yourstate.us
43 U.S.C. § 1761a

Streamlining the Forest Service process for consideration of communications facility location applications

United States · Title 43 — PUBLIC LANDS · Status: effective

Get this as JSONEmbed this
Cite this
Citation
43 U.S.C. § 1761a, Streamlining the Forest Service process for consideration of communications facility location applications, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/486475
Permanent ID
ys:prov:486475@1
SHA-256
890e5235fd35ecf4b6e8e4ad3aceff091f28a81be22bb968d7ace91556ff3082

The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.

Full text

In this section: The term “communications facility” includes— any antenna or apparatus that— The term “communications site” means an area of covered land designated for communications uses. The term “communications use” means the placement and operation of a communications facility. 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. The term “covered land” means National Forest System land. The term “Forest Service” means the United States Forest Service of the Department of Agriculture. The term “organizational unit” means, within the Forest Service— Notwithstanding section 1455 of title 47 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— The regulations issued under subsection (b) shall include the following: Procedures for the tracking of applications described in subsection (b)(1), including— identifying the number of applications— A structure of fees for— In issuing regulations under subsection (b), the Secretary shall consider— The Secretary shall, with respect to the regulations issued under subsection (b)— 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. Fees collected by the Forest Service under subsection (c)(3) shall be— 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). 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: Except as provided in paragraph (4), no other amounts are authorized to be appropriated to carry out this section. 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). 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. 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 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.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.