Sec. 3. Promulgation of regulations for streamlining purposes
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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— to ensure, to the maximum extent practicable, that the process is uniform and standardized across applicable organizational units; 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 to require that the cost recovery fee for locating or modifying covered facilities on covered land be— calculated and assessed on an annual basis; and based solely on costs incurred by the organizational unit in processing applications and overseeing any construction related thereto.
The regulations promulgated under subsection
(a)shall— include procedures for the tracking of applications described in subsection (a)(1), including— identifying on a publicly available website the number of applications— received; approved; and denied; in the case of an application that is denied, requiring that the applicant be provided with— a written decision describing the reasons for the denial; and an opportunity to cure or appeal the denial; and describing the period of time between the receipt of an application and the issuance of a final decision on an application; and provide for minimum lease terms of not less than 30 years for leases with respect to the location of communications facilities on covered land. In promulgating regulations under subsection (a), the Secretary concerned shall consider— 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 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. The Secretary concerned shall, with respect to the regulations promulgated under subsection (a)— communicate the regulations to the applicable organizational units; and ensure that those organizational units follow the regulations. 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. 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. 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.
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- Pub. L. 114-287
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Sec. 3
Promulgation of regulations for streamlining purposes
Pub. L.Pub. L. 114-287
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