,,ii #aaith ,,congress #b;d ,session ,s4 #defa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ai1 #bjbf,mr4 ,barrasso 7for himself and ,ms4 ,lummis7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to modernize and streamline the permitting process for broadband infrastructure on ,federal land1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,closing ,long ,overdue ,streamlining ,encumbrances ,to ,help ,expeditiously ,generate ,approved ,permits ,act or the ,,close ,,the ,,gap ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,communications facility ,the term communications facility has the meaning given the term in section #hgje7;a7 of the ,agriculture ,improvement ,act of #bjah 7#dc ,u4,s4,c4 #agfa;a7a774 7#b7 ,communications site ,the term communications site means an area of ,federal land available for communications use4 7#c7 ,communications use ,the term communications use has the meaning given the term in section #hgje7;a7 of the ,agriculture ,improvement ,act of #bjah 7#dc ,u4,s4,c4 #agfa;a7a774 7#d7 ,communications use authorization ,the term communications use authorization means an easement1 right-of-way1 lease1 license1 or other authorization granted by the ,secretary concerned to locate or modify a communications facility on ,federal land for the primary purpose of authorizing the occupancy and use of the ,federal land for communications use4 7#e7 ,cost recovery fee ,the term cost recovery fee means any fee collected by a ,federal land management agency related to-- 7,a7 an application for a communications use authorization2 or 7,b7 the occupancy and use authorized by a communications use authorization pursuant to and consistent with authorizing law4 7#f7 ,covered land ,the term covered land means land managed by the ,secretary concerned4 7#g7 ,electronic ,,sf-#bii ,the term electronic ,,sf-#bii means a version of ,standard ,form #bii1 or a substantially similar form1 that has been digitally modified for online interaction4 7#h7 ,federal land ,the term ,federal land means land under the jurisdiction and management of a ,federal land management agency4 7#i7 ,federal land management agency ,the term ,federal land management agency means-- 7,a7 the ,national ,park ,service2 7,b7 the ,bureau of ,land ,management2 7,c7 the ,bureau of ,reclamation2 7,d7 the ,united ,states ,fish and ,wildlife ,service2 7,e7 the ,bureau of ,indian ,affairs2 and 7,f7 the ,forest ,service4 7#aj7 ,organizational unit ,the term organizational unit means-- 7,a7 with respect to ,federal land administered by the ,secretary of the ,interior-- 7i7 a ,state office2 7ii7 a district office2 7iii7 a field office2 or 7iv7 a regional office2 and 7,b7 with respect to the ,forest ,service-- 7i7 a regional office2 7ii7 the headquarters2 7iii7 an administrative unit2 or 7iv7 a ranger district office4 7#aa7 ,previously analyzed ,federal land ,the term previously analyzed ,federal land means any ,federal land with respect to which the ,secretary concerned has-- 7,a7 granted a communications use authorization2 and 7,b7 conducted sufficient environmental or historical reviews1 as determined by the ,secretary concerned4 7#ab7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of the ,interior1 with respect to ,federal land under the jurisdiction and management of the ,secretary of the ,interior1 acting through1 as applicable-- 7i7 the ,commissioner of ,reclamation2 7ii7 the ,director of the ,national ,park ,service2 7iii7 the ,director of the ,united ,states ,fish and ,wildlife ,service2 7iv7 the ,director of the ,bureau of ,land ,management2 and 7v7 the ,director of the ,bureau of ,indian ,affairs2 and 7,b7 the ,secretary of ,agriculture1 with respect to ,national ,forest ,system land1 acting through the ,chief of the ,forest ,service4 7#ac7 ,standard ,form #bii ,the term ,standard ,form #bii means the form developed by the ,administrator of ,general ,services 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#ad7 ,working group ,the term working group means the ,federal ,land ,management ,agency ,working ,group established by section #aa7;a74 #c4 ,promulgation of regulations for streamlining purposes 7a7 ,regulations ,notwithstanding section #fdji of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee71 not later than #a year after the date of enactment of this ,act1 the ,secretary concerned shall promulgate regulations-- 7#a7 to ensure1 to the maximum extent practicable1 that the process is uniform and standardized across applicable organizational units2 7#b7 to require that applications to locate or modify communications facilities on covered land be considered and granted on a competitively neutral1 technology neutral1 and nondiscriminatory basis2 and 7#c7 to require that the cost recovery fee for locating or modifying covered facilities