118 HR 3292 IH: Brownfields Broadband Deployment Act U.S. House of Representatives 2023-05-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 3292IN THE HOUSE OF REPRESENTATIVESMay 15, 2023Mr. 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 concernedA BILLTo provide that a project for the deployment or modification of a communications facility entirely within a brownfield site is not subject to requirements to prepare certain environmental or historical preservation reviews.

1.

Short title

This Act may be cited as the Brownfields Broadband Deployment Act.

2.

Application of NEPA and NHPA to brownfields

(a)

NEPA exemption

A Federal authorization with respect to a covered project may not be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).(b)

National Historic Preservation Act exemption

A covered project may not be considered an undertaking under section 300320 of title 54, United States Code.(c)

Definitions

In this section:(1)

Commission

The term Commission means the Federal Communications Commission. (2)

Communications facility

The term communications facility has the meaning given the term communications facility installation in section 6409(d) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(d)).(3)

Covered project

The term covered project means a project—(A)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)); and(B)for which a permit, license, or approval from the Commission is required or that is otherwise subject to the jurisdiction of the Commission.(4)

Federal authorization

The term Federal authorization—(A)means any authorization required under Federal law with respect to a covered project; and(B)includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to a covered project.