Monthly Archives: July 2025

73 percent of U.S. adults have experienced some kind of online scam or attack

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Pew Research Center recently released results of a study on online scams and attacks. It seems timely for folks in St Paul. It’s not meant to be a downer or even a warning but a reminder to be cautious and smart. If it seems too good to be true or something doesn’t sound right, look closer…

Online scams and other internet crimes are skyrocketing, with a record $16.6 billion in losses reported to the FBI in 2024. The federal government, banks and companies are all sounding alarms. And the public is also wary, with many having firsthand experience:

  • Nearly all Americans view online scams and attacks as a national problem. More than nine-in-ten say online scams and attacks are a problem in the country, including 79% who describe them as a major problem.

  • Most U.S. adults have been a victim of an online scam or attack. We find that 73% of U.S. adults have ever experienced things like credit card fraud, ransomware or online shopping scams.

Helpful to know how for are getting scammed…

Online scams target Americans in variety of ways, including phone calls, texts and emails. According to our survey, a majority of U.S. adults report getting scam phone calls (68%), emails (63%) or text messages (61%) at least weekly that attempt to get their personal information. One-third get these messages on social media at the same frequency.

The FCC announces former RDOF areas that are now eligible for other funding including Lumen locations in Minnesota

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The FCC reports…

By this Public Notice, the Wireline Competition Bureau (WCB or Bureau) announces that certain Rural Digital Opportunity Fund (RDOF) census block groups (CBGs) are now eligible for other funding programs.  Specifically, CenturyTel of Montana, Inc.; CenturyTel of Washington, Inc.; Embarq Florida, Inc.; and Qwest Corporation (collectively, Lumen) have notified the Commission of their decision to withdraw from the RDOF program in Colorado (study area code (SAC) 465102), Florida (SAC 210341), Idaho (SAC 475162), Minnesota (SAC 365142), Montana (SAC 482249), Nebraska (SAC 375143), Oregon (SAC 535163), and Washington (SAC 522408).[1]  Additionally, Commnet Four Corners, LLC (Commnet) has notified the Commission of its decision to withdraw from the RDOF program in Colorado (SAC 469011).[1]  Both carriers will be subject to non-compliance measures, as described below.  We also refer Commnet’s default to the Enforcement Bureau for further consideration.

By announcing in this Public Notice that Lumen and Commnet will not meet their RDOF obligations in the identified states, we take the necessary step to formally announce that the eligible census blocks within the relevant CBGs are eligible for funding from other federal and state funding programs subject to the rules of the other programs,[2] furthering our responsibility to coordinate with other agencies to maximize the deployment of high-quality broadband service across the United States.[3]  To promote the efficient use of broadband funding, a number of funding programs make areas ineligible for broadband deployment funding where a service provider is already subject to an enforceable commitment to serve.[4]  This announcement avoids leaving these areas unserved for the duration of the RDOF deployment terms,[1] because providers may now have access to alternative funding to serve these areas.

[1] RDOF recipients authorized in 2021 and 2022 must offer the required service to 100% of their original location total by December 31, 2027 and December 31, 2028, respectively.  RDOF Order, 35 FCC Rcd at 709, para. 45.  If more locations than the original estimated are identified during the support term, recipients will have an additional two years to serve the additional locations subject to limited exceptions.  Id. at 710, para. 49.

Hiawatha Broadband and others are consolidated to become Schurz Communications

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Broadband Communities reports…

Schurz Communications, a family-owned firm with roots in newspaper publishing and broadcasting, today announced the launch of a new division called Schurz Broadband Group (SBG) to consolidate its network of regional fiber broadband providers.

According to Schurz Communications, the creation of SBG aims to unify resources and boost innovation, fiber expansion, and digital access while allowing each operating company to retain its local brand identity and community connections.

Overall, SBG will encompass six regional internet providers, including Antietam Broadband in Maryland, Burlington Telecom in Vermont, Hiawatha Broadband in Minnesota, Long Lines Broadband covering Iowa, Nebraska, and South Dakota, NKTelco in Ohio, and Orbitel Communications in Arizona.

Schurz Communications said each provider will continue to operate independently with its established local leadership and branding but will share strategic support, technology leadership, and infrastructure integration under the SBG umbrella.

The company also claims the new structure balances fiber-driven innovation with community-focused economic development.

