Broadband Permitting Modernization Act
Bill: H.R.3370 | Sponsor: Rep. Curtis, John R. (R-UT)
Policy area: Science, Technology, Communications

Summary:
Broadband Permitting Modernization Act
This bill modifies, and requires reports about, permitting requirements for broadband activities on federal lands.
Specifically, the Department of the Interior and the Department of Agriculture (USDA) must report on communication use authorizations (i.e., authorizations to modify or locate communications facilities on public land administered by Interior or National Forest System land). Among other topics, the report must assess barriers to reviewing the authorizations and describe the process for prioritizing reviews.
Interior and USDA must also each establish an online portal to manage the Form 299 (used to apply for rights to install, modify, or maintain a communications facility on federal real property) approval process. The National Telecommunications and Information Administration must (1) report to Congress every 60 days on the status of the portals until they are established, and (2) publish links to each established portal on its website.
The bill also authorizes the delegation of federal environmental compliance for certain broadband projects to states and Indian tribes. Interior and USDA must establish a voluntary program whereby states or Indian tribes may conduct (subject to specified terms) environmental reviews for broadband projects within an operational right-of-way (i.e., all real property interests acquired for the construction or operation of a project) on land managed by Interior, National Forest System land, or Indian land.
USDA and Interior shall also establish broadband permit streamlining teams to coordinate and expedite permitting decisions for broadband projects.

To streamline the broadband permitting process for broadband services, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Broadband Permitting Modernization 
Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Enhancing Administrative Reviews for Broadband Deployment Act.
Sec. 4. DIGITAL Applications Act.
Sec. 5. Facilitating DIGITAL Applications Act.
Sec. 6. Rural Broadband Permitting Efficiency Act of 2021.

SEC. 3. ENHANCING ADMINISTRATIVE REVIEWS FOR BROADBAND DEPLOYMENT ACT.

    (a) Short Title.--This section may be cited as the ``Enhancing 
Administrative Reviews for Broadband Deployment Act''.
    (b) Enabling Administrative Review.--
            (1) Definitions.--In this section:
                    (A) Appropriate committees of congress.--The term 
                ``appropriate committees of Congress'' means--
                            (i) the Committee on Energy and Commerce of 
                        the House of Representatives;
                            (ii) the Committee on Natural Resources 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) Communications facility.--The term 
                ``communications facility'' includes--
                            (i) any infrastructure, including any 
                        transmitting device, tower, or support 
                        structure, and any equipment, switch, wiring, 
                        cabling, power source, shelter, or cabinet, 
                        associated with the licensed or permitted 
                        unlicensed wireless or wireline transmission of 
                        any writing, sign, signal, data, image, 
                        picture, or 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 
                                authorized device that does not require 
                                an individual license; and
                                    (III) is added to a tower, 
                                building, or other structure.
                    (C) Communications site.--The term ``communications 
                site'' means an area of covered land designated for 
                communications uses.
                    (D) Communications use.--The term ``communications 
                use'' means the placement and operation of a 
                communications facility.
                    (E) Communications use authorization.--The term 
                ``communications use authorization'' 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 primary 
                purpose of authorizing the occupancy and use of the 
                covered land for communications use.
                    (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 Department of the Interior or the 
                Department of Agriculture.
                    (H) Organizational unit.--The term ``organizational 
                unit'' means--
                            (i) with respect to public land 
                        administered by the Secretary of the Interior--
                                    (I) a State office;
                                    (II) a district office; or
                                    (III) a field office; and
                            (ii) within the Forest Service--
                                    (I) a regional office;
                                    (II) the headquarters;
                                    (III) a management unit; or
                                    (IV) a ranger district office.
                    (I) Secretary concerned.--The term ``Secretary 
                concerned'' means--
                            (i) the Secretary of the Interior, with 
                        respect to public land; and
                            (ii) the Secretary of Agriculture, with 
                        respect to National Forest System land.
            (2) Study required.--Not later than 1 year after the date 
        of enactment of this Act, the Secretary concerned shall submit 
        to the appropriate committees of Congress a report that--
                    (A) provides an assessment on programmatic or 
                administrative barriers to reviewing communications use 
                authorizations by the Department concerned or 
                organizational units of the Department concerned;
                    (B) provides an assessment whether there are rules 
                or regulations of the Department concerned that could 
                be revised to improve the efficiency of reviewing a 
                communications use authorization;
                    (C) describes the process for prioritizing the 
                review of a communications use authorization; and
                    (D) provides a plan to ensure adequate staffing 
                throughout organizational units of the Department 
                concerned to review communications use authorizations 
                in a timely manner.

