[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.
____________________