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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4561 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4561
To modernize and streamline the permitting process for broadband
infrastructure on Federal land, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 19, 2026
Mr. Barrasso (for himself and Ms. Lummis) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To modernize and streamline the permitting process for broadband
infrastructure on Federal land, 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 ``Closing Long Overdue Streamlining
Encumbrances To Help Expeditiously Generate Approved Permits Act'' or
the ``CLOSE THE GAP Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Communications facility.--The term ``communications
facility'' has the meaning given the term in section 8705(a) of
the Agriculture Improvement Act of 2018 (43 U.S.C. 1761a(a)).
(2) Communications site.--The term ``communications site''
means an area of Federal land available for communications use.
(3) Communications use.--The term ``communications use''
has the meaning given the term in section 8705(a) of the
Agriculture Improvement Act of 2018 (43 U.S.C. 1761a(a)).
(4) Communications use authorization.--The term
``communications use authorization'' means an easement, right-
of-way, lease, license, or other authorization granted by the
Secretary concerned to locate or modify a communications
facility on Federal land for the primary purpose of authorizing
the occupancy and use of the Federal land for communications
use.
(5) Cost recovery fee.--The term ``cost recovery fee''
means any fee collected by a Federal land management agency
related to--
(A) an application for a communications use
authorization; or
(B) the occupancy and use authorized by a
communications use authorization pursuant to and
consistent with authorizing law.
(6) Covered land.--The term ``covered land'' means land
managed by the Secretary concerned.
(7) Electronic sf-299.--The term ``electronic SF-299''
means a version of Standard Form 299, or a substantially
similar form, that has been digitally modified for online
interaction.
(8) Federal land.--The term ``Federal land'' means land
under the jurisdiction and management of a Federal land
management agency.
(9) 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;
(E) the Bureau of Indian Affairs; and
(F) the Forest Service.
(10) Organizational unit.--The term ``organizational unit''
means--
(A) with respect to Federal land administered by
the Secretary of the Interior--
(i) a State office;
(ii) a district office;
(iii) a field office; or
(iv) a regional office; and
(B) with respect to the Forest Service--
(i) a regional office;
(ii) the headquarters;
(iii) an administrative unit; or
(iv) a ranger district office.
(11) Previously analyzed federal land.--The term
``previously analyzed Federal land'' means any Federal land
with respect to which the Secretary concerned has--
(A) granted a communications use authorization; and
(B) conducted sufficient environmental or
historical reviews, as determined by the Secretary
concerned.
(12) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
Federal land under the jurisdiction and management of
the Secretary of the Interior, acting through, as
applicable--
(i) the Commissioner of Reclamation;
(ii) the Director of the National Park
Service;
(iii) the Director of the United States
Fish and Wildlife Service;
(iv) the Director of the Bureau of Land
Management; and
(v) the Director of the Bureau of Indian
Affairs; and
(B) the Secretary of Agriculture, with respect to
National Forest System land, acting through the Chief
of the Forest Service.
(13) Standard form 299.--The term ``Standard Form 299''
means the form developed by the Administrator of General
Services under section 6409(b)(2)(A) of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1455(b)(2)(A))
or any successor form.
(14) Working group.--The term ``working group'' means the
Federal Land Management Agency Working Group established by
section 11(a).
SEC. 3. PROMULGATION OF REGULATIONS FOR STREAMLINING PURPOSES.
(a) Regulations.--Notwithstanding section 6409 of the Middle Class
Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455), not later
than 1 year after the date of enactment of this Act, the Secretary
concerned shall promulgate regulations--
(1) to ensure, to the maximum extent practicable, that the
process is uniform and standardized across applicable
organizational units;
(2) to require that applications to locate or modify
communications facilities on covered land be considered and
granted on a competitively neutral, technology neutral, and
nondiscriminatory basis; and
(3) to require that the cost recovery fee for locating or
modifying covered facilities on covered land be--
(A) calculated and assessed on an annual basis; and
(B) based solely on costs incurred by the
organizational unit in processing applications and
overseeing any construction related thereto.
