I 118TH CONGRESS 1ST SESSION H. R. 3340 To amend the Middle Class Tax Relief and Job Creation Act of 2012 to provide for an application for a Federal easement, right-of-way, or lease with respect to a communications facility installation to be deemed grant- ed if not granted or denied by the specified deadline, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 15, 2023 Mr. OBERNOLTE introduced the following bill; which was referred to the Com- mittee on Transportation and Infrastructure, and in addition to the Com- mittee on Energy and Commerce, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Middle Class Tax Relief and Job Creation Act of 2012 to provide for an application for a Federal easement, right-of-way, or lease with respect to a commu- nications facility installation to be deemed granted if not granted or denied by the specified deadline, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 02:03 May 30, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3340.IH H3340 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3340 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Granting Remaining 2 Applications Not Treated Efficiently or Delayed Act of 3 2023’’ or the ‘‘GRANTED Act of 2023’’. 4 SEC. 2. TIMELY CONSIDERATION OF APPLICATIONS FOR 5 FEDERAL EASEMENTS, RIGHTS-OF-WAY, AND 6 LEASES. 7 (a) IN GENERAL.—Section 6409(b)(3) of the Middle 8 Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 9 1455(b)(3)) is amended— 10 (1) in subparagraph (A), by striking ‘‘duly 11 filed’’ and inserting ‘‘complete’’; and 12 (2) by adding at the end the following: 13 ‘‘(E) DEEMED GRANTED.—If an executive 14 agency fails to grant or deny a complete appli- 15 cation by the deadline under subparagraph (A), 16 the application shall be deemed granted on the 17 day after such deadline. 18 ‘‘(F) WHEN APPLICATION CONSIDERED 19 COMPLETE; RECEIVED.— 20 ‘‘(i) WHEN APPLICATION CONSIDERED 21 COMPLETE.—For the purposes of this 22 paragraph, an application to an executive 23 agency shall be considered complete if the 24 applicant— 25 VerDate Sep 11 2014 02:03 May 30, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3340.IH H3340 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3340 IH ‘‘(I) has taken the first proce- 1 dural step within the control of the 2 applicant to submit such an applica- 3 tion in accordance with the procedures 4 established by the executive agency 5 for the review and approval of such an 6 application; and 7 ‘‘(II) has not received a written 8 notice from the executive agency with- 9 in 30 days after the date on which the 10 application is received by the executive 11 agency— 12 ‘‘(aa) stating that all infor- 13 mation (including any form or 14 other document) required by the 15 executive agency to be submitted 16 for the application to be consid- 17 ered complete has not been sub- 18 mitted; and 19 ‘‘(bb) identifying the infor- 20 mation required to be submitted 21 that was not submitted. 22 ‘‘(ii) WHEN COMPLETE APPLICATION 23 CONSIDERED RECEIVED.—For the pur- 24 VerDate Sep 11 2014 02:03 May 30, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3340.IH H3340 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3340 IH poses of this paragraph, a complete appli- 1 cation shall be considered received— 2 ‘‘(I) except as provided in sub- 3 clause (II), on the date on which the 4 applicant submits to the executive 5 agency all information (including any 6 form or other document) required by 7 the executive agency to be submitted 8 for the application to be considered 9 complete; or 10 ‘‘(II) in the case of an applica- 11 tion with respect to which all such in- 12 formation is not submitted and that is 13 considered complete under clause (i) 14 because the applicant has not received 15 a written notice from the executive 16 agency within the period described in 17 such clause, on the day after the last 18 day of such period.’’. 19 (b) APPLICABILITY.—The amendments made by sub- 20 section (a) shall apply with respect to any application 21 under subsection (b) of section 6409 of the Middle Class 22 Tax Relief and Job Creation Act of 2012 (47 U.S.C. 23 1455) that is received by an executive agency (as defined 24 VerDate Sep 11 2014 02:03 May 30, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3340.IH H3340 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3340 IH in subsection (d) of such section) on or after the date of 1 the enactment of this Act. 2 Æ VerDate Sep 11 2014 02:03 May 30, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3340.IH H3340 kjohnson on DSK79L0C42PROD with BILLS