Rural Broadband Permitting Efficiency Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3307 To facilitate the expansion of broadband service to rural and Tribal communities through improved permitting efficiency, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 15, 2023 Mr. CURTIS introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, 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 ef- ficiency, 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Rural Broadband Per- 4 mitting Efficiency Act of 2023’’. 5 SEC. 2. STATE AND TRIBAL PERMITTING AUTHORITY. 6 (a) IN GENERAL.—The Secretary concerned shall es- 7 tablish (or, in a circumstance that would affect both Secre- 8 VerDate Sep 11 2014 04:11 May 27, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3307.IH H3307 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3307 IH taries concerned, the Secretaries concerned shall jointly 1 establish) a voluntary program under which a State or In- 2 dian Tribe may offer, and the Secretary concerned may 3 agree, to enter into a memorandum of understanding to 4 allow for the State or Indian Tribe to prepare environ- 5 mental analyses required under the National Environ- 6 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 7 respect to the issuance of a Federal authorization for a 8 broadband project to be carried out within a right-of-way 9 on National Forest System land, land managed by the De- 10 partment of the Interior, or Indian Lands. Under such 11 a memorandum of understanding, a State or Indian Tribe 12 may volunteer to cooperate with the signatories to the 13 memorandum in the preparation of the analyses required 14 under the National Environmental Policy Act of 1969. 15 (b) ASSUMPTION OF RESPONSIBILITIES.— 16 (1) IN GENERAL.—In entering into a memo- 17 randum of understanding under this section, the 18 Secretary concerned may assign to a State or Indian 19 Tribe, and the State or Indian Tribe may agree to 20 assume, all or part of the responsibilities of the Sec- 21 retary concerned for environmental analyses required 22 under the National Environmental Policy Act of 23 1969. 24 VerDate Sep 11 2014 04:11 May 27, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3307.IH H3307 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3307 IH (2) STATE OR INDIAN TRIBE RESPONSI- 1 BILITY.— 2 (A) IN GENERAL.—A State or Indian 3 Tribe that assumes a responsibility under para- 4 graph (1) shall be subject to the same proce- 5 dural and substantive requirements as would 6 apply if the responsibility were carried out by 7 the Secretary concerned. 8 (B) EFFECT OF ASSUMPTION OF RESPON- 9 SIBILITY.—A State or Indian Tribe that as- 10 sumes a responsibility, including a financial re- 11 sponsibility, under paragraph (1) shall be solely 12 responsible and solely liable for carrying out, in 13 lieu of the Secretary concerned, the responsi- 14 bility assumed under that paragraph until the 15 date on which a relevant termination is carried 16 out under subsection (g). 17 (C) ENVIRONMENTAL REVIEW.—A State 18 or Indian Tribe that assumes a responsibility 19 under paragraph (1) shall comply with the envi- 20 ronmental review procedures under parts 1500– 21 1508 of title 40, Code of Federal Regulations 22 (or successor regulations), and the regulations 23 of the Secretary concerned. 24 VerDate Sep 11 2014 04:11 May 27, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3307.IH H3307 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3307 IH (3) FEDERAL RESPONSIBILITY.—Any responsi- 1 bility of the Secretary concerned described in para- 2 graph (1) that is not explicitly assumed by a State 3 or Indian Tribe under that paragraph shall remain 4 the responsibility of the Secretary concerned. 5 (c) OFFER AND NOTIFICATION.—A State or Indian 6 Tribe that intends to offer to enter into a memorandum 7 of understanding under this section shall provide to the 8 Secretary concerned notice of the intent of the State or 9 Indian Tribe at least 90 days before the date on which 10 the State or Indian Tribe submits a formal written offer 11 to the Secretary concerned. 12 (d) TRIBAL CONSULTATION.—Not later than 90 days 13 after the date on which the Secretary concerned enters 14 into a memorandum of understanding under this section 15 with a State, the Secretary concerned shall initiate con- 16 sultation with relevant Indian Tribes. 