I 

117TH CONGRESS 

1ST SESSION H. R. 1039 

To provide that a project for the deployment or modification of a communications facility entirely within a floodplain is not subject to requirements 

to prepare certain environmental or historical preservation reviews. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2021 

Mr. BILIRAKIS 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 project for the deployment or modification 

of a communications facility entirely within a floodplain 

is not subject to requirements 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 ‘‘Coastal Broadband 

5 Deployment Act’’. 


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1 SEC. 2. APPLICATION OF NEPA AND NHPA TO 

2 FLOODPLAINS. 

3 (a) NEPA EXEMPTION.—A covered project shall not 

4 be subject to the requirements of section 102(2)(C) of the 

5 National Environmental Policy Act of 1969 (42 U.S.C. 

6 4332(2)(C)). 

7 (b) NATIONAL HISTORIC PRESERVATION ACT EX8 EMPTION.—A covered project shall not be considered an 

9 undertaking under section 300320 of title 54, United 

10 States Code. 

11 (c) DEFINITIONS.—In this section: 

12 (1) COMMISSION.—The term ‘‘Commission’’ 

13 means the Federal Communications Commission. 

14 (2) COMMUNICATIONS FACILITY.—The term 

15 ‘‘communications facility’’ includes— 

16 (A) any wireless or wireline infrastructure 

17 for the transmission of writing, signs, signals, 

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

19 (B) any transmitting device, tower, or sup20 port structure, and any equipment, switches, 

21 wiring, cabling, power sources, shelters, or cabi22 nets, associated with the provision of commu23 nications service; and 

24 (C) any antenna or apparatus that— 

25 (i) is designed for the purpose of 

26 emitting radio frequency; 


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

2 operating, from a fixed location; and 

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

4 other structure. 

5 (3) COMMUNICATIONS SERVICE.—The term 

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

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

8 pictures, or sounds of all kinds. 

9 (4) COVERED PROJECT.—The term ‘‘covered 

10 project’’ means a project— 

11 (A) for the deployment or modification of 

12 a communications facility that is to be carried 

13 out entirely within a floodplain (as defined in 

14 section 9.4 of title 44, Code of Federal Regula15 tions, as in effect on the date of the enactment 

16 of this Act); and 

17 (B) for which a permit, license, or approval 

18 from the Commission is required or that is oth19 erwise subject to the jurisdiction of the Com20 mission. 

Æ 


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