[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2542 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2542
To amend the Rural Electrification Act of 1936 to establish a last acre
program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 26, 2023
Mrs. Fischer (for herself and Mr. Lujan) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Rural Electrification Act of 1936 to establish a last acre
program, 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 ``Linking Access to Spur Technology
for Agriculture Connectivity in Rural Environments Act of 2023'' or the
``LAST ACRE Act of 2023''.
SEC. 2. LAST ACRE PROGRAM.
(a) Amendment.--Title VI of the Rural Electrification Act of 1936
(7 U.S.C. 950bb et seq.) is amended by adding at the end the following:
``SEC. 607. LAST ACRE PROGRAM.
``(a) Purposes.--The purposes of this section are--
``(1) to advance precision agriculture connectivity
nationwide; and
``(2) to augment last mile broadband deployment for
agricultural producers by expanding high-speed internet access
across the last acre.
``(b) Definitions.--In this section:
``(1) Broadband internet access service.--The term
`broadband internet access service' has the meaning given the
term in section 8.1(b) of title 47, Code of Federal Regulations
(or any successor regulation).
``(2) Broadband maps.--The term `broadband maps' means any
map created under--
``(A) section 802(c)(1) of the Communications Act
of 1934 (47 U.S.C. 642(c)(1)); or
``(B) section 60105 of the Infrastructure
Investment and Jobs Act (47 U.S.C. 1704).
``(3) Commission.--The term `Commission' means the Federal
Communications Commission.
``(4) Configuration management plan.--The term
`configuration management plan', with respect to a covered
provider, means a comprehensive description of the roles,
responsibilities, policies, and procedures intended to improve
the integrity of the systems and networks of the covered
provider.
``(5) Covered producer.--
``(A) In general.--The term `covered producer'
means a person or entity that is directly engaged in
the production of agricultural products, including
crops or livestock, on eligible land that is unserved
or underserved, such that a majority of the gross
income of the person or entity is derived from those
products.
``(B) Inclusion.--The term `covered producer'
includes agricultural research centers of the
Agricultural Research Service.
``(6) Covered provider.--The term `covered provider'
means--
``(A) with respect to the provision of qualified
connectivity to eligible land, a provider of broadband
internet access service; or
``(B) with respect to the provision of wireless
solutions using or extending the range of network
connectivity, a provider of wireless equipment or
communications services, in association with an entity
described in subparagraph (A).
``(7) Eligible land.--The term `eligible land' means
cropland, grassland, rangeland, pastureland, farm sites, and
other agricultural land used for the active production of
agricultural commodities or livestock.
``(8) Farm site.--The term `farm site' means a portion of
land contiguous to land actively devoted to agricultural
production and that includes improvements that are agricultural
or horticultural in nature.
``(9) Limited resource farmer or rancher.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the term `limited resource farmer or rancher'
means a covered producer--
``(i) with direct or indirect gross farm
sales in each of the previous 2 years of not
more than $100,000, as adjusted for changes in
inflation since 2002 using the Prices Paid by
Farmer Index compiled by the National
Agricultural Statistics Service; and
``(ii) that has a total household income
that is--
``(I) at or below the national
poverty level for a family of 4; or
``(II) less than 50 percent of the
county median household income in each
of the previous 2 years.
``(B) Documentation.--For purposes of determining
if a covered producer is a limited resource farmer or
rancher, the Secretary may require the submission of
sufficient documentation to verify the status of the
covered producer.
``(C) Exclusion.--For purposes of this paragraph,
the term `covered producer' does not include the
agricultural research centers described in paragraph
(5)(B).
``(10) Precision agriculture.--The term `precision
agriculture' means managing, tracking, or reducing crop or
livestock production inputs, including seed, feed, fertilizer,
chemicals, water, and time, at a heightened level of spatial
and temporal granularity to improve efficiencies, reduce waste,
and maintain or improve environmental quality.
``(11) Qualifying connectivity.--
``(A) In general.--The term `qualifying
connectivity' means the service offered by a covered
provider as a result of assistance under subsection (c)
that--
``(i) is capable of a speed of not less
than--
``(I) a 100-Mbps downstream
transmission capacity; and
``(II) a 20-Mbps upstream
transmission capacity; and
``(ii) carries out not less than 1 of the
activities described in subparagraph (B).