17 (e) MEMORANDUM OF UNDERSTANDING.—A memo- 18 randum of understanding entered into under this section 19 shall— 20 (1) be executed by the Governor or the Gov- 21 ernor’s designee, in the case of a State, or by the 22 officer designated by the governing body of an In- 23 dian Tribe, in the case of an Indian Tribe; 24 (2) be for a term not to exceed 10 years; 25 VerDate Sep 11 2014 04:11 May 27, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3307.IH H3307 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3307 IH (3) be in such form as the Secretary concerned 1 may prescribe; 2 (4) provide that the State or Indian Tribe— 3 (A) agrees to assume all or part of the re- 4 sponsibilities of the Secretary concerned de- 5 scribed in subsection (b)(1); 6 (B) expressly consents, including through 7 the adoption of express waivers of sovereign im- 8 munity, on behalf of the State or Indian Tribe, 9 to accept the jurisdiction of the Federal courts 10 with respect to the compliance, discharge, and 11 enforcement of any responsibility of the Sec- 12 retary concerned assumed by the State or In- 13 dian Tribe; 14 (C) certifies that State laws and regula- 15 tions, with respect to States, or Tribal laws and 16 regulations, with respect to Indian Tribes, are 17 in effect that— 18 (i) authorize the State or Indian Tribe 19 to take the actions necessary to carry out 20 the responsibilities being assumed; and 21 (ii) are comparable to section 552 of 22 title 5, United States Code, including that 23 any decision regarding the public avail- 24 ability of a document under State or Tribal 25 VerDate Sep 11 2014 04:11 May 27, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3307.IH H3307 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3307 IH laws is reviewable by a court of competent 1 jurisdiction; 2 (D) agrees to maintain the financial re- 3 sources necessary to carry out the responsibil- 4 ities being assumed; 5 (E) agrees to provide to the Secretary con- 6 cerned any information the Secretary concerned 7 considers necessary to ensure that the State or 8 Indian Tribe is adequately carrying out the re- 9 sponsibilities being assumed; 10 (F) agrees to return revenues generated 11 from the use of public lands authorized under 12 this section to the United States annually, in 13 accordance with the Federal Land Policy and 14 Management Act of 1976 (43 U.S.C. 1701 et 15 seq.); and 16 (G) agrees to send a copy of all author- 17 izing documents to the United States for proper 18 notation and recordkeeping; 19 (5) prioritize and expedite analyses required 20 under the National Environmental Policy Act of 21 1969 that are assumed under the memorandum of 22 understanding; 23 VerDate Sep 11 2014 04:11 May 27, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3307.IH H3307 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3307 IH (6) not be entered into with a State with re- 1 spect to Indian Lands without the consent of the rel- 2 evant Indian Tribe; and 3 (7) not be entered into with an Indian Tribe 4 with respect to State lands without the consent of 5 the relevant State. 6 (f) LIMITATION.—Nothing in this section allows a 7 State or Indian Tribe to assume— 8 (1) rulemaking authority of the Secretary con- 9 cerned under Federal law; or 10 (2) Federal Government responsibilities for gov- 11 ernment-to-government consultation with Indian 12 Tribes. 13 (g) TERMINATION.— 14 (1) TERMINATION BY THE SECRETARY.—The 15 Secretary concerned may terminate the participation 16 of a State or Indian Tribe in the program estab- 17 lished under this section if— 18 (A) the Secretary concerned determines 19 that the State or Indian Tribe is not adequately 20 carrying out the responsibilities assigned to and 21 assumed by the State or Indian Tribe under a 22 relevant memorandum of understanding; 23 (B) the Secretary concerned provides to 24 the State or Indian Tribe— 25 VerDate Sep 11 2014 04:11 May 27, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3307.IH H3307 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3307 IH (i) notification of the determination 1 made under subparagraph (A); and 2 (ii) a period of at least 30 days for 3 the State or Indian Tribe to take such cor- 4 rective action as the Secretary concerned 5 determines necessary to adequately carry 6 out the responsibilities assigned and as- 7 sumed; and 8 (C) the State or Indian Tribe, after the no- 9 tification and period provided under subpara- 10 graph (B), fails to take satisfactory corrective 11 action, as determined by the Secretary con- 12 cerned. 