[Congressional Record Volume 164, Number 152 (Wednesday, September 12, 2018)]
[House]
[Pages H8130-H8133]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           RURAL BROADBAND PERMITTING EFFICIENCY ACT OF 2018

  Mr. GIANFORTE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4824) to allow certain State permitting authority to 
encourage expansion of broadband service to rural communities, and for 
other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4824

       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 ``Rural Broadband Permitting 
     Efficiency Act of 2018''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Broadband project.--The term ``broadband project'' 
     means an installation by a broadband provider of wireless or 
     broadband infrastructure, including but not limited to, 
     copper lines, fiber optic lines, communications towers, 
     buildings, or other improvements on Federal land.
       (2) Broadband provider.--The term ``broadband provider'' 
     means a provider of wireless or broadband infrastructure that 
     enables a user to originate and receive high-quality voice, 
     data, graphics, and video telecommunications.
       (3) Indian lands.--The term ``Indian Lands'' means--
       (A) any land owned by an Indian Tribe, located within the 
     boundaries of an Indian reservation, pueblo, or rancheria; or
       (B) any land located within the boundaries of an Indian 
     reservation, pueblo, or rancheria, the title to which is 
     held--
       (i) in trust by the United States for the benefit of an 
     Indian Tribe or an individual Indian;
       (ii) by an Indian Tribe or an individual Indian, subject to 
     restriction against alienation under laws of the United 
     States; or
       (iii) by a dependent Indian community.
       (4) Indian tribe.--The term ``Indian Tribe'' means a 
     federally recognized Indian Tribe.
       (5) 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.
       (6) 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 Department of the Interior (including land 
     held in trust for an Indian Tribe).

     SEC. 3. STATE OR TRIBAL PERMITTING AUTHORITY.

       (a) In General.--The Secretary concerned shall establish 
     (or in the case where both Department of the Interior and 
     National Forest System land would be affected, shall jointly 
     establish) a voluntary program under which any State or 
     Indian Tribe may offer, and the Secretary concerned may 
     agree, to enter into a memorandum of understanding to allow 
     for the State or Indian Tribe to prepare environmental 
     analyses required under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.) for the permitting of 
     broadband projects within an operational right-of-way on 
     National Forest System land, land managed by the Department 
     of the Interior, and Indian Lands. Under such a memorandum of 
     understanding, an Indian Tribe or State may volunteer to 
     cooperate with the signatories to the memorandum in the 
     preparation of the analyses required under the National 
     Environmental Policy Act of 1969.
       (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 or Indian Tribe, and the State or Indian 
     Tribe may agree to assume, all or part of the 
     responsibilities of the Secretary concerned for environmental 
     analyses under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.).
       (2) State or indian tribe responsibility.--
       (A) In general.--A State or Indian Tribe 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 or 
     Indian Tribe that assumes any responsibility, including 
     financial 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 the date on which the program is 
     terminated under subsection (g).
       (C) Environmental review.--A State or Indian Tribe that 
     assumes any responsibility under paragraph (1) shall comply 
     with the environmental review procedures under parts 1500-
     1508 of title 40, Code of Federal Regulations (or successor 
     regulations), and the regulations of the Secretary concerned.
       (3) Federal responsibility.--Any responsibility of the 
     Secretary concerned described in paragraph (1) that is not 
     explicitly assumed by the State or Indian Tribe in the 
     memorandum of understanding shall remain the responsibility 
     of the Secretary concerned.
       (c) Offer and Notification.--A State or Indian Tribe 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 or Indian Tribe not later 
     than 90 days before the date on which the State or Indian 
     Tribe submits a formal written offer to the Secretary 
     concerned.
       (d) Tribal Consultation.--Within 90 days of entering into 
     any memorandum of understanding with a State, the Secretary 
     concerned shall initiate consultation with relevant Indian 
     Tribes.

