[Senate Report 118-154]
[From the U.S. Government Publishing Office]
Calendar No. 306
118th Congress } { Report
SENATE
2d Session } { 118-154
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CONNECT OUR PARKS ACT
_______
January 9, 2024.--Ordered to be printed
_______
Mr. Manchin, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany S. 2018]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2018) to require the Secretary of the
Interior to conduct an assessment to identify locations in
National Parks in which there is the greatest need for
broadband internet access service and areas in National Parks
in which there is the greatest need for cellular service, and
for other purposes, having considered the same, reports
favorably thereon with an amendment, in the nature of a
substitute, and recommends that the bill, as amended, do pass.
AMENDMENT
1. Strike all after the enacting clause and insert the
following:
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Connect Our Parks Act''.
SEC. 2. BROADBAND INTERNET ACCESS SERVICE AND CELLULAR SERVICE
ASSESSMENT AND PLANNING IN NATIONAL PARKS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Energy and Natural Resources of
the Senate;
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Committee on Natural Resources of the House
of Representatives; and
(D) the Committee on Energy and Commerce of the House
of Representatives.
(2) Broadband internet access service.--The term ``broadband
internet access service'' has the meaning given the term in
section 8.1(b) of title 47, Code of Federal Regulations (or a
successor regulation).
(3) Cellular service.--The term ``cellular service'' has the
meaning given the term in section 22.99 of title 47, Code of
Federal Regulations (or a successor regulation).
(4) National park.--The term ``National Park'' means a unit
of the National Park System.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the National Park
Service.
(b) Assessment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall complete an
assessment of National Parks to identify--
(A) locations in National Parks in which there is the
greatest need for broadband internet access service,
based on the considerations described in paragraph
(2)(A); and
(B) areas in National Parks in which there is the
greatest need for cellular service, based on the
considerations described in paragraph (2)(B).
(2) Considerations.--
(A) Broadband internet access service.--For purposes
of identifying locations in National Parks under
paragraph (1)(A), the Secretary shall consider, with
respect to each National Park, the availability of
broadband internet access service in--
(i) housing;
(ii) administrative facilities and related
structures;
(iii) lodging;
(iv) developed campgrounds; and
(v) any other location within the National
Park in which broadband internet access service
is determined to be necessary by the
superintendent of the National Park.
(B) Cellular service.--For purposes of identifying
areas in National Parks under paragraph (1)(B), the
Secretary shall consider, with respect to each National
Park, the availability of cellular service in any
developed area within the National Park that would
increase--
(i) the access of the public to emergency
services and traveler information technologies;
or
(ii) the communications capabilities of
National Park Service employees.
(3) Report.--On completion of the assessment under paragraph
(1), the Secretary shall submit to the appropriate committees
of Congress, and make available on the website of the
Department of the Interior, a report describing the results of
the assessment.
(c) Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall develop a plan,
based on the results of the assessment completed under
subsection (b) and subject to paragraph (4)--
(A) to install broadband internet access service
infrastructure in certain locations in National Parks;
and
(B) to install cellular service equipment and
infrastructure in certain areas of National Parks.
(2) Consultation.--In developing the plan under paragraph
(1), the Secretary shall consult with--
(A) affected Indian Tribes; and
(B) local stakeholders that the superintendent of the
applicable National Park determines to be appropriate.
(3) Requirements.--The plan developed under paragraph (1)
shall--
(A) provide for avoiding or minimizing impacts to--
(i) National Park viewsheds;
(ii) cultural and natural resources;
(iii) the visitor experience;
(iv) other resources or values of the
National Park; and
(v) historic properties and the viewsheds of
historic properties;
(B) provide for infrastructure providing broadband
internet access service or cellular service to be
located in--
(i) previously disturbed or developed areas;
or
(ii) areas zoned for uses that would support
the infrastructure;
(C) provide for the use of public-private
partnerships--
(i) to install broadband internet access
service or cellular service equipment; and
(ii) to provide broadband internet access
service or cellular service;
(D) be technology neutral; and
(E) in the case of broadband internet access service,
provide for broadband internet access service of at
least--
(i) a 100-Mbps downstream transmission
capacity; and
(ii) a 20-Mbps upstream transmission
capacity.
