33 U.S.C. § 2354: Easements for electric, telephone, or broadband service facilities

In this section, the term “water resources development project” means a project under the administrative jurisdiction of the Corps of Engineers that is subject to part 327 of title 36, Code of Federal Regulations (or successor regulations). The Secretary may not collect consideration for an easement across water resources development project land for the electric, telephone, or broadband service facilities of nonprofit organizations eligible for financing under the Rural Electrification Act of 1936 ( 7 U.S.C. 901 et seq.). Nothing in this section affects the authority of the Secretary under section 2695 of title 10 or under section 9701 of title 31 to collect funds to cover reasonable administrative expenses incurred by the Secretary. Not later than 180 days after the date of enactment of this Act [ Jan. 4, 2025 ], the Secretary [of the Army] shall update the policy guidance of the Corps of Engineers for the evaluation and approval of nonrecreational real estate outgrant requests for the installation, on lands and waters operated and maintained by the Secretary, of infrastructure for the provision of broadband services. requires the consideration of benefits to the public in evaluating a request described in subsection (a); requires the Secretary to consider financial factors when determining whether there is a viable alternative to the installation for which approval is requested as described in subsection (a); requires that a request described in subsection (a) be expeditiously approved or denied after submission of a completed application for such request; and requires the Secretary to include in any denial of such a request detailed information on the justification for the denial. to sustain and protect the natural resources of lands and waters operated and maintained by the Secretary; or to carry out a water resources development project consistent with the purposes for which such project is authorized.”