Sec. 401. Timely consideration of applications for Federal easements, rights-of-way, and leases
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/bill/119/hr/2289/rh/section-401A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 6409(b)(3) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1455(b)(3) ) is amended— in subparagraph (A), by striking an executive agency receives a duly filed application and inserting an application is submitted to an executive agency ; and by adding at the end the following: If an executive agency fails to grant or deny an application under subparagraph
(A)within the timeframe under such subparagraph, the application shall be deemed granted on the day after the last day of such timeframe. If, not later than 30 days after the date on which an applicant submits to an executive agency an application under subparagraph (A), the executive agency provides to the applicant a written notice described in clause
(iii)with respect to the application, the timeframe described in subparagraph
(A)is tolled with respect to the application until the date on which the applicant submits to the executive agency a supplemental submission in response to the notice. If, not later than 10 days after the date on which an applicant submits to an executive agency a supplemental submission in response to a written notice described in clause (iii), the executive agency provides to the applicant a written notice described in clause
(iii)with respect to the supplemental submission, the timeframe under subparagraph
(A)is further tolled until the date on which the applicant submits to the executive agency a subsequent supplemental submission in response to the notice. The written notice described in this clause is, with respect to an application under subparagraph
(A)or a supplemental submission described in clause
(i)or
(ii)submitted to an executive agency by an applicant, a written notice from the executive agency to the applicant— stating that all of the information (including any form or other document) required by the executive agency to be submitted for the application to be considered complete has not been submitted; identifying the information described in subclause
(I)that was not submitted; and including a citation to a specific provision of a publicly available rule, regulation, or standard issued by the executive agency requiring that such information be submitted with such an application. If a written notice provided by an executive agency to an applicant under clause
(ii)with respect to a supplemental submission identifies as not having been submitted any information that was not identified as not having been submitted in the prior written notice under this subparagraph in response to which the supplemental submission was submitted, the subsequent written notice shall be treated as not having been provided to the applicant. The timeframe under subparagraph
(A)may be tolled once, for a period of not more than 30 days, by mutual agreement between the executive agency and the applicant. For the purposes of this paragraph, an application shall be considered submitted to an executive agency on the date on which the applicant takes the first procedural step within the control of the applicant to submit such application in accordance with the procedures established by the executive agency for the review and approval of such an application. . The amendments made by subsection
(a)shall apply with respect to any application under subsection
(b)of section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1455 ) that is submitted (as determined under subsection (b)(3)(H) of such section) to an executive agency (as defined in subsection
(d)of such section) on or after the date of the enactment of this Act.
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Sec. 401
Timely consideration of applications for Federal easements, rights-of-way, and leases
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