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16 U.S.C. § 8451Connect our parks

submitted 1 year ago by Pub. L. 118-234 to r/title-16-CONSERVATION · 712 words · no verdicts yet

in plain englishAI-generated · not legal advice

The National Park Service must assess where National Parks most need broadband internet and cellular service, then publish the results. It must then develop a plan, made with tribes and local stakeholders, to install that infrastructure while protecting park views, resources, and visitor experience, and using public-private partnerships. A park doesn't need a plan if its superintendent decides its internet or cell access is already adequate.

(a) Definitions. "Appropriate committees of Congress" means the Senate Energy and Natural Resources Committee, the Senate Commerce, Science, and Transportation Committee, the House Natural Resources Committee, and the House Energy and Commerce Committee. "Broadband internet access service" and "cellular service" have the meanings given in specific FCC regulations (title 47, Code of Federal Regulations). "National Park" means a unit of the National Park System. "Secretary" means the Secretary of the Interior, acting through the Director of the National Park Service. (b) Assessment. (1) Within 1 year after January 4, 2025, the Secretary must finish an assessment of National Parks to identify the locations that most need broadband internet access, and the areas that most need cellular service. (2) For broadband, the Secretary must consider, for each park, how available broadband is in housing, administrative buildings and related structures, lodging, developed campgrounds, and any other location the park superintendent decides needs it. For cellular service, the Secretary must consider how available it is in any developed area of the park, in ways that would improve public access to emergency services and travel information, or improve communication for Park Service employees. (3) Once finished, the Secretary must send a report on the assessment's results to the appropriate congressional committees, and post it on the Department of the Interior's website. (c) Plan. (1) Within 3 years after January 4, 2025, based on the assessment and subject to the limit in paragraph (4), the Secretary must develop a plan to install broadband infrastructure in certain park locations and cellular equipment and infrastructure in certain park areas. (2) While developing the plan, the Secretary must consult with affected Indian Tribes and with local stakeholders the relevant park superintendent identifies as appropriate. (3) The plan must: avoid or minimize harm to park viewsheds, cultural and natural resources, the visitor experience, historic properties and their viewsheds, and other park resources or values; place infrastructure in previously disturbed or developed areas, or in areas already zoned to support it; use public-private partnerships to install and provide broadband or cellular service; stay technology-neutral; and, for broadband, provide at least 100 Mbps download speed and 20 Mbps upload speed. (4) The plan does not have to address broadband or cellular service for any park where the superintendent decides that park already has adequate access.
the actual law source: uscode.house.gov ↗public domain
(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 January 4, 2025, 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 January 4, 2025, 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)

historic properties and the viewsheds of historic properties; and

(v)

other resources or values of the National Park.

(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.

Source credit: (Pub. L. 118–234, title I, § 141, Jan. 4, 2025, 138 Stat. 2862.)

history & why it existsrecord from the source credit
  • 2025Enacted · Pub. L. 118-234 · 138 Stat. 2862

A history note hasn’t been published yet. The record shows enactment by Pub. L. 118-234 on 2025-01-04.

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