,i #aafth ,,congress #ast ,session ,h4 ,r4 #bib ,,in ,,the ,,house ,,of ,,representatives ,january #h1 #bjai ,mr4 ,curtis introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on ,agriculture1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to allow certain ,state and ,tribal permitting authority to encourage expansion of broadband service to rural and ,tribal communities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,rural ,broadband ,permitting ,efficiency ,act of #bjai4 #b4 ,definitions ,in this ,act3 7#a7 ,broadband project ,the term broadband project means an installation by a broadband provider of wireless or broadband infrastructure1 including but not limited to1 copper lines1 fiber optic lines1 communications towers1 buildings1 or other improvements on ,federal land4 7#b7 ,broadband provider ,the term broadband provider means a provider of wireless or broadband infrastructure that enables a user to originate and receive high-quality voice1 data1 graphics1 and video telecommunications4 7#c7 ,indian lands ,the term ,indian ,lands means-- 7,a7 any land owned by an ,indian ,tribe1 located within the boundaries of an ,indian reservation1 pueblo1 or rancheria2 or 7,b7 any land located within the boundaries of an ,indian reservation1 pueblo1 or rancheria1 the title to which is held-- 7i7 in trust by the ,united ,states for the benefit of an ,indian ,tribe or an individual ,indian2 7ii7 by an ,indian ,tribe or an individual ,indian1 subject to restriction against alienation under laws of the ,united ,states2 or 7iii7 by a dependent ,indian community4 7#d7 ,indian ,tribe ,the term ,indian ,tribe means a federally recognized ,indian ,tribe4 7#e7 ,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#f7 ,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 ,department of the ,interior 7including land held in trust for an ,indian ,tribe74 #c4 ,state or ,tribal permitting authority 7a7 ,in general ,the ,secretary concerned shall establish 7or in the case where both ,department of the ,interior and ,national ,forest ,system land would be affected1 shall jointly establish7 a voluntary program under which any ,state or ,indian ,tribe may offer1 and the ,secretary concerned may agree1 to enter into a memorandum of understanding to allow for the ,state or ,indian ,tribe to prepare environmental analyses required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for the permitting of broadband projects within an operational right-of-way on ,national ,forest ,system land1 land managed by the ,department of the ,interior1 and ,indian ,lands4 ,under such a memorandum of understanding1 an ,indian ,tribe or ,state may volunteer to cooperate with the signatories to the memorandum in the preparation of the analyses required under the ,national ,environmental ,policy ,act of #aifi4 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 ,state or ,indian ,tribe1 and the ,state or ,indian ,tribe may agree to assume1 all or part of the responsibilities of the ,secretary concerned for environmental analyses under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,state or ,indian ,tribe responsibility 7,a7 ,in general ,a ,state or ,indian ,tribe 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 or ,indian ,tribe that assumes any responsibility1 including financial responsibility1 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 the date on which the program is terminated under subsection 7g74 7,c7 ,environmental review ,a ,state or ,indian ,tribe that assumes any responsibility under paragraph 7#a7 shall comply with the environmental review procedures under parts #aejj-aejh of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 and the regulations of the ,secretary concerned4 7#c7 ,federal responsibility ,any responsibility of the ,secretary concerned described in paragraph 7#a7 that is not explicitly assumed by the ,state or ,indian ,tribe in the memorandum of understanding shall remain the responsibility of the ,secretary concerned4 7c7 ,offer and notification ,a ,state or ,indian ,tribe 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 or ,indian ,tribe not later than #ij days before the date on which the ,state or ,indian ,tribe submits a formal written offer to the ,secretary concerned4 7d7 ,tribal consultation ,within #ij days of entering into any memorandum of understanding with a ,state1 the ,secretary concerned shall initiate consultation with relevant ,indian ,tribes4 7e7 ,memorandum of understanding ,a memorandum of understanding entered into under this section shall-- 7#a7 be executed by the ,governor or the ,governor's designee1 or in the case of an ,indian ,tribe1 by an officer designated by the governing body of the ,indian ,tribe2 7#b7 be for a term not to exceed #aj years2 7#c7 be in such form as the ,secretary concerned may prescribe2 7#d7 provide that the ,state or ,indian ,tribe-- 7,a7 agrees to assume all or part of the responsibilities of the ,secretary concerned described in subsection 7b77#a72 7,b7 expressly consents1 including through the adoption of express waivers