Introductory Statement on S. 4561

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Record: Senate Floor
Section type: Legislation
Chamber: Senate
Date: May 19, 2026
Congress: 119th Congress
Why this source matters: This section came from the Senate floor portion of the record.

Linked context

People mentioned: Barrasso, John
Bills and resolutions: S. 4561 (119th Congress)
Committees: Committee on Energy and Natural Resources

Readable version of the official text

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

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;

(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;

(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

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.

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.

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

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-

(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;

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.

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.

(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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