CLOSE THE GAP Act

[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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