(b) Requirements.--The regulations promulgated under subsection (a)
shall--
(1) include procedures for the tracking of applications
described in subsection (a)(1), including--
(A) identifying on a publicly available website the
number of applications--
(i) received;
(ii) approved; and
(iii) denied;
(B) in the case of an application that is denied,
requiring that the applicant be provided with--
(i) a written decision describing the
reasons for the denial; and
(ii) an opportunity to cure or appeal the
denial; and
(C) describing the period of time between the
receipt of an application and the issuance of a final
decision on an application; and
(2) provide for minimum lease terms of not less than 30
years for leases with respect to the location of communications
facilities on covered land.
(c) Additional Considerations.--In promulgating regulations under
subsection (a), the Secretary concerned shall consider--
(1) how discrete reviews in considering an application
described in paragraph (1) of that subsection can be conducted
simultaneously, rather than sequentially, by any organizational
units that must approve the location or modification; and
(2) how to eliminate overlapping requirements among the
organizational units with respect to the location or
modification of a communications facility on covered land
administered by the organizational units.
(d) Communication of Streamlined Process to Organizational Units.--
The Secretary concerned shall, with respect to the regulations
promulgated under subsection (a)--
(1) communicate the regulations to the applicable
organizational units; and
(2) ensure that those organizational units follow the
regulations.
(e) Savings Provisions.--
(1) Real property authorities.--Nothing in this section
provides any executive agency or organizational unit with any
new leasing or other real property authorities not in existence
before the date of enactment of this Act.
(2) Effect on other laws.--
(A) In general.--Nothing in this section, including
any action taken pursuant to this section, affects a
decision or determination made by any executive agency
before the date of enactment of this Act to sell,
dispose of, declare excess or surplus, lease, reuse, or
redevelop any Federal real property pursuant to title
40, United States Code, the Federal Assets Sale and
Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law
114-287), or any other law governing real property
activities of the Federal Government.
(B) Agreements.--No agreement entered into pursuant
to this section obligates the Federal Government to
hold, control, or otherwise retain or use real property
that may otherwise be deemed as excess, surplus, or
that could otherwise be sold, leased, or redeveloped.
SEC. 4. DATA COLLECTION PROCEDURES RELATING TO THE PROCESSING OF
APPLICATIONS FOR BROADBAND PROJECT PERMITS ON FEDERAL
LAND; REPORT.
(a) Definition of Applicable Deadline.--In this section, the term
``applicable deadline'', with respect to an application for a broadband
project permit on Federal land, means the deadline for that application
established by section 6409(b)(3)(A) of the Middle Class Tax Relief and
Job Creation Act of 2012 (47 U.S.C. 1455(b)(3)(A)).
(b) Data Collection Procedures.--Not later than 1 year after the
date of enactment of this Act, the Secretaries concerned, acting
jointly, shall establish standardized procedures for internally
tracking within Federal land management agencies the following data
relating to applications for broadband project permits on Federal land:
(1) The number of applications that are pending on or after
the applicable deadline.
(2) The number of applications that have been approved by
the applicable deadline.
(3) The number of applications that were approved after the
applicable deadline.
(4) The number of applications that have been denied by the
applicable deadline.
(5) The number of applications that have been denied after
the applicable deadline.
(6) The number of applications that have been withdrawn
before the applicable deadline.
(7) The number of applications that were withdrawn after
the applicable deadline.
(8) The average processing time for applications.
(9) In the case of applications that were approved after
the applicable deadline, the average number of days by which
the approval exceeded the applicable deadline.
