Federal Register - December 22, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Proposed Rules
records may in turn become part of the records maintained in this system. To the extent that copies of exempt records from those other systems of records are maintained in this system, the DoD
claims the same exemptions for the records from those other systems that are entered into this system, as claimed for the prior systems of which they are a part, provided the reason for the exemption remains valid and necessary.
Dated: December 16, 2021.
Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
FR Doc. 202127708 Filed 122121; 8:45 am BILLING CODE 500106P
Background
DEPARTMENT OF AGRICULTURE
Forest Service 36 CFR Part 251
RIN 0596AD44
Land Uses; Special Uses; Annual Programmatic Administrative Fee for Communications Use Authorizations Forest Service, Agriculture USDA.
ACTION: Proposed rule.
AGENCY:
The Forest Service Agency, U.S. Department of Agriculture, is proposing to amend its existing regulations to charge a statutorily required annual programmatic administrative fee for new and existing communications use authorizations to cover the costs of administering the Agencys communications use program.
Existing communications use authorizations would be amended to provide for payment of the required annual programmatic administrative fee.
DATES: Comments must be received in writing by February 22, 2022.
ADDRESSES: Comments, identified by RIN 0596AD44, may be submitted via one of the following methods:
1. Federal eRulemaking Portal: http
www.regulations.gov. Follow the instructions for sending comments.
2. Mail: Director, Lands & Realty Management Staff, 201 14th Street SW, Washington, DC 202501124.
3. Hand Delivery: Director, Lands &
Realty Management Staff, 1st Floor South East, 201 14th Street SW, Washington, DC 202501124.
All timely comments, including names and addresses when provided, will be placed in the record and will be available for public inspection and copying. The public may review comments at Office of the Director,
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SUMMARY:
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Lands & Realty Management, 1st Floor Southeast, Sidney R. Yates Federal Building, 201 14th Street SW, Washington, DC, during normal business hours. Visitors are encouraged to call ahead at 2022053563 to facilitate entry into the building.
FOR FURTHER INFORMATION CONTACT: Joey Perry, Lands & Realty Management Staff, 5302513286, joey.perry@
usda.gov. Individuals who use telecommunication devices for the deaf/
hard-of-hearing TDD may call the Federal Relay Service FRS at 1800
8778339 between 8:00 a.m. and 5:00
p.m., 24 hours per day, every day of the week, including holidays.
SUPPLEMENTARY INFORMATION:
The Agency is responsible for managing Federal lands that are adjacent to rural and urban areas. These rural and urban communities depend on Federal lands for critical communications services, including emergency services, internet service, cellular communications, and television and radio broadcasting services. The Agency authorizes the use and occupancy of National Forest System NFS lands for communications facilities buildings, towers, and ancillary improvements and fiber optic cable that provide these critical communications services. The Agency administers over 3,700 special use authorizations for infrastructure that supports over 10,000 wireless communications uses at 1,367
communications sites and administers over 400 special use authorizations for fiber optic cable communications uses on NFS lands.
The U.S. Department of Agricultures Rural Prosperity Task Force Report of 2017 identified connecting rural communities across the United States as a strategic priority for USDA because in todays information-driven global economy, e-connectivity is not simply an amenityit has become essential.
Executive Order 13821, Streamlining and Expediting Requests to Locate Broadband Facilities in Rural America, issued January 8, 2018, states that Americans need access to reliable, affordable broadband internet service to succeed in todays information-driven, global economy 83 FR 1507.
Executive Order 13821 directs Federal agencies to use all viable tools to accelerate the deployment and adoption of affordable, reliable, modern highspeed broadband connectivity to rural America. . . . Id. Agencies are encouraged to reduce barriers to capital investments, remove obstacles to
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broadband services, and more efficiently employ Government resources. Id.
On June 12, 2020, a Secretarial Memorandum was issued to the Chief of the Forest Service, which directs the Agency to focus resources on activities that support the productive use of NFS
lands to deliver goods and services efficiently and effectively to meet the needs of the public. The Agency was specifically directed to expedite broadband development on NFS lands to increase connectivity in rural America.
Need for the Proposed Rule Regardless of where they live, consumers require reliable communications services. The need for wireless connectivity for teleworking, tele-education, telehealth, and telemedicine is even more vital considering events like the COVID19
pandemic. To meet the demand for these critical services, the Agency must be prepared to do its part by ensuring it has the necessary staff and expertise to administer its communications use program.
In addition to being statutorily mandated as outlined below, the annual programmatic administrative fee would provide the funds necessary to support a more modernized, efficient, and enhanced communications use program.
Programmatic administrative fee revenues would be used to reduce the backlog of expired communications use authorizations; streamline implementation by fully staffing the program; enhance automated applications; improve internal and external outreach, including training for employees; fund the national billing team; conduct national oversight; and obtain or improve access to communications sites.
The Agriculture Improvement Act of 2018 the 2018 Farm Bill was signed into law on December 20, 2018. Title VIII, Subtitle G, section 8705, of the 2018 Farm Bill, as amended by Division D, Title IV, section 416, of the Further Consolidated Appropriations Act, 2020
Pub. L. 11694, codified as 43 U.S.C.
1761a, requires the Agency to charge an annual programmatic administrative fee for communications use authorizations to cover the costs of the Agencys communications use program.
Specifically, section 8705c3B
directs the Agency to issue regulations that require a structure of fees for issuing communications use authorizations based on the cost to the Agency for any maintenance or other activities required to be performed by the Agency as a result of the location or modification of a communications
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