[Congressional Record Volume 167, Number 139 (Wednesday, August 4, 2021)]
[Senate]
[Page S5875]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2550. Mr. OSSOFF (for himself and Mr. Whitehouse) 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:

        On page 202, strike line 5 and insert the following:
       (2) in subsection (l)--
       (A) by striking paragraph (2);
       (B) by striking the subsection designation and all that 
     follows through ``In determining'' in paragraph (1) in the 
     matter preceding subparagraph (A) and inserting the 
     following:
       ``(l) Accommodating Utility Facilities in the Right-of-
     way.--
       ``(1) Definitions.--In this subsection:
       ``(A) Federal land.--The term `Federal land' means any land 
     or interest in land owned by the United States.
       ``(B) Indian land.--The term `Indian land' means--
       ``(i) land within the limits of an Indian reservation; or
       ``(ii) land over which an Indian Tribe exercises 
     governmental power and that is--

       ``(I) held in trust by the United States for the benefit of 
     any Indian tribe or individual Indian; or
       ``(II) held by an Indian Tribe or individual Indian subject 
     to restriction by the United States against alienation.

       ``(C) Right-of-way.--The term `right-of-way' means any real 
     property, or interest therein, acquired, dedicated, or 
     reserved for the construction, operation, and maintenance of 
     a highway.
       ``(D) Utility facility.--
       ``(i) In general.--The term `utility facility' means any 
     privately, publicly, or cooperatively owned line, facility, 
     or system for producing, transmitting, or distributing 
     communications, power, electricity, light, heat, gas, water, 
     steam, waste, storm water not connected with highway 
     drainage, or any other similar commodity, including any fire 
     or police signal system or street lighting system, that 
     directly or indirectly serves the public.
       ``(ii) Inclusions.--The term `utility facility' includes--

       ``(I) a renewable energy generation facility;
       ``(II) electrical transmission and distribution 
     infrastructure; and
       ``(III) broadband infrastructure and conduit.

       ``(2) Accommodation.--In determining''; and
       (C) by adding at the end the following:
       ``(3) State approval.--A State, on behalf of the Secretary, 
     may approve accommodating a utility facility described in 
     paragraph (1)(D)(ii) within a right-of-way on a Federal-aid 
     highway.
       ``(4) Exclusion.--Paragraph (3) shall not apply to a 
     utility facility on Federal land or Indian land.
       ``(5) Savings provision.--Nothing in this subsection alters 
     or affects any prohibition relating to commercial activity 
     under section 111(a).'';
       (3) in subsection (o)--
       On page 202, line 23, strike ``(3)'' and insert ``(4)''.

       On page 203, strike line 17 and insert the following:
     the project is located on a Federal-aid highway.
       ``(t) Vegetation Management.--States are encouraged to 
     implement, or to enter into partnerships to implement, 
     vegetation management practices, such as increased mowing 
     heights and planting native grasses and pollinator-friendly 
     habitats, along a right-of-way on a Federal-aid highway, if 
     the implementation of those practices--
       ``(1) is in the public interest; and
       ``(2) will not impair the highway or interfere with the 
     free and safe flow of traffic.''.
                                 ______