[[Page H8131]]

       (e) Memorandum of Understanding.--A memorandum of 
     understanding entered into under this section shall--
       (1) be executed by the Governor or the Governor's designee, 
     or in the case of an Indian Tribe, by an officer designated 
     by the governing body of the Indian Tribe;
       (2) be for a term not to exceed 10 years;
       (3) be in such form as the Secretary concerned may 
     prescribe;
       (4) provide that the State or Indian Tribe--
       (A) agrees to assume all or part of the responsibilities of 
     the Secretary concerned described in subsection (b)(1);
       (B) expressly consents, including through the adoption of 
     express waivers of sovereign immunity, on behalf of the State 
     or Indian Tribe, 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 or Indian Tribe;
       (C) certify that State laws and regulations, with respect 
     to States, or Tribal laws and regulations, with respect to 
     Indian Tribes, are in effect that--
       (i) authorize the State or Indian Tribe 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;
       (E) agrees to provide to the Secretary concerned any 
     information the Secretary concerned considers necessary to 
     ensure that the State or Indian Tribe is adequately carrying 
     out the responsibilities assigned to and assumed by the State 
     or Indian Tribe;
       (F) agrees to return revenues generated from the use of 
     public lands authorized under this section to the United 
     States annually, in accordance with the Federal Land Policy 
     Management Act of 1976 (43 U.S.C. 1701 et seq.); and
       (G) agrees to send a copy of all authorizing documents to 
     the United States for proper notation and recordkeeping;
       (5) prioritize and expedite any analyses under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     under the memorandum of understanding;
       (6) not be granted to a State on Indian Lands without the 
     consent of the relevant Indian Tribe; and
       (7) not be granted to an Indian Tribe on State lands 
     without the consent of the relevant State.
       (f) Limitation.--Nothing in this section permits a State or 
     Indian Tribe to assume--
       (1) any rulemaking authority of the Secretary concerned 
     under any Federal law; and
       (2) Federal Government responsibilities for government-to-
     government consultation with Indian Tribes.
       (g) Termination.--
       (1) Termination by the secretary.--The Secretary concerned 
     may terminate the participation of any State or Indian Tribe 
     in the program established under this section if--
       (A) the Secretary concerned determines that the State or 
     Indian Tribe is not adequately carrying out the 
     responsibilities assigned to and assumed by the State or 
     Indian Tribe;
       (B) the Secretary concerned provides to the State or Indian 
     Tribe--
       (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 or Indian Tribe, 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 or indian tribe.--A State or 
     Indian Tribe may terminate the participation of the State or 
     Indian Tribe 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.
       (3) Termination of memorandum of understanding with state 
     or indian tribe.--A State or an Indian Tribe may terminate a 
     joint memorandum of understanding under this section at any 
     time by providing to the Secretary concerned a notice of 
     intent to terminate by no later than the date that is 90 days 
     before the date of termination.

     SEC. 4. FEDERAL BROADBAND PERMIT COORDINATION.

       (a) Establishment.--The Secretary concerned shall establish 
     a broadband permit streamlining team comprised of qualified 
     staff under subsection (b)(4) in each State or regional 
     office that has been delegated responsibility for issuing 
     permits for broadband projects.
       (b) Memorandum of Understanding.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary concerned, in 
     consultation with the National Conference of State Historic 
     Preservation Officers and the National Tribal Historic 
     Preservation Officers Association, shall enter into a 
     memorandum of understanding to carry out this section with--
       (A) the Secretary of Agriculture or of the Interior, as 
     appropriate;
       (B) the Director of the Bureau of Indian Affairs; and
       (C) the Director of the United States Fish and Wildlife 
     Service.
       (2) Purpose.--The purpose of the memorandum of 
     understanding under paragraph (1) is to coordinate and 
     expedite permitting decisions for broadband projects.
       (3) State or tribal participation.--The Secretary concerned 
     may request that the Governor of any State or the officer 
     designated by the governing body of the Indian Tribe 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 
     concerned) may, if the head of the Federal agency determines 
     it to be appropriate, designate to each State or regional 
     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.) and 
     planning under the Federal Land Policy Management Act of 1976 
     (43 U.S.C. 1701 et seq.);
       (ii) the preparation of analyses under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
       (iii) 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) be responsible for any issue relating to any broadband 
     project within the jurisdiction of the State or regional 
     office under the authority of the Federal agency from which 
     the employee is assigned;
       (ii) participate as part of the team of personnel working 
     on one or more proposed broadband projects, including 
     planning and environmental analyses; and
       (iii) serve as the designated point of contact with any 
     applicable State or Indian Tribe that assumes any 
     responsibility under section 3(b)(1) relating to any issue 
     described in clause (i).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Montana (Mr. Gianforte) and the gentlewoman from Massachusetts (Ms. 
Tsongas) each will control 20 minutes.
  The Chair recognizes the gentleman from Montana.