EVENT Aug 25-26: AscendRural Regional Symposium

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Looks like an interesting conference…

AscendRural’s Symposium brings together rural community leaders, economic development professionals, and innovation experts for shared learning, insight, and forward momentum. The symposium will feature updates on ongoing initiatives, in-depth reports on pilot programs, and key findings from AscendRural’s work to improve rural well-being.

Attendees will hear directly from community partners, technology innovators, and policy advocates who are driving change in rural health, education and connectivity. Through presentations, panels, and interactive discussions, the event will highlight what’s working, what’s emerging, and how rural communities are shaping the future of equitable innovation.

OPPORTUNITY: Libraries Without Borders US is looking for library partner

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From Libraries Without Borders US…

Library-School Partnership Request for Proposal (RFP)

Enhancing library access for youth and families through their local schools

Libraries Without Borders US (LWB US) is growing its partnership base across the country in order to increase library access and usage for underserved youth and families! This initiative aims to enhance partnerships between local schools, school libraries, and public libraries.

Through this Request for Proposal (RFP), LWB US will select five (5) public libraries or library systems with high levels of community need and a commitment to sustain successful efforts launched through the partnership.

Selected partners will receive technical assistance for community data collection and analysis, strategy and development for school-library partnerships, implementation support, ongoing evaluation, and sustainability planning. To nurture a successful partnership, LWB US will provide supplies and materials up to $5,000 to support the implementation of school-library initiatives. Please note that LWB US is not a grant funder. We partner with public libraries and library systems in order to increase community access to and engagement with resources and offerings.

Application Process

Applications will be accepted July 1, 2025 through August 31, 2025. 

 See Library-School Partnership RFP for more details and submission instructions.

Apply Now

Office of Broadband Development Updates July 30, 2025: BEAD and Line Extension

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From the Office of Broadband Development…

Broadband Matters: Office of Broadband Development Updates

  • Out and About in Greater MN
  • Restructured BEAD Round updates
  • Line Extension Connection Program
  • Remembering Senator Bruce Anderson’s impact on broadband

Out and About in Greater MN

Representative Nathan Nelson, ECE President/CEO Justin Jahnz, Senator Aric Putnam, and OBD Executive Director Bree Maki.

Along with staff from East Central Energy (ECE), officials from the Minnesota Legislature and the Minnesota Office of Broadband Development met in Pine City on July 17 to observe speed testing and review progress tied to state-funded broadband grants as part of the ongoing ECE Fiber broadband expansion project. Senator Aric Putnam, Chair of the Senate Committee on Agriculture, Broadband, and Rural Development, and Representative Nathan Nelson (District 11B) joined the site visit to better understand the progress of rural broadband deployment by electric cooperatives. The group observed performance testing and mapping verifications to ensure compliance with network speed and coverage requirements.

OBD staff have been busy with additional site visits across the state, and have seen updates on state Broadband Grant Programs and the Line Extension Connection Program through visits with: Access Networks, Midco, Garden Valley Technologies (GVT), Otter Tail Telcom, Savage Communications, Inc (SCI), Interstate Telecommunications Company (ITC), Bevcomm, Arvig, Federated Rural Elective Association, Southwest Minnesota Broadband, and KMTelecom.

Outside GVT office for annual site visits: GVT Chief Facilities Officer Jon Smith, GVT Chief Financial Officer Kristi Benson, OBD Staff Samantha Ernst, and GVT CEO/General Manager Tim Brinkman.

Restructured BEAD Round updates

Minnesota saw the close of it’s Restructured Broadband Equity, Access and Deployment (BEAD) Round of subgrantee selection, which ran July 14 through July 24, 1:30pm CST. OBD has begun review and deconfliction of the submitted applications.

Updates as they are available will be posted to the OBD BEAD webpage, including a direct negotiation process for locations that did not secure bids and posting the Final Proposal for public comment (posted by August 28) in compliance with National Telecommunications and Information Administration (NTIA) guidelines.

Line Extension Connection Program

The Minnesota Line Extension Connection Program aims to connect residents and businesses that lack access to wired broadband internet service with service providers and assist in the expense of extending broadband to those locations.

Owners of residential and business locations lacking a wired internet connection with access to actual speeds equal to or greater than 25 Mbps download and 3 Mbps upload, can submit their address location for bid consideration by entering their information into the Line Extension Connection portal to initiate their interest in receiving broadband internet service. Applicants should complete every applicable question including providing additional comments that will help explain the critical need of broadband for the household/business, including any barriers. More information on how to submit an application via portal, phone, or mail is available on the OBD Line Extension Connection webpage.

