[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4741 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 4741
To provide that the Federal Communications Commission and
communications service providers regulated by the Commission under the
Communications Act of 1934 shall not be subject to certain provisions
of the National Environmental Policy Act of 1969 and the National
Historic Preservation Act with respect to the construction, rebuilding,
or hardening of communications facilities following a major disaster or
an emergency declared by the President, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
October 18, 2019
Mr. Olson introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Natural Resources, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
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A BILL
To provide that the Federal Communications Commission and
communications service providers regulated by the Commission under the
Communications Act of 1934 shall not be subject to certain provisions
of the National Environmental Policy Act of 1969 and the National
Historic Preservation Act with respect to the construction, rebuilding,
or hardening of communications facilities following a major disaster or
an emergency declared by the President, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Connecting Communities Post
Disasters Act of 2019''.
SEC. 2. APPLICATION OF NEPA AND NHPA TO COVERED COMMUNICATIONS
PROJECTS.
(a) NEPA Considerations.--The Federal Communications Commission
shall treat covered projects as a class of action categorically
excluded under section 1508.4 of title 40, Code of Federal Regulations
(or successor regulation), from any requirement to prepare an
environmental assessment or environmental impact statement under
section 102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)).
(b) National Historic Preservation Considerations.--Section 306108
of title 54, United States Code, shall not apply with respect to a
covered project for which the Federal Communications Commission is
required to issue a permit or that is otherwise subject to the
jurisdiction of the Federal Communications Commission.
(c) Definitions.--In this Act:
(1) Communications facility.--The term ``communications
facility'' includes--
(A) any wireless or wireline infrastructure for the
transmission of writing, signs, signals, data, images,
pictures, or sounds of all kinds;
(B) any transmitting device, tower, or support
structure, and any equipment, switches, wiring,
cabling, power sources, shelters, or cabinets,
associated with the provision of communications
services; and
(C) any antenna or apparatus that--
(i) is designed for the purpose of emitting
radio frequency;
(ii) is designed to be operated, or is
operating, from a fixed location; and
(iii) is added to a tower, building, or
other structure.
(2) Communications service.--The term ``communications
service'' means a service for the transmission of writing,
signs, signals, data, images, pictures, or sounds of all kinds.
(3) Covered project.--The term ``covered project'' means a
project that--
(A) is to be carried out within an area for which
the President has declared a major disaster or an
emergency under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
(B) is to be carried out not later than 5 years
after the date that the President made such
declaration; and
(C) replaces a communications facility damaged by
such disaster or emergency or makes improvements to a
communications facility in such area that could
reasonably be considered as necessary for recovery from
such disaster or emergency or to prevent or mitigate
future disasters or emergencies.
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