on covered land be-- 7,a7 calculated and assessed on an annual basis2 and 7,b7 based solely on costs incurred by the organizational unit in processing applications and overseeing any construction related thereto4 7b7 ,requirements ,the regulations promulgated under subsection 7a7 shall-- 7#a7 include procedures for the tracking of applications described in subsection 7a77#a71 including-- 7,a7 identifying on a publicly available website the number of applications-- 7i7 received2 7ii7 approved2 and 7iii7 denied2 7,b7 in the case of an application that is denied1 requiring that the applicant be provided with-- 7i7 a written decision describing the reasons for the denial2 and 7ii7 an opportunity to cure or appeal the denial2 and 7,c7 describing the period of time between the receipt of an application and the issuance of a final decision on an application2 and 7#b7 provide for minimum lease terms of not less than #cj years for leases with respect to the location of communications facilities on covered land4 7c7 ,additional considerations ,in promulgating regulations under subsection 7a71 the ,secretary concerned shall consider-- 7#a7 how discrete reviews in considering an application described in paragraph 7#a7 of that subsection can be conducted simultaneously1 rather than sequentially1 by any organizational units that must approve the location or modification2 and 7#b7 how to eliminate overlapping requirements among the organizational units with respect to the location or modification of a communications facility on covered land administered by the organizational units4 7d7 ,communication of streamlined process to organizational units ,the ,secretary concerned shall1 with respect to the regulations promulgated under subsection 7a7-- 7#a7 communicate the regulations to the applicable organizational units2 and 7#b7 ensure that those organizational units follow the regulations4 7e7 ,savings provisions 7#a7 ,real property authorities ,nothing in this section provides any executive agency or organizational unit with any new leasing or other real property authorities not in existence before the date of enactment of this ,act4 7#b7 ,effect on other laws 7,a7 ,in general ,nothing in this section1 including any action taken pursuant to this section1 affects a decision or determination made by any executive agency before the date of enactment of this ,act to sell1 dispose of1 declare excess or surplus1 lease1 reuse1 or redevelop any ,federal real property pursuant to title #dj1 ,united ,states ,code1 the ,federal ,assets ,sale and ,transfer ,act of #bjaf 7#dj ,u4,s4,c4 #acjc note2 ,public ,law #aad-bhg71 or any other law governing real property activities of the ,federal ,government4 7,b7 ,agreements ,no agreement entered into pursuant to this section obligates the ,federal ,government to hold1 control1 or otherwise retain or use real property that may otherwise be deemed as excess1 surplus1 or that could otherwise be sold1 leased1 or redeveloped4 #d4 ,data collection procedures relating to the processing of applications for broadband project permits on ,federal land2 ,report 7a7 ,definition of applicable deadline ,in this section1 the term applicable deadline1 with respect to an application for a broadband project permit on ,federal land1 means the deadline for that application established by section #fdji7;b77#c77;,a7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7;b77#c77;,a774 7b7 ,data collection procedures ,not later than #a year after the date of enactment of this ,act1 the ,secretaries concerned1 acting jointly1 shall establish standardized procedures for internally tracking within ,federal land management agencies the following data relating to applications for broadband project permits on ,federal land3 7#a7 ,the number of applications that are pending on or after the applicable deadline4 7#b7 ,the number of applications that have been approved by the applicable deadline4 7#c7 ,the number of applications that were approved after the applicable deadline4 7#d7 ,the number of applications that have been denied by the applicable deadline4 7#e7 ,the number of applications that have been denied after the applicable deadline4 7#f7 ,the number of applications that have been withdrawn before the applicable deadline4 7#g7 ,the number of applications that were withdrawn after the applicable deadline4 7#h7 ,the average processing time for applications4 7#i7 ,in the case of applications that were approved after the applicable deadline1 the average number of days by which the approval exceeded the applicable deadline4 7c7 ,report on delays in the approval of applications for broadband projects on ,federal land ,not later than #a year after the date on which the ,secretaries concerned establish the procedures under subsection 7b71 the ,secretaries