 

Remembering Senator Bruce Anderson’s impact on broadband

The Office of Broadband Development would like to extend gratitude to the late, Senator Bruce Anderson for his lifelong work in understanding and expanding broadband access for his constituents and across Minnesota. Reflection and recognition of Senator Anderson’s impact on key issues through his service on the Senate Agriculture, Broadband, and Rural Development Committee have been recognized by many, including an article published by Minnesota Public Radio.

The FCC still looking at 100/20 speed benchmark and abolishing the long-term goal of 1,000/500

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The FCC shares…

FCC FACT SHEET*
Inquiry Concerning Deployment of Advanced Telecommunications Capability
to All Americans in a Reasonable and Timely Fashion
Nineteenth Section 706 Report Notice of Inquiry (2025), GN Docket No. 25-223
Background: Section 706 of the Telecommunications Act of 1996 requires the FCC to annually conduct
an inquiry concerning the availability of advanced telecommunications capability to all Americans, and to
determine whether such capability is being deployed to all Americans in a reasonable and timely fashion.
The Notice, if adopted, would initiate this inquiry and propose returning the Commission’s analysis
to the plain language of section 706, and doing so in a technologically neutral manner. The
Commission’s section 706 report must be issued within 180 days after release of the Notice.
What the Notice would do:
• Propose to singularly focus on the availability of advanced telecommunications capability as
measured through deployment.
• Propose to refocus the Commission’s inquiry on whether advanced telecommunications
capability “is being deployed,” (that is, incremental progress made in deployment) rather than
whether it already has been deployed, as was the focus of the 2024 Report.
• Solicit comment about whether the Commission should again use 100/20 Mbps as the benchmark
for defining advanced telecommunications capability for fixed broadband.
• Propose to abolish the long-term goal of 1,000/500 Mbps established in the 2024 Report as no
long-term goal is mentioned in the statute.
• Seek comment on whether to continue assessing mobile broadband services using multiple-speed
metrics and, if so, whether to continue focusing the main analysis on 5G-NR outdoor stationary
coverage at 35/3 Mbps speeds, or instead on 5G-NR in-vehicle mobile coverage at speeds of at
least 35/3 Mbps.
• Propose to continue using the previously established short-term goal of 1 Gbps per 1,000 students
and staff but to not establish a long-term goal, and seek comment on both proposals.
• Propose to again use the Broadband Data Collection as the primary data source for analyzing
fixed availability and seek comment on the proposal to do so.

Governor Walz Celebrates Agriculture Bill

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Governor Walz’s office reports…

Governor Tim Walz today held a ceremonial bill signing for the Agriculture Finance and Policy Omnibus bill. The bill strengthens Minnesota’s agricultural economy, boosts support for family farmers, and invests in local food systems. To celebrate the signing, Governor Walz visited Apple Jack Orchards owned by Mary and Ray Mithun, and was joined by legislators and members of Minnesota’s agriculture industry. Photos from the event are available online.

“Minnesota farmers are indispensable – they drive our economy and feed families around the world. In a difficult budget year, I am proud that we put partisan politics aside to deliver this bill,” said Governor Walz. “This legislation ensures that our farmers continue to have the resources they need to thrive. From funding for emergency preparedness response to livestock protection and expansions in broadband development, this bill is a critical step forward in building a resilient future for Minnesota agriculture.”

Minnesota National Guard assists city of St. Paul after cyberattack

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Minnestoa Public Radio reports...

Gov. Tim Walz called in the Minnesota National Guard on Tuesday to help the city of St. Paul with a cyberattack and make sure city services continue.

St. Paul experienced the cyberattack on Friday. The governor said in an emergency executive order that the attack targeted “critical systems and digital services” and caused disruptions to vital services throughout the weekend.

“St. Paul officials have been working around the clock since discovering the cyberattack, closely
coordinating with Minnesota Information Technology Services and an external cybersecurity vendor,” the executive order said. “Unfortunately, the scale and complexity of this incident exceeded both internal and commercial response capabilities.”

The city asked the state for support from the National Guard.

The order calls on the National Guard to provide cybersecurity services in collaboration with the city and state.

City officials said online payments and some online services are unavailable after the attack.

