[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3657 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3657

       To establish fees for communication sites on public lands.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 22, 1993

Mr. LaRocco (for himself, Mr. Lehman, Mr. Rahall, Mr. Young of Alaska, 
    Mr. Richardson, Mr. Schiff, and Mrs. Vucanovich) introduced the 
following bill; which was referred jointly to the Committees on Natural 
                       Resources and Agriculture

_______________________________________________________________________

                                 A BILL


 
       To establish fees for communication sites on public lands.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. COMMUNICATION SITE USE FEES.

    (a) Fees.--Notwithstanding any other provision of law, the 
Secretary of the Interior and the Secretary of Agriculture (hereinafter 
referred to as the ``Secretaries''), shall assess and collect charges 
for utilization of radio and television communications sites located on 
Federal lands administered by the Forest Service or the Bureau of Land 
Management at such rates as the Forest Service and the Bureau of Land 
Management shall establish or at such modified rates as are established 
pursuant to the provisions of subsection (b) of this section.
    (b) Adjustments.--(1) The Schedule of Charges established under 
this section shall be reviewed by the Forest Service and the Bureau of 
Land Management on an annual basis, and shall be adjusted by the Forest 
Service and the Bureau of Land Management to reflect changes in the 
Consumer Price Index. Increases or decreases in charges shall apply to 
all categories of charges, but any increase or decrease shall not total 
less than 3 percent or more than 5 percent of the charge assessed to 
the user in the preceding year. The Bureau of Land Management and the 
Forest Service shall transmit to the Congress notification of any such 
adjustment not later than 60 days before the effective date of such 
adjustment.
    (2) Under the Schedule of Changes established under the section, if 
any radio or television communications site user is to be charged an 
amount that is greater than $1,000 more than the amount such site user 
pays to the Bureau of Land Management or the Forest Service as of 
January 1, 1993, then during the first year in which the Schedule of 
Charges is in effect, such site user shall pay an amount equal to the 
amount it paid to the Bureau of Land Management of the Forest Service 
as of January 1, 1993, plus $1,000. Each year thereafter, such site 
user shall pay the full amount under the Schedule of Charges, as 
modified pursuant to the subsection.
    (3) Under the Schedule of Charges established under this section, 
if any radio or television communications site user is to be charged an 
amount that is less than the amount such site user paid to the Bureau 
of Land Management or the Forest Service as of January 1, 1993, then 
such site user shall continue to pay the higher amount until such time 
as the charge to the site user in the Schedule of Charges equals or 
exceeds that amount, as modified pursuant to this subsection.
    (c) Additional Users.--(1) If the radio or television 
communications site user is permitted under the terms of its site use 
authorization from the Bureau of Land Management or the Forest Service 
to grant access to the site to additional users, then the radio or 
television communications site user shall pay annually to the Bureau of 
Land Management or the Forest Service an amount equal to 25 percent of 
the gross income it receives from each such additional user during that 
year.
    (2) Authorizations to radio and television communications site 
users shall require such site users to provide the Bureau of Land 
Management or the Forest Service with a certified list which identifies 
all additional users of such sites and all gross revenues received from 
such additional users. The Bureau of Land Management and the Forest 
Service shall not require any additional user of a radio or television 
communications site to obtain a separate authorization to use such a 
site.
    (d) Administrative Provisions.--(1) The Secretaries shall prescribe 
appropriate rules and regulations to carry out the provisions of this 
section.
    (2) Ten years after the date of enactment of this section, the 
Secretaries shall establish a broad-based advisory group, including 
representatives from the radio and television broadcast industry, to 
review the Schedule of Charges and other acceptable criteria for 
determining fair market value for radio and television communications 
site uses. The advisory group shall report its findings to the Congress 
no later than 1 year after it is established.
    (e) Existing Charges.--(1) Until modified pursuant to subsection 
(b) of this section, the Schedule of Charges for television 
communications site users which the Secretaries shall prescribe 
pursuant to subsection (a) of this section shall be as listed in 
exhibit 3 (television rental fee schedule) in the report of the radio 
and television broadcast use fee advisory committee dated December 
1992.
    (2) Until modified pursuant to subsection (b) of this section, the 
Schedule of Charges for radio communications site users which the 
Secretaries shall prescribe pursuant to subsection (a) of this section 
shall be as listed in exhibit 4, radio rental fee schedule in the 
report of the radio and television broadcast use fee advisory committee 
dated December 1992.

SEC. 2. NONBROADCAST COMMUNICATION SITE ADVISORY BOARD.

    (a) Establishment.--The Secretaries of the Interior and Agriculture 
are directed to jointly establish a broad-based advisory group 
comprised of representatives from the nonbroadcast communications 
industry (users of both private and public communication sites) and the 
2 agencies to review recommendations on acceptable criteria for 
determining fair market values and next best alternative use.
    (b) Review.--The advisory group shall review the methodology used 
in any previous studies and reach concurrence on such methodology.
    (c) Assessments.--The advisory group shall also assess the validity 
of the results of such studies, taking into account all reasonable 
options for the establishment of fair market values and next best 
alternative use.
    (d) Report.--The advisory group shall report its findings to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of Representatives within 1 
year after the enactment of this Act.

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