43 U.S.C. § 1761a — Streamlining the Forest Service process

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 Act (16 U.S.C. 818))’’. Subsec. (a)(4). Pub. L. 102–486, § 2401(2), substituted ‘‘Federal Energy Regulatory Commission under the Federal Power Act, including part 1 thereof (41 Stat. 1063, 16 U.S.C. 791a–825r).’’ for ‘‘Federal Power Commis- sion under the Federal Power Act of 1935 (49 Stat. 847; 16 U.S.C. 791)’’. The substitution was made to reflect the probable intent of Congress, in the absence of clos- ing quotations designating the provisions to be struck out. Subsec. (d). Pub. L. 102–486, § 2401(3), added subsec. (d). 1986—Subsec. (b)(3). Pub. L. 99–545, § 1(c), added par. (3). Subsec. (c). Pub. L. 99–545, § 1(b), added subsec. (c). Executive Documents TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Depart- ment, related to compliance with land use permits for other associated land uses issued under sections 1761, and 1763 to 1771 of this title, and such functions of Sec- retary or other official in Department of the Interior related to compliance with land use permits for tem- porary use of public lands and other associated land uses, issued under sections 1732, 1761, and 1763 to 1771 of this title, with respect to pre-construction, construc- tion, and initial operation of transportation systems for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alas- ka Natural Gas Transportation System, until first an- niversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Of- fice of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au- thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Func- tions and authority vested in Secretary of Energy sub- sequently transferred to Federal Coordinator for Alas- ka Natural Gas Transportation Projects by section 720d(f) of Title 15. § 1761a. Streamlining the Forest Service process for consideration of communications facility location applications (a) Definitions In this section: (1) Communications facility The term ‘‘communications facility’’ in- cludes— (A) any infrastructure, including any transmitting device, tower, or support struc- ture, 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, pic- tures, and sounds of all kinds; and (B) any antenna or apparatus that— (i) is designed for the purpose of emit- ting radio frequency; (ii) is designed to be operated, or is oper- ating, from a fixed location pursuant to authorization by the Federal Communica- tions Commission or is using duly author- ized 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 commu- nications 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 authoriza- tion’’ 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 Depart- ment of Agriculture. (7) Organizational unit The term ‘‘organizational unit’’ means, within the Forest Service— (A) a regional office; (B) the headquarters; Page 574 TITLE 43—PUBLIC LANDS § 1761a (C) a management unit; or (D) a ranger district office. (b) Regulations Notwithstanding section 1455 of title 47 or sec- tion 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 reg- ulations— (1) to streamline the process for considering applications to locate or modify communica- tions facilities on covered land; (2) to ensure, to the maximum extent prac- ticable, that the process is uniform and stand- ardized 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 applica- tions described in subsection (b)(1), includ- ing— (A) identifying the number of applica- tions— (i) received; (ii) approved; and (iii) denied; (B) in the case of an application that is de- nied, 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 applica- tion. (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 appli- cation; and (B) issuing communications use authoriza- tions, based on the cost to the Forest Serv- ice of any maintenance or other activities required to be performed by the Forest Serv- ice as a result of the location or modifica- tion of the communications facility. (4) Provision for prioritization or stream- lining 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 se- quentially, by any organizational units of the Forest Service that must approve the location or modification; and (2) how to eliminate overlapping require- ments 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 organiza- tional units. (e) Communication of streamlined process to or- ganizational units The Secretary shall, with respect to the regu- lations issued under subsection (b)— (1) communicate the regulations to the orga- nizational 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 estab- lish 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 sub- section (c)(3); and (C) competitively neutral, technology neu- tral, 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 spe- cial 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 pro- vided in advance in appropriation Acts, to the Secretary to cover costs incurred by the For- est Service described in subsection (c)(3), in- cluding the following: (A) Preparing needs assessments or other programmatic analyses necessary to des- ignate communications sites and issue com- munications use authorizations. (B) Developing management plans for com- munications sites. (C) Training for management of commu- nications sites. (D) Obtaining or improving access to com- munications 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 