The city said “911 remains fully operational.” But a statement on St. Paul’s website asks in cases of non-emergencies such as “public safety or infrastructure concerns,” that residents call 651-291-1111.

Minnesota Consumer Data Privacy Act starts July 31, 2025

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St Cloud Live reports…

Starting July 31, Minnesotans will have new data privacy rights under the Minnesota Consumer Data Privacy Act.

The Minnesota Consumer Data Privacy Act will give consumers several new rights, including to access, edit, request deletion and obtain a copy of their personal data obtained by businesses, as well as the right to opt out of targeted advertising, data sales and profiling.

Minnesota Attorney General Keith Ellison and chief author of the 2024 legislation, Rep. Steve Elkins, DFL-Bloomington, held a press conference Monday, July 28, discussing the new protections.

“For years, we’ve come to be conditioned to believe that our privacy and our private data just isn’t really private at all,” Ellison said. “When we wear a smart watch or we turn GPS tracking on our phones, when we use a web browser or sign up for an email newsletter, we generate private, sensitive data companies have been free to buy and sell that data without any permission from us, without our knowledge even and without any mechanism for us to make them stop. On July 31 … that all changes in the state of Minnesota.”

Here’s what it means to businesses…

Under the new law, businesses subject to the MCDPA are those that control or process the personal data of 100,000 or more Minnesota residents, earn 25% of their revenue from the sale of personal data, or control personal data of 25,000 consumers or more.

Businesses will also be required to request parental permission for selling and using the data of users under the age of 16, and must provide a list of third parties their business has sold personal data to, if the consumer requests it.

Elkins said the types of businesses commonly affected by the new consumer protections range from weather and menstrual tracking apps to major tech companies like Google, as well as data brokers.

And what it might mean to consumers…

Minnesotans looking to exercise these new rights can contact businesses directly. The new law requires businesses to respond within 45 days, as well as include an email address or other online mechanism within their privacy disclosures page for consumers to use, according to Ellison’s office.

Consumers can also visit the attorney general’s website at privacymn.com for more instructions on both how to contact businesses as well as how to file formal legal complaints for businesses suspected of violating the MCDPA.

A view of BEAD changes from a fiber manufacturer via NPR’s Marketplace

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Kai Ryssdal, from National Public Radio’s Marketplace,. spoke to a fiber manufacturer a year ago and this week about how changes to BEAD’s take on fiber has impacted his work…

Patrick Jacobi is SVP of digital solutions in North America for Prysmian. He joined Ryssdal to talk about how the policy change is playing out in the fiber internet supply chain, and how other economic headwinds are creating both challenges and opportunities for the company.

You can listen to the full interview online.

The National Governors Association makes broadband a priority

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The National Governors Association shares a letter to policymakers…

Dear Chair Collins, Chair Cole, Vice Chair Murray, and Ranking Member DeLauro:

As Co-Chairs of the National Governor Association’s Economic Development and Revitalization Task Force, we welcome the opportunity to provide you with our priorities as your respective committees continue to craft and consider the Fiscal Year 2026 (FY26) appropriations bills.

NGA utilizes a task force structure to ensure a streamlined, Governor-driven approach to formulate and execute on federal policy matters that are priorities to Governors. The three task forces — Education, Workforce, and Community Investment; Public Health and Disaster Response; and Economic Development and Revitalization — work in a bipartisan fashion to coordinate NGA’s work on federal policy issues.

The Economic Development and Revitalization Task Force has jurisdiction over issues in the areas of infrastructure, broadband, energy, environment, land management, technology, and taxes. Congress has been an instrumental partner for states and territories in funding efforts to help support infrastructure, economic development, and environmental programs. Therefore, as you look toward Fiscal Year 2026’s appropriations process, NGA requests that you prioritize the following funding efforts in support of:

Broadband is one of the eleven priorities…

  • Broadband Deployment and Access: As Governors, we understand the critical role that reliable and accessible internet connectivity plays in bridging the digital divide in our communities. Internet access is essential for telehealth, accessing education and workforce development programs, and connecting the 21st century economy. We strongly support the flexibility of federal programs to achieve the diverse needs of states as they deploy broadband capabilities.

CenturyLink defaults on 41,000 RDOF locations after BEAD maps are updated

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Doug Dawson reports…

CenturyLink told the FCC recently that it is defaulting on 41,000 RDOF locations spread across eight states and 153 Census block groups. That’s a big portion of the 77,000 locations that the company won in the RDOF reverse auction. CenturyLink originally was awarded $262.3 million in subsidies, spread over ten years.

