I 

115TH CONGRESS 

2D SESSION H. R. 4845 

To provide that the Federal Communications Commission and communications 

service providers regulated by the Commission under the Communications 

Act of 1934 shall not be subject to certain provisions of the National 

Environmental Policy Act of 1969 and the National Historic Preservation 

Act with respect to the construction, rebuilding, or hardening of communications facilities following a major disaster or an emergency declared 

by the President, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 19, 2018 

Mr. OLSON 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 the Federal Communications Commission 

and communications service providers regulated by the 

Commission under the Communications Act of 1934 shall 

not be subject to certain provisions of the National Environmental Policy Act of 1969 and the National Historic 

Preservation Act with respect to the construction, rebuilding, or hardening of communications facilities following a major disaster or an emergency declared by 

the President, and for other purposes. 


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•HR 4845 IH

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 ‘‘Connecting Commu5 nities Post Disasters Act of 2018’’. 

6 SEC. 2. APPLICATION OF NEPA AND NHPA TO COVERED 

7 COMMUNICATIONS PROJECTS. 

8 (a) NEPA CONSIDERATIONS.—The Federal Commu9 nications Commission shall treat covered projects as a 

10 class of action categorically excluded under section 1508.4 

11 of title 40, Code of Federal Regulations (or successor reg12 ulation), from any requirement to prepare an environ13 mental assessment or environmental impact statement 

14 under section 102(2)(C) of the National Environmental 

15 Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 

16 (b) NATIONAL HISTORIC PRESERVATION CONSIDER17 ATIONS.—Section 306108 of title 54, United States Code, 

18 shall not apply with respect to a covered project for which 

19 the Federal Communications Commission is required to 

20 issue a permit or that is otherwise subject to the jurisdic21 tion of the Federal Communications Commission. 

22 (c) DEFINITIONS.—In this Act: 

23 (1) COMMUNICATIONS FACILITY.—The term 

24 ‘‘communications facility’’ includes— 


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1 (A) any wireless or wireline infrastructure 

2 for the transmission of writing, signs, signals, 

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

4 (B) any transmitting device, tower, or sup5 port structure, and any equipment, switches, 

6 wiring, cabling, power sources, shelters, or cabi7 nets, associated with the provision of commu8 nications services; and 

9 (C) any antenna or apparatus that— 

10 (i) is designed for the purpose of 

11 emitting radio frequency; 

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

13 operating, from a fixed location; and 

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

15 other structure. 

16 (2) COMMUNICATIONS SERVICE.—The term 

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

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

19 pictures, or sounds of all kinds. 

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

21 project’’ means a project that— 

22 (A) is to be carried out within an area for 

23 which the President has declared a major dis24 aster or an emergency under the Robert T. 


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1 Stafford Disaster Relief and Emergency Assist2 ance Act (42 U.S.C. 5121 et seq.); 

3 (B) is to be carried out not later than 5 

4 years after the date that the President made 

5 such declaration; and 

6 (C) replaces a communications facility 

7 damaged by such disaster or emergency or 

8 makes improvements to a communications facil9 ity in such area that could reasonably be con10 sidered as necessary for recovery from such dis11 aster or emergency or to prevent or mitigate fu12 ture disasters or emergencies. 

Æ 


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