Title: Highway Rights-of-Way Permitting Efficiency Act of 2017
Policy area: Transportation and Public Works

Summary:
Highway Rights-of-Way Permitting Efficiency Act of 2017
This bill requires the Department of Agriculture (USDA), with respect to National Forest System land, and the Department of the Interior, with respect to Bureau of Land Management (BLM) land, to establish a program to enter into memoranda of understanding with states to allow for the permitting of broadband within an operational right-of-way to enable broadband providers to install infrastructure that allows users to originate and receive high-quality voice, data, graphics, and video telecommunications.
The "operational right-of-way" is defined as all real property interests (including easements) acquired for the construction or operation of a project.
A state's governor, or a state's top-ranking transportation official in charge of highway construction, may enter into such a memorandum for a term not to exceed 10 years if the state consents to: (1) federal court jurisdiction, (2) federal environmental review procedures, (3) judicial review of decisions regarding the public availability of documents, (4) maintenance of necessary financial resources, and (5) the provision of any information that USDA or Interior needs to ensure that the state is carrying out its responsibilities.
USDA and Interior must designate projects within an existing operational right-of-way as actions categorically excluded from federal regulations relating to environmental assessments or environmental impact statements.
Interior must establish a Federal Permit Streamlining Project in each BLM field office with responsibility for issuing permits for broadband projects. Under the program, Interior acts as the lead agency for the issuance of a single permit on behalf of all other federal agencies involved in a broadband project through a memorandum of understanding with USDA, the Environmental Protection Agency, the Federal Highway Administration, and the U.S. Fish and Wildlife Service.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 604 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 604

 To allow certain State permitting authority to encourage expansion of 
    broadband service to rural communities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 9, 2017

 Mr. Hatch (for himself, Mr. Daines, and Mrs. Fischer) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To allow certain State permitting authority to encourage expansion of 
    broadband service to rural communities, 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 ``Highway Rights-of-Way Permitting 
Efficiency Act of 2017''.

SEC. 2. FINDINGS.

    Congress finds that, as of the date of enactment of this Act--
            (1) the United States has been the world leader in Internet 
        and telecommunications technology growth, and the people of the 
        United States now rely on broadband connectivity as an 
        increasingly necessary part of daily life;
            (2) broadband services are used by private citizens, 
        businesses, public groups, and government agencies throughout 
        the United States to communicate, access information, share 
        cultures, develop technologies, and grow economies nationally 
        and internationally;
            (3) while wireless and broadband technologies have 
        contributed significantly to progress throughout the United 
        States, lack of broadband deployment to rural communities has 
        put rural parties at a greater disadvantage for economic 
        development; and
            (4) delays in the permitting process are costly and 
        discouraging to broadband deployment and further discourage 
        broadband deployment to rural areas.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Broadband project.--The term ``broadband project'' 
        means a project under which a broadband provider installs 
        broadband infrastructure, including copper lines or fiber optic 
        lines, on Federal land.
            (2) Broadband provider.--The term ``broadband provider'' 
        means a facilities-based provider of broadband capability that 
        enables a user to originate and receive high-quality voice, 
        data, graphics, and video telecommunications.
            (3) 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.
            (4) Project.--The term ``project'' has the meaning given 
        the term in section 101(a) of title 23, United States Code.
            (5) 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 Bureau of Land Management 
                (including land held for the benefit of an Indian 
                tribe).

SEC. 4. STATE PERMITTING AUTHORITY.