There are a number of consequences of this default. First, this has now happened after states made BEAD maps and allocation. That makes it likely that nobody will be bringing improved broadband to the default areas. If the defaults had happened earlier, these areas could have been rolled into the BEAD process.

CenturyLink should expect a significant fine. In 2024, the FCC fined two companies that defaulted on RDOF. Etheric Communications was fined $732,000 for defaulting on 244 locations. GigFire (LTD Broadband) was fined $21.7 million for defaulting on 7,238 locations. Mercury Broadband was fined $14.2 million in a separate FCC decision and is also expected to return all RDOF funding for the defaulted areas.

If CenturyLink is fined at the same level or around $3,000 per location as the recent defaults, the fine will be $123 million. Additionally, roughly half of the RDOF funding has flowed to auction winners, meaning CenturyLink would have to return approximately $65 million of RDOF subsidy to the FCC.

The CenturyLink default defies the usual explanation of RDOF defaults. Many other defaults have been blamed on the FCC’s auction rules that didn’t pre-qualify companies before entering the auction. That resulted in companies winning RDOF that had weak balance sheets or insufficient financial backing.

But any pre-qualifying process would have easily allowed CenturyLink to enter the RDOF auction. CenturyLink is now obviously in financial distress and has decided that fines are less expensive than completing the required construction.

Quantum Fiber talks about how older building can work on getting FTTP

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RE Journals reports…

Vintage properties, however, need not be left behind. Tara Michlitsch, a sales manager at Quantum Fiber, explains that older buildings can gain a valuable amenity that helps retain the property’s competitive appeal with a fiber internet retrofit or “overbuild.”

The overbuild process: Bringing fiber to the unit

“A fiber overbuild brings high-speed fiber directly to each unit—complete with WiFi equipment in place so residents can access high-speed service as soon as installation is finished,” explains Michlitsch. Careful design and coordination play a pivotal role in minimizing disruption and maintaining the visual appeal of property. The overbuild process may change depending on the internet service provider (ISP), but typically unfolds as follows:

  1.  Network design: The ISP’s engineers identify pathways to bring fiber onto the property, to each building and to all units. Design options may include running fiber underground to locations near buildings, followed by dropping fiber lines through building attics, storage closets, garages or places that can be inconspicuous.
  2. Exterior work: Bringing fiber to the building may involve trenching, boring, or installing the fiber network while minimizing inconvenience and preserving landscaping and exteriors.
  3. Interior work: Fiber is routed to each unit with careful attention to concealment and aesthetics. Each residence receives a fiber-ready modem, with every connection thoroughly tested.
  4. Network activation: Once the new network is live, residents can gain immediate access to ultra-fast broadband, facilitating modern amenities, smart devices, and seamless work-from-home experiences.

Critical considerations for selecting an internet partner

According to Michlitsch, owners and property management firms eyeing a fiber overbuild should carefully assess several key factors when selecting an ISP:

  • Cost management: Keeping expenses under control is crucial to maximizing ROI. While labor and material costs can add up quickly, experienced fiber providers can offer accurate budgeting and creative solutions to help make retrofits more affordable than many expect.

  • Quality of work: The reliability and satisfaction of residents hinge on the quality of the installation. Subpar design or implementation can lead to persistent internet issues, extra work for building staff, and even damage a community’s reputation.

  • Attention to aesthetics: Preserving the building’s appearance is a top priority. Upgrades should involve running cables discreetly, leveraging existing conduits and pathways whenever possible, and concealing new ones behind walls or ceilings to maintain curb appeal and interior aesthetics.

  • Project timelines: The timeframe for completing a retrofit can be significant, but efficient project management allows for completion in a timely manner—without cutting corners or unnecessarily disrupting residents.

  • Customer service: Post-installation support is vital. The right ISP can demonstrate a commitment to clear communication, responsive troubleshooting, and ongoing resident satisfaction well after the upgrade is complete.

