CLOSE THE GAP Act

Bill: 118-s-2855
Sponsor: full_name: Sen. Barrasso, John [R-WY]
Introduced: 2023-09-20
Policy area: Science, Technology, Communications
Subjects: Advisory bodies

Broadcasting, cable, digital technologies

Internet, web applications, social media

Land use and conservation

Licensing and registrations

Telephone and wireless communication

User charges and fees
Latest action: action_date: 2023-10-25
text: Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held. With printed Hearing: S.Hrg. 118-311.

Summaries:

tv_txt: II 118th CONGRESS 1st Session S. 2855 IN THE SENATE OF THE UNITED STATES September 20, 2023 Mr. Barrasso (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To modernize and streamline the permitting process for broadband infrastructure on Federal land, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Closing Long Overdue Streamlining Encumbrances To Help Expeditiously Generate Approved Permits Act or the CLOSE THE GAP Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Promulgation of regulations for streamlining purposes. Sec. 4. Online tracking of application progress. Sec. 5. Improving public safety on Federal land. Sec. 6. Previously disturbed rights-of-way exemption. Sec. 7. Wireless facility modifications. Sec. 8. Establishment of online portals. Sec. 9. Collection and retention of cost recovery fees. Sec. 10. Federal Land Management Agency Working Group. 2. Definitions In this Act: (1) Communications facility The term communications facility includes— (A) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and (B) any antenna or apparatus that— (i) is designed for the purpose of emitting radio frequency; (ii) (I) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Federal Communications Commission; or (II) is using duly authorized devices that do not require individual licenses; and (iii) is added to a tower, building, pole, cable, or other structure. (2) Communications site The term communications site means an area of Federal land available for communications use. (3) Communications use (A) In general The term communications use means the placement or operation of infrastructure for wireline or wireless telecommunications, including cable television, television, and radio communications, regardless of whether the 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 Federal Communications Commission. (B) Inclusions The term communications use includes any ancillary activities, uses, or facilities directly related to the placement or operation of infrastructure for wireline or wireless telecommunications. (4) 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 land for the construction, placement, and operation of a communications facility. (5) Cost recovery fee The term cost recovery fee means any fee collected by a Federal land management agency related to— (A) an application for a communications use authorization; or (B) the occupancy and use authorized by a communications use authorization pursuant to and consistent with authorizing law. (6) Covered land The term covered land means land managed by the Secretary concerned. (7) Electronic SF–299 The term electronic SF–299 means a version of Standard Form 299, or a substantially similar form, that has been digitally modified for online interaction. (8) Federal land The term Federal land means land under the jurisdiction and management of a Federal land management agency. (9) Federal land management agency The term Federal land management agency means— (A) the National Park Service; (B) the Bureau of Land Management; (C) the Bureau of Reclamation; (D) the United States Fish and Wildlife Service; (E) the Bureau of Indian Affairs; and (F) the Forest Service. (10) Organizational unit The term organizational unit means— (A) with respect to Federal land administered by the Secretary of the Interior— (i) a State office; (ii) a district office; (iii) a field office; or (iv) a regional office; and (B) with respect to the Forest Service— (i) a regional office; (ii) the headquarters; (iii) an administrative unit; or (iv) a ranger district office. (11) Previously disturbed Federal land The term previously disturbed Federal land means Federal land with respect to which a communications use authorization has been granted, issued, or executed. (12) Secretary concerned The term Secretary concerned means— (A) the Secretary of the Interior, with respect to Federal land under the jurisdiction and management of the Secretary of the Interior, acting through, as applicable— (i) the Commissioner of Reclamation; (ii) the Director of the National Park Service; (iii) the Director of the United States Fish and Wildlife Service; (iv) the Director of the Bureau of Land Management; and (v) the Director of the Bureau of Indian Affairs; and (B) the Secretary of Agriculture, with respect to National Forest System land, acting through the Chief of the Forest Service. (13) Standard Form 299 The term Standard Form 299 means the form developed by the Administrator of General Services 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. (14) Underserved broadband location The term underserved broadband location means any location that lacks access to broadband service with a speed of not less than— (A) 100 megabits per second for downloads; and (B) 20 megabits per second for uploads. (15) Unserved broadband location The term unserved broadband location means any location that lacks access to broadband service with a speed of not less than— (A) 25 megabits per second for downloads; and (B) 3 megabits per second for uploads. (16) Working group The term working group means the Federal Land Management Agency Working Group established by section 11(a). 