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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3342 Introduced in House (IH)]
<DOC>
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.''.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Communications and Technology.
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