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43 U.S.C. § 1761a — Streamlining the Forest Service process for consideration of communications facility location applications
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Communications facility** — The term “communications facility” includes—
(A) 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
(B) any antenna or apparatus that—
(i) is designed for the purpose of emitting radio frequency;
(ii) 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
(iii) is added to a tower, building, or other structure.
(2) **Communications site** — The term “communications site” means an area of covered land designated for communications uses.
(3) **Communications use** — The term “communications use” means the placement and operation of a communications facility.
(4) **Communications use authorization** — 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.
(5) **Covered land** — The term “covered land” means National Forest System land.
(6) **Forest Service** — The term “Forest Service” means the United States Forest Service of the Department of Agriculture.
(7) **Organizational unit** — The term “organizational unit” means, within the Forest Service—
(A) a regional office;
(B) the headqu
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Source file: Laws/federal/codes/united-states-code/title-43/section-1761a-streamlining-the-forest-service-process-for-consideration-of-communicati--f4d7792fea.md
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Source location: Title 43, Chapter 35, § 1761a; chapter-035-federal-land-policy-and-management.md
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**(a) Definitions** In this section:
(1) **Communications facility** — The term “communications facility” includes—
(A) 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
(B) any antenna or apparatus that—
(i) is designed for the purpose of emitting radio frequency;
(ii) 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
(iii) is added to a tower, building, or other structure.
(2) **Communications site** — The term “communications site” means an area of covered land designated for communications uses.
(3) **Communications use** — The term “communications use” means the placement and operation of a communications facility.
(4) **Communications use authorization** — 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.
(5) **Covered land** — The term “covered land” means National Forest System land.
(6) **Forest Service** — The term “Forest Service” means the United States Forest Service of the Department of Agriculture.
(7) **Organizational unit** — The term “organizational unit” means, within the Forest Service—
(A) a regional office;
(B) the headquarters;
(C) a management unit; or
(D) a ranger district office.
**(b) Regulations** Notwithstanding [section 1455 of title 47](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1455&num=0&edition=prelim) or section 606 of the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018 (Public Law 115–141), not later than 1 year after December 20, 2018, the Secretary shall issue regulations—
(1) to streamline the process for considering applications to locate or modify communications facilities on covered land;
(2) to ensure, to the maximum extent practicable, that the process is uniform and standardized across the organizational units of the Forest Service; and
(3) to require that the applications described in paragraph (1) be considered and granted on a competitively neutral, technology neutral, and non-discriminatory basis.
**(c) Requirements** The regulations issued under subsection (b) shall include the following:
(1) Procedures for the tracking of applications described in subsection (b)(1), including—
(A) identifying the number of applications—
(i) received;
(ii) approved; and
(iii) denied;
(B) in the case of an application that is denied, describing the reasons for the denial; and
(C) describing the amount of time between the receipt of an application and the issuance of a final decision on an application.
(2) Provision for minimum lease terms of not less than 15 years for leases with respect to the location of communications facilities on covered land.
(3) A structure of fees for—
(A) submitting an application described in subsection (b)(1), based on the cost to the Forest Service of considering such an application; and
(B) 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.
(4) 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.
**(d) Additional considerations** In issuing regulations under subsection (b), the Secretary shall consider—
(1) 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
(2) 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.
**(e) Communication of streamlined process to organizational units** The Secretary shall, with respect to the regulations issued under subsection (b)—
(1) communicate the regulations to the organizational units of the Forest Service; and
(2) ensure that the organizational units of the Forest Service follow the regulations.
**(f) Deposit and availability of fees**
(1) **Special account** — 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.
(2) **Requirements for fees collected** — Fees collected by the Forest Service under subsection (c)(3) shall be—
(A) collected only to the extent provided in advance in appropriations Acts;
(B) based on the costs described in subsection (c)(3); and
(C) competitively neutral, technology neutral, and nondiscriminatory with respect to other users of the communications site.
(3) **Deposit of fees** — 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).
(4) **Availability of fees** — Amounts deposited in the special account for the Forest Service shall be available, to the extent and in such amounts as are provided in advance in appropriation Acts, to the Secretary to cover costs incurred by the Forest Service described in subsection (c)(3), including the following:
(A) Preparing needs assessments or other programmatic analyses necessary to designate communications sites and issue communications use authorizations.
(B) Developing management plans for communications sites.
(C) Training for management of communications sites.
(D) Obtaining or improving access to communications sites.
(5) **No additional appropriations authorized** — Except as provided in paragraph (4), no other amounts are authorized to be appropriated to carry out this section.
(6) **Cooperative agreement authority** — 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).
**(g) Savings provisions**
(1) **Real property authorities** — 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.
(2) **Effect on other laws** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section1303&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Clearing certain Federal spectrum**
(1) **In general** — The President shall—
(A) not later than 3 years after February 22, 2012, begin the process of withdrawing or modifying the assignment to a Federal Government station of the electromagnetic spectrum described in paragraph (2); and
(B) not later than 30 days after completing the withdrawal or modification, notify the Commission that the withdrawal or modification is complete.
