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S. 4561IntroducedSenate · nowHousePresidentLawIn committee
Sec. 10 · S. 4561

Collection and retention of cost recovery fees

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(a) Collection and retention of cost recovery fees associated with communications use authorizations on Federal land and Federal land management agency support for communications site programs (1) Special account required The Secretary of the Treasury shall establish a special account in the Treasury for each Federal land management agency for the deposit of cost recovery fees received by the Federal land management agency relating to communications use authorizations granted, issued, or executed by the Federal land management agency. (2) Requirements for cost recovery fees Notwithstanding any other provision of law, any cost recovery fees collected by a Federal land management agency pursuant to this section shall be— (A) collected only to the extent provided in advance in an appropriations Act; (B) calculated and assessed on an annual basis; (C) based solely on costs incurred by organizational units in processing applications for communications use authorizations and overseeing any applicable construction activities relating to the communications use authorizations; and (D) imposed on a competitively neutral, technology-neutral, and nondiscriminatory basis with respect to other uses of the applicable communications site. (3) Deposit and retention of cost recovery fees Cost recovery fees received by a Federal land management agency shall— (A) be deposited in the special account established for that Federal land management agency under paragraph (1); and (B) remain available for expenditure under paragraph (4), to the extent and in such amounts as are provided in advance in appropriations Acts. (4) Expenditure of retained fees Amounts deposited in the special account established for a Federal land management agency under paragraph (1) shall be used by the Federal land management agency for activities relating to communications use authorizations or communications sites, including the following: (A) Administering communications use authorizations, including through cooperative agreements under subsection (b). (B) Preparing needs assessments or other programmatic analyses necessary to establish communications sites and authorize communications uses on or adjacent to Federal land. (C) Developing management plans for the placement of communications sites on or adjacent to Federal land on a competitively neutral, technology-neutral, nondiscriminatory basis. (D) Training for management of communications sites on or adjacent to Federal land. (E) Obtaining, improving access to, or establishing communications sites on or adjacent to Federal land. (F) Hiring and training personnel to perform duties that will help— (i) to streamline permitting processes associated with communications use authorizations and the use of communications sites for communications use on Federal land; and (ii) to reduce the time it takes for permits relating to communications use authorizations and the use of communications sites for communications use on Federal land to be approved. (5) No effect on other fee retention authorities This subsection shall not limit or otherwise affect fee retention by a Federal land management agency under any other authority. (b) Cooperative agreement authority The Secretary of the Interior may enter into cooperative agreements to carry out the activities described in subsection (a)(4).

Sec. 10: Collection and retention of cost recovery fees · Public Law Tracker