13 (2) TERMINATION BY THE STATE OR INDIAN 14 TRIBE.—A State or Indian Tribe may terminate the 15 participation of the State or Indian Tribe in the pro- 16 gram established under this section at any time by 17 providing to the Secretary concerned a notice of in- 18 tent to terminate at least 90 days before the date of 19 termination. 20 (3) TERMINATION OF MEMORANDUM OF UN- 21 DERSTANDING WITH STATE OR INDIAN TRIBE.—A 22 State or Indian Tribe may terminate a joint memo- 23 randum of understanding under this section at any 24 time by providing to the Secretary concerned a no- 25 VerDate Sep 11 2014 04:11 May 27, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3307.IH H3307 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3307 IH tice of intent to terminate at least 90 days before 1 the date of termination. 2 SEC. 3. DEFINITIONS. 3 In this Act: 4 (1) BROADBAND PROJECT.—The term 5 ‘‘broadband project’’ means an installation, by a 6 broadband provider on Federal land, of wireline or 7 wireless broadband infrastructure that enables a 8 user to originate and receive high-quality voice, data, 9 graphics, and video telecommunications, including 10 copper lines, fiber optic lines, communications tow- 11 ers, buildings, or other improvements. 12 (2) BROADBAND PROVIDER.—The term 13 ‘‘broadband provider’’ means a provider of wireline 14 or wireless broadband infrastructure that enables a 15 user to originate and receive high-quality voice, data, 16 graphics, and video telecommunications. 17 (3) FEDERAL AUTHORIZATION.—The term 18 ‘‘Federal authorization’’— 19 (A) means any authorization required 20 under Federal law with respect to a project; 21 and 22 (B) includes any permits, special use au- 23 thorizations, certifications, opinions, or other 24 VerDate Sep 11 2014 04:11 May 27, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3307.IH H3307 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3307 IH approvals as may be required under Federal law 1 with respect to a project. 2 (4) INDIAN LANDS.—The term ‘‘Indian Lands’’ 3 means land located within the boundaries of an In- 4 dian reservation, pueblo, or rancheria, the title to 5 which is held— 6 (A) by an Indian Tribe; 7 (B) in trust by the United States for the 8 benefit of an Indian Tribe; 9 (C) by an Indian Tribe, subject to restric- 10 tion against alienation under laws of the United 11 States; or 12 (D) by a dependent Indian community. 13 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 14 has the meaning given the term ‘‘Indian tribe’’ in 15 section 102 of the Federally Recognized Indian 16 Tribe List Act of 1994 (25 U.S.C. 5130). 17 (6) NATIONAL FOREST SYSTEM.—The term 18 ‘‘National Forest System’’ has the meaning given 19 that term in section 11(a) of the Forest and Range- 20 land Renewable Resources Planning Act of 1974 (16 21 U.S.C. 1609(a)). 22 (7) RIGHT-OF-WAY.—The term ‘‘right-of- 23 way’’— 24 (A) means— 25 VerDate Sep 11 2014 04:11 May 27, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3307.IH H3307 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3307 IH (i) the area on, below, or above a 1 roadway, highway, street, sidewalk, alley, 2 or similar property (whether currently or 3 previously used in such manner); and 4 (ii) any land immediately adjacent to 5 and contiguous with property described in 6 clause (i) that is within the right-of-way 7 grant; and 8 (B) does not include a portion of the Inter- 9 state System (as such term is defined in section 10 101(a) of title 23, United States Code). 11 (8) SECRETARY CONCERNED.—The term ‘‘Sec- 12 retary concerned’’ means— 13 (A) the Secretary of Agriculture (acting 14 through the Chief of the Forest Service), with 15 respect to National Forest System land; and 16 (B) the Secretary of the Interior, with re- 17 spect to land managed by the Department of 18 the Interior (including land held in trust for an 19 Indian Tribe). 20 (9) STATE.—The term ‘‘State’’ means each 21 State of the United States, the District of Columbia, 22 and each territory or possession of the United 23 States. 24 Æ VerDate Sep 11 2014 04:11 May 27, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H3307.IH H3307 kjohnson on DSK79L0C42PROD with BILLS