Public Lands Telecommunications Act

The term communications site means an area of Federal lands designated or approved for communications use.

The term communications use —

(A) means the placement, operation, or both, of infrastructure for wireline or wireless telecommunications, including cable television, television, and radio communications, regardless of whether such placement or operation is pursuant to a license issued by the Federal Communications Commission or on an unlicensed basis in accordance with the regulations of the Commission; and

(B) includes ancillary activities, uses, or facilities directly related to such placement or operation.

The term communications use authorization means a right-of-way, permit, or lease granted, issued, or executed by a Federal land management agency for the primary purpose of authorizing the occupancy and use of Federal lands for communications use.

The term Federal lands means lands under the jurisdiction and management of a Federal land management agency.

The term Federal land management agency means the National Park Service, the United States Fish and Wildlife Service, the Bureau of Land Management, the Bureau of Reclamation, and the Forest Service.

The term rental fee means a fee collected by a Federal land management agency for the occupancy and use authorized by a communications use authorization pursuant to and consistent with authorizing law.

The Secretary of the Treasury shall establish a special account in the Treasury for each Federal land management agency for the deposit of rental fees received by the Federal land management agency pursuant to this Act.

Notwithstanding any other provision of law, any rental fee collected pursuant to this Act shall be of a fair market value with respect to other uses of the communications site.

Rental fees shall not exceed the fee schedules published by the Secretary of the Interior for communications use rights-of-way or the fair market value under subsection (b), whichever is greater.

Not later than 2 years after the date of the enactment of this Act, through a public process that includes consideration of industry comments, the Secretary of the Interior shall revise the communications sites rights-of-way rental fee schedule to reflect fair market value and current communications technologies, including the physical footprint of such technologies.

Rental fees received by a Federal land management agency shall—

(1) be deposited in the special account established for that Federal land management agency under subsection (a); and

(2) remain available for expenditure under subsection (e), to the extent and in such amounts as are provided in advance in appropriation Acts.

Amounts deposited in the special account for a Federal land management agency pursuant to this Act shall be used solely by that Federal land management agency for activities related to communications sites on lands managed by that Federal land management agency, including the following:

(1) Administering communications use authorizations, including cooperative agreements under section 4.

(2) Preparing needs assessments or other programmatic analyses necessary to establish communications sites and authorize communications uses on or adjacent to Federal lands managed by that Federal land management agency.

(3) Developing management plans for communications sites on or adjacent to Federal lands managed by that Federal land management agency on a competitively neutral, technology neutral, nondiscriminatory basis.

(4) Training for management of communications sites on or adjacent to Federal lands managed by that Federal land management agency.

(5) Obtaining, improving access to, or establishing communications sites on or adjacent to Federal lands managed by that Federal land management agency.

This Act shall not limit or otherwise affect fee retention by a Federal land management agency under any other authority.

The Secretary may enter into cooperative agreements to carry out the activities described in subparagraphs (A) through (D) of paragraph (4).