of sovereign immunity1 on behalf of the ,state or ,indian ,tribe1 to accept the jurisdiction of the ,federal courts for the compliance1 discharge1 and enforcement of any responsibility of the ,secretary concerned assumed by the ,state or ,indian ,tribe2 7,c7 certify that ,state laws and regulations1 with respect to ,states1 or ,tribal laws and regulations1 with respect to ,indian ,tribes1 are in effect that-- 7i7 authorize the ,state or ,indian ,tribe 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 7,e7 agrees to provide to the ,secretary concerned any information the ,secretary concerned considers necessary to ensure that the ,state or ,indian ,tribe is adequately carrying out the responsibilities assigned to and assumed by the ,state or ,indian ,tribe2 7,f7 agrees to return revenues generated from the use of public lands authorized under this section to the ,united ,states annually1 in accordance with the ,federal ,land ,policy ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 and 7,g7 agrees to send a copy of all authorizing documents to the ,united ,states for proper notation and recordkeeping2 7#e7 prioritize and expedite any analyses under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 under the memorandum of understanding2 7#f7 not be granted to a ,state on ,indian ,lands without the consent of the relevant ,indian ,tribe2 and 7#g7 not be granted to an ,indian ,tribe on ,state lands without the consent of the relevant ,state4 7f7 ,limitation ,nothing in this section permits a ,state or ,indian ,tribe to assume-- 7#a7 any rulemaking authority of the ,secretary concerned under any ,federal law2 and 7#b7 ,federal ,government responsibilities for government-to-government consultation with ,indian ,tribes4 7g7 ,termination 7#a7 ,termination by the ,secretary ,the ,secretary concerned may terminate the participation of any ,state or ,indian ,tribe in the program established under this section if-- 7,a7 the ,secretary concerned determines that the ,state or ,indian ,tribe is not adequately carrying out the responsibilities assigned to and assumed by the ,state or ,indian ,tribe2 7,b7 the ,secretary concerned provides to the ,state or ,indian ,tribe-- 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 ,state or ,indian ,tribe1 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 or ,indian ,tribe ,a ,state or ,indian ,tribe may terminate the participation of the ,state or ,indian ,tribe 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 7#c7 ,termination of memorandum of understanding with ,state or ,indian ,tribe ,a ,state or an ,indian ,tribe may terminate a joint memorandum of understanding under this section at any time by providing to the ,secretary concerned a notice of intent to terminate by no later than the date that is #ij days before the date of termination4 #d4 ,federal broadband permit coordination 7a7 ,establishment ,the ,secretary concerned shall establish a broadband permit streamlining team comprised of qualified staff under subsection 7b77#d7 in each ,state or regional office that has been delegated responsibility for issuing permits for broadband projects4 7b7 ,memorandum of understanding 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary concerned1 in consultation with the ,national ,conference of ,state ,historic ,preservation ,officers and the ,national ,tribal ,historic ,preservation ,officers ,association1 shall enter into a memorandum of understanding to carry out this section with-- 7,a7 the ,secretary of ,agriculture or of the ,interior1 as appropriate2 7,b7 the ,director of the ,bureau of ,indian ,affairs2 and 7,c7 the ,director of the ,united ,states ,fish and ,wildlife ,service4 7#b7 ,purpose ,the purpose of the memorandum of understanding under paragraph 7#a7 is to coordinate and expedite permitting decisions for broadband projects4 7#c7 ,state or ,tribal participation ,the ,secretary concerned may request that the ,governor of any ,state or the officer designated by the governing body of the ,indian ,tribe 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 ,secretary concerned7 may1 if the head of the ,federal agency determines it to be appropriate1 designate to each ,state or regional 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 seq47 and planning under the ,federal ,land ,policy ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 7ii7 the preparation of analyses under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 or 7iii7 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 be responsible for any issue relating to any broadband project within the jurisdiction of the ,state or regional office under the authority of the ,federal agency from which the employee is assigned2 7ii7 participate as part of the team of personnel working on one or more proposed broadband projects1 including planning and environmental analyses2 and 7iii7 serve as the designated point of contact with any applicable ,state or ,indian ,tribe that assumes any responsibility under section #c7;b77#a7 relating to any issue described in clause 7i74