[Congressional Record Volume 167, Number 143 (Sunday, August 8, 2021)]
[Senate]
[Pages S6058-S6059]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2652. 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) 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.

       ``(B) 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.
       ``(C) 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)(C)(ii) within a right-of-way on a Federal-aid 
     highway.
       ``(4) Exclusion.--Paragraph (3) shall not apply to a 
     utility facility on Indian land.
       ``(5) Rule of construction.--Nothing in this subsection 
     shall be construed to alter or affect--
       ``(A) the regulatory classification of broadband services 
     or facilities under the Communications Act of 1934 (47 U.S.C. 
     151 et seq.); or
       ``(B) any prohibition on commercial activity under section 
     111(a).'';
       (3) in subsection (o)--
       On page 202, line 23, strike ``(3)'' and insert ``(4)''.

[[Page S6059]]

       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.''.
                                 ______