[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3323 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3323

  To provide that the deployment of a small personal wireless service 
      facility is not subject to requirements to prepare certain 
    environmental or historical preservation reviews, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2023

  Mr. Hudson 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 the deployment of a small personal wireless service 
      facility is not subject to requirements to prepare certain 
    environmental or historical preservation reviews, 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 ``Reducing Antiquated Permitting for 
Infrastructure Deployment Act'' or the ``RAPID Act''.

SEC. 2. EXEMPTIONS FOR SMALL PERSONAL WIRELESS SERVICE FACILITIES.

    (a) NEPA Exemption.--A Federal authorization with respect to a 
project to deploy a small personal wireless service facility 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 project to 
deploy a small personal wireless service facility may not be considered 
an undertaking under section 300320 of title 54, United States Code.

SEC. 3. PRESUMPTION WITH RESPECT TO CERTAIN COMPLETE FCC FORMS.

    (a) Presumption.--If an Indian Tribe is shown to have received a 
complete FCC Form 620 or FCC Form 621 (or any successor form), or can 
be reasonably expected to have received a complete FCC Form 620 or FCC 
Form 621 (or any successor form), and has not acted on a request 
contained in such complete form by the date that is 45 days after the 
date of such receipt or reasonably expected receipt--
            (1) the Commission and a court of competent jurisdiction 
        (as the case may be) shall presume the applicant with respect 
        to such complete form has made a good faith effort to provide 
        the information reasonably necessary for such Indian Tribe to 
        ascertain whether historic properties of religious or cultural 
        significance to such Indian Tribe may be affected by the 
        undertaking related to such complete form; and
            (2) such Indian Tribe shall be presumed to have disclaimed 
        interest in such undertaking.
    (b) Overcoming Presumption.--
            (1) In general.--An Indian Tribe may overcome a presumption 
        under subsection (a) upon making, to the Commission or a court 
        of competent jurisdiction, a favorable demonstration with 
        respect to 1 or more of the factors described in paragraph (2).
            (2) Factors considered.--In making a determination 
        regarding a presumption under subsection (a), the Commission or 
        court of competent jurisdiction shall give substantial weight 
        to--
                    (A) whether the applicant with respect to the 
                relevant complete form failed to make a reasonable 
                attempt to follow up with the applicable Indian Tribe 
                not earlier than 30 days, and not later than 50 days, 
                after the applicant submitted a complete FCC Form 620 
                or FCC Form 621 (as the case may be) to such Indian 
                Tribe; and
                    (B) whether the rules of the Commission, or FCC 
                Form 620 or FCC Form 621, are found to be in violation 
                of a Nationwide Programmatic Agreement of the 
                Commission.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (2) Federal authorization.--The term ``Federal 
        authorization''--
                    (A) means any authorization required under Federal 
                law with respect to a 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 project.
            (3) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 102 of the 
        Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
        5130).
            (4) Personal wireless service.--The term ``personal 
        wireless service''--
                    (A) means any service described in section 
                332(c)(7)(C)(i) of the Communications Act of 1934 (47 
                U.S.C. 332(c)(7)(C)(i)); and
                    (B) includes commercial mobile data service (as 
                defined in section 6001 of the Middle Class Tax Relief 
                and Job Creation Act of 2012 (47 U.S.C. 1401)).
            (5) Personal wireless service facility.--The term 
        ``personal wireless service facility'' means a facility for the 
        provision of personal wireless service.
            (6) Small personal wireless service facility.--The term 
        ``small personal wireless service facility''--
                    (A) means a personal wireless service facility with 
                respect to which each antenna is not more than 3 cubic 
                feet in volume; and
                    (B) does not include a wireline backhaul facility.
            (7) Wireline backhaul facility.--The term ``wireline 
        backhaul facility'' means an above-ground or underground 
        wireline facility used to transport communications service or 
        other electronic communications from a small personal wireless 
        service facility or its adjacent network interface device to a 
        communications network.
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