SEC. 4. DIGITAL APPLICATIONS ACT.

    (a) Short Title.--This section may be cited as the ``Deploying 
Infrastructure with Greater Internet Transactions And Legacy 
Applications Act'' or the ``DIGITAL Applications Act''.
    (b) Establishment of an Online Portal for Form 299.--
            (1) Definitions.--In this section:
                    (A) Appropriate committees of congress.--The term 
                ``appropriate committees of Congress'' means--
                            (i) the Committee on Energy and Commerce of 
                        the House of Representatives;
                            (ii) the Committee on Natural Resources 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 Secretary of Commerce 
                for Communications and Information.
                    (C) Department concerned.--The term ``Department 
                concerned'' means the Department of the Interior or the 
                Department of Agriculture.
                    (D) 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.
                    (E) Secretary concerned.--The term ``Secretary 
                concerned'' means--
                            (i) the Secretary of the Interior, with 
                        respect to land administered by such Secretary; 
                        and
                            (ii) the Secretary of Agriculture, with 
                        respect to National Forest System land.
            (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 disposal 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 subparagraph (A), the Secretary 
                concerned shall notify the Assistant Secretary of such 
                establishment.
            (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 
        established 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:
                    (A) Appropriate committees of congress.--The term 
                ``appropriate committees of Congress'' means--
                            (i) the Committee on Energy and Commerce of 
                        the House of Representatives;
                            (ii) the Committee on Natural Resources 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 Secretary 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, wiring, 
                        cabling, power source, shelter, or cabinet, 
                        associated with the licensed or permitted 
                        unlicensed wireless or wireline 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 
                                authorized device that does not require 
                                an individual license; and
                                    (III) is added to a tower, 
                                building, or other structure.
                    (D) Communications use.--The term ``communications 
                use'' means the placement and operation of a 
                communications facility.
                    (E) Communications use authorization.--The term 
                ``communications use authorization'' 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 primary 
                purpose of authorizing the occupancy and use of the 
                covered land for communications use.
                    (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 Department 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 Secretary; 
                        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 described in 
                subparagraph (B), the Assistant Secretary shall submit 
                to the appropriate committees in Congress a report 
                that--
                            (i) describes whether the Department 
                        concerned has established an online portal for 
                        the acceptance, processing, and disposal of a 
                        Form 299; and
                            (ii) describes any barrier to the 
                        establishment of an online portal for the 
                        acceptance, processing, and disposal of a Form 
                        299.
                    (B) Notification described.--The Secretary 
                concerned shall notify the Assistant Secretary not 
                later than 3 business days after the Department 
                concerned has established an online portal for the 
                acceptance, processing, and disposal 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 ``broadband project'' 
        means an installation by a broadband provider of wireless or 
        broadband infrastructure, 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 originate 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, located 
                within the boundaries of an Indian reservation, 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 individual 
                        Indian;
                            (ii) by an Indian Tribe or an individual 
                        Indian, subject to restriction against 
                        alienation under laws of the United States; or
                            (iii) by a dependent Indian community.
            (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 construction or operation of a 
        project, including the locations of the roadway, bridges, 
        interchanges, culverts, drainage, clear zone, traffic control 
        signage, landscaping, 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.
            (6) Secretary concerned.--The term ``Secretary 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 respect 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 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 concerned may agree, to 
        enter into a memorandum of understanding 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 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.
            (2) Assumption of responsibilities.--
                    (A) In general.--In entering into a memorandum of 
                understanding under this subsection, the Secretary 
                concerned may assign to the State or Indian Tribe, and 
                the State or Indian Tribe may agree 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.).
                    (B) State or indian tribe responsibility.--
                            (i) In general.--A State or Indian Tribe 
                        that assumes any responsibility under 
                        subparagraph (A) shall be subject to the same 
