,i #aagth ,,congress #ast ,session ,h4 ,r4 #ccgj ,,in ,,the ,,house ,,of ,,representatives ,may #bj1 #bjba,mr4 ,curtis 7for himself1 ,mr4 ,westerman1 ,mr4 ,mc,kinley1 ,mr4 ,upton1 ,mr4 ,wittman1 and ,mr4 ,armstrong7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committees on ,agriculture1 and ,energy and ,commerce1 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 streamline the broadband permitting process for broadband services1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,broadband ,permitting ,modernization ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,sec4 #c4 ,enhancing ,administrative ,reviews for ,broadband ,deployment ,act4,sec4 #d4 ,,digital ,applications ,act4,sec4 #e4 ,facilitating ,,digital ,applications ,act4,sec4 #f4 ,rural ,broadband ,permitting ,efficiency ,act of #bjba4 #c4 ,enhancing ,administrative ,reviews for ,broadband ,deployment ,act 7a7 ,short title ,this section may be cited as the ,enhancing ,administrative ,reviews for ,broadband ,deployment ,act4 7b7 ,enabling administrative review 7#a7 ,definitions ,in this section3 7,a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7i7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7ii7 the ,committee on ,natural ,resources of the ,house of ,representatives2 7iii7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7iv7 the ,committee on ,environment and ,public ,works of the ,senate4 7,b7 ,communications facility ,the term communications facility includes-- 7i7 any infrastructure1 including any transmitting device1 tower1 or support structure1 and any equipment1 switch1 wiring1 cabling1 power source1 shelter1 or cabinet1 associated with the licensed or permitted unlicensed wireless or wireline transmission of any writing1 sign1 signal1 data1 image1 picture1 or sound of any kind2 and 7ii7 any antenna or apparatus that-- 7,i7 is designed for the purpose of emitting radio frequency2 7,,ii7 is designed to be operated1 or is operating1 from a fixed location pursuant to authorization by the ,commission or is using a duly authorized device that does not require an individual license2 and 7,,iii7 is added to a tower1 building1 or other structure4 7,c7 ,communications site ,the term communications site means an area of covered land designated for communications uses4 7,d7 ,communications use ,the term communications use means the placement and operation of a communications facility4 7,e7 ,communications use authorization ,the term communications use authorization means an easement1 right-of-way1 lease1 license1 or other authorization to locate or modify a communications facility on covered land by the ,department concerned for the primary purpose of authorizing the occupancy and use of the covered land for communications use4 7,f7 ,covered land ,the term covered land means-- 7i7 public land administered by the ,secretary of the ,interior2 and 7ii7 ,national ,forest ,system land4 7,g7 ,department concerned ,the term ,department concerned means the ,department of the ,interior or the ,department of ,agriculture4 7,h7 ,organizational unit ,the term organizational unit means-- 7i7 with respect to public land administered by the ,secretary of the ,interior-- 7,i7 a ,state office2 7,,ii7 a district office2 or 7,,iii7 a field office2 and 7ii7 within the ,forest ,service-- 7,i7 a regional office2 7,,ii7 the headquarters2 7,,iii7 a management unit2 or 7,,iv7 a ranger district office4 7,i7 ,secretary concerned ,the term ,secretary concerned means-- 7i7 the ,secretary of the ,interior1 with respect to public land2 and 7ii7 the ,secretary of ,agriculture1 with respect to ,national ,forest ,system land4 7#b7 ,study required ,not later than #a year after the date of enactment of this ,act1 the ,secretary concerned shall submit to the appropriate committees of ,congress a report that-- 7,a7 provides an assessment on programmatic or administrative barriers to reviewing communications use authorizations by the ,department concerned or organizational units of the ,department concerned2 7,b7 provides an assessment whether there are rules or regulations of the ,department concerned that could be revised to improve the efficiency of reviewing a communications use authorization2 7,c7 describes the process for prioritizing the review of a communications use authorization2 and 7,d7 provides a plan to ensure adequate staffing throughout organizational units of the ,department concerned to review communications use authorizations in a timely manner4 #d4 ,,digital ,applications ,act 7a7 ,short title ,this section may be cited as the ,deploying ,infrastructure with ,greater ,internet ,transactions ,and ,legacy ,applications ,act or the ,,digital ,applications ,act4 7b7 ,establishment of an online portal for ,form #bii 7#a7 ,definitions ,in this section3 7,a7 ,appropriate committees of congress ,the term appropriate committees of ,congress means-- 7i7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7ii7 the ,committee on ,natural ,resources of the ,house of ,representatives2 