,,ii  #aaeth ,,congress  #ast ,session  
,s4 #fjd  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #i1 #bjag    
,mr4 ,hatch 7for himself1 ,mr4 ,daines1 
and ,mrs4 ,fischer7 introduced the      
following bill2 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 
communities1 and for other purposes4    
#a4 ,short title  ,this ,act may be     
cited as the ,highway ,rights-of-,way   
,permitting ,efficiency ,act of #bjag4  
#b4 ,findings ,congress finds that1 as  
of the date of enactment of this ,act-- 
7#a7 the ,united ,states has been the   
world leader in ,internet and           
telecommunications technology growth1   
and the people of the ,united ,states   
now rely on broadband connectivity as an
 increasingly necessary part of daily   
life2  7#b7 broadband services are used 
by private citizens1 businesses1 public 

groups1 and government agencies         
throughout the ,united ,states to       
communicate1 access information1 share  
cultures1 develop technologies1 and grow
 economies nationally and               
internationally2  7#c7 while wireless   
and broadband technologies have         
contributed significantly to progress   
throughout the ,united ,states1 lack of 
broadband deployment to rural           
communities has put rural parties at a  
greater disadvantage for economic       
development2 and  7#d7 delays in the    
permitting process are costly and       
discouraging to broadband deployment and
 further discourage broadband deployment
 to rural areas4  #c4 ,definitions ,in  
this ,act3 7#a7 ,broadband project ,the 
term broadband project means a project  
under which a broadband provider        
installs broadband infrastructure1      
including copper lines or fiber optic   
lines1 on ,federal land4  7#b7          
,broadband provider ,the term broadband 
provider means a facilities-based       

provider of broadband capability that   
enables a user to originate and receive 
high-quality voice1 data1 graphics1 and 
video telecommunications4  7#c7         
,operational right-of-way ,the term     
operational right-of-way means all real 
property interests 7including easements7
 acquired for the construction or       
operation of a project1 including the   
locations of the roadway1 bridges1      
interchanges1 culverts1 drainage1 clear 
zone1 traffic control signage1          
landscaping1 copper and fiber optic     
lines1 utility shelters1 and broadband  
infrastructure as installed by broadband
 providers1 and any rest areas with     
direct access to a controlled access    
highway or the ,national ,highway       
,system4  7#d7 ,project ,the term       
project has the meaning given the term  
in section #aja7;a7 of title #bc1       
,united ,states ,code4  7#e7 ,secretary 
concerned ,the term ,secretary concerned
 means--  7,a7 the ,secretary of        
,agriculture 7acting through the ,chief 

of the ,forest ,service71 with respect  
to ,national ,forest ,system land2 and  
7,b7 the ,secretary of the ,interior1   
with respect to land managed by the     
,bureau of ,land ,management 7including 
land held for the benefit of an ,indian 
tribe74  #d4 ,state permitting authority
  7a7 ,in general ,the ,secretaries     
concerned shall jointly establish a     
program under which any ,state may      
offer1 and the ,secretary concerned     
shall agree1 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    
section4  7b7 ,assumption of            
responsibilities  7#a7 ,in general ,in  
entering into a memorandum of           
understanding under this section1 the   
,secretary concerned may assign to the  
,state1 and the ,state may agree to     
assume1 all or part of the              
responsibilities of the ,secretary      
concerned for environmental review1     

consultation1 or other action required  
under any ,federal environmental law    
pertaining to the review or approval of 
a specific operational right-of-way     
broadband project4  7#b7 ,state         
responsibility  7,a7 ,in general ,a     
,state that assumes any responsibility  
under paragraph 7#a7 shall be subject to
 the same procedural and substantive    
requirements as would apply if the      
responsibility were carried out by the  
,secretary concerned4  7,b7 ,effect of  
assumption of responsibility ,a ,state  
that assumes any responsibility under   
paragraph 7#a7 shall be solely          
responsible and solely liable for       
carrying out1 in lieu of the ,secretary 
concerned1 the responsibilities assumed 
under that paragraph until date on which
 the program is terminated under        
subsection 7f74  7,c7 ,environmental    
review ,a ,state that assumes any       
responsibility under paragraph 7#a7     
shall comply with the environmental     
review procedures under part #gga of    

title #bc1 ,code of ,federal            
,regulations 7or successor regulations74
  7#c7 ,federal responsibility ,any     
responsibility of the ,secretary        
concerned described in paragraph 7#a7   
that is not explicitly assumed by the   
,state in the memorandum of             
understanding shall remain the          
responsibility of the ,secretary        
concerned4  7c7 ,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 #ij 
days before the date on which the ,state
 submits a formal written offer to the  
,secretary concerned4  7d7 ,memorandum  
of understanding ,a memorandum of       
understanding entered into under this   
section shall-- 7#a7 be executed by the 
,governor or the top-ranking            
transportation official in the ,state   
who is charged with responsibility for  
highway construction2  7#b7 be for a    