    (a) In General.--The Secretaries concerned shall jointly establish 
a program under which any State may offer, and the Secretary concerned 
shall agree, to enter into a memorandum of understanding with the 
Secretary concerned to allow for the permitting of broadband within an 
operational right-of-way in accordance with this section.
    (b) Assumption of Responsibilities.--
            (1) In general.--In entering into a memorandum of 
        understanding under this section, the Secretary concerned may 
        assign to the State, and the State may agree to assume, all or 
        part of the responsibilities of the Secretary concerned for 
        environmental review, consultation, or other action required 
        under any Federal environmental law pertaining to the review or 
        approval of a specific operational right-of-way broadband 
        project.
            (2) State responsibility.--
                    (A) In general.--A State that assumes any 
                responsibility under paragraph (1) shall be subject to 
                the same procedural and substantive requirements as 
                would apply if the responsibility were carried out by 
                the Secretary concerned.
                    (B) Effect of assumption of responsibility.--A 
                State that assumes any responsibility under paragraph 
                (1) shall be solely responsible and solely liable for 
                carrying out, in lieu of the Secretary concerned, the 
                responsibilities assumed under that paragraph until 
                date on which the program is terminated under 
                subsection (f).
                    (C) Environmental review.--A State that assumes any 
                responsibility under paragraph (1) shall comply with 
                the environmental review procedures under part 771 of 
                title 23, Code of Federal Regulations (or successor 
                regulations).
            (3) Federal responsibility.--Any responsibility of the 
        Secretary concerned described in paragraph (1) that is not 
        explicitly assumed by the State in the memorandum of 
        understanding shall remain the responsibility of the Secretary 
        concerned.
    (c) Offer and Notification.--A State 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 not later 
than 90 days before the date on which the State submits a formal 
written offer to the Secretary concerned.
    (d) Memorandum of Understanding.--A memorandum of understanding 
entered into under this section shall--
            (1) be executed by the Governor or the top-ranking 
        transportation official in the State who is charged with 
        responsibility for highway construction;
            (2) be for a term not to exceed 10 years;
            (3) be in such form as the Secretary concerned may 
        prescribe; and
            (4) provide that the State--
                    (A) agrees to assume all or part of the 
                responsibilities of the Secretary concerned described 
                in subsection (b)(1);
                    (B) expressly consents, on behalf of the State, 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;
                    (C) certifies that State laws (including 
                regulations) are in effect that--
                            (i) authorize the State 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;
                    (D) agrees to maintain the financial resources 
                necessary to carry out the responsibilities being 
                assumed; and
                    (E) agrees to provide to the Secretary concerned 
                any information the Secretary concerned considers 
                necessary to ensure that the State is adequately 
                carrying out the responsibilities assigned to and 
                assumed by the State.
    (e) Limitation.--Nothing in this section permits a State to assume 
any rulemaking authority of the Secretary concerned under any Federal 
law.
    (f) Termination.--
            (1) Termination by the secretary.--The Secretary concerned 
        may terminate the participation of any State in the program 
        established under this section if--
                    (A) the Secretary concerned determines that the 
                State is not adequately carrying out the 
                responsibilities assigned to and assumed by the State;
                    (B) the Secretary concerned provides to the State--
                            (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, after the notification and period 
                provided under subparagraph (B), fails to take 
                satisfactory corrective action, as determined by the 
                Secretary concerned.
            (2) Termination by the state.--A State may terminate the 
        participation of the State in the program established under 
        this section 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.

SEC. 5. CATEGORICAL EXCLUSION FOR PROJECTS WITHIN OPERATIONAL RIGHTS-
              OF-WAY.

    The Secretary concerned shall--
            (1) not later than 180 days after the date of enactment of 
        this Act, designate any project within an existing operational 
        right-of-way as an action categorically excluded from the 
        requirements relating to environmental assessments or 
        environmental impact statements under section 1508.4 of title 
        40, Code of Federal Regulations, and section 771.117(c) of 
        title 23, Code of Federal Regulations (or successor 
        regulations); and
            (2) not later than 150 days after the date of enactment of 
        this Act, promulgate regulations to carry out paragraph (1).

SEC. 6. FEDERAL BROADBAND PERMIT COORDINATION.

    (a) Definition of Secretary.--In this section, the term 
``Secretary'' means the Secretary of the Interior.
    (b) Establishment.--The Secretary shall establish a Federal Permit 
Streamlining Project in each Bureau of Land Management field office 
with responsibility for issuing permits for broadband projects.
    (c) Memorandum of Understanding.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        National Conference of State Historic Preservation Officers, 
        shall enter into a memorandum of understanding to carry out 
        this section with--
                    (A) the Secretary of Agriculture;
                    (B) the Administrator of the Environmental 
                Protection Agency;
                    (C) the Administrator of the Federal Highway 
                Administration; and
                    (D) the Director of the United States Fish and 
                Wildlife Service.
            (2) Lead agency.--As part of the memorandum of 
        understanding under paragraph (1), the Secretary shall act as 
        the lead agency in issuing a single permit for each broadband 
        project on behalf of all Federal agencies involved in the 
        broadband project.
            (3) State participation.--The Secretary may request that 
        the Governor of any State with one or more broadband projects 
        be a party to the memorandum of understanding under paragraph 
        (1).
            (4) Designation of qualified staff.--
                    (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) shall, if the head of the 
                Federal agency determines it to be appropriate, 
                designate to each Bureau of Land Management field 
                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.);
                            (ii) the preparation of analyses under the 
                        National Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.);
                            (iii) programs under chapter 1 and chapter 
                        2 of title 23, United States Code; or
                            (iv) consultation and the preparation of 
                        biological opinions under section 7 of the 
                        Endangered Species Act of 1973 (16 U.S.C. 
                        1536).
                    (B) Duties.--Each employee designated under 
                subparagraph (A) shall--
                            (i) not later than 90 days after the date 
                        of designation, report to the manager of the 
                        Bureau of Land Management field office to which 
                        the employee is assigned;
                            (ii) be responsible for any issue relating 
                        to any broadband project within the 
                        jurisdiction of the field office described in 
                        clause (i) under the authority of the Federal 
                        agency from which the employee is assigned;
                            (iii) participate as part of the team of 
                        personnel working on one or more proposed 
                        broadband projects, including planning and 
                        environmental analyses; and
                            (iv) serve as the designated point of 
                        contact with any applicable State that assumes 
                        any responsibility under section 4(b)(1) 
                        relating to any issue described in clause (ii).
    (d) Funding.--This section shall be carried out using such amounts 
as are necessary from other amounts available that are not otherwise 
obligated.
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