7iii7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7iv7 the ,committee on ,environment and ,public ,works of the ,senate4 7,b7 ,assistant secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7,c7 ,department concerned ,the term ,department concerned means the ,department of the ,interior or the ,department of ,agriculture4 7,d7 ,form #bii ,the term ,form #bii means the form established under section #fdji7;b77#b77;,a7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7;b77#b77;,a77 or any successor form4 7,e7 ,secretary concerned ,the term ,secretary concerned means-- 7i7 the ,secretary of the ,interior1 with respect to land administered by such ,secretary2 and 7ii7 the ,secretary of ,agriculture1 with respect to ,national ,forest ,system land4 7#b7 ,establishment of online portal 7,a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary concerned shall establish an online portal for the acceptance1 processing1 and disposal of a ,form #bii4 7,b7 ,notification ,not later than #c business days after the date on which the online portal has been established pursuant to subparagraph 7,a71 the ,secretary concerned shall notify the ,assistant ,secretary of such establishment4 7#c7 ,availability of online portal ,the ,assistant ,secretary shall publish on the website of the ,national ,telecommunications and ,information ,administration a link to each online portal established pursuant to paragraph 7#a77;,a74 #e4 ,facilitating ,,digital ,applications ,act 7a7 ,short title ,this section may be cited as the ,facilitating the ,deployment of ,infrastructure with ,greater ,internet ,transactions ,and ,legacy ,applications ,act or the ,facilitating ,,digital ,applications ,act4 7b7 ,barriers to implementation of an online portal for ,form #bii 7#a7 ,definitions ,in this section3 7,a7 ,appropriate committees of congress ,the term appropriate committees of ,congress means-- 7i7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7ii7 the ,committee on ,natural ,resources of the ,house of ,representatives2 7iii7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7iv7 the ,committee on ,environment and ,public ,works of the ,senate4 7,b7 ,assistant secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7,c7 ,communications facility ,the term communications facility includes-- 7i7 any infrastructure1 including any transmitting device1 tower1 or support structure1 and any equipment1 switch1 wiring1 cabling1 power source1 shelter1 or cabinet1 associated with the licensed or permitted unlicensed wireless or wireline transmission of any writing1 sign1 signal1 data1 image1 picture1 and sound of any kind2 and 7ii7 any antenna or apparatus that-- 7,i7 is designed for the purpose of emitting radio frequency2 7,,ii7 is designed to be operated1 or is operating1 from a fixed location pursuant to authorization by the ,commission or is using a duly authorized device that does not require an individual license2 and 7,,iii7 is added to a tower1 building1 or other structure4 7,d7 ,communications use ,the term communications use means the placement and operation of a communications facility4 7,e7 ,communications use authorization ,the term communications use authorization means an easement1 right-of-way1 lease1 license1 or other authorization to locate or modify a communications facility on covered land by the ,department concerned for the primary purpose of authorizing the occupancy and use of the covered land for communications use4 7,f7 ,covered land ,the term covered land means-- 7i7 public land administered by the ,secretary of the ,interior2 and 7ii7 ,national ,forest ,system land4 7,g7 ,department concerned ,the term ,department concerned means the ,department of the ,interior or the ,department of ,agriculture4 7,h7 ,form #bii ,the term ,form #bii means the form established under section #fdji7;b77#b77;,a7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7;b77#b77;,a771 or any successor form4 7,i7 ,secretary concerned ,the term ,secretary concerned means-- 7i7 the ,secretary of the ,interior1 with respect to land administered by such ,secretary2 and 7ii7 the ,secretary of ,agriculture1 with respect to ,national ,forest ,system land4 7#b7 ,barriers to implementation 7,a7 ,in general ,not later than #ij days after the date of enactment of this section1 and every #fj days thereafter until the notification described in subparagraph 7,b71 the ,assistant ,secretary shall submit to the appropriate committees in ,congress a report that-- 7i7 describes whether the ,department concerned has established an online portal for the acceptance1 processing1 and disposal of a ,form #bii2 and 7ii7 describes any barrier to the establishment of an online portal for the acceptance1 processing1 and disposal of a ,form #bii4 7,b7 ,notification described ,the ,secretary concerned shall notify the ,assistant ,secretary not later than #c business days after the ,department concerned has established an online portal for the acceptance1 processing1 and disposal of a ,form #bii4 #f4 ,rural ,broadband ,permitting ,efficiency ,act of #bjba 7a7 ,short title ,this section may be cited as the ,rural ,broadband ,permitting ,efficiency ,act of #bjba4 7b7 ,definitions ,in this section3 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 7c7 ,state or ,tribal permitting authority 7#a7 ,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 7#b7 ,assumption of responsibilities 7,a7 ,in general ,in entering into a memorandum of understanding under this subsection1 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 7i7 ,in general ,a ,state or ,indian ,tribe that assumes any responsibility under subparagraph 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 7ii7 ,effect of assumption of responsibility ,a ,state or ,indian ,tribe that assumes any responsibility1 including financial responsibility1 under subparagraph 7,a7 shall be solely responsible and solely liable for carrying out1 in lieu of the ,secretary concerned1 the responsibilities assumed under that subparagraph until the date on which the program is terminated under paragraph 7#g74 7iii7 ,environmental review ,a ,state or ,indian ,tribe that assumes any responsibility under subparagraph 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 subparagraph 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 7#c7 ,offer and notification ,a ,state or ,indian ,tribe that intends to offer to enter into a memorandum of understanding under this subsection 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 7#d7 ,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 7#e7 ,memorandum of understanding ,a memorandum of understanding entered into under this subsection 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-- 7i7 agrees to assume all or part of the responsibilities of the ,secretary concerned described in paragraph 7#b77;,a72 7ii7 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 7iii7 certify that ,state laws and regulations1 with respect to ,states1 or ,tribal laws and regulations1 with respect to ,indian ,tribes1 are in effect that-- 7,i7 authorize the ,state or ,indian ,tribe to take the actions necessary to carry out the responsibilities being assumed2 and 7,,ii7 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 7iv7 agrees to maintain the financial resources necessary to carry out the responsibilities being assumed2 7v7 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 7vi7 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 7vii7 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 7#f7 ,limitation ,nothing in this subsection 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 7#g7 ,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 subsection if-- 7i7 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 7ii7 the ,secretary concerned provides to the ,state or ,indian ,tribe-- 7,i7 notification of the determination of noncompliance2 and 7,,ii7 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 7iii7 the ,state or ,indian ,tribe1 after the notification and period provided under clause 7ii71 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 subsection 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 subsection 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 7d7 ,federal broadband permit coordination 7#a7 ,establishment ,the ,secretary concerned shall establish a broadband permit streamlining team comprised of qualified staff under paragraph 7#b77;,d7 in each ,state or regional office that has been delegated responsibility for issuing permits for broadband projects4 7#b7 ,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 subsection with-- 7i7 the ,secretary of ,agriculture or of the ,interior1 as appropriate2 7ii7 the ,director of the ,bureau of ,indian ,affairs2 and 7iii7 the ,director of the ,united ,states ,fish and ,wildlife ,service4 7,b7 ,purpose ,the purpose of the memorandum of understanding under subparagraph 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 subparagraph 7,a74 7,d7 ,designation of qualified staff 7i7 ,in general ,not later than #cj days after the date of entrance into the memorandum of understanding under subparagraph 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-- 7,i7 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 and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 7,,ii7 the preparation of analyses under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 or 7,,iii7 consultation and the preparation of biological opinions under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf74 7ii7 ,duties ,each employee designated under clause 7i7 shall-- 7,i7 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 7,,ii7 participate as part of the team of personnel working on one or more proposed broadband projects1 including planning and environmental analyses2 and 7,,iii7 serve as the designated point of contact with any applicable ,state or ,indian ,tribe that assumes any responsibility under subsection 7c77#b77;,a7 relating to any issue described in subclause 7,a74