3. Promulgation of regulations for streamlining purposes (a) Regulations Notwithstanding section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1455 ), not later than 1 year after the date of enactment of this Act, the Secretary concerned shall promulgate regulations— (1) to ensure, to the maximum extent practicable, that the process is uniform and standardized across applicable organizational units; (2) to require that applications to locate or modify communications facilities on covered land be considered and granted on a competitively neutral, technology neutral, and nondiscriminatory basis; and (3) to require that the cost recovery fee for locating or modifying covered facilities on covered land be— (A) calculated and assessed on an annual basis; and (B) based solely on costs incurred by the organizational unit in processing applications and overseeing any construction related thereto. (b) Requirements The regulations promulgated under subsection (a) shall— (1) include procedures for the tracking of applications described in subsection (a)(1), including— (A) identifying on a publicly available website the number of applications— (i) received; (ii) approved; and (iii) denied; (B) in the case of an application that is denied, requiring that the applicant be provided with— (i) a written decision describing the reasons for the denial; and (ii) an opportunity to cure or appeal the denial; and (C) describing the period of time between the receipt of an application and the issuance of a final decision on an application; and (2) provide for minimum lease terms of not less than 30 years for leases with respect to the location of communications facilities on covered land. (c) Additional considerations In promulgating regulations under subsection (a), the Secretary concerned shall consider— (1) how discrete reviews in considering an application described in paragraph (1) of that subsection can be conducted simultaneously, rather than sequentially, by any organizational units that must approve the location or modification; and (2) how to eliminate overlapping requirements among the organizational units with respect to the location or modification of a communications facility on covered land administered by the organizational units. (d) Communication of streamlined process to organizational units The Secretary concerned shall, with respect to the regulations promulgated under subsection (a)— (1) communicate the regulations to the applicable organizational units; and (2) ensure that those organizational units follow the regulations. (e) Savings provisions (1) Real property authorities Nothing in this section provides any executive agency or organizational unit with any new leasing or other real property authorities not in existence before the date of enactment of this Act. (2) Effect on other laws (A) In general Nothing in this section, including any action taken pursuant to this section, affects a decision or determination made by any executive agency before the date of enactment of this Act to sell, dispose of, declare excess or surplus, lease, reuse, or redevelop any Federal real property pursuant to title 40, United States Code, the Federal Assets Sale and Transfer Act of 2016 ( 40 U.S.C. 1303 note; Public Law 114–287 ), or any other law governing real property activities of the Federal Government. (B) Agreements No agreement entered into pursuant to this section obligates the Federal Government to hold, control, or otherwise retain or use real property that may otherwise be deemed as excess, surplus, or that could otherwise be sold, leased, or redeveloped. 4. Online tracking of application progress (a) Sense of Congress It is the sense of Congress that communications projects (as defined in section 41001 of the FAST Act ( 42 U.S.C. 4370m )) should be, under title XLI of the FAST Act ( 42 U.S.C. 4370m et seq. ), considered a high priority as having an increased regional or national economic significance. (b) Communications projects as covered projects Section 41001 of the FAST Act ( 42 U.S.C. 4370m ) is amended— (1) by redesignating paragraphs (4) through (18) as paragraphs (5) through (19), respectively; (2) by inserting after paragraph (3) the following: (4) Communications project (A) In general The term communications project means any construction project carried out at a communications site. (B) Other terms For purposes of this paragraph: (i) Communications facility The term communications facility includes— (I) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and (II) any antenna or apparatus that— (aa) is designed for the purpose of emitting radio frequency; (bb) (AA) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Federal Communications Commission; or (BB) is using duly authorized devices that do not require individual licenses; and (cc) is added to a tower, building, pole, cable, or other structure. (ii) Communications site The term communications site means an area of Federal land available for communications use. (iii) Communications use (I) In general The term communications use means the placement or operation of infrastructure for wireline or wireless telecommunications, including cable television, television, and radio communications, regardless of whether the 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 Federal Communications Commission. (II) Inclusions The term communications use includes any ancillary activities, uses, or facilities directly related to the placement or operation of infrastructure for wireline or wireless telecommunications. (iv) Federal land The term Federal land means land under the jurisdiction and management of a Federal land management agency. (v) Federal land management agency The term Federal land management agency means— (I) the National Park Service; (II) the Bureau of Land Management; (III) the Bureau of Reclamation; (IV) the United States Fish and Wildlife Service; (V) the Forest Service; and (VI) the Bureau of Indian Affairs. ; and (3) in paragraph (7)(A) (as so redesignated)— (A) in the matter preceding clause (i), by inserting communications projects, after carbon capture, ; and (B) in clause (i), by striking subclause (II) and inserting the following: (II) is likely to require a total investment— (aa) in the case of a communications project, of any amount; and (bb) in the case of any other activity, of more than $200,000,000; and . 