(c) Report on Delays in the Approval of Applications for Broadband
Projects on Federal Land.--Not later than 1 year after the date on
which the Secretaries concerned establish the procedures under
subsection (b), the Secretaries concerned, acting jointly, shall submit
to the Committees on Energy and Natural Resources, Environment and
Public Works, and Agriculture, Nutrition, and Forestry of the Senate
and the Committees on Natural Resources, Energy and Commerce, and
Agriculture of the House of Representatives a report that--
(1) describes and analyzes the data collected in accordance
with those procedures, including an analysis of any factors
causing a delay in the approval of applications for broadband
project permits on Federal land; and
(2) provides recommendations to address any of the factors
identified under paragraph (1) in order to accelerate broadband
project permitting on Federal land.
SEC. 5. ONLINE TRACKING OF APPLICATION PROGRESS.
(a) Sense of Congress.--It is the sense of Congress that
communications projects (as defined in section 41001 of the FAST Act
(42 U.S.C. 4370m)) should be, under title XLI of the FAST Act (42
U.S.C. 4370m et seq.), considered a high priority as having an
increased regional or national economic significance.
(b) Communications Projects as Covered Projects.--Section 41001 of
the FAST Act (42 U.S.C. 4370m) is amended--
(1) by redesignating paragraphs (4) through (18) as
paragraphs (5) through (19), respectively;
(2) by inserting after paragraph (3) the following:
``(4) Communications project.--
``(A) In general.--The term `communications
project' means any construction project carried out at
a communications site.
``(B) Other terms.--For purposes of this paragraph:
``(i) Communications facility.--The term
`communications facility' has the meaning given
the term in section 8705(a) of the Agriculture
Improvement Act of 2018 (43 U.S.C. 1761a(a)).
``(ii) Communications site.--The term
`communications site' means an area of Federal
land available for communications use.
``(iii) Communications use.--The term
`communications use' has the meaning given the
term in section 8705(a) of the Agriculture
Improvement Act of 2018 (43 U.S.C. 1761a(a)).
``(iv) Federal land.--The term `Federal
land' means land under the jurisdiction and
management of a Federal land management agency.
``(v) Federal land management agency.--The
term `Federal land management agency' means--
``(I) the National Park Service;
``(II) the Bureau of Land
Management;
``(III) the Bureau of Reclamation;
``(IV) the United States Fish and
Wildlife Service;
``(V) the Forest Service; and
``(VI) the Bureau of Indian
Affairs.''; and
(3) in paragraph (7)(A) (as so redesignated)--
(A) in the matter preceding clause (i), by
inserting ``communications projects,'' after ``carbon
capture,''; and
(B) in clause (i), by striking subclause (II) and
inserting the following:
``(II) is likely to require a total
investment--
``(aa) in the case of a
communications project, of any amount;
and
``(bb) in the case of any other
activity, of more than $200,000,000;
and''.
SEC. 6. IMPROVING PUBLIC SAFETY ON FEDERAL LAND.
Not later than 30 days after the date of enactment of this Act, the
Secretary concerned shall direct the head of each Federal land
management agency under the jurisdiction of the Secretary concerned--
(1) to establish a new categorical exclusion from the
requirements of title I of the National Environmental Policy
Act of 1969 (42 U.S.C. 4331 et seq.) for projects involving an
existing communications facility that would improve public
safety on Federal land, such as--
(A) providing backup power for the communications
facility;
(B) improving supporting infrastructure at the
communications facility; or
(C) providing more reliable or redundant connection
capabilities using the communications facility; or
(2) to adopt an existing categorical exclusion from another
agency under section 109 of that Act (42 U.S.C. 4336c)
applicable to projects described in paragraph (1).
SEC. 7. PREVIOUSLY ANALYZED FEDERAL LAND.
(a) Nonapplicability of Certain Review Requirements.--The review
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and division A of subtitle III of title 54, United
States Code, shall not apply to an application for a communications use
authorization on Federal land (including Federal land on which
authorized utilities, communications facilities, powerline facilities,
or roads have been installed), if--
(1) the communications equipment is located in or on
existing infrastructure; or
(2) the communications facility is located on previously
analyzed Federal land.
