I 

116TH CONGRESS 

2D SESSION H. R. 7378 

To provide that a request for the deployment or modification of a communications facility entirely within a brownfields site is categorically excluded 

from the requirement to prepare certain environmental or historical preservation reviews. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 25, 2020 

Mr. WALBERG 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 a request for the deployment or modification 

of a communications facility entirely within a brownfields 

site is categorically excluded from the requirement to 

prepare certain environmental or historical preservation 

reviews. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Brownfields 

5 Broadband Deployment Act’’. 


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1 SEC. 2. APPLICATION OF NEPA AND NHPA TO 

2 BROWNFIELDS. 

3 (a) DEFINITIONS.—In this section: 

4 (1) COMMUNICATIONS FACILITY.—The term 

5 ‘‘communications facility’’ includes— 

6 (A) any wireless or wireline infrastructure 

7 for the transmission of writing, signs, signals, 

8 data, images, pictures, or sounds of all kinds; 

9 (B) any transmitting device, tower, or sup10 port structure, and any equipment, switches, 

11 wiring, cabling, power sources, shelters, or cabi12 nets, associated with the provision of commu13 nications service; and 

14 (C) any antenna or apparatus that— 

15 (i) is designed for the purpose of 

16 emitting radio frequency; 

17 (ii) is designed to be operated, or is 

18 operating, from a fixed location; and 

19 (iii) is added to a tower, building, or 

20 other structure. 

21 (2) COMMUNICATIONS SERVICE.—The term 

22 ‘‘communications service’’ means a service for the 

23 transmission of writing, signs, signals, data, images, 

24 pictures, or sounds of all kinds. 

25 (3) COVERED PROJECT.—The term ‘‘covered 

26 project’’ means a project for the deployment or 


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1 modification of a communications facility that is to 

2 be carried out entirely within a brownfield site (as 

3 defined in section 101 of the Comprehensive Envi4 ronmental Response, Compensation, and Liability 

5 Act of 1980 (42 U.S.C. 9601)). 

6 (b) NEPA CATEGORICAL EXCLUSION.— 

7 (1) IN GENERAL.—A covered project subject to 

8 the approval of the Commission shall be categorically 

9 excluded from the requirement to prepare an envi10 ronmental assessment or an environmental impact 

11 statement under section 102 of the National Envi12 ronmental Policy Act of 1969 (42 U.S.C. 4332). 

13 (2) RELATION TO EXTRAORDINARY CIR14 CUMSTANCES PROCEDURES.—The use of the cat15 egorical exclusion under paragraph (1) shall not be 

16 considered to include extraordinary circumstances 

17 under section 220.6 of title 36, Code of Federal 

18 Regulations, or section 1508.4 of title 40, Code of 

19 Federal Regulations (or any successor to such regu20 lations). 

21 (c) NATIONAL HISTORIC PRESERVATION ACT EX22 EMPTION.—A covered project for which the Commission 

23 is required to issue a permit or that is otherwise subject 

24 to the jurisdiction of the Commission shall not be considVerDate Sep 11 2014 21:50 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7378.IH H7378

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1 ered an undertaking under section 300320 of title 54, 

2 United States Code. 

Æ 


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