5. Improving public safety on Federal land Not later than 30 days after the date of enactment of this Act, the Secretary concerned shall direct the head of each Federal land management agency under the jurisdiction of the Secretary concerned to establish a new categorical exclusion from the requirements of title I of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ) for projects involving an existing communications facility that would improve public safety on Federal land, such as— (1) providing backup power for the communications facility; (2) improving supporting infrastructure at the communications facility; or (3) providing more reliable or redundant connection capabilities using the communications facility. 6. Previously disturbed rights-of-way exemption No review shall be required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) or division A of subtitle III of title 54, United States Code, as a condition of granting a communications use authorization for the occupancy and use of previously disturbed Federal land. 7. Wireless facility modifications Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1455(a) ) is amended by striking paragraph (3). 8. Establishment of online portals (a) In general Not later than 1 year after the date of enactment of this Act, each Federal land management agency shall establish an online portal to accept an electronic SF–299. (b) Coordination The Federal land management agencies shall coordinate with each other to establish uniform versions of the online portal required under subsection (a). 9. Collection and retention of cost recovery fees (a) Collection and retention of cost recovery fees associated with communications use authorizations on Federal land and Federal land management agency support for communications site programs (1) 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 cost recovery fees received by the Federal land management agency relating to communications use authorizations granted, issued, or executed by the Federal land management agency. (2) Requirements for cost recovery fees Notwithstanding any other provision of law, any cost recovery fees collected by a Federal land management agency pursuant to this section shall be— (A) collected only to the extent provided in advance in an appropriations Act; and (B) imposed on a competitively neutral, technology-neutral, and nondiscriminatory basis with respect to other uses of the applicable communications site. (3) Deposit and retention of cost recovery fees Cost recovery fees received by a Federal land management agency shall— (A) be deposited in the special account established for that Federal land management agency under paragraph (1); and (B) remain available for expenditure under paragraph (4), to the extent and in such amounts as are provided in advance in appropriations Acts. (4) Expenditure of retained fees Amounts deposited in the special account established for a Federal land management agency under paragraph (1) shall be used by the Federal land management agency for activities relating to communications use authorizations or communications sites, including the following: (A) Administering communications use authorizations, including through cooperative agreements under subsection (b). (B) Preparing needs assessments or other programmatic analyses necessary to establish communications sites and authorize communications uses on or adjacent to Federal land. (C) Developing management plans for the placement of communications sites on or adjacent to Federal land on a competitively neutral, technology-neutral, nondiscriminatory basis. (D) Training for management of communications sites on or adjacent to Federal land. (E) Obtaining, improving access to, or establishing communications sites on or adjacent to Federal land. (F) Hiring and training personnel to perform duties that will help— (i) to streamline permitting processes associated with communications use authorizations and the use of communications sites for communications use on Federal land; and (ii) to reduce the time it takes for permits relating to communications use authorizations and the use of communications sites for communications use on Federal land to be approved. (5) No effect on other fee retention authorities This subsection shall not limit or otherwise affect fee retention by a Federal land management agency under any other authority. (b) Cooperative agreement authority The Secretary of the Interior may enter into cooperative agreements to carry out the activities described in subsection (a)(4). (c) 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). . 10. Federal Land Management Agency Working Group (a) Establishment There is established a working group, to be known as the Federal Land Management Agency Working Group . (b) Membership The working group shall be composed of 1 representative of each of the Federal land management agencies, to be appointed by the Secretary concerned. (c) Duties The working group shall— (1) periodically meet to coordinate and expedite the review of applications for communications use authorizations; and (2) coordinate with the Federal Communications Commission to use broadband location data created under section 802(c) of the Communications Act of 1934 ( 47 U.S.C. 642(c) ) to identify unserved locations that may need to use a Federal right-of-way and prepare for potential communications use authorization applications.