[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4141 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 4141

  To provide that certain communications projects are not subject to 
      requirements to prepare certain environmental or historical 
             preservation reviews, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 2023

 Mr. Fulcher 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 certain communications projects 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. APPLICATION OF NEPA AND NHPA TO CERTAIN COMMUNICATIONS 
              PROJECTS.

    (a) In General.--
            (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.
    (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) 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; or
                    (B) the covered easement is for a communications 
                facility in a public right-of-way.
            (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) 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; or
                    (B) the covered easement is for a communications 
                facility in a public right-of-way.
    (c) Requests for Modification of Certain Existing Wireless 
Facilities.--Section 6409(a)(3) of the Middle Class Tax Relief and Job 
Creation Act of 2012 (47 U.S.C. 1455(a)(3)) is amended to read as 
follows:
            ``(3) Application of nepa; nhpa.--
                    ``(A) NEPA exemption.--A Federal authorization with 
                respect to an eligible facilities request 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.--An eligible facilities request may not be 
                considered an undertaking under section 300320 of title 
                54, United States Code.
                    ``(C) Federal authorization defined.--In this 
                paragraph, the term `Federal authorization'--
                            ``(i) means any authorization required 
                        under Federal law with respect to an eligible 
                        facilities request; and
                            ``(ii) includes any permits, special use 
                        authorizations, certifications, opinions, or 
                        other approvals as may be required under 
                        Federal law with respect to an eligible 
                        facilities request.''.

SEC. 2. 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. 3. RULE OF CONSTRUCTION.