(4) Limitation.--Notwithstanding paragraph (1), a plan
developed under that paragraph shall not be required to address
broadband internet access service or cellular service in any
National Park with respect to which the superintendent of the
National Park determines that there is adequate access to
broadband internet access service or cellular service, as
applicable.
PURPOSE
The purpose of S. 2018 is to require the Secretary of the
Interior to conduct an assessment to identify locations in
units of the National Park System in which there is the
greatest need for broadband internet access service or cellular
service.
BACKGROUND AND NEED
Many of America's National Park System units are located in
remote areas in the United States where telecommunications
services can be sparse or even non-existent. With more than 300
million people visiting the National Park System every year,
this can be a major public safety concern. In some cases,
people in need of emergency assistance have no way to
communicate that need. Increased access to cellular service can
ensure that when an accident happens, the public will be able
to contact emergency services. Increased access to cellular
service will also benefit communications capabilities for park
rangers, especially as many parks transition to advanced radio
over internet protocol (RoIP) systems.
Additionally, the National Park Service has identified the
lack of quality internet access as a barrier to hiring and
retaining qualified personnel. Because many staff members
reside within park boundaries, an increase in high-speed
internet may reduce that barrier to entry.
To address these concerns, S. 2018 directs the Director of
the National Park Service, within one year after the date of
enactment, to complete an assessment of locations in units of
the National Park System in which there is the greatest need
for broadband internet access or cellular service.
LEGISLATIVE HISTORY
S. 2018 was introduced by Senators Barrasso, King, Lummis,
Lee, and Hyde-Smith on June 15, 2023. The Subcommittee on
National Parks held a hearing on S. 2018 on June 21, 2023.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in an
open business session on September 21, 2023, by a voice vote of
a quorum present, recommends that the Senate pass S. 2018, if
amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 2018, the committee adopted
an amendment in the nature of a substitute, incorporating
recommended edits from the National Park Service. The amendment
clarifies the definition of a national park to mean a unit of
the National Park System, and not just those areas designated
as a ``national park.'' Second, it increases the timeframe to
develop an assessment from 180 days to 1 year after the date of
enactment, and it increases the timeframe to develop the plan
from 2 years to 3 years after the date of enactment. Third, it
includes a requirement that the National Park Service consult
with affected Indian Tribes, in addition to local stakeholders,
when developing the plan. Finally, the amendment requires that
any infrastructure for service be located in previously
developed areas.
The amendment is explained in detail in the section-by-
section analysis, below.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides the short title of the bill, the
``Connect Our Parks Act''.
Section 2. Broadband internet access service and cellular service
assessment and planning in national parks
Subsection (a) defines key terms used in the bill.
Subsection (b) requires the Secretary of the Interior
(Secretary), within one year after the date of enactment of
this Act, to complete an assessment of units of the National
Park System to identify locations in which there is the
greatest need for broadband internet access service or cellular
service based on certain considerations. It also requires the
Secretary to complete a report describing the results of the
assessment.
Subsection (c) directs the Secretary, not later than 3
years after the date of enactment, to develop a plan based on
the results of the assessment to install broadband or cellular
service. In developing the plan, the Secretary is required to
consult with affected Indian Tribes and local stakeholders. The
subsection identifies requirements for the plan, including
avoiding or minimizing impacts to park viewsheds, cultural and
natural resources, visitor experience, and other park resources
and values.
COST AND BUDGETARY CONSIDERATIONS
The Committee has requested, but has not yet received, the
Congressional Budget Office's estimate of the cost of S. 2018
as ordered reported. When the Congressional Budget Office
completes its cost estimate, it will be posted on the Internet
at www.cbo.gov.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2018. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses. No personal information would be collected in
administering the program. Therefore, there would be no impact
on personal privacy. Little, if any, additional paperwork would
result from the enactment of S. 2018, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 2018, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Department of the Interior at
the June 21, 2023, hearing on S. 2018 follows:
Statement of Michael A. Caldwell, Associate Director, Park Planning,
Facilities, and Lands, National Park Service, U.S. Department of the
Interior
Chairman King, Ranking Member Daines, and members of the
Subcommittee, thank you for the opportunity to present the
Department of the Interior's views on S. 2018, a bill to
require the Secretary of the Interior to conduct an assessment
to identify locations in National Parks in which there is the
greatest need for broadband internet access service and areas
in National Parks in which there is the greatest need for
cellular service, and for other purposes.
