[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2702-S2703]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 583. Mr. BARRASSO (for himself and Ms. Lummis) submitted an
amendment intended to be proposed by him to the bill S. 2226, to
authorize appropriations for fiscal year 2024 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
[[Page S2703]]
SEC. ___. STREAMLINING PERMITTING PROCESS FOR REPLACING
COVERED COMMUNICATIONS EQUIPMENT.
(a) Definitions.--In this section:
(1) Communications facility.--The term ``communications
facility'' includes--
(A) any infrastructure, including any transmitting device,
tower, or support structure, and any equipment, switches,
wiring, cabling, power sources, shelters, or cabinets,
associated with the licensed or permitted unlicensed wireless
or wireline transmission of writings, signs, signals, data,
images, pictures, and sounds of all kinds; and
(B) any antenna or apparatus that--
(i) is designed for the purpose of emitting radio
frequency;
(ii)(I) is designed to be operated, or is operating, from a
fixed location pursuant to authorization by the Federal
Communications Commission; or
(II) is using duly authorized devices that do not require
individual licenses; and
(iii) is added to a tower, building, pole, cable, or other
structure.
(2) Communications use authorization.--The term
``communications use authorization'' means a right-of-way,
permit, or lease granted, issued, or executed by a Federal
land management agency for the primary purpose of authorizing
the occupancy and use of Federal land for the construction,
placement, and operation of a communications facility.
(3) Covered communications equipment or services.--The term
``covered communications equipment or services'' has the
meaning given the term in section 9 of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1608).
(4) Federal land.--The term ``Federal land'' means land
under the jurisdiction and management of a Federal land
management agency.
(5) Federal land management agency.--The term ``Federal
land management agency'' means--
(A) the National Park Service;
(B) the Bureau of Land Management;
(C) the Bureau of Reclamation;
(D) the United States Fish and Wildlife Service; and
(E) the Forest Service.
(6) Previously disturbed federal land.--The term
``previously disturbed Federal land'', in the case of an
application for a communications use authorization, means
Federal land with respect to which a communications use
authorization has been granted for a substantially similar
use.
(7) Secure and trusted communications networks
reimbursement program.--The term ``Secure and Trusted
Communications Networks Reimbursement Program'' means the
program established under section 4(a) of the Secure and
Trusted Communications Networks Act of 2019 (47 U.S.C.
1603(a)).
(b) Previously Disturbed Rights-of-way Exemption.--No
review shall be required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of
subtitle III of title 54, United States Code, as a condition
of granting a communications use authorization for the
occupancy and use of previously disturbed Federal land in
order to replace covered communications equipment or services
using a reimbursement under the Secure and Trusted
Communications Networks Reimbursement Program.
(c) Wireless Facility Modifications.--Section 6409(a) of
the Middle Class Tax Relief and Job Creation Act of 2012 (47
U.S.C. 1455(a)) is amended by striking paragraph (3).
______