Sec- retary may enter into cooperative agreements to carry out the activities described in sub- paragraphs (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 Page 575 TITLE 43—PUBLIC LANDS § 1762 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 As- sets 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 amend- ments made by this section, may obligate the Federal Government to hold, control, or other- wise retain or use real property that may oth- erwise be deemed as excess, surplus, or that could otherwise be sold, leased, or redeveloped. (Pub. L. 115–334, title VIII, § 8705, Dec. 20, 2018, 132 Stat. 4878; Pub. L. 116–94, div. D, title IV, § 416, Dec. 20, 2019, 133 Stat. 2746; Pub. L. 118–234, title I, § 143(b), Jan. 4, 2025, 138 Stat. 2866.) Editorial Notes REFERENCES IN TEXT Section 606 of the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018, re- ferred to in subsec. (b), is section 606 of div. P of Pub. L. 115–141, which amended section 1455 of Title 47, Tele- communications, and enacted provisions set out as notes under section 1455 of Title 47. CODIFICATION Section was enacted as part of the Agriculture Im- provement Act of 2018, and not as part of the Federal Land Policy and Management Act of 1976 which com- prises this chapter. AMENDMENTS 2025—Subsec. (f)(6). Pub. L. 118–234 added par. (6). 2019—Subsec. (f)(2). Pub. L. 116–94 added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: ‘‘Fees collected by the Forest Service under subsection (c)(3) shall be— ‘‘(A) based on the costs described in subsection (c)(3); and ‘‘(B) competitively neutral, technology neutral, and nondiscriminatory with respect to other users of the communications site.’’ Statutory Notes and Related Subsidiaries DEFINITION OF ‘‘SECRETARY’’ ‘‘Secretary’’ means the Secretary of Agriculture, see section 2 of Pub. L. 115–334, set out as a note under sec- tion 9001 of Title 7, Agriculture. § 1762. Roads (a) Authority to acquire, construct, and main- tain; financing arrangements The Secretary, with respect to the public lands, is authorized to provide for the acquisi- tion, construction, and maintenance of roads within and near the public lands in locations and according to specifications which will per- mit maximum economy in harvesting timber from such lands tributary to such roads and at the same time meet the requirements for protec- tion, development, and management of such lands for utilization of the other resources thereof. Financing of such roads may be accom- plished (1) by the Secretary utilizing appro- priated funds, (2) by requirements on purchasers of timber and other products from the public lands, including provisions for amortization of road costs in contracts, (3) by cooperative fi- nancing with other public agencies and with pri- vate agencies or persons, or (4) by a combination of these methods: Provided, That, where roads of a higher standard than that needed in the har- vesting and removal of the timber and other products covered by the particular sale are to be constructed, the purchaser of timber and other products from public lands shall not, except when the provisions of the second proviso of this subsection apply, be required to bear that part of the costs necessary to meet such higher standard, and the Secretary is authorized to make such arrangements to this end as may be appropriate: Provided further, That when timber is offered with the condition that the purchaser thereof will build a road or roads in accordance with standards specified in the offer, the pur- chaser of the timber will be responsible for pay- ing the full costs of construction of such roads. (b) Recordation of copies of affected instruments Copies of all instruments affecting permanent interests in land executed pursuant to this sec- tion shall be recorded in each county where the lands are located. (c) Maintenance or reconstruction of facilities by users The Secretary may require the user or users of a road, trail, land, or other facility administered by him through the Bureau, including pur- chasers of Government timber and other prod- ucts, to maintain such facilities in a satisfac- tory condition commensurate with the par- ticular use requirements of each. Such mainte- nance to be borne by each user shall be propor- tionate to total use. The Secretary may also re- quire the user or users of such a facility to re- construct the same when such reconstruction is determined to be necessary to accommodate such use. If such maintenance or reconstruction cannot be so provided or if the Secretary deter- mines that maintenance or reconstruction by a user would not be practical, then the Secretary may require that sufficient funds be deposited by the user to provide his portion of such total maintenance or reconstruction. Deposits made to cover the maintenance or reconstruction of roads are hereby made available until expended to cover the cost to the United States of accom- plishing the purposes for which deposited: Pro- vided, That deposits received for work on adja- cent and overlapping areas may be combined when it is the most practicable and efficient manner of performing the work, and cost thereof may be determined by estimates: And provided further, That unexpended balances upon accom- plishment of the purpose for which deposited shall be transferred to miscellaneous receipts or refunded.