``(B) Activities described.--The activities
referred to in subparagraph (A)(ii) are--
``(i) providing broadband internet access
service by any technology to structures and
devices on eligible land, including tractors,
combines, irrigation systems, drones, under-
soil sensors, livestock facilities, and farm
offices;
``(ii) providing multipoint wireless
network connectivity that facilitates data
transmission between structures and devices on
eligible land, including structures and devices
described in clause (i); and
``(iii) supporting--
``(I) the construction of wireless
infrastructure, including poles,
towers, base stations, or other
structures, regardless of whether the
structure has an existing antenna
facility, that is used or will be used
for the provision of wireless service;
or
``(II) the retrofitting of existing
towers or vertical structures, such as
water towers, grain elevators, or
center pivots, to accommodate wireless
infrastructure.
``(12) Remote area.--The term `remote area' means the
frontier and remote ZIP Code areas published by the Economic
Research Service.
``(13) Underserved.--The term `underserved' means, with
respect to eligible land, that the eligible land lacks access
to broadband internet access service that is capable of a speed
of not less than--
``(A) a 100-Mbps downstream transmission capacity;
and
``(B) a 20-Mbps upstream transmission capacity.
``(14) Unserved.--The term `unserved' means, with respect
to eligible land, eligible land that lacks access to broadband
internet access service that is capable of a speed of not less
than--
``(A) a 25-Mbps downstream transmission capacity;
and
``(B) a 3-Mbps upstream transmission capacity.
``(c) Establishment.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall establish a
program, to be known as the `Last Acre Program', to make grants
and loans to covered providers on a competitive basis to
provide qualifying connectivity to unserved and underserved
eligible land.
``(2) Limitation.--Of the amounts made available under
subsection (k) for a fiscal year for assistance under paragraph
(1), the Secretary may award not more than 10 percent to
agricultural research centers described in subsection
(b)(5)(B).
``(d) Use of Funds.--
``(1) Cybersecurity.--The Secretary may allow a covered
provider to use a portion of the assistance provided to the
covered provider under subsection (c), as necessary, to address
the cybersecurity requirements under subsection (g).
``(2) Prohibition.--The Secretary shall not award any
assistance under subsection (c) for broadband internet access
service--
``(A) to an inhabitable residence that is
identified as serviceable or as to be served due to an
enforceable commitment to deploy on the broadband maps;
or
``(B) on a commercial basis to surrounding areas
outside the eligible land.
``(3) Federal share.--
``(A) In general.--Except as provided in
subparagraph (B), the Federal share of a project
carried out using assistance under subsection (c) shall
be not more than 80 percent of the total cost of the
project.
``(B) Limited resource farmers or ranchers.--The
Secretary may increase the Federal share of the costs
described in subparagraph (A) to 90 percent if the
covered producer of the applicable eligible land is a
limited resource farmer or rancher.
``(e) Bid Applications.--
``(1) In general.--To apply for assistance under subsection
(c), a covered provider shall submit to the Secretary an
application in such manner and containing such information as
the Secretary may require, including--
``(A) the measures by which the covered producer
has engaged with the covered provider to identify the
appropriate qualifying connectivity plan to serve the
eligible land of the covered producer;
``(B) a description of how the assistance provided
under subsection (c) would be used to establish
qualifying connectivity on the unserved or underserved
eligible land of a covered producer, including the
entire acreage in need of qualifying connectivity;
``(C) the amount of the Federal share for the
project and the amount of the non-Federal share for the
project;
``(D) whether the covered provider is capable of
carrying out the specific funded activities in
compliance with all Federal, State, and local laws;
``(E) whether the covered provider has the
financial and managerial capacity to meet the specific
commitments contained in the application, including
buildout obligations;
``(F) whether the covered provider has the
technical and operational capability to construct and
operate broadband networks;
``(G) whether the eligible land of the covered
producer--
``(i) is unserved or underserved; and
``(ii) is not subject to an enforceable
commitment to deploy broadband by the applicant
or another covered provider, as determined
according to the broadband maps; and
``(H) any additional information that the Secretary
determines necessary to ensure the effective function
of the program under this section.
``(2) Registration of covered providers.--
``(A) In general.--Not later than the date on which
the Secretary establishes the program under this
section pursuant to subsection (c), the Secretary shall
create an online portal within which covered providers
may register voluntarily with the Secretary for
purposes of the program under this section.
``(B) Registration requirements.--To register with
the Secretary under subparagraph (A), the Secretary
shall require a covered provider to submit the minimum
amount of information necessary for the covered
provider to demonstrate to the Secretary that the
covered provider--
``(i) is capable of carrying out activities
for which assistance is provided under
subsection (c) in compliance with all
applicable Federal, State, and local laws;
``(ii) has the financial and managerial
capacity to meet commitments necessary to carry
out the projects for which assistance is
received under subsection (c); and
``(iii) has the technical and operational
capability--
``(I) to construct and operate
broadband networks; and
``(II) to meet the requirement
described in paragraph (1) of
subsection (g) and provide the
cybersecurity certification required
under paragraph (2) of that subsection.
