[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 835 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 835

       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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 18, 2021

Mrs. Blackburn introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 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 2021''.

SEC. 2. APPLICATION OF NEPA AND NHPA TO COVERED COMMUNICATIONS 
              PROJECTS.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (2) 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.
            (3) Communications service.--The term ``communications 
        service'' means a service for the transmission of writing, 
        signs, signals, data, images, pictures, or sounds of all kinds.
            (4) 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 on which the President made the 
                declaration; and
                    (C)(i) replaces a communications facility damaged 
                by the disaster or emergency; or
                    (ii) makes improvements to a communications 
                facility--
                            (I) that could reasonably be considered as 
                        necessary for recovery from the disaster or 
                        emergency; or
                            (II) to prevent or mitigate damage to the 
                        communications facility from a future disaster 
                        or emergency.
    (b) NEPA Considerations.--The Commission shall treat a covered 
project as a class of action categorically excluded 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)) in accordance with section 
1501.4 of title 40, Code of Federal Regulations (or a successor 
regulation).
    (c) National Historic Preservation Considerations.--Section 306108 
of title 54, United States Code, shall not apply with respect to a 
covered project--
            (1) for which the Commission is required to issue a permit; 
        or
            (2) that is otherwise subject to the jurisdiction of the 
        Commission.
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