,i #aahth ,,congress #ast ,session ,h4 ,r4 #ccjg ,,in ,,the ,,house ,,of ,,representatives ,may #ae1 #bjbc,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 facilitate the expansion of broadband service to rural and ,tribal communities through improved permitting efficiency1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,rural ,broadband ,permitting ,efficiency ,act of #bjbc4 #b4 ,state and ,tribal permitting authority 7a7 ,in general ,the ,secretary concerned shall establish 7or1 in a circumstance that would affect both ,secretaries concerned1 the ,secretaries concerned shall jointly establish7 a voluntary program under which a ,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 with respect to the issuance of a ,federal authorization for a broadband project to be carried out within a right-of-way on ,national ,forest ,system land1 land managed by the ,department of the ,interior1 or ,indian ,lands4 ,under such a memorandum of understanding1 a ,state or ,indian ,tribe 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 a ,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 required under the ,national ,environmental ,policy ,act of #aifi4 7#b7 ,state or ,indian ,tribe responsibility 7,a7 ,in general ,a ,state or ,indian ,tribe that assumes a 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 a responsibility1 including a financial responsibility1 under paragraph 7#a7 shall be solely responsible and solely liable for carrying out1 in lieu of the ,secretary concerned1 the responsibility assumed under that paragraph until the date on which a relevant termination is carried out under subsection 7g74 7,c7 ,environmental review ,a ,state or ,indian ,tribe that assumes a 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 a ,state or ,indian ,tribe under that paragraph 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 at least #ij days before the date on which the ,state or ,indian ,tribe submits a formal written offer to the ,secretary concerned4 7d7 ,tribal consultation ,not later than #ij days after the date on which the ,secretary concerned enters into a memorandum of understanding under this section 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 in the case of a ,state1 or by the officer designated by the governing body of an ,indian ,tribe1 in the case of an ,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 with respect to the compliance1 discharge1 and enforcement of any responsibility of the ,secretary concerned assumed by the ,state or ,indian ,tribe2 7,c7 certifies 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 that any decision regarding the public availability of a document under ,state or ,tribal 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 being assumed2 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 and ,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 analyses required under the ,national ,environmental ,policy ,act of #aifi that are assumed under the memorandum of understanding2 7#f7 not be entered into with a ,state with respect to ,indian ,lands without the consent of the relevant ,indian ,tribe2 and 7#g7 not be entered into with an ,indian ,tribe with respect to ,state lands without the consent of the relevant ,state4 7f7 ,limitation ,nothing in this section allows a ,state or ,indian ,tribe to assume-- 7#a7 rulemaking authority of the ,secretary concerned under ,federal law2 or 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 a ,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 ,tribe under a relevant memorandum of understanding2 7,b7 the ,secretary concerned provides to the ,state or ,indian ,tribe-- 7i7 notification of the determination made under subparagraph 7,a72 and 7ii7 a period of at least #cj days for the ,state or ,indian ,tribe to take such corrective action as the ,secretary concerned determines necessary to adequately carry out the responsibilities assigned and assumed2 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 at least #ij days before the date of termination4 7#c7 ,termination of memorandum of understanding with ,state or ,indian ,tribe ,a ,state or ,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 at least #ij days before the date of termination4 #c4 ,definitions ,in this ,act3 7#a7 ,broadband project ,the term broadband project means an installation1 by a broadband provider on ,federal land1 of wireline or wireless broadband infrastructure that enables a user to originate and receive high-quality voice1 data1 graphics1 and video telecommunications1 including copper lines1 fiber optic lines1 communications towers1 buildings1 or other improvements4 7#b7 ,broadband provider ,the term broadband provider means a provider of wireline or wireless broadband infrastructure that enables a user to originate and receive high-quality voice1 data1 graphics1 and video telecommunications4 7#c7 ,federal authorization ,the term ,federal authorization-- 7,a7 means any authorization required under ,federal law with respect to a project2 and 7,b7 includes any permits1 special use authorizations1 certifications1 opinions1 or other approvals as may be required under ,federal law with respect to a project4 7#d7 ,indian ,lands ,the term ,indian ,lands means land located within the boundaries of an ,indian reservation1 pueblo1 or rancheria1 the title to which is held-- 7,a7 by an ,indian ,tribe2 7,b7 in trust by the ,united ,states for the benefit of an ,indian ,tribe2 7,c7 by an ,indian ,tribe1 subject to restriction against alienation under laws of the ,united ,states2 or 7,d7 by a dependent ,indian community4 7#e7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eacj74 7#f7 ,national ,forest ,system ,the term ,national ,forest ,system has the meaning given that term in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a774 7#g7 ,right-of-way ,the term right-of-way-- 7,a7 means-- 7i7 the area on1 below1 or above a roadway1 highway1 street1 sidewalk1 alley1 or similar property 7whether currently or previously used in such manner72 and 7ii7 any land immediately adjacent to and contiguous with property described in clause 7i7 that is within the right-of-way grant2 and 7,b7 does not include a portion of the ,interstate ,system 7as such term is defined in section #aja7;a7 of title #bc1 ,united ,states ,code74 7#h7 ,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 7#i7 ,state ,the term ,state means each ,state of the ,united ,states1 the ,district of ,columbia1 and each territory or possession of the ,united ,states4