(2) **Spectrum described** — The electromagnetic spectrum described in this paragraph is the 15 megahertz of spectrum between 1675 megahertz and 1710 megahertz identified under paragraph (3).
(3) **Identification by Secretary of Commerce** — Not later than 1 year after February 22, 2012, the Secretary of Commerce shall submit to the President a report identifying 15 megahertz of spectrum between 1675 megahertz and 1710 megahertz for reallocation from Federal use to non-Federal use.
**(b) Reallocation and auction**
(1) **In general** — Notwithstanding paragraph (15)(A) of [section 309(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section309/j&num=0&edition=prelim), not later than 3 years after February 22, 2012, the Commission shall, except as provided in paragraph (4)—
(A) allocate the spectrum described in paragraph (2) for commercial use; and
(B) through a system of competitive bidding under such section, grant new initial licenses for the use of such spectrum, subject to flexible-use service rules.
(2) **Spectrum described** — The spectrum described in this paragraph is the following:
(A) The frequencies between 1915 megahertz and 1920 megahertz.
(B) The frequencies between 1995 megahertz and 2000 megahertz.
(C) The frequencies described in subsection (a)(2).
(D) Th
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1455
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** In this section, the term “federal agency” means an executive department, independent establishment, commission, board, bureau, division, or office in the executive branch, or other agency of the Federal Government, including wholly owned Government corporations.
**(b) Assignment of Space or Lease or Sale of Property.—**
(1) **Actions of administrator.—** — When the President, on the recommendation of the Administrator of General Services, or the federal agency having control of any real property the agency acquires that is located outside of the District of Columbia, other than military or naval reservations, declares the property to be surplus to the needs of the agency, the Administrator—
(A) may assign space in the property to any federal agency;
(B) pending a sale, may lease the property for not more than 5 years and on terms the Administrator considers to be in the public interest; or
(C) may sell the property at public sale to the highest responsible bidder on terms and after public advertisement that the Administrator considers to be in the public interest.
(2) **Review of decision to assign space.—** — If the federal agency to which space is assigned does not desire to occupy the space, the decision of the Administrator under paragraph (1)(A) is subject to review by the President.
(3) **Negotiated sale.—** — If no bids which are satisfactory as to price and responsibility of the bidder are received as a result of public advertisement, the Administrator may sell the property by negotiation, on terms as may be considered to be to the best interest of the Government, but at a price not less than that bid by the highest responsible bidder.
**(c) Demolition.—** The Administrator may demolish any building declared to be surplus to t
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 1303
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Maintenance of base acres and payment yields** The Secretary shall maintain, for each covered commodity and upland cotton, base acres and payment yields on a farm established under sections 8702 and 8751 of this title, as adjusted pursuant to sections 8711, 8712, 8718, and 8752 of this title, as in effect on September 30, 2013, and as adjusted pursuant to sections 9012 and 9013 of this title.
**(b) Streamlining** In implementing this chapter and the amendments made by this title,11 See References in Text note below. the Secretary shall—
(1) continue to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, to ensure that—
(A) a producer (or an agent of a producer) may report information, electronically (including geospatial data) or conventionally, to the Department of Agriculture, subject to the Secretary—
(i) establishing reasonable levels of tolerance that reflect the differences in accuracy between measures of common land units and geospatial data; and
(ii) ensuring that discrepancies that occur within the levels of tolerance established under clause (i) shall not be used to penalize a producer (or an agent of a producer) under any program administered by the Department of Agriculture;
(B) on the request of a producer (or an agent of a producer), the Department of Agriculture electronically shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit data, related farm level data, conservation practices, and other information of the producer through a single Department of Agriculture-wide login;
(C) not later than September 30, 2020, the Administrator of the Risk Management Agency and the Administrator of
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9001
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Federal land management agency** — The term “Federal land management agency” has the meaning given the term in [section 6801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6801&num=0&edition=prelim).
(2) **Federal recreational lands and waters** — The term “Federal recreational lands and waters” has the meaning given the term in [section 6801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6801&num=0&edition=prelim).
(3) **Gateway community** — The term “gateway community” means a community that serves as an entry point, or is adjacent, to a recreation destination on Federal recreational lands and waters or non-Federal land at which there is consistently high, in the determination of the Secretaries, seasonal or year-round visitation.
(4) **Indian Tribe** — The term “Indian Tribe” has the meaning given the term in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim).
(5) **Land use plan** — The term “land use plan” means—
(A) a land use plan prepared by the Secretary pursuant to [section 1712 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1712&num=0&edition=prelim); and
(B) a land management plan prepared by the Forest Service for a unit of the National Forest Service pursuant to [section 1604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1604&num=0&edition=prelim).
(6) **Secretaries** — The term “Secretaries” means each of—
(A) the Secretary; and
(B) the Secretary of Agriculture.
(7) **Secretary** — The term “Secretary” means the Secretary of the Interior.
