish a broad-based advisory
group, including representatives from the radio and tele-
vision broadcast industry, to review the Schedule of
Charges and other acceptable criteria for determining fair
market value for radio and television communications site
uses. The advisory group shall report its findings to the
Congress no later than 1 year after it is established.
(e) EXISTING CHARGES.—(1) Until modified pursu-
ant to subsection (b) of this section, the Schedule of
Charges for television communications site users which the
Secretaries shall prescribe pursuant to subsection (a) of
this section shall be as listed in exhibit 3 (television rental
fee schedule) in the report of the radio and television
broadcast use fee advisory committee dated December
1992.
(2) Until modified pursuant to subsection (b) of this
section, the Schedule of Charges for radio communications
site users which the Secretaries shall prescribe pursuant
to subsection (a) of this section shall be as listed in exhibit
4, radio rental fee schedule in the report of the radio and
television broadcast use fee advisory committee dated De-
cember 1992.
SEC. 2. NONBROADCAST COMMUNICATION SITE ADVISORY
BOARD.
(a) ESTABLISHMENT.—The Secretaries of the Inte-
rior and Agriculture are directed to jointly establish a
broad-based advisory group comprised of representatives
from the nonbroadcast communications industry (users of
both private and public communication sites) and the 2
agencies to review recommendations on acceptable criteria
for determining fair market values and next best alter-
native use.
(b) REVIEW.—The advisory group shall review the
methodology used in any previous studies and reach con-
currence on such methodology.
(c) ASSESSMENTS.—The advisory group shall also as-
sess the validity of the results of such studies, taking into
account all reasonable options for the establishment of fair
market values and next best alternative use.
(d) REPORT.—The advisory group shall report its
findings to the Committee on Energy and Natural Re-
sources of the Senate and the Committee on Natural Re-
sources of the House of Representatives within 1 year
after the enactment of this Act.
Æ