Sec. 8. Retention of rental fees associated with communications use authorizations on Federal lands
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/bill/115/hr/800/ih/section-8·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of the Treasury shall establish a special account in the Treasury for each Federal land management agency for the deposit of rental fees received by a Federal land management agency for communications use authorizations on Federal lands granted, issued, or executed by the Federal land management agency. Rental fees received by a Federal land management agency shall— be deposited in the special account established for that Federal land management agency; and remain available for expenditure under subsection (c), to the extent and in such amounts as are provided in advance in appropriation Acts.
Amounts deposited in the special account for a Federal land management agency shall be used for Federal land management agency activities related to communications sites, including the following: Administering communications use authorizations, including cooperative agreements under subsection (d). Preparing needs assessments or other programmatic analyses necessary to designate communications sites and authorize communications uses on or adjacent to Federal lands. Developing management plans for communications sites on or adjacent to Federal lands.
Training for management of communications sites on or adjacent to Federal lands. Obtaining or improving access to communications sites on or adjacent to Federal lands. The Secretary of the Interior may enter into cooperative agreements to carry out the activities described in subsection (c). The Secretary of Agriculture, acting through the Chief of the Forest Service, may enter into cooperative agreements to carry out the activities described in subsection (c). This section shall not limit or otherwise affect fee retention by a Federal land management agency under any other authority.
In this section: The term communications site means an area of Federal lands designated for telecommunications uses. The term communications use means the placement and operation of infrastructure for wireless telecommunications, regardless of whether the use of radio frequencies by such telecommunications is pursuant to a license issued by the Federal Communications Commission or on an unlicensed basis in accordance with the regulations of the Commission. The term includes ancillary activities directly related to such placement and operation.
The term communications use authorization means a right-of-way, permit, or lease granted, issued, or executed by a Federal land management agency for the primary purpose of authorizing the occupancy and use of Federal lands for communications use. The term Federal land management agency means the National Park Service, the United States Fish and Wildlife Service, the Bureau of Land Management, the Bureau of Reclamation, and the Forest Service. The term Federal lands means lands under the jurisdiction and management of a Federal land management agency.
The term rental fee means the fee collected by a Federal land management agency for the occupancy and use authorized by a communications use authorization pursuant to and consistent with authorizing law.