Title 43Public LandsRelease 119-73

§1761a Streamlining the Forest Service process for consideration of communications facility location applications

Title 43 › Chapter CHAPTER 35— - FEDERAL LAND POLICY AND MANAGEMENT › Subchapter SUBCHAPTER V— - RIGHTS-OF-WAY › § 1761a

Last updated Apr 6, 2026|Official source

Summary

Requires the Secretary of Agriculture to make rules, within one year after December 20, 2018, that speed up and standardize how the Forest Service handles requests to place or change communications facilities on National Forest land. The rules must be uniform across Forest Service units and must treat applicants fairly, without favoring any technology or company. They must include ways to track applications (how many are received, approved, or denied; why denials happen; and how long decisions take), require leases of at least 15 years, set fees that cover the Forest Service’s costs for reviewing applications and managing sites, and give faster or simpler review for work in rights-of-way that were already disturbed. Key terms named by the law include: communications facility — equipment and structures used to send or receive wired or wireless signals; communications site — land set aside for communications; communications use — placing and operating a facility; communications use authorization — permits like easements, leases, or rights-of-way; covered land — National Forest System land; Forest Service — the U.S. Forest Service; organizational unit — regional offices, headquarters, management units, or ranger districts. The Secretary must try to let needed reviews happen at the same time and cut out overlapping rules. The Treasury must hold fees in a special account and the fees can only be used, as Congress provides, to cover costs like planning, site management, training, and access. The law does not give any new power to lease or own land beyond what existed before December 20, 2018, and it does not stop other federal property laws or decisions about selling or disposing of land.

Full Legal Text

Title 43, §1761a

Public Lands — Source: USLM XML via OLRC

(a)In this section:
(1)The term “communications facility” includes—
(A)any infrastructure, including any transmitting device, tower, or support structure, 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, pictures, and sounds of all kinds; and
(B)any antenna or apparatus that—
(i)is designed for the purpose of emitting radio frequency;
(ii)is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Federal Communications Commission or is using duly authorized devices that do not require individual licenses; and
(iii)is added to a tower, building, or other structure.
(2)The term “communications site” means an area of covered land designated for communications uses.
(3)The term “communications use” means the placement and operation of a communications facility.
(4)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.
(5)The term “covered land” means National Forest System land.
(6)The term “Forest Service” means the United States Forest Service of the Department of Agriculture.
(7)The term “organizational unit” means, within the Forest Service—
(A)a regional office;
(B)the headquarters;
(C)a management unit; or
(D)a ranger district office.
(b)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—
(1)to streamline the process for considering applications to locate or modify communications facilities on covered land;
(2)to ensure, to the maximum extent practicable, that the process is uniform and standardized 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)The regulations issued under subsection (b) shall include the following:
(1)Procedures for the tracking of applications described in subsection (b)(1), including—
(A)identifying the number of applications—
(i)received;
(ii)approved; and
(iii)denied;
(B)in the case of an application that is denied, 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 application.
(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 application; and
(B)issuing communications use authorizations, based on the cost to the Forest Service of any maintenance or other activities required to be performed by the Forest Service as a result of the location or modification of the communications facility.
(4)Provision for prioritization or streamlining of the consideration of applications to locate or modify communications facilities on covered land in a previously disturbed right-of-way.
(d)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 sequentially, by any organizational units of the Forest Service that must approve the location or modification; and
(2)how to eliminate overlapping requirements 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 organizational units.
(e)The Secretary shall, with respect to the regulations issued under subsection (b)—
(1)communicate the regulations to the organizational units of the Forest Service; and
(2)ensure that the organizational units of the Forest Service follow the regulations.
(f)(1)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.
(2)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 subsection (c)(3); and
(C)competitively neutral, technology neutral, and nondiscriminatory with respect to other users of the communications site.
(3)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).
(4)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:
(A)Preparing needs assessments or other programmatic analyses necessary to designate communications sites and issue communications use authorizations.
(B)Developing management plans for communications sites.
(C)Training for management of communications sites.
(D)Obtaining or improving access to communications sites.
(5)Except as provided in paragraph (4), no other amounts are authorized to be appropriated to carry out this section.
(6)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).
(g)(1)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.
(2)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

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 606 of the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018, referred to in subsec. (b), is section 606 of div. P of Pub. L. 115–141, which amended section 1455 of Title 47, Telecommunications, and enacted provisions set out as notes under section 1455 of Title 47. Codification Section was enacted as part of the Agriculture Improvement Act of 2018, and not as part of the Federal Land Policy and Management Act of 1976 which comprises 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 section 9001 of Title 7, Agriculture.

Reference

Citations & Metadata

Citation

43 U.S.C. § 1761a

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73