S. 4561

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4561 Introduced in Senate (IS)]

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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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