concerned1 acting jointly1 shall submit to the ,committees on ,energy and ,natural ,resources1 ,environment and ,public ,works1 and ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committees on ,natural ,resources1 ,energy and ,commerce1 and ,agriculture of the ,house of ,representatives a report that-- 7#a7 describes and analyzes the data collected in accordance with those procedures1 including an analysis of any factors causing a delay in the approval of applications for broadband project permits on ,federal land2 and 7#b7 provides recommendations to address any of the factors identified under paragraph 7#a7 in order to accelerate broadband project permitting on ,federal land4 #e4 ,online tracking of application progress 7a7 ,sense of ,congress ,it is the sense of ,congress that communications projects 7as defined in section #dajja of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm77 should be1 under title ,,xli of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm et seq471 considered a high priority as having an increased regional or national economic significance4 7b7 ,communications projects as covered projects ,section #dajja of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm7 is amended-- 7#a7 by redesignating paragraphs 7#d7 through 7#ah7 as paragraphs 7#e7 through 7#ai71 respectively2 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 ,communications project 7,a7 ,in general ,the term communications project means any construction project carried out at a communications site4 7,b7 ,other terms ,for purposes of this paragraph3 7i7 ,communications facility ,the term communications facility has the meaning given the term in section #hgje7;a7 of the ,agriculture ,improvement ,act of #bjah 7#dc ,u4,s4,c4 #agfa;a7a774 7ii7 ,communications site ,the term communications site means an area of ,federal land available for communications use4 7iii7 ,communications use ,the term communications use has the meaning given the term in section #hgje7;a7 of the ,agriculture ,improvement ,act of #bjah 7#dc ,u4,s4,c4 #agfa;a7a774 7iv7 ,federal land ,the term ,federal land means land under the jurisdiction and management of a ,federal land management agency4 7v7 ,federal land management agency ,the term ,federal land management agency means-- 7,i7 the ,national ,park ,service2 7,,ii7 the ,bureau of ,land ,management2 7,,iii7 the ,bureau of ,reclamation2 7,,iv7 the ,united ,states ,fish and ,wildlife ,service2 7,v7 the ,forest ,service2 and 7,,vi7 the ,bureau of ,indian ,affairs4 2 and 7#c7 in paragraph 7#g77;,a7 7as so redesignated7-- 7,a7 in the matter preceding clause 7i71 by inserting communications projects1 after carbon capture12 and 7,b7 in clause 7i71 by striking subclause 7,,ii7 and inserting the following3 7,,ii7 is likely to require a total investment-- 7aa7 in the case of a communications project1 of any amount2 and 7bb7 in the case of any other activity1 of more than #bjj1jjj1jjj2 and 4 #f4 ,improving public safety on ,federal land ,not later than #cj days after the date of enactment of this ,act1 the ,secretary concerned shall direct the head of each ,federal land management agency under the jurisdiction of the ,secretary concerned-- 7#a7 to establish a new categorical exclusion from the requirements of title ,i of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca et seq47 for projects involving an existing communications facility that would improve public safety on ,federal land1 such as-- 7,a7 providing backup power for the communications facility2 7,b7 improving supporting infrastructure at the communications facility2 or 7,c7 providing more reliable or redundant connection capabilities using the communications facility2 or 7#b7 to adopt an existing categorical exclusion from another agency under section #aji of that ,act 7#db ,u4,s4,c4 #dccf;c7 applicable to projects described in paragraph 7#a74 #g4 ,previously analyzed ,federal land 7a7 ,nonapplicability of certain review requirements ,the review requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code1 shall not apply to an application for a communications use authorization on ,federal land 7including ,federal land on which authorized utilities1 communications facilities1 powerline facilities1 or roads have been installed71 if-- 7#a7 the communications equipment is located in or on existing infrastructure2 or 7#b7 the communications facility is located on previously analyzed ,federal land4 7b7 ,no additional consultation required under certain circumstances ,notwithstanding any other provision of law1 the ,secretary concerned shall not be required to reinitiate consultation under the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code1 for an application for a communications use authorization on previously analyzed ,federal land1 