Public Lands Telecommunications Act

118 HR 6915 IH: Public Lands Telecommunications Act U.S. House of Representatives 2024-01-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. I 118th CONGRESS 2d Session H. R. 6915 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 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. 1. Short title This Act may be cited as the Public Lands Telecommunications Act . 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. 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. 4. Cooperative agreement authority The Secretary of the Interior may enter into cooperative agreements to carry out the activities described in section 3(e). 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). .