43 U.S.C. § 1761a: Streamlining the Forest Service process for consideration of communications facility location applications

any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and is designed for the purpose of emitting radio frequency; is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Federal Communications Commission or is using duly authorized devices that do not require individual licenses; and is added to a tower, building, or other structure. The term “communications site” means an area of covered land designated for communications uses. The term “communications use” means the placement and operation of a communications facility. The term “communications use authorization” means an easement, right-of-way, lease, license, or other authorization to locate or modify a communications facility on covered land by the Forest Service for the primary purpose of authorizing the occupancy and use of the covered land for communications use. The term “covered land” means National Forest System land. The term “Forest Service” means the United States Forest Service of the Department of Agriculture. a regional office; the headquarters; a management unit; or a ranger district office. to streamline the process for considering applications to locate or modify communications facilities on covered land; to ensure, to the maximum extent practicable, that the process is uniform and standardized across the organizational units of the Forest Service; and to require that the applications described in paragraph (1) be considered and granted on a competitively neutral, technology neutral, and non-discriminatory basis. received; approved; and denied; in the case of an application that is denied, describing the reasons for the denial; and describing the amount of time between the receipt of an application and the issuance of a final decision on an application. Provision for minimum lease terms of not less than 15 years for leases with respect to the location of communications facilities on covered land. submitting an application described in subsection (b)(1), based on the cost to the Forest Service of considering such an application; and issuing communications use authorizations, based on the cost to the Forest Service of any maintenance or other activities required to be performed by the Forest Service as a result of the location or modification of the communications facility. Provision for prioritization or streamlining of the consideration of applications to locate or modify communications facilities on covered land in a previously disturbed right-of-way. how discrete reviews in considering an application described in subsection (b)(1) can be conducted simultaneously, rather than sequentially, by any organizational units of the Forest Service that must approve the location or modification; and how to eliminate overlapping requirements among the organizational units of the Forest Service with respect to the location or modification of a communications facility on covered land administered by those organizational units. communicate the regulations to the organizational units of the Forest Service; and ensure that the organizational units of the Forest Service follow the regulations. The Secretary of the Treasury shall establish a special account in the Treasury for the Forest Service for the deposit of fees collected by the Forest Service under subsection (c)(3) for communications use authorizations on covered land granted, issued, or executed by the Forest Service. collected only to the extent provided in advance in appropriations Acts; based on the costs described in subsection (c)(3); and competitively neutral, technology neutral, and nondiscriminatory with respect to other users of the communications site. Fees collected by the Forest Service under subsection (c)(3) shall be deposited in the special account established for the Forest Service under paragraph (1). Preparing needs assessments or other programmatic analyses necessary to designate communications sites and issue communications use authorizations. Developing management plans for communications sites. Training for management of communications sites. Obtaining or improving access to communications sites. Except as provided in paragraph (4), no other amounts are authorized to be appropriated to carry out this section. Subject to the availability of appropriations made in advance for such purposes, the Secretary may enter into cooperative agreements to carry out the activities described in subparagraphs (A) through (D) of paragraph (4). Nothing in this section, or the amendments made by this section, shall be construed as providing any executive agency with any new leasing or other real property authorities not existing prior to December 20, 2018 . Nothing in this section, or the amendments made by this section, and no actions taken pursuant to this section, or the amendments made by this section, shall impact a decision or determination by any executive agency to sell, dispose of, declare excess or surplus, lease, reuse, or redevelop any Federal real property pursuant to title 40, 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. No agreement entered into pursuant to this section, or the amendments made by this section, may obligate 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.