                        procedural and substantive requirements as 
                        would apply if the responsibility were carried 
                        out by the Secretary concerned.
                            (ii) Effect of assumption of 
                        responsibility.--A State or Indian Tribe that 
                        assumes any responsibility, including financial 
                        responsibility, under subparagraph (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 terminated under paragraph (7).
                            (iii) Environmental review.--A State or 
                        Indian Tribe that assumes any responsibility 
                        under subparagraph (A) shall comply with the 
                        environmental review procedures 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 responsibility of 
                the Secretary concerned described in subparagraph (A) 
                that is not explicitly 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 Indian Tribe that 
        intends to offer to enter into a memorandum of understanding 
        under this subsection 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.
            (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--
                    (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 concerned 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 responsibility of the 
                        Secretary concerned assumed by the State or 
                        Indian Tribe;
                            (iii) certify that State laws and 
                        regulations, with respect to States, or Tribal 
                        laws and regulations, with respect to Indian 
                        Tribes, are in effect 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 providing that any decision 
                                regarding the public availability of a 
                                document under the State laws is 
                                reviewable by a court of competent 
                                jurisdiction;
                            (iv) agrees to maintain the financial 
                        resources necessary to carry out the 
                        responsibilities 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 adequately 
                        carrying out the responsibilities assigned to 
                        and assumed by the State or Indian Tribe;
                            (vi) agrees to return revenues generated 
                        from the use of public lands authorized under 
                        this section to the United States annually, in 
                        accordance with the Federal Land Policy 
                        Management Act of 1976 (43 U.S.C. 1701 et 
                        seq.); and
                            (vii) agrees to send a copy of all 
                        authorizing 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 memorandum of understanding;
                    (F) not be granted to a State on Indian Lands 
                without the consent of the relevant Indian 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 Secretary 
                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 participation of any State 
                or Indian Tribe in the program established under this 
                subsection if--
                            (i) the Secretary concerned determines 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 
                                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
                            (iii) the State or Indian Tribe, after the 
                        notification and period provided under clause 
                        (ii), fails to take satisfactory corrective 
                        action, as determined by the Secretary 
                        concerned.
                    (B) Termination by the state or indian tribe.--A 
                State or Indian Tribe may terminate the participation 
                of the State or Indian Tribe in the program established 
                under this subsection at any time by providing to the 
                Secretary concerned a notice of intent to terminate by 
                not later than the date that is 90 days before the date 
                of termination.
                    (C) Termination of memorandum of understanding with 
                state or indian tribe.--A State or an Indian Tribe may 
                terminate 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 Coordination.--
            (1) Establishment.--The Secretary concerned shall establish 
        a broadband permit streamlining team comprised of qualified 
        staff under paragraph (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 Secretary concerned, 
                in consultation with the National Conference of State 
                Historic Preservation Officers and the National Tribal 
                Historic Preservation 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 Indian 
                        Affairs; and
                            (iii) the Director of the United States 
                        Fish and Wildlife Service.
                    (B) Purpose.--The purpose of the memorandum of 
                understanding under subparagraph (A) is to coordinate 
                and expedite permitting decisions 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 
                subparagraph (A).
                    (D) Designation of qualified staff.--
                            (i) In general.--Not later than 30 days 
                        after the date of entrance into the memorandum 
                        of understanding under subparagraph (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 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 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 
                                preparation of biological opinions 
                                under section 7 of the Endangered 
                                Species Act of 1973 (16 U.S.C. 1536).
                            (ii) Duties.--Each employee designated 
                        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, 
                                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 subsection 
                                (c)(2)(A) relating to any issue 
                                described in subclause (A).
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