``(C) Prohibitions.--In registering covered
providers under subparagraph (A), the Secretary shall
not--
``(i) require a covered provider to provide
any proprietary business information for
purposes of registering under that
subparagraph; or
``(ii) require a covered provider to
participate in the program under this section.
``(D) Public availability.--The Secretary may make
a list of covered providers registered under
subparagraph (A) publicly available.
``(3) Bidding.--
``(A) In general.--After the Secretary receives a
complete initial bid application under paragraph (1),
the Secretary shall allow covered providers registered
under paragraph (2)(A) that operate contiguous to,
near, or partially on the eligible land that is the
subject of the initial bid application to submit
competing bid applications for the proposed service
area.
``(B) Notification to covered providers.--Not less
frequently than once every 30 days, the Secretary
shall--
``(i) post on an internet website of the
Secretary that is accessible to covered
providers the necessary identifying information
of eligible land contained in a complete
initial bid application; and
``(ii) not later than 24 hours after the
time at which the information described in
clause (i) is posted, send notice of that post
to covered providers registered under paragraph
(2)(A) by electronic mail.
``(C) Challenges.--
``(i) In general.--Not later than 45
business days after the date on which the
Secretary posts the information described in
subparagraph (B)(i), a covered provider may
submit to the Secretary notice of a challenge
of any posted eligible land at which--
``(I) the qualifying connectivity
of the covered provider is available to
the entire portion of land in the
initial bid application without
assistance under subsection (c);
``(II) the covered provider could
initiate qualifying connectivity
through a routine installation within
10 business days of a request with no
extraordinary monetary charges or
delays attributable to the extension of
the network of the covered provider; or
``(III) the covered provider has an
enforceable commitment to deploy
broadband to the eligible land.
``(ii) Adjudication of challenges.--
``(I) Process.--The Secretary shall
establish a transparent, evidence-
based, and expeditious process for
adjudicating a challenge submitted
under clause (i) with respect to a
location within 90 business days of the
date on which the Secretary posts the
information described in subparagraph
(B)(i).
``(II) Requirement.--The process
established by the Secretary under
subclause (I) shall include making
publicly available on the website of
the Secretary a written notice
describing the outcome and reason for
the decision of the Secretary with
respect to each challenge submitted
under clause (i).
``(III) Limitation.--The Secretary
may not award any assistance under
subsection (c) for a particular
application until all challenges with
respect to the eligible land described
in that application have been fully
adjudicated.
``(iii) New solicitation.--If, after
adjudicating a challenge under clause (i), the
Secretary determines that the land subject to
the challenge is eligible land that is unserved
or underserved, the Secretary shall transmit to
each covered provider registered under
paragraph (2)(A) a bid notification for the
provision of qualifying connectivity to the
eligible land.
``(D) Competing bid applications.--A covered
provider registered under paragraph (2)(A) that
receives a notification under subparagraph (B)(ii) or a
notification under subparagraph (C)(iii) and wishes to
submit a competing bid application for provision of
qualifying connectivity to the eligible land described
in that notification shall, not later than 120 days
after the date on which the covered provider registered
under paragraph (2)(A) receives the notification,
submit to the Secretary a competing bid application to
provide that qualifying connectivity in accordance with
paragraph (1).
``(E) Evaluation.--Not later than 30 business days
after the date on which the 120-day period described in
subparagraph (D) ends, the Secretary shall evaluate the
bid applications received and select the applicant
that--
``(i) presents the lowest cost to the
Secretary for the provision of qualifying
connectivity to the eligible land that is
unserved or underserved; and
``(ii) best demonstrates to the covered
producer the ability to provide downstream and
upstream transmission capacity that can
reliably support the specific connectivity
needs of all on-farm applications described in
the bid application, including mobility, if
mobility was included in the bid application.
``(F) Enhanced speeds.--
``(i) Finding.--Congress finds that there
are unique connectivity needs to support the
adoption of precision agriculture.
``(ii) Prioritization.--In selecting bid
applicants under subparagraph (E), the
Secretary may give priority to a covered
provider that offers enhanced service speeds
that are greater than those described in
subsection (b)(11)(A)(i), if the applicant
demonstrates that the proposal to serve the
eligible land of a covered producer that is
unserved or underserved requires such enhanced
service speeds.
