[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3342 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3342

    To amend the Communications Act of 1934 to provide that certain 
     projects for the placement and installation of communications 
     facilities are 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. Pence 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 amend the Communications Act of 1934 to provide that certain 
     projects for the placement and installation of communications 
     facilities are 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 ``Streamlining Permitting to Enable 
Efficient Deployment for Broadband Infrastructure Act of 2023'' or the 
``SPEED for Broadband Infrastructure Act of 2023''.

SEC. 2. EXEMPTION FROM REVIEW FOR CERTAIN COMMUNICATIONS FACILITIES.

    Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) 
is amended by adding at the end the following:

``SEC. 14. EXEMPTION FROM REVIEW FOR CERTAIN COMMUNICATIONS FACILITIES.

    ``(a) Permitting of Covered Projects.--
            ``(1) 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)).
            ``(2) National historic preservation act exemption.--A 
        covered project may not be considered an undertaking under 
        section 300320 of title 54, United States Code.
            ``(3) Savings clause.--Nothing in this subsection may be 
        construed to affect--
                    ``(A) the obligation of the Commission to evaluate 
                radiofrequency exposure under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.);
                    ``(B) except as explicitly provided in this 
                subsection, the obligation of a provider of a 
                communications service to comply with the National 
                Environmental Policy Act of 1969 or division A of 
                subtitle III of title 54, United States Code;
                    ``(C) the authority of a State or local government 
                to apply and enforce the zoning and other land use 
                regulations of the State or local government to the 
                extent consistent with this subsection and sections 
                253, 332(c)(7), and 621; or
                    ``(D) the authority or obligations established 
                under section 20156(e) of title 49, United States Code.
    ``(b) Grant of Easement on Federal Property.--
            ``(1) NEPA exemption.--A Federal authorization with respect 
        to a covered easement for a communications 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)), if a covered easement has previously been granted 
        for another communications facility or a utility facility with 
        respect to the same building or other property owned by the 
        Federal Government.
            ``(2) National historic preservation act exemption.--A 
        covered easement for a communications facility may not be 
        considered an undertaking under section 300320 of title 54, 
        United States Code, if a covered easement has previously been 
        granted for another communications facility or a utility 
        facility with respect to the same building or other property 
        owned by the Federal Government.
    ``(c) Definitions.--In this section:
            ``(1) Antenna.--The term `antenna' means communications 
        equipment that transmits or receives electromagnetic radio 
        frequency signals used in the provision of wireless services.
            ``(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 easement.--The term `covered easement' means 
        an easement, right-of-way, or lease with respect to a building 
        or other property owned by the Federal Government, excluding 
        Tribal land held in trust by the Federal Government (unless the 
        Tribal Government with respect to such land requests that the 
        Commission not exclude the land for purposes of this 
        definition), for the right to install, construct, modify, or 
        maintain a communications facility or a utility facility.
            ``(4) Covered project.--The term `covered project' means 
        the placement and installation of a new communications facility 
        if--
                    ``(A) such new facility--
                            ``(i) will be located within a public 
                        right-of-way; and
                            ``(ii) is not more than 50 feet tall or 10 
                        feet taller than any existing structure in the 
                        public right-of-way, whichever is higher;
                    ``(B) such new facility is--
                            ``(i) a replacement for an existing 
                        communications facility; and
                            ``(ii) the same as, or substantially 
                        similar to (as such term is defined by the 
                        Commission), the existing communications 
                        facility that such new communications facility 
                        is replacing;
                    ``(C) such new facility is a type of communications 
                facility that--
                            ``(i) is described in section 6409(d)(1)(B) 
                        of the Middle Class Tax Relief and Job Creation 
                        Act of 2012 (47 U.S.C. 1455(d)(1)(B)); and
                            ``(ii) meets the size limitation of a small 
                        antenna established by the Commission; or
                    ``(D) the placement and installation of such new 
                facility involves the expansion of the site of an 
                existing communications facility not more than 30 feet 
                in any direction.
            ``(5) 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.
            ``(6) Public right-of-way.--The term `public right-of-
        way'--
                    ``(A) means--
                            ``(i) the area on, below, or above a public 
                        roadway, highway, street, sidewalk, alley, or 
                        similar property; and
                            ``(ii) any land immediately adjacent to and 
                        contiguous with property described in clause 
                        (i) that is within the right-of-way grant; and
                    ``(B) does not include a portion of the Interstate 
                System (as such term is defined in section 101(a) of 
                title 23, United States Code).
            ``(7) Utility facility.--The term `utility facility' means 
        any privately, publicly, or cooperatively owned line, facility, 
        or system for producing, transmitting, or distributing power, 
        electricity, light, heat, gas, oil, crude products, water, 
        steam, waste, storm water not connected with highway drainage, 
        or any other similar commodity, including any fire or police 
        signal system or street lighting system, that directly or 
        indirectly serves the public.
            ``(8) Wireless service.--The term `wireless service' means 
        the transmission by radio communication of voice, video, or 
        data communications services, including Internet Protocol or 
        any successor protocol-enabled services, or any combination of 
        those services, whether provided on a licensed or permitted 
        unlicensed basis.''.
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