[Congressional Record Volume 167, Number 138 (Tuesday, August 3, 2021)]
[Senate]
[Pages S5771-S5772]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2417. Ms. LUMMIS (for herself and Mr. Hickenlooper) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of division D, add the following:

           TITLE XIII--RURAL BROADBAND PERMITTING EFFICIENCY

     SEC. 41301. SHORT TITLE.

       This title may be cited as the ``Rural Broadband Permitting 
     Efficiency Act of 2021''.

     SEC. 41302. DEFINITIONS.

       In this title:
       (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, poles, 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. 41303. 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.
       (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 
     and 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, which consent may be 
     withdrawn at any time before the work under the

[[Page S5772]]

     memorandum of understanding is complete; 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. 41304. 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 and 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 41303(b)(1) relating to any 
     issue described in clause (i).

     SEC. 41305. EFFECT.

       (a) In General.--Nothing in this title or a memorandum of 
     understanding entered into under section 41303 terminates, 
     waives, modifies, or reduces the trust responsibility of the 
     United States to Indian Tribes or individual Indians.
       (b) Requirement.--In carrying out this title, the Secretary 
     concerned shall act in good faith in upholding the trust 
     responsibility of the United States to Indian Tribes or 
     individual Indians.
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