[Congressional Record Volume 167, Number 140 (Thursday, August 5, 2021)]
[Senate]
[Pages S5980-S5981]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2610. 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 located within the boundaries of--

       ``(I) an Indian reservation, pueblo, or rancheria; or
       ``(II) a former reservation within Oklahoma; and

       ``(ii) land not located within the boundaries of an Indian 
     reservation, pueblo, or rancheria--

       ``(I) the title to which is held in trust by the United 
     States for the benefit of an Indian Tribe or an individual 
     Indian;
       ``(II) the title to which is held by an Indian Tribe or an 
     individual Indian, subject to restriction against alienation 
     under laws of the United States; or
       ``(III) the title to which is held by a dependent Indian 
     community.

       ``(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

[[Page S5981]]

     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) Limitations.--Paragraph (3) shall not apply to--
       ``(A) a utility facility on Indian land; or
       ``(B) a utility facility on Federal land, other than for 
     the purpose of deployment of broadband infrastructure located 
     within a right-of-way available to a State.
       ``(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.''.
                                 ______