``(G) Treatment of proprietary information.--
``(i) In general.--The prohibition under
paragraph (2)(C)(i) shall not apply to a
covered provider in the submission of a bid
application under this subsection, including a
competing bid application under subparagraph
(D) or a challenge under subparagraph (C), if
the proprietary information is necessary for
the Secretary--
``(I) to determine the eligibility
of a covered provider; or
``(II) to evaluate an initial bid
application, competing bid application,
or challenge.
``(ii) Disclosure in notification.--
``(I) In general.--In the
notification required under
subparagraph (B), the Secretary--
``(aa) shall only disclose
the necessary and appropriate
information contained within an
initial bid application for the
purposes of facilitating
competing bid applications; and
``(bb) shall not divulge
proprietary information of the
applicable covered provider and
covered producer in the
application.
``(II) Requirement.--In a bid
application under this subsection,
including a competing bid application
under subparagraph (D) or a challenge
under subparagraph (C), an applicant
shall clearly mark any proprietary
information with the term `confidential
proprietary information'.
``(iii) Treatment.--If a covered provider
provides in a bid application under this
subsection, including a competing bid
application under subparagraph (D) or a
challenge under subparagraph (C), proprietary
information that constitutes a trade secret,
proprietary commercial or financial
information, confidential business information,
or data affecting national security, the
Secretary shall treat the information in
confidence to the greatest extent permitted by
law.
``(iv) Privacy.--Nothing in this section
affects the applicability to this section of
section 1619 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8791).
``(4) Timeline.--
``(A) In general.--For each project for which
assistance under subsection (c) is provided, the
Secretary shall establish service buildout milestones
and periodic certifications by recipients of the
assistance for purposes of project compliance and
implementation.
``(B) Requirement.--The milestones required under
subparagraph (A) shall establish a maximum buildout
timeframe of not more than 4 years from the date on
which the assistance is provided.
``(C) Penalties.--The Secretary shall establish and
enforce standardized penalties, fines, and sanctions
for noncompliance with a milestone or certification
established under subparagraph (A).
``(f) Priority.--In providing assistance under subsection (c), the
Secretary shall give priority to applications to carry out projects in
the following order:
``(1) Unserved eligible land in remote areas.
``(2) Other unserved eligible land.
``(3) Underserved eligible land in remote areas.
``(4) Other underserved eligible land.
``(g) Cybersecurity.--As a condition on receipt of assistance under
subsection (c), a covered provider shall--
``(1) ensure that any structure, device, or system provided
or constructed using the assistance incorporates a layered
defense strategy as a means of defensible security
architecture; and
``(2) certify to the Secretary that the covered provider
maintains a regularly updated configuration management plan.
``(h) Prohibition.--In selecting recipients of assistance under
subsection (c), the Secretary shall not advantage or disadvantage the
selection of a recipient under this section based on consideration of
the existence, or lack thereof, of any State law.
``(i) Report to Congress.--The Secretary shall, on an annual
basis--
``(1) submit to the Committee on Agriculture, Nutrition,
and Forestry of the Senate and the Committee on Agriculture of
the House of Representatives a report that describes the
outcome of the bids that occurred during the previous fiscal
year, including the number of parcels of eligible land for
which initial bid applications were submitted during the
previous fiscal year, the number of challenges filed under
subsection (e)(3)(C) during the previous fiscal year, the
outcomes of those challenges, the number of competing bid
applications received under this section, and the respective
amounts awarded for eligible land; and
``(2) make the report required under paragraph (1) publicly
available on the website of the Secretary.
``(j) Provision of Data to FCC.--The Secretary shall, on an annual
basis, make the necessary data available to the Commission for
inclusion on the broadband maps.
``(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2024 through 2028.''.
(b) Repeal.--Section 602 of the Rural Electrification Act of 1936
(7 U.S.C. 950bb-1) is repealed.
SEC. 3. NATIONAL AGRICULTURAL STATISTICS SERVICE DATA COLLECTION ON
BROADBAND ADOPTION.
To provide for the collection and analysis by the National
Agricultural Statistics Service of more comprehensive broadband usage
data, the Secretary of Agriculture shall update the computer usage and
ownership survey and the census of agriculture conducted under section
2 of the Census of Agriculture Act of 1997 (7 U.S.C. 2204g) to contain
questions relating to--
(1) whether the respondent subscribes to a broadband
internet access service for a farm site (as defined in section
607(b) of the Rural Electrification Act of 1936); and
(2) if the respondent subscribes to the broadband internet
access service described in paragraph (1)--
(A) the download and upload speeds of the broadband
internet access service to which the respondent is
subscribed; and
(B) the purposes for which the internet access is
used, including the use of precision agriculture (as
defined in section 607(b) of the Rural Electrification
Act of 1936).
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