                             General Leave

  Mr. GIANFORTE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Montana?
  There was no objection.
  Mr. GIANFORTE. Mr. Speaker, I yield myself such time as I may 
consume.
  H.R. 4824, introduced by  John Curtis of Utah, is the Rural Broadband 
Permitting Efficiency Act of 2018. The bill, which I have cosponsored, 
provides much-needed efficiency to the broadband permitting process on 
Federal lands to ensure underserved communities receive this vital 
utility.
  Approximately 40 percent of rural Americans do not have access to 
broadband internet. Without adequate and consistent internet access, 
people are unable to effectively communicate, gain access to vital 
information services, and increasingly participate in the American 
workforce.
  Currently, providers who wish to install broadband infrastructure in 
existing utility and road rights-of-way on Federal land are frequently 
required to obtain approval from multiple Federal and State agencies. 
If the infrastructure crosses Indian Country, the Bureau of Indian 
Affairs is involved. This cumbersome process also includes extensive 
environmental review under the National Environmental Policy Act.
  H.R. 4824 streamlines broadband permitting in existing rights-of-way, 
saving time and money in broadband deployment. Specifically, this bill 
authorizes a program to enhance the permitting process for broadband 
internet projects in each of the Bureau of Land Management's State 
offices.
  H.R. 4824 also authorizes the Bureau and the U.S. Forest Service to 
enter into agreements with States and Tribes to allow those entities to 
carry out environmental reviews for broadband projects within existing 
rights-of-way on Federal land. This coordinated approach should help 
alleviate unnecessary delays in permit processing and encourage 
providers and States to pursue broadband deployment projects, 
particularly in rural areas.

[[Page H8132]]

  Congressman Curtis should be commended for his work on this bill and 
his efforts to have it considered by the House today.
  Mr. Speaker, I urge adoption of the measure, and I reserve the 
balance of my time.

                                         House of Representatives,


                               Committee on Natural Resources,

                                   Washington, DC, August 1, 2018.
     Hon. K. Michael Conaway,
     Chairman, Committee on Agriculture,
     Washington, DC.
       Dear Mr. Chairman: I write regarding H.R. 4824, the Rural 
     Broadband Permitting Efficiency Act of 2018, which was 
     primarily referred to the Committee on Natural Resources and 
     additionally referred to your committee. The Natural 
     Resources Committee ordered the bill favorably reported by 
     voice vote on June 6, 2018, and my staff has shared with your 
     staff a draft bill report, a copy of the bill as ordered 
     reported and the cost estimate prepared by the Congressional 
     Budget Office.
       I ask that you allow your committee to be discharged from 
     further consideration of the bill so that it may be quickly 
     scheduled by the Majority Leader. I agree that this discharge 
     in no way affects your jurisdiction over the subject matter 
     of the bill, and it will not serve as precedent for future 
     referrals. In addition, should a conference on the bill be 
     necessary, I would support your request to have your 
     committee be represented on the conference committee. 
     Finally, I would be pleased to include this letter and your 
     response in the report for the bill and in the Congressional 
     Record during debate on the bill to document our agreement.
       Thank you very much for your consideration of my request, 
     and I look forward to bringing H.R. 4824 to the Floor soon.
           Sincerely,

                                                   Rob Bishop,

                                                         Chairman,
     Committee on Natural Resources.
                                  ____

                                         House of Representatives,


                                     Committee on Agriculture,

                                    Washington, DC, July 30, 2018.
     Hon. Rob Bishop,
     Chairman, Committee on Natural Resources,
     Washington, DC.
       Dear Mr. Chairman: Thank you for the opportunity to review 
     H.R. 4824, the Rural Broadband Permitting Efficiency Act of 
     2018. As you are aware, the bill was primarily referred to 
     the Committee on Natural Resources, while the Agriculture 
     Committee received an additional referral.
       I recognize and appreciate your desire to bring this 
     legislation before the House in an expeditious manner and, 
     accordingly, I agree to discharge H.R. 4824 from further 
     consideration by the Committee on Agriculture. I do so with 
     the understanding that by discharging the bill, the Committee 
     on Agriculture does not waive any future jurisdictional claim 
     on this or similar matters. Further, the Committee on 
     Agriculture reserves the right to seek the appointment of 
     conferees, if it should become necessary.
       I ask that you insert a copy of our exchange of letters 
     into the Congressional Record during consideration of this 
     measure on the House floor.
       Thank you for your courtesy in this matter and I look 
     forward to continued cooperation between our respective 
     committees.
           Sincerely,
                                               K. Michael Conaway,
                                                         Chairman.