 

The White House smooths the path for data centers

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I posted about the White House’s AI plan earlier this week, where they mentioned a plan for data centers. Here’s their new announcement on data centers specifically…

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section  1.  Policy and Purpose.  My Administration has inaugurated a golden age for American manufacturing and technological dominance.  We will pursue bold, large-scale industrial plans to vault the United States further into the lead on critical manufacturing processes and technologies that are essential to national security, economic prosperity, and scientific leadership.  These plans include artificial intelligence (AI) data centers and infrastructure that powers them, including high‑voltage transmission lines and other equipment.  It will be a priority of my Administration to facilitate the rapid and efficient buildout of this infrastructure by easing Federal regulatory burdens.

In addition, my Administration will utilize federally owned land and resources for the expeditious and orderly development of data centers.  This usage will be done in a manner consistent with the land’s intended purpose — to be used in service of the prosperity and security of the American people.

Sec. 2.  Definitions.  For purposes of this order:

(a)  “Data Center Project” means a facility that requires greater than 100 megawatts (MW) of new load dedicated to AI inference, training, simulation, or synthetic data generation.

(b)  “Covered Components” means materials, products, and infrastructure that are required to build Data Center Projects or otherwise upon which Data Center Projects depend, including:

(i)    energy infrastructure, such as transmission lines, natural gas pipelines or laterals, substations, switchyards, transformers, switchgear, and system protective facilities;

(ii)   natural gas turbines, coal power equipment, nuclear power equipment, geothermal power equipment, and any other dispatchable baseload energy sources, including electrical infrastructure (including backup power supply) constructed or otherwise used principally to serve a Data Center Project;

(iii)  semiconductors and semiconductor materials, such as wafers, dies, and packaged integrated circuits;

(iv)   networking equipment, such as switches and routers; and

(v)    data storage, such as hardware storage systems, software for data management and protection, and integrated services that work with public cloud providers.

(c)  “Covered Component Project” means infrastructure comprising Covered Components, or a facility with the primary purposes of manufacturing or otherwise producing Covered Components.

(d)  “Qualifying Project” means:

(i)    a Data Center Project or Covered Component Project for which the Project Sponsor has committed at least $500 million in capital expenditures as determined by the Secretary of Commerce;

(ii)   a Data Center Project or Covered Component Project involving an incremental electric load addition of greater than 100 MW;

(iii)  a Data Center Project or Covered Component Project that protects national security; or

(iv)   a Data Center Project or Covered Component Project that has otherwise been designated by the Secretary of Defense, the Secretary of the Interior, the Secretary of Commerce, or the Secretary of Energy as a “Qualifying Project”.

(e)  “Project Sponsor” means the lead sponsor providing financial and other support for a Data Center Project or Covered Component Project, as determined by the Secretary of Defense, the Secretary of the Interior, the Secretary of Commerce, or the Secretary of Energy, as appropriate.

(f)  “Superfund Site” means any site where action is being taken pursuant to 42 U.S.C. 9604, 9606, or 9620.

(g)  “Brownfield Site” means a site as defined in 42 U.S.C. 9601(39).

Sec.  3.  Encouraging Qualifying Projects.  The Secretary of Commerce, in consultation with the Director of the Office of Science and Technology Policy (OSTP) and other relevant executive departments and agencies (agencies), shall launch an initiative to provide financial support for Qualifying Projects, which could include loans and loan guarantees, grants, tax incentives, and offtake agreements.  All relevant agencies shall identify and submit to the Director of OSTP any such relevant existing financial support that can be used to assist Qualifying Projects, consistent with the protection of national security.

Sec. 4.  Revocation of Executive Order 14141.  Executive Order 14141 of January 14, 2025 (Advancing United States Leadership in Artificial Intelligence Infrastructure), is hereby revoked.

Sec.  5.  Efficient Environmental Reviews.  (a)  Within 10 days of the date of this order, each relevant agency shall identify to the Council on Environmental Quality any categorical exclusions already established or adopted by such agency pursuant to the National Environmental Policy Act (NEPA), reliance on and adoption of which by agencies (pursuant to 42 U.S.C. 4336 and 4336c) could facilitate the construction of Qualifying Projects.

(b)  The Council on Environmental Quality shall coordinate with relevant agencies on the establishment of new categorical exclusions to cover actions related to Qualifying Projects that normally do not have a significant effect on the human environment.  Agencies shall, for purposes of establishing these categorical exclusions, rely on any sufficient basis to do so as each such agency determines.

