[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2611 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 2611
To support the establishment and improvement of communications sites on
or adjacent to Federal lands under the jurisdiction of the Secretary of
the Interior or the Secretary of Agriculture through the retention and
use of rental fees associated with such sites, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 9, 2019
Mr. Huffman (for himself, Ms. Eshoo, and Mr. Thompson of Mississippi)
introduced the following bill; which was referred to the Committee on
Natural Resources, and in addition to the Committee on Agriculture, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To support the establishment and improvement of communications sites on
or adjacent to Federal lands under the jurisdiction of the Secretary of
the Interior or the Secretary of Agriculture through the retention and
use of rental fees associated with such sites, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Lands Telecommunications
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Communications site.--The term ``communications site''
means an area of Federal lands designated for
telecommunications uses.
(2) Communications use.--The term ``communications use''
means the placement and operation of infrastructure for
wireline or wireless telecommunications, including cable
television, television, and radio communications, regardless of
whether such placement and operation is pursuant to a license
issued by the Federal Communications Commission or on an
unlicensed basis in accordance with the regulations of the
Commission. The term includes ancillary activities, uses, or
facilities directly related to such placement and operation.
(3) 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 lands for communications use.
(4) Federal land management agency.--The term ``Federal
land management agency'' means the National Park Service, the
United States Fish and Wildlife Service, the Bureau of Land
Management, and the Bureau of Reclamation.
(5) Federal lands.--The term ``Federal lands'' means lands
under the jurisdiction and management of a Federal land
management agency.
(6) Rental fee.--The term ``rental fee'' means the fee
collected by a Federal land management agency for the occupancy
and use authorized by a communications use authorization
pursuant to and consistent with authorizing law.
SEC. 3. COLLECTION AND RETENTION OF RENTAL FEES ASSOCIATED WITH
COMMUNICATIONS USE AUTHORIZATIONS ON FEDERAL LANDS AND
FEDERAL LAND MANAGEMENT AGENCY SUPPORT FOR COMMUNICATION
SITE PROGRAMS.
(a) Special Account Required.--The Secretary of the Treasury shall
establish a special account in the Treasury for each Federal land
management agency for the deposit of rental fees received by the
Federal land management agency for communications use authorizations on
Federal lands granted, issued, or executed by the Federal land
management agency.
(b) Competitively Neutral.--Notwithstanding any other provision of
law, any rental fees collected pursuant to this Act shall be
competitively neutral, technology neutral, and nondiscriminatory with
respect to other uses of the communication site.
(c) Rental Fees.--
(1) Limitation on amount of rental fees.--Rental fees shall
not exceed the fee schedules published by the Secretary of the
Interior for communication use rights-of-way.
(2) Revision of rental fee schedules for communication
sites rights of way.--Not later than 1 year after the date of
the enactment of this Act, through a public process that
includes consideration of industry comments, the Secretary of
the Interior shall revise the communication sites rights-of-way
rental fee schedule to reflect current communication
technologies, including the physical footprint of such
technologies.
(d) Deposit and Retention of Rental Fees.--Rental fees received by
a Federal land management agency shall--
(1) be deposited in the special account established for
that Federal land management agency; and
(2) remain available for expenditure under subsection (e),
to the extent and in such amounts as are provided in advance in
appropriation Acts.
(e) Expenditure of Retained Fees.--Amounts deposited in the special
account for a Federal land management agency shall be used solely for
Federal land management agency activities related to communications
sites, including the following:
(1) Administering communications use authorizations,
including cooperative agreements under section 4.
(2) Preparing needs assessments or other programmatic
analyses necessary to establish communications sites and
authorize communications uses on or adjacent to Federal lands.
(3) Developing management plans for communications sites on
or adjacent to Federal lands on a competitively neutral,
technology neutral, nondiscriminatory basis.
(4) Training for management of communications sites on or
adjacent to Federal lands.
(5) Obtaining, improving access to, or establishing
communications sites on or adjacent to Federal lands.
(f) No Effect on Other Fee Retention Authorities.--This Act shall
not limit or otherwise affect fee retention by a Federal land
management agency under any other authority.
SEC. 4. COOPERATIVE AGREEMENT AUTHORITY.
The Secretary of the Interior may enter into cooperative agreements
to carry out the activities described in section 3(e).
SEC. 5. CLARIFICATION OF COOPERATIVE AGREEMENT AUTHORITY OF THE
SECRETARY OF AGRICULTURE.
Section 8705(f) of the Agriculture Improvement Act of 2018 (Public
Law 115-334) is amended by adding at the end the following:
``(6) Cooperative agreement authority.--The Secretary may
enter into cooperative agreements to carry out the activities
described in subparagraphs (A) through (D) of paragraph (4).''.
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