(b) No Additional Consultation Required Under Certain
Circumstances.--Notwithstanding any other provision of law, the
Secretary concerned shall not be required to reinitiate consultation
under the requirements of 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, for an application for a communications use
authorization on previously analyzed Federal land, regardless of
whether new information concerning the previously analyzed Federal land
becomes available.
SEC. 8. 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).
SEC. 9. ESTABLISHMENT OF ONLINE PORTALS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, each Federal land management agency shall establish an
online portal to accept an electronic SF-299.
(b) Coordination.--The Federal land management agencies shall
coordinate with each other to establish uniform versions of the online
portal required under subsection (a).
SEC. 10. COLLECTION AND RETENTION OF COST RECOVERY FEES.
(a) Collection and Retention of Cost Recovery Fees Associated With
Communications Use Authorizations on Federal Land and Federal Land
Management Agency Support for Communications Site Programs.--
(1) 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 cost
recovery fees received by the Federal land management agency
relating to communications use authorizations granted, issued,
or executed by the Federal land management agency.
(2) Requirements for cost recovery fees.--Notwithstanding
any other provision of law, any cost recovery fees collected by
a Federal land management agency pursuant to this section shall
be--
(A) collected only to the extent provided in
advance in an appropriations Act;
(B) calculated and assessed on an annual basis;
(C) based solely on costs incurred by
organizational units in processing applications for
communications use authorizations and overseeing any
applicable construction activities relating to the
communications use authorizations; and
(D) imposed on a competitively neutral, technology-
neutral, and nondiscriminatory basis with respect to
other uses of the applicable communications site.
(3) Deposit and retention of cost recovery fees.--Cost
recovery fees received by a Federal land management agency
shall--
(A) be deposited in the special account established
for that Federal land management agency under paragraph
(1); and
(B) remain available for expenditure under
paragraph (4), to the extent and in such amounts as are
provided in advance in appropriations Acts.
(4) Expenditure of retained fees.--Amounts deposited in the
special account established for a Federal land management
agency under paragraph (1) shall be used by the Federal land
management agency for activities relating to communications use
authorizations or communications sites, including the
following:
(A) Administering communications use
authorizations, including through cooperative
agreements under subsection (b).
(B) Preparing needs assessments or other
programmatic analyses necessary to establish
communications sites and authorize communications uses
on or adjacent to Federal land.
(C) Developing management plans for the placement
of communications sites on or adjacent to Federal land
on a competitively neutral, technology-neutral,
nondiscriminatory basis.
(D) Training for management of communications sites
on or adjacent to Federal land.
(E) Obtaining, improving access to, or establishing
communications sites on or adjacent to Federal land.
(F) Hiring and training personnel to perform duties
that will help--
(i) to streamline permitting processes
associated with communications use
authorizations and the use of communications
sites for communications use on Federal land;
and
(ii) to reduce the time it takes for
permits relating to communications use
authorizations and the use of communications
sites for communications use on Federal land to
be approved.
(5) No effect on other fee retention authorities.--This
subsection shall not limit or otherwise affect fee retention by
a Federal land management agency under any other authority.
(b) Cooperative Agreement Authority.--The Secretary of the Interior
may enter into cooperative agreements to carry out the activities
described in subsection (a)(4).
SEC. 11. FEDERAL LAND MANAGEMENT AGENCY WORKING GROUP.
(a) Establishment.--There is established a working group, to be
known as the ``Federal Land Management Agency Working Group''.
(b) Membership.--The working group shall be composed of 1
representative of each of the Federal land management agencies, to be
appointed by the Secretary concerned.
(c) Duties.--The working group shall--
(1) periodically meet to coordinate and expedite the review
of applications for communications use authorizations; and
(2) coordinate with the Federal Communications Commission
to use broadband location data created under section 802(c) of
the Communications Act of 1934 (47 U.S.C. 642(c)) to identify
unserved locations that may need to use a Federal right-of-way
and prepare for potential communications use authorization
applications.
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