(c)  Consistent with 42 U.S.C. 4336e(10)(B)(iii), loans, loan guarantees, grants, tax incentives, or other forms of Federal financial assistance for which an agency lacks substantial project-specific control and responsibility over the subsequent use of such financial assistance shall not be considered a “major Federal action” under NEPA.  For purposes of this order, Federal financial assistance representing less than 50 percent of total project costs shall be presumed not to constitute substantial Federal control and responsibility.

Sec.  6.  Efficiency and Transparency Through FAST‑41.  (a)  The Executive Director (Executive Director) of the Federal Permitting Improvement Steering Council (FPISC) may, within 30  days of the date that a project is identified to FPISC by a relevant agency, designate a Qualifying Project as a transparency project pursuant to 42 U.S.C. 4370m-2(b)(2)(A)(iii) and section 41003 of the Fixing America’s Surface Transportation Act (Public Law 114-94, 129 Stat. 1312, 1747) (FAST-41).  Within 30 days of receiving such agency notification, the Executive Director may publish Qualifying Projects on the Permitting Dashboard established under section 41003(b) of FAST-41, including schedules for expedited review.

(b)  In consultation with Project Sponsors, the Executive Director shall expedite the transition of eligible Qualifying Projects from transparency projects to FAST-41 “covered projects” as defined by 42 U.S.C. 4370m(6)(A).  To the extent that a Qualifying Project does not meet the criteria set forth in 42 U.S.C. 4370m(6)(A)(i) or (iii), FPISC may consider all other available options to designate the project a covered project under 42 U.S.C. 4370m(6)(A)(iv).

Sec. 7.  Streamlining of Permitting Review.  (a)  The Administrator of the Environmental Protection Agency shall assist in expediting permitting on Federal and non-Federal lands by developing or modifying regulations promulgated under the Clean Air Act (42 U.S.C. 7401 et seq.); the Clean Water Act (33 U.S.C. 1251 et seq.); the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.); the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); and other relevant applicable laws, in each case, that impact the development of Qualifying Projects.

(b)  The Administrator of the Environmental Protection Agency shall, consistent with the Environmental Protection Agency’s statutory authorities, expeditiously identify Brownfield Sites and Superfund Sites for use by Qualifying Projects.  As part of this effort, within 180 days of the date of this order, the Administrator of the Environmental Protection Agency shall develop guidance to help expedite environmental reviews for qualified reuse and assist State governments and private parties to return such Brownfield Sites and Superfund Sites to productive use as expeditiously as possible.

Sec.  8.  Biological and Water Permitting Efficiencies.  (a)  Upon identification of sites by the Secretary of the Interior and the Secretary of Energy as described in section 9 of this order, the action agency, as identified through the process described in the Endangered Species Act (16 U.S.C. 1531-1544) (ESA), shall initiate consultation under section 7 of the ESA with the Secretary of the Interior, the Secretary of Commerce, or both with respect to common construction activities for Qualifying Projects that will occur over the next 10 years at a programmatic level.  The Secretary of the Interior and the Secretary of Commerce shall utilize programmatic consultation to ensure timely and efficient completion of such consultation.

(b)  Within 180 days of the date of this order, the Secretary of the Army, acting through the Assistant Secretary of the Army for Civil Works, shall review the nationwide permits issued under section 404 of the Clean Water Act of 1972 (33 U.S.C. 1344) and section 10 of the Rivers and Harbors Appropriation Act of 1899 (33 U.S.C. 403) to determine whether an activity-specific nationwide permit is needed to facilitate the efficient permitting of activities related to Qualifying Projects.

Sec. 9.  Federal Lands Availability.  (a)  The Department of the Interior and the Department of Energy shall, after consultation with industry and further in consultation with the Department of Commerce as to the Project Sponsors to which relevant authorizations shall be granted, offer appropriate authorizations for sites identified by the Secretary of the Interior or the Secretary of Energy, as applicable and appropriate for the relevant uses, consistent with 42 U.S.C. 2201, 42 U.S.C. 7256, 43 U.S.C. 1701 et seq., and all other applicable law.

(b)  The Secretary of Defense shall, pursuant to 10 U.S.C. 2667 or other applicable law and as and when the Secretary of Defense deems it necessary or desirable, identify suitable sites on military installations for Covered Component infrastructure uses and competitively lease available lands for Qualifying Projects to support the Department of Defense’s energy, workforce, and mission needs, subject to security and force protection considerations.

Sec. 10.  General Provisions.  (a)   Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d)  The costs for publication of this order shall be borne by the Department of Energy.