CLOSE THE GAP Act

This bill modernizes and streamlines the permitting process for broadband infrastructure on federal land. It requires new regulations, data collection, online portals, and a working group to speed up approvals for communications facilities on federal land.

Sec. 2, Definitions: Defines key terms like 'communications facility', 'communications use authorization', 'cost recovery fee', 'Federal land management agency', and 'previously analyzed Federal land'.

Sec. 3, Regulations for streamlining: Requires the Secretary concerned to issue regulations within one year to standardize the application process, ensure competitive neutrality, and base cost recovery fees on annual costs. Regulations must include public tracking of applications, written denial reasons with appeal rights, and minimum 30-year lease terms. The Secretary must consider simultaneous reviews and eliminate overlapping requirements.

Sec. 4, Data collection and report: Requires standardized procedures within one year for tracking application data, including numbers pending, approved, denied, or withdrawn before or after deadlines, and average processing times. A report to Congress must analyze delays and recommend improvements.

Sec. 5, Online tracking of applications: Amends the FAST Act to define 'communications project' and include it as a covered project, making it a high priority for permitting.

Sec. 6, Improving public safety: Within 30 days, the Secretary must direct each land management agency to establish or adopt a categorical exclusion from NEPA for projects at existing communications facilities that improve public safety, such as backup power or redundant connections.

Sec. 7, Previously analyzed federal land: Exempts applications for communications use authorizations on existing infrastructure or previously analyzed federal land from NEPA and historic preservation review. No additional consultation is required even if new information arises.

Sec. 8, Wireless facility modifications: Strikes paragraph (3) of section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, removing a limitation on wireless facility modifications.

Sec. 9, Online portals: Requires each federal land management agency to establish an online portal for electronic SF-299 applications within one year, with coordination for uniform versions.

Sec. 10, Cost recovery fees: Establishes a special Treasury account for each agency to deposit cost recovery fees. Fees must be based on annual costs, competitively neutral, and used for activities like administering authorizations, needs assessments, management plans, training, and hiring to streamline permitting.

Sec. 11, Federal Land Management Agency Working Group: Establishes a working group with one representative from each land management agency to coordinate and expedite application reviews and coordinate with the FCC to identify unserved locations.