The Last Broadband Gifts of the 118th Congress
Thursday, March 6, 2025
Digital Beat
The Last Broadband Gifts of the 118th Congress
In the final days of the 118th Congress, two new broadband bills were passed and eventually signed into law by then-President Joe Biden. Here's a quick look at the E-BRIDGE Act and the EXPLORE Act. The new laws demonstrate how Congress understands how important broadband is to economic development and that broadband is needed everywhere—even the places we go to 'get away from it all.'
I. Eliminating Barriers to Rural Internet Development Grant Eligibility Act
The Eliminating Barriers to Rural Internet Development Grant Eligibility Act (E-BRIDGE Act) is a new law sponsored by House Transportation Chairman Sam Graves (R-MO) aimed at establishing a high-speed broadband deployment initiative. The legislation was passed by the House and the Senate in December 2024, and signed into law by President Joe Biden on January 6, 2025.
The E-BRIDGE Act is meant to remove hurdles for "broadband projects" supported by grants from the U.S. Department of Commerce's Economic Development Administration (EDA). Specifically, the law allows for EDA grants to support:
- broadband planning, technical assistance, and training,
- the acquisition or development of land, as well as
- the acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of facilities.
For the purposes of this law, a "broadband project" provides, extends, expands, or improves high-speed broadband service. High-speed broadband here means "data transmission with sufficient downstream and upstream speeds to end users to permit effective participation in the economy and to support economic growth," as determined by the Secretary of Commerce. Eligible recipients are public-private partnerships.
When reviewing applications for these grants, EDA is to consider geographic diversity of grants allocated, including consideration of underserved markets. EDA must also request data from the Federal Communications Commission, the National Telecommunications and Information Administration, the U.S. Department of Agriculture, and the Appalachian Regional Commission on the level and extent of broadband service that:
- exists in the area proposed to be served; and
- will be deployed in the area with support from another Federal broadband program.
The legislation was introduced to ensure that local communities can partner with the private sector to carry out broadband projects and give communities more flexibility in complying with funding match requirements. Chairman Graves said of the bill:
Increasing numbers of Americans are regularly working, buying food and supplies, and receiving critical medical care without leaving their homes, thanks to high-speed broadband. These services and abilities have become critical for many businesses and job creators. Unfortunately, too many of our communities, particularly in rural America, still lack broadband access. In some cases, just completing that ‘last mile’ is what stands in the way of connecting people to a job they need. The E-BRIDGE Act will help spur projects that attract jobs and businesses to expand economic development and opportunity in rural and poor communities.
The E-BRIDGE Act has a long legislative history. Chairman Graves introduced the legislation in both the 116th and 117th Congress, and it previously passed the House of Representatives with overwhelming support.
II. Expanding Public Lands Outdoor Recreation Experiences Act
The Expanding Public Lands Outdoor Recreation Experiences Act (H.R. 6492 or EXPLORE Act) establishes policies for the U.S. Department of the Interior and the U.S. Department of Agriculture related to recreation on certain public lands. President Biden signed the legislation into law on January 4, 2025. Three provisions address connectivity on Federal recreational lands and waters.
1. Connect Our Parks
By January 4, 2026, Secretary of the Interior Doug Burgum will complete an assessment of National Parks to identify locations in National Parks in which there is the greatest need for broadband internet access service and cellular service. He will share that assessment with Congress and the public.
Secretary Burgum must consider the availability of broadband internet access service in housing, administrative facilities and related structures, lodging, developed campgrounds, and 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. Secretary Burgum must also consider how the availability of cellular service in any developed area within the National Park would increase the access of the public to emergency services and traveler information technologies or the communications capabilities of National Park Service employees.
The assessment will lead to a plan—finalized by January 2028—to install broadband internet access service and cellular service infrastructure in certain locations in National Parks. While developing the plan, Secretary Burgum must consult with affected Indian Tribes and local stakeholders identified by a National Park's superintendent.
The plan will:
- provide for avoiding or minimizing impacts to National Park viewsheds, cultural and natural resources, the visitor experience, historic properties and the viewsheds of historic properties, and other resources or values of the National Park;
- provide for infrastructure providing broadband internet access service or cellular service to be located in previously disturbed or developed areas or areas zoned for uses that would support the infrastructure;
- provide for the use of public-private partnerships to install broadband internet access service or cellular service equipment and to provide broadband internet access service or cellular service;
- be technology neutral; and
- provide for broadband internet access service of at least 100 Megabits per second (Mbps) downstream transmission capacity and 20 Mbps upstream transmission capacity.
Note: The plan will not address National Parks where a superintendent has determined that there is adequate access to broadband internet access service or cellular service.
2. Broadband at Developed Recreation Sites
The law also requires Secretary of the Interior Burgum to enter into an agreement with Chief of the Forest Service Tom Schultz and Commerce Secretary Howard Lutnick to foster the installation or construction of broadband internet infrastructure at developed recreation sites on Federal recreational lands and waters to establish broadband internet connectivity.
A "developed recreation site" is a designated area that has been improved with infrastructure and amenities specifically for public recreational use, including features like designated parking spaces, restrooms, picnic tables, grills, and sometimes even cabins or shelters. Essentially this means a recreation area with built-in facilities to enhance the visitor experience. Examples include campgrounds, boat launches, day-use areas, and trailheads.
By January 2028 (and annually thereafter until January 2032), Secretary Burgum and Chief Schultz will provide a list of the highest priority developed recreation sites on Federal recreational lands and waters that lack broadband internet and estimate the cost to equip each of those sites with broadband internet infrastructure along with the annual cost to operate that infrastructure. The assessment will also include a list of potential barriers to operating the infrastructure and methods to recover the costs of that operation.
When compiling the list, Secretary Burgum and Chief Schultz will give priority to sites 1) at which broadband internet infrastructure has not been constructed due to geographic challenges or the location having an insufficient number of nearby permanent residents or 2) that are located in an economically distressed county that could benefit significantly from developing the outdoor recreation economy of the county.
3. Public Lands Telecommunications Cooperative Agreements
The new law empowers Secretary Burgum to enter into cooperative agreements to carry out activities related to communications sites on lands managed by Federal land management agencies. These activities may include:
- administering communications use authorizations;
- preparing needs assessments or other programmatic analyses necessary to establish communications sites and authorize communications uses on or adjacent to Federal recreational lands and waters managed by a Federal land management agency;
- developing management plans for communications sites on or adjacent to Federal recreational lands and waters managed by a Federal land management agency on a competitively neutral, technology neutral, nondiscriminatory basis;
- training for management of communications sites on or adjacent to Federal recreational lands and waters managed by a Federal land management agency;
- obtaining, improving access to, or establishing communications sites on or adjacent to Federal recreational lands and waters managed by a Federal land management agency; and
- any combination of the above activities.
Finally, the EXPLORE Act mandates that Secretary Burgum comprehensive assessment to evaluate the potential benefits of rental fee retention whereby any fee collected for the occupancy and use of Federal lands and waters authorized by a communications use authorization would be deposited into a special account and used solely for activities related to communications sites on lands and waters managed by the Department of the Interior. This assessment is due January 2026.
The Benton Institute for Broadband & Society is a non-profit organization dedicated to ensuring that all people in the U.S. have access to competitive, High-Performance Broadband regardless of where they live or who they are. We believe communication policy - rooted in the values of access, equity, and diversity - has the power to deliver new opportunities and strengthen communities.
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