[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6915 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 6915
To support the establishment and improvement of communications sites on
or adjacent to Federal lands through the retention and use of rental
fees associated with such sites, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
January 5, 2024
Mr. Huffman (for himself and Mr. Khanna) introduced the following bill
January 9, 2024
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
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A BILL
To support the establishment and improvement of communications sites on
or adjacent to Federal lands 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 or approved for
communications use.
(2) Communications use.--The term ``communications use''--
(A) means the placement, operation, or both, of
infrastructure for wireline or wireless
telecommunications, including cable television,
television, and radio communications, regardless of
whether such placement or 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; and
(B) includes ancillary activities, uses, or
facilities directly related to such placement or
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 lands.--The term ``Federal lands'' means lands
under the jurisdiction and management of a Federal land
management agency.
(5) 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, the Bureau of Reclamation, and the Forest Service.
(6) Rental fee.--The term ``rental fee'' means a 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 COMMUNICATIONS
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 pursuant to this Act.
(b) Fair Market Value.--Notwithstanding any other provision of law,
any rental fee collected pursuant to this Act shall be of a fair market
value with respect to other uses of the communications 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 communications use rights-of-way or the fair
market value under subsection (b), whichever is greater.
(2) Revision of rental fee schedules for communications
sites rights-of-way.--Not later than 2 years 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 communications sites rights-of-
way rental fee schedule to reflect fair market value and
current communications 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 under subsection (a); 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 pursuant to this Act shall
be used solely by that Federal land management agency for activities
related to communications sites on lands managed by that Federal land
management agency, 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
managed by that Federal land management agency.
(3) Developing management plans for communications sites on
or adjacent to Federal lands managed by that Federal land
management agency on a competitively neutral, technology
neutral, nondiscriminatory basis.
(4) Training for management of communications sites on or
adjacent to Federal lands managed by that Federal land
management agency.
(5) Obtaining, improving access to, or establishing
communications sites on or adjacent to Federal lands managed by
that Federal land management agency.
(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 (43
U.S.C. 1761a(f)) 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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