S.Amdt. 2652

SA 2652. Mr. OSSOFF (for himself and Mr. Whitehouse) submitted an
amendment intended to be proposed to amendment SA 2137 proposed by Mr.
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr.
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr.
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for
Federal-aid highways, highway safety programs, and transit programs,
and for other purposes; which was ordered to lie on the table; as
follows:

On page 202, strike line 5 and insert the following:
(2) in subsection (l)--
(A) by striking paragraph (2);
(B) by striking the subsection designation and all that
follows through ``In determining'' in paragraph (1) in the
matter preceding subparagraph (A) and inserting the
following:
``(l) Accommodating Utility Facilities in the Right-of-
way.--
``(1) Definitions.--In this subsection:
``(A) Indian land.--The term `Indian land' means--
``(i) land located within the boundaries of--

``(I) an Indian reservation, pueblo, or rancheria; or
``(II) a former reservation within Oklahoma; and

``(ii) land not located within the boundaries of an Indian
reservation, pueblo, or rancheria--

``(I) the title to which is held in trust by the United
States for the benefit of an Indian Tribe or an individual
Indian;
``(II) the title to which is held by an Indian Tribe or an
individual Indian, subject to restriction against alienation
under laws of the United States; or
``(III) the title to which is held by a dependent Indian
community.

``(B) Right-of-way.--The term `right-of-way' means any real
property, or interest therein, acquired, dedicated, or
reserved for the construction, operation, and maintenance of
a highway.
``(C) Utility facility.--
``(i) In general.--The term `utility facility' means any
privately, publicly, or cooperatively owned line, facility,
or system for producing, transmitting, or distributing
communications, power, electricity, light, heat, gas, water,
steam, waste, storm water not connected with highway
drainage, or any other similar commodity, including any fire
or police signal system or street lighting system, that
directly or indirectly serves the public.
``(ii) Inclusions.--The term `utility facility' includes--

``(I) a renewable energy generation facility;
``(II) electrical transmission and distribution
infrastructure; and
``(III) broadband infrastructure and conduit.

``(2) Accommodation.--In determining''; and
(C) by adding at the end the following:
``(3) State approval.--A State, on behalf of the Secretary,
may approve accommodating a utility facility described in
paragraph (1)(C)(ii) within a right-of-way on a Federal-aid
highway.
``(4) Exclusion.--Paragraph (3) shall not apply to a
utility facility on Indian land.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to alter or affect--
``(A) the regulatory classification of broadband services
or facilities under the Communications Act of 1934 (47 U.S.C.
151 et seq.); or
``(B) any prohibition on commercial activity under section
111(a).'';
(3) in subsection (o)--
On page 202, line 23, strike ``(3)'' and insert ``(4)''.

[[Page S6059]]

On page 203, strike line 17 and insert the following:
the project is located on a Federal-aid highway.
``(t) Vegetation Management.--States are encouraged to
implement, or to enter into partnerships to implement,
vegetation management practices, such as increased mowing
heights and planting native grasses and pollinator-friendly
habitats, along a right-of-way on a Federal-aid highway, if
the implementation of those practices--
``(1) is in the public interest; and
``(2) will not impair the highway or interfere with the
free and safe flow of traffic.''.
______