115 HR 2425 IH: Public Lands Telecommunications Act U.S. House of Representatives 2017-05-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 2425IN THE HOUSE OF REPRESENTATIVESMay 16, 2017Mr. Huffman 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 concernedA BILLTo support the establishment and improvement of communications sites on or adjacent to Federal lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture through the retention and use of rental fees associated with such sites, and for other purposes.

1.

Short title

This Act may be cited as the Public Lands Telecommunications Act.

2.

Definitions

In this Act: (1)

Communications site

The term communications site means an area of Federal lands designated for telecommunications uses. (2)

Communications use

The term communications use means the placement and operation of infrastructure for wireline or wireless telecommunications, regardless of whether the use of radio frequencies by such telecommunications is pursuant to a license issued by the Federal Communications Commission or on an unlicensed basis in accordance with the regulations of the Commission. The term includes ancillary activities directly related to such placement and operation. (3)

Communications use authorization

The term communications use authorization means a right-of-way, permit, or lease granted, issued, or executed by a Federal land management agency for the primary purpose of authorizing the occupancy and use of Federal lands for communications use. (4)

Federal land management agency

The term Federal land management agency means the National Park Service, the United States Fish and Wildlife Service, the Bureau of Land Management, the Bureau of Reclamation, and the Forest Service. (5)

Federal lands

The term Federal lands means lands under the jurisdiction and management of a Federal land management agency. (6)

Rental fee

The term rental fee means the fee collected by a Federal land management agency for the occupancy and use authorized by a communications use authorization pursuant to and consistent with authorizing law.

3.

Retention of rental fees associated with communications use authorizations on Federal lands and Federal land management agency support for communication site programs

(a)

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 rental fees received by a Federal land management agency for communications use authorizations on Federal lands granted, issued, or executed by the Federal land management agency. (b)

Deposit and Retention of rental fees

Rental fees received by a Federal land management agency shall— (1)be deposited in the special account established for that Federal land management agency; and (2)remain available for expenditure under subsection (c), to the extent and in such amounts as are provided in advance in appropriation Acts. (c)

Expenditure of retained fees

Amounts deposited in the special account for a Federal land management agency shall be used for Federal land management agency activities related to communications sites, including the following: (1)Administering communications use authorizations, including cooperative agreements under section 4. (2)Preparing needs assessments or other programmatic analyses necessary to designate communications sites and authorize communications uses on or adjacent to Federal lands. (3)Developing management plans for communications sites on or adjacent to Federal lands. (4)Training for management of communications sites on or adjacent to Federal lands. (5)Obtaining or improving access to communications sites on or adjacent to Federal lands. (d)

No effect on other fee retention authorities

This Act shall not limit or otherwise affect fee retention by a Federal land management agency under any other authority.

4.

Cooperative agreement authority

(a)

Department of the interior

The Secretary of the Interior may enter into cooperative agreements to carry out the activities described in section 3(c). (b)

Forest service

The Secretary of Agriculture, acting through the Chief of the Forest Service, may enter into cooperative agreements to carry out the activities described in section 3(c).