(8) **Secretary concerne
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 8411
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Cooperative agreements for the Department of the Interior** The Secretary may enter into cooperative agreements to carry out activities related to communications sites on lands managed by Federal land management agencies, including—
(1) administering communications use authorizations;
(2) preparing needs assessments or other programmatic analyses necessary to establish communications sites and authorize communications uses on or adjacent to Federal recreational lands and waters managed by a Federal land management agency;
(3) developing management plans for communications sites on or adjacent to Federal recreational lands and waters managed by a Federal land management agency on a competitively neutral, technology neutral, nondiscriminatory basis;
(4) training for management of communications sites on or adjacent to Federal recreational lands and waters managed by a Federal land management agency;
(5) obtaining, improving access to, or establishing communications sites on or adjacent to Federal recreational lands and waters managed by a Federal land management agency; and
(6) any combination of purposes described in subparagraphs 11 So in original. Probably should be “paragraphs”. (1) through (5).
**(b) Omitted**
**(c) Assessment of rental fee retention authority** Not later than 1 year after January 4, 2025, the Secretary shall conduct a comprehensive assessment to evaluate the potential benefits of rental fee retention whereby any fee collected for the occupancy and use of Federal lands and waters authorized by a communications use authorization would be deposited into a special account and used solely for activities related to communications sites on lands and waters managed by the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 8461
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Federal law — U.S. Code and appendices · legal_authorities
Page 94
TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
§ 1301
Sec.
1305.
Disposition of land acquired by devise.
1306.
Disposition of abandoned or forfeited personal
property.
1307.
Disposition of securities.
1308.
Disposition of unfit horses and mules.
1309.
Preservation, sale, or collection of wrecked,
abandoned, or derelict property.
1310.
Sale of war supplies, land, and buildings.
1311.
Authority of President to obtain release.
1312.
Release of real estate in certain cases.
1313.
Releasing property from attachment.
1314.
Easements.
1315.
Law enforcement authority of Secretary of
Homeland Security for protection of public
property.
Editorial Notes
AMENDMENTS
2002—Pub. L. 107–296, title XVII, § 1706(b)(3), Nov. 25,
2002, 116 Stat. 2318, added item 1315 and struck out
former item 1315 ‘‘Special police’’.
§ 1301. Charge of property transferred to the
Federal Government
(a) IN GENERAL.—Except as provided in sub-
section (b), the Administrator of General Serv-
ices shall have charge of—
(1) all land and other property which has
been or may be assigned, set off, or conveyed
to the Federal Government in payment of
debts;
(2) all trusts created for the use of the Gov-
ernment in payment of debts due the Govern-
ment; and
(3) the sale and disposal of land—
(A) assigned or set off to the Government
in payment of debt; or
(B) vested in the Government by mortgage
or other security for the payment of debts.
(b) NONAPPLICATION.—This section does not
apply to—
(1) real estate which has been or shall be as-
signed, set off, or conveyed to the Government
in payment of debts arising under the Internal
Revenue Code of 1986 (26 U.S.C. 1 et seq.); or
(2) trusts created for the use of the Govern-
ment in payment of debts arising under the
Code
Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 1303
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Federal law — U.S. Code and appendices · legal_authorities
Page 573
TITLE 43—PUBLIC LANDS
§ 1761a
emption from, part I of the Federal Power Act
[16 U.S.C. 791a et seq.] which is located on lands
subject to a reservation under section 24 of the
Federal Power Act [16 U.S.C. 818] and which did
not receive a permit, right-of-way or other ap-
proval under this section prior to October 24,
1992, no such permit, right-of-way, or other ap-
proval shall be required for continued operation,
including continued operation pursuant to sec-
tion 15 of the Federal Power Act [16 U.S.C. 808],
of such project unless the Commission deter-
mines that such project involves the use of any
additional public lands or National Forest lands
not subject to such reservation.
(Pub. L. 94–579, title V, § 501, Oct. 21, 1976, 90
Stat. 2776; Pub. L. 99–545, § 1(b), (c), Oct. 27, 1986,
100 Stat. 3047, 3048; Pub. L. 102–486, title XXIV,
§ 2401, Oct. 24, 1992, 106 Stat. 3096.)
Editorial Notes
REFERENCES IN TEXT
The Federal Power Act, referred to in subsecs. (a)(4)
and (d), is act June 20, 1920, ch. 285, 41 Stat. 1063, which
is classified generally to chapter 12 (§ 791a et seq.) of
Title 16, Conservation. Part I of the Act is classified
generally to subchapter I (§ 791a et seq.) of chapter 12 of
Title 16. For complete classification of this Act to the
Code, see section 791a of Title 16 and Tables.
This Act, referred to in subsecs. (b)(1) and (c)(3)(C), is
Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the
Federal Land Policy and Management Act of 1976. For
complete classification of this Act to the Code, see Ta-
bles.
AMENDMENTS
1992—Subsec. (a). Pub. L. 102–486, § 2401(1), inserted
‘‘(including public lands, as defined in section 1702(e) of
this title, which are reserved from entry pursuant to
section 24 of the Federal Power
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1761a
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