[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 604 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 604
To allow certain State permitting authority to encourage expansion of
broadband service to rural communities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 9, 2017
Mr. Hatch (for himself, Mr. Daines, and Mrs. Fischer) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To allow certain State permitting authority to encourage expansion of
broadband service to rural communities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Highway Rights-of-Way Permitting
Efficiency Act of 2017''.
SEC. 2. FINDINGS.
Congress finds that, as of the date of enactment of this Act--
(1) the United States has been the world leader in Internet
and telecommunications technology growth, and the people of the
United States now rely on broadband connectivity as an
increasingly necessary part of daily life;
(2) broadband services are used by private citizens,
businesses, public groups, and government agencies throughout
the United States to communicate, access information, share
cultures, develop technologies, and grow economies nationally
and internationally;
(3) while wireless and broadband technologies have
contributed significantly to progress throughout the United
States, lack of broadband deployment to rural communities has
put rural parties at a greater disadvantage for economic
development; and
(4) delays in the permitting process are costly and
discouraging to broadband deployment and further discourage
broadband deployment to rural areas.
SEC. 3. DEFINITIONS.
In this Act:
(1) Broadband project.--The term ``broadband project''
means a project under which a broadband provider installs
broadband infrastructure, including copper lines or fiber optic
lines, on Federal land.
(2) Broadband provider.--The term ``broadband provider''
means a facilities-based provider of broadband capability that
enables a user to originate and receive high-quality voice,
data, graphics, and video telecommunications.
(3) Operational right-of-way.--The term ``operational
right-of-way'' means all real property interests (including
easements) acquired for the construction or operation of a
project, including the locations of the roadway, bridges,
interchanges, culverts, drainage, clear zone, traffic control
signage, landscaping, copper and fiber optic lines, utility
shelters, and broadband infrastructure as installed by
broadband providers, and any rest areas with direct access to a
controlled access highway or the National Highway System.
(4) Project.--The term ``project'' has the meaning given
the term in section 101(a) of title 23, United States Code.
(5) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture (acting through
the Chief of the Forest Service), with respect to
National Forest System land; and
(B) the Secretary of the Interior, with respect to
land managed by the Bureau of Land Management
(including land held for the benefit of an Indian
tribe).
SEC. 4. STATE PERMITTING AUTHORITY.
(a) In General.--The Secretaries concerned shall jointly establish
a program under which any State may offer, and the Secretary concerned
shall agree, to enter into a memorandum of understanding with the
Secretary concerned to allow for the permitting of broadband within an
operational right-of-way in accordance with this section.
(b) Assumption of Responsibilities.--
(1) In general.--In entering into a memorandum of
understanding under this section, the Secretary concerned may
assign to the State, and the State may agree to assume, all or
part of the responsibilities of the Secretary concerned for
environmental review, consultation, or other action required
under any Federal environmental law pertaining to the review or
approval of a specific operational right-of-way broadband
project.
(2) State responsibility.--
(A) In general.--A State that assumes any
responsibility under paragraph (1) shall be subject to
the same procedural and substantive requirements as
would apply if the responsibility were carried out by
the Secretary concerned.
(B) Effect of assumption of responsibility.--A
State that assumes any responsibility under paragraph
(1) shall be solely responsible and solely liable for
carrying out, in lieu of the Secretary concerned, the
responsibilities assumed under that paragraph until
date on which the program is terminated under
subsection (f).
(C) Environmental review.--A State that assumes any
responsibility under paragraph (1) shall comply with
the environmental review procedures under part 771 of
title 23, Code of Federal Regulations (or successor
regulations).
(3) Federal responsibility.--Any responsibility of the
Secretary concerned described in paragraph (1) that is not
explicitly assumed by the State in the memorandum of
understanding shall remain the responsibility of the Secretary
concerned.
(c) Offer and Notification.--A State 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 not later
than 90 days before the date on which the State submits a formal
written offer to the Secretary concerned.
(d) Memorandum of Understanding.--A memorandum of understanding
entered into under this section shall--
(1) be executed by the Governor or the top-ranking
transportation official in the State who is charged with
responsibility for highway construction;
(2) be for a term not to exceed 10 years;
(3) be in such form as the Secretary concerned may
prescribe; and
(4) provide that the State--
(A) agrees to assume all or part of the
responsibilities of the Secretary concerned described
in subsection (b)(1);
(B) expressly consents, on behalf of the State, to
accept the jurisdiction of the Federal courts for the
compliance, discharge, and enforcement of any
responsibility of the Secretary concerned assumed by
the State;
(C) certifies that State laws (including
regulations) are in effect that--
(i) authorize the State to take the actions
necessary to carry out the responsibilities
being assumed; and
(ii) are comparable to section 552 of title
5, United States Code, including providing that
any decision regarding the public availability
of a document under the State laws is
reviewable by a court of competent
jurisdiction;
(D) agrees to maintain the financial resources
necessary to carry out the responsibilities being
assumed; and
(E) agrees to provide to the Secretary concerned
any information the Secretary concerned considers
necessary to ensure that the State is adequately
carrying out the responsibilities assigned to and
assumed by the State.
