[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7378 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7378

   To provide that a request for the deployment or modification of a 
     communications facility entirely within a brownfields site is 
    categorically excluded from the requirement to prepare certain 
           environmental or historical preservation reviews.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2020

 Mr. Walberg 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

_______________________________________________________________________

                                 A BILL


 
   To provide that a request for the deployment or modification of a 
     communications facility entirely within a brownfields site is 
    categorically excluded from the requirement to prepare certain 
           environmental or historical preservation reviews.

    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 ``Brownfields Broadband Deployment 
Act''.

SEC. 2. APPLICATION OF NEPA AND NHPA TO BROWNFIELDS.

    (a) Definitions.--In this section:
            (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 
                service; 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 for the deployment or modification of a communications 
        facility that is to be carried out entirely within a brownfield 
        site (as defined in section 101 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601)).
    (b) NEPA Categorical Exclusion.--
            (1) In general.--A covered project subject to the approval 
        of the Commission shall be categorically excluded from the 
        requirement to prepare an environmental assessment or an 
        environmental impact statement under section 102 of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4332).
            (2) Relation to extraordinary circumstances procedures.--
        The use of the categorical exclusion under paragraph (1) shall 
        not be considered to include extraordinary circumstances under 
        section 220.6 of title 36, Code of Federal Regulations, or 
        section 1508.4 of title 40, Code of Federal Regulations (or any 
        successor to such regulations).
    (c) National Historic Preservation Act Exemption.--A covered 
project for which the Commission is required to issue a permit or that 
is otherwise subject to the jurisdiction of the Commission shall not be 
considered an undertaking under section 300320 of title 54, United 
States Code.
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