    Nothing in this Act or any amendment made by this Act may be 
construed to affect the obligation of the Commission to evaluate 
radiofrequency exposure under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Chief executive.--The term ``Chief Executive'' means 
        the person who is the Chief, Chairman, Governor, President, or 
        similar executive official of an Indian tribal government.
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (3) 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)).
            (4) 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 
        Indian 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.
            (5) Covered project.--The term ``covered project'' means 
        any of the following:
                    (A) A project--
                            (i) for--
                                    (I) the mounting or installation of 
                                a personal wireless service facility 
                                with another personal wireless service 
                                facility that exists at the time at 
                                which a request for authorization of 
                                such mounting or installation is 
                                submitted to a State or local 
                                government or instrumentality thereof 
                                or to an Indian tribal government; or
                                    (II) the modification of a personal 
                                wireless service facility; and
                            (ii) for which a permit, license, or 
                        approval from the Commission is required or 
                        that is otherwise subject to the jurisdiction 
                        of the Commission.
                    (B) A project--
                            (i) for the placement, construction, or 
                        modification of a telecommunications service 
                        facility in or on eligible support 
                        infrastructure; and
                            (ii) for which a permit, license, or 
                        approval from the Commission is required or 
                        that is otherwise subject to the jurisdiction 
                        of the Commission.
                    (C) A project to deploy a small personal wireless 
                service facility.
                    (D) A project--
                            (i) for the deployment or modification of a 
                        communications facility that is to be carried 
                        out entirely within a floodplain (as defined in 
                        section 9.4 of title 44, Code of Federal 
                        Regulations, as in effect on the date of the 
                        enactment of this Act); and
                            (ii) for which a permit, license, or 
                        approval from the Commission is required or 
                        that is otherwise subject to the jurisdiction 
                        of the Commission.
                    (E) A project--
                            (i) 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
                            (ii) for which a permit, license, or 
                        approval from the Commission is required or 
                        that is otherwise subject to the jurisdiction 
                        of the Commission.
                    (F) A project to permanently remove covered 
                communications equipment or services (as defined in 
                section 9 of the Secure and Trusted Communications 
                Networks Act of 2019 (47 U.S.C. 1608)) and to replace 
                such covered communications equipment or services with 
                communications equipment or services (as defined in 
                such section) that are not covered communications 
                equipment or services (as so defined).
                    (G) A project that--
                            (i) is to be carried out entirely within an 
                        area for which the President, the Governor of a 
                        State, or the Chief Executive of an Indian 
                        tribal government has declared a major disaster 
                        or an emergency;
                            (ii) is to be carried out not later than 5 
                        years after the date on which the President, 
                        Governor, or Chief Executive made such 
                        declaration; and
                            (iii) replaces a communications facility 
                        damaged by such disaster or emergency or makes 
                        improvements to a communications facility in 
                        such area that could reasonably be considered 
                        as necessary for recovery from such disaster or 
                        emergency or to prevent or mitigate any future 
                        disaster or emergency.
                    (H) A project for the placement and installation of 
                a new communications facility if--
                            (i) 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;
                            (ii) 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;
                            (iii) 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
                            (iv) 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.
            (6) Eligible support infrastructure.--The term ``eligible 
        support infrastructure'' means infrastructure that supports or 
        houses a facility for communication by wire (or that is 
        designed for or capable of supporting or housing such a 
        facility) at the time when a request to a State or local 
        government or instrumentality thereof, or to an Indian tribal 
        government, for authorization to place, construct, or modify a 
        telecommunications service facility in or on the infrastructure 
        is submitted to the government or instrumentality.
            (7) Emergency.--The term ``emergency'' means--
                    (A) in the case of an emergency declared by the 
                President, an emergency declared by the President under 
                section 501 of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5191); and
                    (B) in the case of an emergency declared by the 
                Governor of a State or the Chief Executive of an Indian 
                tribal government, any occasion or instance with 
                respect to which the Governor or Chief Executive 
                declares that an emergency exists (or makes a similar 
                declaration) under State or Tribal law (as the case may 
                be).
            (8) Federal authorization.--The term ``Federal 
        authorization''--
                    (A) means any authorization required under Federal 
                law with respect to a covered project or a covered 
                easement; 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 or a covered easement.
            (9) Governor.--The term ``Governor'' means the chief 
        executive of any State.
            (10) Indian tribal government.--The term ``Indian tribal 
        government'' means the governing body of an Indian Tribe.
            (11) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' under section 102 of 
        the Federally Recognized Indian Tribe List Act of 1994 (25 
        U.S.C. 5130).
            (12) Major disaster.--The term ``major disaster'' means--
                    (A) in the case of a major disaster declared by the 
                President, a major disaster declared by the President 
                under section 401 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5170); 
                and
                    (B) in the case of a major disaster declared by the 
                Governor of a State or the Chief Executive of an Indian 
                tribal government, any occasion or instance with 
                respect to which the Governor or Chief Executive 
                declares that a disaster exists (or makes a similar 
                declaration) under State or Tribal law (as the case may 
                be).
            (13) Personal wireless service.--The term ``personal 
        wireless service'' means any fixed or mobile service (other 
        than a broadcasting (as defined in section 3 of the 
        Communications Act of 1934 (47 U.S.C. 153)) service) provided 
        via licensed or unlicensed frequencies, including--
                    (A) commercial mobile service (as defined in 
                section 332(d) of the Communications Act of 1934 (47 
                U.S.C. 332(d)));
                    (B) 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));
                    (C) unlicensed wireless service; and
                    (D) common carrier wireless exchange access 
                service.
            (14) Personal wireless service facility.--The term 
        ``personal wireless service facility'' means a facility used to 
        provide or support the provision of personal wireless service.
            (15) 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 (whether currently or 
                        previously used in such manner); 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).
            (16) Small personal wireless service facility.--The term 
        ``small personal wireless service facility'' means a personal 
        wireless service facility in which each antenna is not more 
        than 3 cubic feet in volume (excluding a wireline backhaul 
        facility connected to such personal wireless service facility).
            (17) State.--The term ``State'' means each State of the 
        United States, the District of Columbia, and each territory or 
        possession of the United States.
            (18) Telecommunications service.--The term 
        ``telecommunications service'' has the meaning given such term 
        in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
            (19) Telecommunications service facility.--The term 
        ``telecommunications service facility''--
                    (A) means a facility that is designed or used to 
                provide or facilitate the provision of any interstate 
                or intrastate telecommunications service; and
                    (B) includes a facility described in subparagraph 
                (A) that is used to provide other services.
            (20) Unlicensed wireless service.--The term ``unlicensed 
        wireless service''--
                    (A) means the offering of telecommunications 
                service or information service (as defined in section 3 
                of the Communications Act of 1934 (47 U.S.C. 153)) 
                using a duly authorized device that does not require an 
                individual license; and
                    (B) does not include the provision of direct-to-
                home satellite services (as defined in section 303(v) 
                of the Communications Act of 1934 (47 U.S.C. 303(v))).
            (21) 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.
            (22) 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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