Introductory Statement on S. 4561

On 2026-05-19, Senator John Barrasso (R-WY) delivered a floor speech titled "Introductory Statement On S. 4561" in the Senate.

Introductory Statement on S. 4561

Congressional Record, Volume 172 Issue 85 (Tuesday, May 19, 2026) [Congressional Record Volume 172, Number 85 (Tuesday, May 19, 2026)] [Senate] [Pages S2375-S2377] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] By Mr. BARRASSO (for himself and Ms. Lummis): S. 4561. A bill to modernize and streamline the permitting process for broadband infrastructure on Federal land, and for other purposes; to the Committee on Energy and Natural Resources. Mr. BARRASSO. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. There being no objection, the text of the bill was ordered to be printed in the Record, as follows: S. 4561 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 [[Page S2376]] 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 

Referenced legislation: S4561