The Department supports the goal of S. 2018 to better
understand and prioritize the broadband internet and cellular
service needs of the National Park Service. However, because
this bill was only recently introduced, the Department would
appreciate having more time to evaluate the bill and work with
the sponsor and Committee on amendments.
S. 2018 would direct the Secretary of the Interior, acting
through the Director of the National Park Service (NPS), to
conduct an assessment of national parks to determine where
there is the greatest need for broadband internet access
service and cellular service. For broadband internet access
service, the assessment would consider availability in housing,
administrative facilities, campgrounds, and locations where
that service is determined to be necessary. For cellular
service, the assessment would consider areas that would
increase the access of the public to emergency services, or the
communications capabilities of National Park Service employees.
S. 2018 would also direct the Secretary to develop a plan,
based on the results of the assessment, to install broadband
internet access and cellular service infrastructure in national
parks. Requirements of the plan would include consultation with
local stakeholders, provide for minimal disruptions to park
resources, and provide for the use of public-private
partnerships among other requirements.
More than 400 units of the National Park System stretch
from Guam to the Virgin Islands and from Alaska to Florida
across the United States. While some parks are located in or
near developed areas, others are in or near remote wilderness.
The diversity in landscapes means that internet access and cell
phone service vary in different parks--and can even be
inconsistent within the boundaries of an individual park. Due
to the remoteness of some parks, costs to provide internet and
cellular service can be quite high, regardless of whether the
agency or a provider takes on those costs.
The NPS provides free Wi-Fi internet service at some
visitor centers and other facilities around the country. In
addition, many concession operations in parks, such as lodges
and restaurants, provide some form of internet for visitors,
either for free or for an additional charge.
The NPS is acting in support of Executive Order 13821,
Streamlining and Expediting Requests to Locate Broadband
Facilities in Rural America, and the Presidential Memorandum,
Supporting Broadband Tower Facilities in Rural America on
Federal Properties Managed by the Department of the Interior.
The NPS has created a Right-of-Way (ROW) webpage to provide
more information for individuals and companies interested in
applying for ROW permits from the bureau, including to provide
internet and cellular service. It holds a bi-annual internal
training on ROW permitting process for headquarters, region,
and park staff. The NPS has a national ROW permitting team and
a ROW coordinator in each region to support parks in processing
ROW permit applications.
All bureaus of the Department coordinate to maintain a web-
based mapping application that allows users to see locations of
existing federal broadband infrastructure, filter data, and add
layers for analysis.
While the Department believes the assessment and plan
required under this bill could be useful in focusing the NPS's
efforts on its greatest internet and cellular service needs, we
recommend amending S. 2018 in a few areas.
First, as defined in S. 2018, the term ``National Park''
means a unit of the National Park System that is designated as
a ``national park''. While we understand that the focus of this
bill is increasing internet and cellular access in the more
expansive and remote parks, there are many units designated as
``national recreation area'', ``national preserve'', or similar
titles that have the same access issues that many of our large
remote units designated as ``national parks'' have. To conduct
the assessment and prepare the plan proposed by this
legislation fairly, we believe that all units should be
included. To achieve this, we recommend amending the bill's
definition of ``National Park'' to include all units of the
National Park System.
Second, we are concerned that the bill's timeframes of 180
days and two years would not be sufficient to complete the
assessment and plan, respectively, with existing resources. We
recommend that the bill be amended to extend these timeframes.
Third, the bill requires consultation with parks' local
stakeholders in developing the plan. We recommend that Tribes
be explicitly included as consulting parties on the plan as
well.
Finally, we have a number of suggested technical edits and,
as mentioned previously, we may have additional recommendations
upon further evaluation of S. 2018. The Department welcomes the
opportunity to work with the bill's sponsor and the Committee
on these amendments before the Committee acts on the bill.
Chairman King, this concludes my statement. I would be
pleased to answer any questions you or other members of the
Subcommittee may have.
changes in existing law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by S. 2018 as ordered
reported.