  Ms. TSONGAS. Mr. Speaker, I yield myself such time as I may consume.
  Expanding broadband access in rural America and communities adjacent 
to public lands is a bipartisan priority on the Natural Resources 
Committee.
  I want to thank Representative Curtis for working with committee 
Democrats to improve this bill since it was introduced.
  H.R. 4824 gives States the primary responsibility for issuing 
environmental review permits for broadband projects in those areas that 
already have rights-of-way for existing infrastructure, such as roads, 
bridges, and trails.
  At markup, Representative Curtis amended the bill to address several 
concerns brought forward by Native American stakeholders and committee 
Democrats. This includes guarantees that Tribal governments are 
consulted and can participate in the development of memoranda of 
understanding for projects that cross their land. This is a critical 
improvement.
  The bill we are considering today also removes language that would 
have broadly exempted certain projects from any environmental reviews 
and eliminated public comment periods.
  However, there are still a number of outstanding issues that I hope 
can be addressed as this bill makes its way through the legislative 
process in the Senate. For example, I believe that we should continue 
to perfect language that allows for public comment periods and 
strengthens the ability of our Federal land management agencies to 
enforce any MOU that is signed with a State government.
  We would also like to continue discussions in order to ensure that 
everyday citizens receive protection under the Equal Access to Justice 
Act, a law that ensures all citizens have the ability to participate in 
government decisionmaking.
  I believe these are commonsense changes that won't hamper rural 
broadband development. I do not oppose passage of the legislation 
through the House at this time, but I look forward to continued 
bipartisan and bicameral work on the remaining issues.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GIANFORTE. Mr. Speaker, I yield 4 minutes to the gentleman from 
Utah (Mr. Curtis).
  Mr. CURTIS. Mr. Speaker, I am pleased the House is considering my 
bill today, H.R. 4824, the Rural Broadband Permitting Efficiency Act of 
2018.
  I want to express my appreciation to Senator Orrin Hatch, who 
introduced the bill in the Senate, as well Chairman  Rob Bishop for 
moving the bill through the Natural Resources Committee.
  I would also like to thank various stakeholders that have taken part 
in the process creating this bill. Additionally, I would like to thank 
the 12 Members who joined me on this important bill as cosponsors, 
including my good friend from Montana (Mr. Gianforte).
  The need to give greater access to high-speed broadband services for 
rural communities is broadly supported, evidenced by the diverse 
coalition of stakeholders supporting my commonsense legislation, 
including NTCA, WTA, the American Library Association, the Utah 
Education and Telehealth Network, the Utah Governor's Office of 
Economic Development, the Utah Rural Broadband Association, and the 
Navajo Nation, to name just a few.
  The purpose of my bill is simple: We need to do a better job 
connecting our rural and remote communities with greater access to 
broadband and high-speed internet. I believe that increasing access to 
broadband services in rural areas, like many places in my home State of 
Utah, is an important first step to help bridge the digital divide and 
to provide an enhanced quality of life for these areas. This 
infrastructure is critical to ensure schools, hospitals, libraries, and 
small businesses have access to modern-day internet speeds. This 
legislation will provide economic development opportunities for small 
businesses and residents in our rural towns.
  Currently, the permitting process for a broadband project across 
Federal lands can take many years, in some cases, as much as 8 or 9 
years. In my view, this is completely unacceptable. My bill improves 
and speeds up the permitting process on Federal lands, while also 
safeguarding and enforcing current-day Federal environmental laws.
  I have visited three different Native American Tribes since my 
election to Congress and have learned some of the unique problems 
facing these communities. I was proud to work with several Native 
American Tribes, including the Navajo Nation in my district, to ensure 
Tribal governments can utilize these new programs established within my 
bill.
  I was touched by a letter of support I received this week from 
President Begaye, the president of the Navajo Nation. I have visited 
the Navajo Nation three times since coming to Congress, and I hope this 
bill passes so that, on my next visit, we can celebrate the passage of 
this bill together.
  My bill is a big win for Americans living in rural communities, 
especially Utahns, and I encourage my House colleagues to join me in 
voting in support of H.R. 4824. I hope the Senate will also quickly 
take up this measure and send it to the President's desk.
  Ms. TSONGAS. Mr. Speaker, I yield back the balance of my time.
  Mr. GIANFORTE. Mr. Speaker, I urge adoption of this bill, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Montana (Mr. Gianforte) that the House suspend the rules 
and pass the bill, H.R. 4824, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill to allow 
certain

[[Page H8133]]

State and tribal permitting authority to encourage expansion of 
broadband service to rural and tribal communities, and for other 
purposes.''.
  A motion to reconsider was laid on the table.

                          ____________________