Public Lands Telecommunications Act
Bill: H.R.6982 | Sponsor: Rep. Huffman, Jared (D-CA)
Policy area: Public Lands and Natural Resources

Summary:
Public Lands Telecommunications Act
This bill directs the Department of the Treasury to establish separate special accounts for the National Park Service, the U.S. Fish and Wildlife Service, the Bureau of Land Management, and the Bureau of Reclamation for the deposit of rental fees received by such agencies under communications use authorizations, which allow for the occupancy and use of federal lands for communications purposes.
The rental fees received by each agency shall
The Departments of the Interior and Agriculture may enter into cooperative agreements to carry out activities related to communications sites.

To support the establishment and improvement of communications sites on 
 or adjacent to Federal lands through the retention and use of rental 
        fees associated with such sites, 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 ``Public Lands Telecommunications 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Communications site.--The term ``communications site'' 
        means an area of Federal lands designated or approved for 
        communications use.
            (2) Communications use.--The term ``communications use''--
                    (A) means the placement, operation, or both, of 
                infrastructure for wireline or wireless 
                telecommunications, including cable television, 
                television, and radio communications, regardless of 
                whether such placement or operation is pursuant to a 
                license issued by the Federal Communications Commission 
                or on an unlicensed basis in accordance with the 
                regulations of the Commission; and
                    (B) includes ancillary activities, uses, or 
                facilities directly related to such placement or 
                operation.
            (3) Communications use authorization.--The term 
        ``communications use authorization'' means a right-of-way, 
        permit, or lease granted, issued, or executed by a Federal land 
        management agency for the primary purpose of authorizing the 
        occupancy and use of Federal lands for communications use.
            (4) Federal lands.--The term ``Federal lands'' means lands 
        under the jurisdiction and management of a Federal land 
        management agency.
            (5) Federal land management agency.--The term ``Federal 
        land management agency'' means the National Park Service, the 
        United States Fish and Wildlife Service, the Bureau of Land 
        Management, and the Bureau of Reclamation.
            (6) Rental fee.--The term ``rental fee'' means a fee 
        collected by a Federal land management agency for the occupancy 
        and use authorized by a communications use authorization 
        pursuant to and consistent with authorizing law.

SEC. 3. COLLECTION AND RETENTION OF RENTAL FEES ASSOCIATED WITH 
              COMMUNICATIONS USE AUTHORIZATIONS ON FEDERAL LANDS AND 
              FEDERAL LAND MANAGEMENT AGENCY SUPPORT FOR COMMUNICATIONS 
              SITE PROGRAMS.

    (a) Special Account Required.--The Secretary of the Treasury shall 
establish a special account in the Treasury for each Federal land 
management agency for the deposit of rental fees received by the 
Federal land management agency pursuant to this Act.
    (b) Fair Market Value.--Notwithstanding any other provision of law, 
any rental fee collected pursuant to this Act shall be of a fair market 
value with respect to other uses of the communications site.
    (c) Rental Fees.--
            (1) Limitation on amount of rental fees.--Rental fees shall 
        not exceed the fee schedules published by the Secretary of the 
        Interior for communications use rights-of-way or the fair 
        market value under subsection (b), whichever is greater.
            (2) Revision of rental fee schedules for communications 
        sites rights-of-way.--Not later than 2 years after the date of 
        the enactment of this Act, through a public process that 
        includes consideration of industry comments, the Secretary of 
        the Interior shall revise the communications sites rights-of-
        way rental fee schedule to reflect fair market value and 
        current communications technologies, including the physical 
        footprint of such technologies.
    (d) Deposit and Retention of Rental Fees.--Rental fees received by 
a Federal land management agency shall--
            (1) be deposited in the special account established for 
        that Federal land management agency under subsection (a); and
            (2) remain available for expenditure under subsection (e), 
        to the extent and in such amounts as are provided in advance in 
        appropriation Acts.
    (e) Expenditure of Retained Fees.--Amounts deposited in the special 
account for a Federal land management agency pursuant to this Act shall 
be used solely by that Federal land management agency for activities 
related to communications sites on lands managed by that Federal land 
management agency, including the following:
            (1) Administering communications use authorizations, 
        including cooperative agreements under section 4.
            (2) Preparing needs assessments or other programmatic 
        analyses necessary to establish communications sites and 
        authorize communications uses on or adjacent to Federal lands 
        managed by that Federal land management agency.
            (3) Developing management plans for communications sites on 
        or adjacent to Federal lands managed by that Federal land 
        management agency on a competitively neutral, technology 
        neutral, nondiscriminatory basis.
            (4) Training for management of communications sites on or 
        adjacent to Federal lands managed by that Federal land 
        management agency.
            (5) Obtaining, improving access to, or establishing 
        communications sites on or adjacent to Federal lands managed by 
        that Federal land management agency.
    (f) No Effect on Other Fee Retention Authorities.--This Act shall 
not limit or otherwise affect fee retention by a Federal land 
management agency under any other authority.

SEC. 4. COOPERATIVE AGREEMENT AUTHORITY.

    The Secretary of the Interior may enter into cooperative agreements 
to carry out the activities described in section 3(e).

SEC. 5. CLARIFICATION OF COOPERATIVE AGREEMENT AUTHORITY OF THE 
              SECRETARY OF AGRICULTURE.

    Section 8705(f) of the Agriculture Improvement Act of 2018 (43 
U.S.C. 1761a(f)) is amended by adding at the end the following:
            ``(6) Cooperative agreement authority.--The Secretary may 
        enter into cooperative agreements to carry out the activities 
        described in subparagraphs (A) through (D) of paragraph (4).''.
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