Enhancing Administrative Reviews for Broadband Deployment Act

I 117TH CONGRESS 1ST SESSION H. R. 1038 To require the Secretary of the Interior and the Secretary of Agriculture to provide a plan to ensure adequate staffing throughout organizational units of the Department of the Interior and Department of Agriculture to review communications use authorizations in a timely manner. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 15, 2021 Mr. ARMSTRONG introduced the following bill; which was referred to the Com- mittee on Natural Resources, and in addition to the Committee on Agri- culture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion of the committee concerned A BILL To require the Secretary of the Interior and the Secretary of Agriculture to provide a plan to ensure adequate staff- ing throughout organizational units of the Department of the Interior and Department of Agriculture to review communications use authorizations in a timely manner. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Enhancing Adminis- 4 trative Reviews for Broadband Deployment Act’’. 5 VerDate Sep 11 2014 18:44 Mar 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1038.IH H1038 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1038 IH SEC. 2. ENABLING ADMINISTRATIVE REVIEW. 1 (a) DEFINITIONS.—In this Act: 2 (1) APPROPRIATE COMMITTEES OF CON- 3 GRESS.—The term ‘‘appropriate committees of Con- 4 gress’’ means— 5 (A) the Committee on Energy and Com- 6 merce of the House of Representatives; 7 (B) the Committee on Natural Resources 8 of the House of Representatives; 9 (C) the Committee on Commerce, Science, 10 and Transportation of the Senate; and 11 (D) the Committee on Environment and 12 Public Works of the Senate. 13 (2) COMMUNICATIONS FACILITY.—The term 14 ‘‘communications facility’’ includes— 15 (A) any infrastructure, including any 16 transmitting device, tower, or support structure, 17 and any equipment, switch, wiring, cabling, 18 power source, shelter, or cabinet, associated 19 with the licensed or permitted unlicensed wire- 20 less or wireline transmission of any writing, 21 sign, signal, data, image, picture, and sound of 22 any kind; and 23 (B) any antenna or apparatus that— 24 (i) is designed for the purpose of 25 emitting radio frequency; 26 VerDate Sep 11 2014 18:44 Mar 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1038.IH H1038 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1038 IH (ii) is designed to be operated, or is 1 operating, from a fixed location pursuant 2 to authorization by the Commission or is 3 using a duly authorized device that does 4 not require an individual license; and 5 (iii) is added to a tower, building, or 6 other structure. 7 (3) COMMUNICATIONS SITE.—The term ‘‘com- 8 munications site’’ means an area of covered land 9 designated for communications uses. 10 (4) COMMUNICATIONS USE.—The term ‘‘com- 11 munications use’’ means the placement and oper- 12 ation of communications facility. 13 (5) COMMUNICATIONS USE AUTHORIZATION.— 14 The term ‘‘communications use authorization’’ 15 means an easement, right-of-way, lease, license, or 16 other authorization to locate or modify a commu- 17 nications facility on covered land by the Department 18 concerned for the primary purpose of authorizing 19 the occupancy and use of the covered land for com- 20 munications use. 21 (6) COVERED LAND.—The term ‘‘covered land’’ 22 means— 23 (A) public land administered by the Sec- 24 retary of the Interior; and 25 VerDate Sep 11 2014 18:44 Mar 11, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1038.IH H1038 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1038 IH (B) National Forest System land. 1 (7) DEPARTMENT CONCERNED.—The term 2 ‘‘Department concerned’’ means the Department of 3 the Interior or the Department of Agriculture. 4 (8) ORGANIZATIONAL UNIT.—The term ‘‘orga- 5 nizational unit’’ means— 6 (A) with respect to public land adminis- 7 tered by the Secretary of the Interior— 8 (i) a State office; 9 (ii) a district office; or 10 (iii) a field office; and 11 (B) within the Forest Service— 12 (i) a regional office; 13 (ii) the headquarters; 14 (iii) a management unit; or 15 (iv) a ranger district office. 16 (9) SECRETARY CONCERNED.—The term ‘‘Sec- 17 retary concerned’’ means— 18 (A) the Secretary of the Interior, with re- 19 spect to public land; and 20 (B) the Secretary of Agriculture, with re- 21 spect to National Forest System land. 22 (b) STUDY REQUIRED.—Not later than 1 year after 23 the date of enactment of this Act, the Secretary concerned 24 VerDate Sep 11 2014 18:44 Mar 11, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1038.IH H1038 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1038 IH shall submit to the appropriate committees of Congress 1 a report that— 2 (1) provides an assessment on programmatic or 3 administrative barriers to reviewing communications 4 use authorizations by the Department concerned or 5 organizational units of the Department concerned; 6 (2) provides an assessment whether there are 7 rules or regulations of the Department concerned 8 that could be revised to improve the efficiency of re- 9 viewing a communications use authorization; 10 (3) describes the process for prioritizing the re- 11 view of a communications use authorization; and 12 (4) provides a plan to ensure adequate staffing 13 throughout organizational units of the Department 14 concerned to review communications use authoriza- 15 tions in a timely manner. 16 Æ VerDate Sep 11 2014 18:44 Mar 11, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1038.IH H1038 pamtmann on DSKBC07HB2PROD with BILLS