term not to exceed #aj years2  7#c7 be  
in such form as the ,secretary concerned
 may prescribe2 and  7#d7 provide that  
the ,state-- 7,a7 agrees to assume all  
or part of the responsibilities of the  
,secretary concerned described in       
subsection 7b77#a72  7,b7 expressly     
consents1 on behalf of the ,state1 to   
accept the jurisdiction of the ,federal 
courts for the compliance1 discharge1   
and enforcement of any responsibility of
 the ,secretary concerned assumed by the
 ,state2  7,c7 certifies that ,state    
laws 7including regulations7 are in     
effect that-- 7i7 authorize the ,state  
to take the actions necessary to carry  
out the responsibilities being assumed2 
and  7ii7 are comparable to section #eeb
 of title #e1 ,united ,states ,code1    
including providing that any decision   
regarding the public availability of a  
document under the ,state laws is       
reviewable by a court of competent      
jurisdiction2  7,d7 agrees to maintain  
the financial resources necessary to    

carry out the responsibilities being    
assumed2 and  7,e7 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 ,state4  7e7 ,limitation        
,nothing in this section permits a      
,state to assume any rulemaking         
authority of the ,secretary concerned   
under any ,federal law4  7f7            
,termination  7#a7 ,termination by the  
,secretary ,the ,secretary concerned may
 terminate the participation of any     
,state in the program established under 
this section if--  7,a7 the ,secretary  
concerned determines that the ,state is 
not adequately carrying out the         
responsibilities assigned to and assumed
 by the ,state2  7,b7 the ,secretary    
concerned provides to the ,state-- 7i7  
notification of the determination of    
noncompliance2 and  7ii7 a period of at 
least #cj days during which to take such

 corrective action as the ,secretary    
concerned determines is necessary to    
comply with the applicable agreement2   
and  7,c7 the ,state1 after the         
notification and period provided under  
subparagraph 7,b71 fails to take        
satisfactory corrective action1 as      
determined by the ,secretary concerned4 
7#b7 ,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 #ij days    
before the date of termination4  #e4    
,categorical exclusion for projects     
within operational rights-of-way ,the   
,secretary concerned shall-- 7#a7 not   
later than #ahj days after the date of  
enactment of this ,act1 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 #aejh4d of title #dj1 ,code of  
,federal ,regulations1 and section      
#gga4aag7;c7 of title #bc1 ,code of     
,federal ,regulations 7or successor     
regulations72 and  7#b7 not later than  
#aej days after the date of enactment of
 this ,act1 promulgate regulations to   
carry out paragraph 7#a74  #f4 ,federal 
broadband permit coordination  7a7      
,definition of ,secretary ,in this      
section1 the term ,secretary means the  
,secretary of the ,interior4  7b7       
,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 projects4  7c7 ,memorandum of 
understanding  7#a7 ,in general ,not    
later than #ij days after the date of   
enactment of this ,act1 the ,secretary1 
in consultation with the ,national      
,conference of ,state ,historic         
,preservation ,officers1 shall enter    

into a memorandum of understanding to   
carry out this section with--  7,a7 the 
,secretary of ,agriculture2  7,b7 the   
,administrator of the ,environmental    
,protection ,agency2  7,c7 the          
,administrator of the ,federal ,highway 
,administration2 and  7,d7 the ,director
 of the ,united ,states ,fish and       
,wildlife ,service4  7#b7 ,lead agency  
,as part of the memorandum of           
understanding under paragraph 7#a71 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 project4  7#c7 ,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 7#a74     
7#d7 ,designation of qualified staff    
7,a7 ,in general ,not later than #cj    
days after the date of entrance into the
 memorandum of understanding under      

paragraph 7#a71 the head of each        
,federal agency that is a party to the  
memorandum of understanding 7other than 
the ,secretary7 shall1 if the head of   
the ,federal agency determines it to be 
appropriate1 designate to each ,bureau  
of ,land ,management field office an    
employee of that ,federal agency with   
expertise in regulatory issues relating 
to that ,federal agency1 including1 as  
applicable1 particular expertise in--   
7i7 planning under the ,forest and      
,rangeland ,renewable ,resources        
,planning ,act of #aigd 7#af ,u4,s4,c4  
#afjj et seq472  7ii7 the preparation of
 analyses under the ,national           
,environmental ,policy ,act of #aifi    
7#db ,u4,s4,c4 #dcba et seq472  7iii7   
programs under chapter #a and chapter #b
 of title #bc1 ,united ,states ,code2 or
  7iv7 consultation and the preparation 
of biological opinions under section #g 
of the ,endangered ,species ,act of     
#aigc 7#af ,u4,s4,c4 #aecf74  7,b7      
,duties ,each employee designated under 

subparagraph 7,a7 shall-- 7i7 not later 
than #ij days after the date of         
designation1 report to the manager of   
the ,bureau of ,land ,management field  
office to which the employee is         
assigned2  7ii7 be responsible for any  
issue relating to any broadband project 
within the jurisdiction of the field    
office described in clause 7i7 under the
 authority of the ,federal agency from  
which the employee is assigned2  7iii7  
participate as part of the team of      
personnel working on one or more        
proposed broadband projects1 including  
planning and environmental analyses2 and
  7iv7 serve as the designated point of 
contact with any applicable ,state that 
assumes any responsibility under section
 #d7;b77#a7 relating to any issue       
described in clause 7ii74  7d7 ,funding 
,this section shall be carried out using
 such amounts as are necessary from     
other amounts available that are not    
otherwise obligated4