[Congressional Record Volume 167, Number 138 (Tuesday, August 3, 2021)]
[Senate]
[Page S5738]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2326. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema 
(for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place in division F, insert the 
     following:

     SEC. ___. 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 
     under section 1508.4 of title 40, Code of Federal Regulations 
     (or a successor regulation), 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)).
       (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.
                                 ______