Library / Laws / 115th / hr / H.R. 2425 / Reported in House
IB
Union Calendar No. 861
115th CONGRESS
2d Session
H. R. 2425
[Report No. 115–1086, Part I]
IN THE HOUSE OF REPRESENTATIVES
May 16, 2017
Mr. Huffman introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
December 20, 2018
Reported from the Committee on Natural Resources with an amendment
Strike out all after the enacting clause and insert the part printed in italic
December 20, 2018Referral to the Committee on Agriculture extended for a period ending not later than December 28, 2018
December 28, 2018Additional sponsors: Mr. LaMalfa, Ms. DelBene, Ms. Tsongas, Mr. Kilmer, and Ms. Eshoo
December 28, 2018Committee on Agriculture discharged; committed to the Committee of the Whole House on the State of the
Union and ordered to be printedFor text of introduced bill, see copy of bill as introduced on May 16, 2017
A BILL
To support the establishment and improvement of communications sites on or adjacent to Federal
lands under the jurisdiction of the Secretary of the Interior or the
Secretary of Agriculture through the retention and use of rental fees
associated with such sites, and for other purposes.
1.
Short title
This Act may be cited as the Public Lands Telecommunications Act.
2.
Definitions
In this Act:
(1)
Communications site
The term communications site means an area of Federal lands available for communications use.
(2)
Communications use
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 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. The term includes any 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 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, the Bureau of Reclamation, and the Forest Service.
(5)
Federal lands
The term Federal lands means lands under the jurisdiction and management of a Federal land management agency.
(6)
Rental fee
The term rental fee means any fee collected by a Federal land management agency related to the occupancy and use authorized by a communications use authorization pursuant to and consistent with authorizing law.
3.
Collection and Retention of rental fees associated with communications use authorizations on
Federal lands and Federal land management agency support for communication
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 a Federal land management agency for communications use authorizations on Federal lands granted, issued, or executed by the Federal land management agency.
(b)
Competitively neutral
Notwithstanding any other provision of law, any rental fees collected pursuant to this Act shall be imposed on a competitively neutral, technology-neutral, and nondiscriminatory basis with respect to other uses of the communication site.
(c)
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; and
(2) remain available for expenditure under subsection (d), to the extent and in such amounts as are provided in advance in appropriation Acts.
(d)
Expenditure of retained fees
Amounts deposited in the special account for a Federal land management agency shall be used for Federal land management agency activities related to communications sites, 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.
(3) Developing management plans for communications sites on or adjacent to Federal lands on a competitively neutral, technology-neutral, nondiscriminatory basis.
(4) Training for management of communications sites on or adjacent to Federal lands.
(5) Obtaining, improving access to, or establishing communications sites on or adjacent to Federal lands.
(e)
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.
4.
Cooperative agreement authority
(a)
Department of the interior
The Secretary of the Interior may enter into cooperative agreements to carry out the activities described in section 3(d).
(b)
Forest service
The Secretary of Agriculture, acting through the Chief of the Forest Service, may enter into cooperative agreements to carry out the activities described in section 3(d).
December 28, 2018
Committee on Agriculture discharged; committed to the Committee of the Whole House on the State of the
Union and ordered to be printed