S.Amdt. 3232

SA 3232. Mr. HELLER (for himself and Mr. Manchin) submitted an
amendment intended to be proposed to amendment SA 3224 proposed by Mr.
Roberts (for himself and Ms. Stabenow) to the bill H.R. 2, to provide
for the reform and continuation of agricultural and other programs of
the Department of Agriculture through fiscal year 2023, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of part II of subtitle F of title VIII, add the
following:

SEC. 86__. STREAMLINING THE FOREST SERVICE PROCESS FOR
CONSIDERATION OF COMMUNICATIONS FACILITY
LOCATION APPLICATIONS.

(a) Definitions.--In this section:
(1) Communications facility.--The term ``communications
facility'' includes--

[[Page S4642]]

(A) any infrastructure, including any transmitting device,
tower, or support structure, and any equipment, switches,
wiring, cabling, power sources, shelters, or cabinets,
associated with the licensed or permitted unlicensed wireless
or wireline transmission of writings, signs, signals, data,
images, pictures, and sounds of all kinds; and
(B) any antenna or apparatus that is--
(i) designed for the purpose of emitting radio frequency;
(ii)(I) designed to be operated, or is operating, from a
fixed location pursuant to authorization by the Federal
Communications Commission; or
(II) using duly authorized devices that do not require
individual licenses; and
(iii) is added to a tower, building, or other structure.
(2) Communications site.--The term ``communications site''
means an area of covered land designated for communications
uses.
(3) Communications use.--The term ``communications use''
means the placement and operation of communications facility.
(4) Communications use authorization.--The term
``communications use authorization'' means an easement,
right-of-way, lease, license, or other authorization to
locate or modify a communications facility on covered land by
the Forest Service for the primary purpose of authorizing the
occupancy and use of the covered land for communications use.
(5) Covered land.--The term ``covered land'' means National
Forest System land.
(6) Organizational unit.--The term ``organizational unit'',
with respect to the Forest Service, means--
(A) a regional office;
(B) the headquarters;
(C) a management unit; or
(D) a ranger district office.
(7) Special account.--The term ``special account'' means
the special account established for the Forest Service under
subsection (f)(1).
(b) Regulations.--Notwithstanding section 6409 of the
Middle Class Tax Relief and Job Creation Act of 2012 (47
U.S.C. 1455) or section 606 of the Repack Airwaves Yielding
Better Access for Users of Modern Services Act of 2018
(Public Law 115-141), not later than 1 year after the date of
enactment of this Act, the Secretary shall promulgate
regulations--
(1) to streamline the process for considering applications
to locate or modify communications facilities on covered
land;
(2) to ensure, to the maximum extent practicable, that the
process is uniform and standardized across the organizational
units of the Forest Service; and
(3) to require that the applications described in paragraph
(1) be considered and granted on a competitively neutral,
technology neutral, and nondiscriminatory basis.
(c) Requirements.--The regulations promulgated under
subsection (b) shall--
(1) include procedures for the tracking of applications
described in subsection (b)(1), including--
(A) identifying the number of applications--
(i) received;
(ii) approved; and
(iii) denied;
(B) in the case of an application that is denied,
describing the reasons for 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;
(2) provide for minimum lease terms of not less than 15
years for leases with respect to the location of
communications facilities on covered land;
(3) include a procedure under which a communications use
authorization renews automatically on expiration, unless the
communications use authorization is revoked for good cause;
(4) include a structure of fees for--
(A) submitting an application described in subsection
(b)(1), based on the cost to the Forest Service of
considering such an application; and
(B) issuing communications use authorizations, based on the
cost to the Forest Service of any maintenance or other
activities required to be performed by the Forest Service as
a result of the location or modification of the
communications facility;
(5) provide that if the Forest Service does not grant or
deny an application described in subsection (b)(1) by the
deadline described in 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)), the Forest Service shall be deemed to have
granted the application; and
(6) provide for prioritization or streamlining of the
consideration of applications to locate or modify
communications facilities on covered land in a previously
disturbed right-of-way.
(d) Additional Considerations.--In promulgating regulations
under subsection (b), the Secretary 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 of the Forest Service that must approve
the location or modification; and
(2) how to eliminate overlapping requirements among the
organizational units of the Forest Service with respect to
the location or modification of a communications facility on
covered land administered by those organizational units.
(e) Communication of Streamlined Process to Organizational
Units.--With respect to the regulations promulgated under
subsection (b), the Secretary shall--
(1) communicate the regulations to the organizational units
of the Forest Service; and
(2) ensure that the organizational units of the Forest
Service follow the regulations.
(f) Deposit and Availability of Fees.--
(1) Special account.--The Secretary of the Treasury shall
establish a special account in the Treasury for the Forest
Service for the deposit of fees collected by the Forest
Service under subsection (c)(4) for communications use
authorizations on covered land granted, issued, or executed
by the Forest Service.
(2) Requirements for fees collected.--Fees collected by the
Forest Service under paragraph (4) of subsection (c) shall
be--
(A) based on the costs described in that paragraph; and
(B) competitively neutral, technology neutral, and
nondiscriminatory with respect to other users of the
communications site.
(3) Deposit of fees.--Fees collected by the Forest Service
under subsection (c)(4) shall be deposited in the special
account.
(4) Availability of fees.--Amounts deposited in the special
account shall be available, to the extent and in such amounts
as are provided in advance in appropriation Acts, to the
Secretary to cover costs incurred by the Forest Service
described in subsection (c)(4), including--
(A) preparing needs assessments or other programmatic
analyses necessary to designate communications sites and
issue communications use authorizations;
(B) developing management plans for communications sites;
(C) training for management of communications sites; and
(D) obtaining or improving access to communications sites.
(5) No additional appropriations authorized.--Except as
provided in paragraph (4), no other amounts are authorized to
be appropriated to carry out this section.
(g) Savings Provisions.--
(1) Real property authorities.--Nothing in this section
provides any executive agency 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, impacts a decision or
determination by any executive agency 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
(Public Law 114-287; 40 U.S.C. 1303 note), 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.
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