(e) Limitation.--Nothing in this section permits a State to assume
any rulemaking authority of the Secretary concerned under any Federal
law.
(f) Termination.--
(1) Termination by the secretary.--The Secretary concerned
may terminate the participation of any State in the program
established under this section if--
(A) the Secretary concerned determines that the
State is not adequately carrying out the
responsibilities assigned to and assumed by the State;
(B) the Secretary concerned provides to the State--
(i) notification of the determination of
noncompliance; and
(ii) a period of at least 30 days during
which to take such corrective action as the
Secretary concerned determines is necessary to
comply with the applicable agreement; and
(C) the State, after the notification and period
provided under subparagraph (B), fails to take
satisfactory corrective action, as determined by the
Secretary concerned.
(2) Termination by the state.--A State may terminate the
participation of the State in the program established under
this section at any time by providing to the Secretary
concerned a notice of intent to terminate by not later than the
date that is 90 days before the date of termination.
SEC. 5. CATEGORICAL EXCLUSION FOR PROJECTS WITHIN OPERATIONAL RIGHTS-
OF-WAY.
The Secretary concerned shall--
(1) not later than 180 days after the date of enactment of
this Act, designate any project within an existing operational
right-of-way as an action categorically excluded from the
requirements relating to environmental assessments or
environmental impact statements under section 1508.4 of title
40, Code of Federal Regulations, and section 771.117(c) of
title 23, Code of Federal Regulations (or successor
regulations); and
(2) not later than 150 days after the date of enactment of
this Act, promulgate regulations to carry out paragraph (1).
SEC. 6. FEDERAL BROADBAND PERMIT COORDINATION.
(a) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of the Interior.
(b) Establishment.--The Secretary shall establish a Federal Permit
Streamlining Project in each Bureau of Land Management field office
with responsibility for issuing permits for broadband projects.
(c) Memorandum of Understanding.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary, in consultation with the
National Conference of State Historic Preservation Officers,
shall enter into a memorandum of understanding to carry out
this section with--
(A) the Secretary of Agriculture;
(B) the Administrator of the Environmental
Protection Agency;
(C) the Administrator of the Federal Highway
Administration; and
(D) the Director of the United States Fish and
Wildlife Service.
(2) Lead agency.--As part of the memorandum of
understanding under paragraph (1), the Secretary shall act as
the lead agency in issuing a single permit for each broadband
project on behalf of all Federal agencies involved in the
broadband project.
(3) State participation.--The Secretary may request that
the Governor of any State with one or more broadband projects
be a party to the memorandum of understanding under paragraph
(1).
(4) Designation of qualified staff.--
(A) In general.--Not later than 30 days after the
date of entrance into the memorandum of understanding
under paragraph (1), the head of each Federal agency
that is a party to the memorandum of understanding
(other than the Secretary) shall, if the head of the
Federal agency determines it to be appropriate,
designate to each Bureau of Land Management field
office an employee of that Federal agency with
expertise in regulatory issues relating to that Federal
agency, including, as applicable, particular expertise
in--
(i) planning under the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16
U.S.C. 1600 et seq.);
(ii) the preparation of analyses under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(iii) programs under chapter 1 and chapter
2 of title 23, United States Code; or
(iv) consultation and the preparation of
biological opinions under section 7 of the
Endangered Species Act of 1973 (16 U.S.C.
1536).
(B) Duties.--Each employee designated under
subparagraph (A) shall--
(i) not later than 90 days after the date
of designation, report to the manager of the
Bureau of Land Management field office to which
the employee is assigned;
(ii) be responsible for any issue relating
to any broadband project within the
jurisdiction of the field office described in
clause (i) under the authority of the Federal
agency from which the employee is assigned;
(iii) participate as part of the team of
personnel working on one or more proposed
broadband projects, including planning and
environmental analyses; and
(iv) serve as the designated point of
contact with any applicable State that assumes
any responsibility under section 4(b)(1)
relating to any issue described in clause (ii).
(d) Funding.--This section shall be carried out using such amounts
as are necessary from other amounts available that are not otherwise
obligated.
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