regardless of whether new information concerning the previously analyzed ,federal land becomes available4 #h4 ,wireless facility modifications ,section #fdji7;a7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7;a77 is amended by striking paragraph 7#c74 #i4 ,establishment of online portals 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 each ,federal land management agency shall establish an online portal to accept an electronic ,,sf-#bii4 7b7 ,coordination ,the ,federal land management agencies shall coordinate with each other to establish uniform versions of the online portal required under subsection 7a74 #aj4 ,collection and retention of cost recovery fees 7a7 ,collection and retention of cost recovery fees associated with communications use authorizations on ,federal land and ,federal land management agency support for communications site programs 7#a7 ,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 cost recovery fees received by the ,federal land management agency relating to communications use authorizations granted1 issued1 or executed by the ,federal land management agency4 7#b7 ,requirements for cost recovery fees ,notwithstanding any other provision of law1 any cost recovery fees collected by a ,federal land management agency pursuant to this section shall be-- 7,a7 collected only to the extent provided in advance in an appropriations ,act2 7,b7 calculated and assessed on an annual basis2 7,c7 based solely on costs incurred by organizational units in processing applications for communications use authorizations and overseeing any applicable construction activities relating to the communications use authorizations2 and 7,d7 imposed on a competitively neutral1 technology-neutral1 and nondiscriminatory basis with respect to other uses of the applicable communications site4 7#c7 ,deposit and retention of cost recovery fees ,cost recovery fees received by a ,federal land management agency shall-- 7,a7 be deposited in the special account established for that ,federal land management agency under paragraph 7#a72 and 7,b7 remain available for expenditure under paragraph 7#d71 to the extent and in such amounts as are provided in advance in appropriations ,acts4 7#d7 ,expenditure of retained fees ,amounts deposited in the special account established for a ,federal land management agency under paragraph 7#a7 shall be used by the ,federal land management agency for activities relating to communications use authorizations or communications sites1 including the following3 7,a7 ,administering communications use authorizations1 including through cooperative agreements under subsection 7b74 7,b7 ,preparing needs assessments or other programmatic analyses necessary to establish communications sites and authorize communications uses on or adjacent to ,federal land4 7,c7 ,developing management plans for the placement of communications sites on or adjacent to ,federal land on a competitively neutral1 technology-neutral1 nondiscriminatory basis4 7,d7 ,training for management of communications sites on or adjacent to ,federal land4 7,e7 ,obtaining1 improving access to1 or establishing communications sites on or adjacent to ,federal land4 7,f7 ,hiring and training personnel to perform duties that will help-- 7i7 to streamline permitting processes associated with communications use authorizations and the use of communications sites for communications use on ,federal land2 and 7ii7 to reduce the time it takes for permits relating to communications use authorizations and the use of communications sites for communications use on ,federal land to be approved4 7#e7 ,no effect on other fee retention authorities ,this subsection shall not limit or otherwise affect fee retention by a ,federal land management agency under any other authority4 7b7 ,cooperative agreement authority ,the ,secretary of the ,interior may enter into cooperative agreements to carry out the activities described in subsection 7a77#d74 #aa4 ,federal ,land ,management ,agency ,working ,group 7a7 ,establishment ,there is established a working group1 to be known as the ,federal ,land ,management ,agency ,working ,group4 7b7 ,membership ,the working group shall be composed of #a representative of each of the ,federal land management agencies1 to be appointed by the ,secretary concerned4 7c7 ,duties ,the working group shall-- 7#a7 periodically meet to coordinate and expedite the review of applications for communications use authorizations2 and 7#b7 coordinate with the ,federal ,communications ,commission to use broadband location data created under section #hjb7;c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fdb7;c77 to identify unserved locations that may need to use a ,federal right-of-way and prepare for potential communications use authorization applications4