II 

117TH CONGRESS 

1ST SESSION S. 835 

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 SENATE OF THE UNITED STATES 

MARCH 18, 2021 

Mrs. BLACKBURN introduced the following bill; which was read twice and 

referred to the Committee on Environment and Public Works 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Connecting Commu3 nities Post Disasters Act of 2021’’. 

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

5 COMMUNICATIONS PROJECTS. 

6 (a) DEFINITIONS.—In this section: 

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

8 means the Federal Communications Commission. 

9 (2) COMMUNICATIONS FACILITY.—The term 

10 ‘‘communications facility’’ includes— 

11 (A) any wireless or wireline infrastructure 

12 for the transmission of writing, signs, signals, 

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

14 (B) any transmitting device, tower, or sup15 port structure, and any equipment, switches, 

16 wiring, cabling, power sources, shelters, or cabi17 nets, associated with the provision of commu18 nications services; and 

19 (C) any antenna or apparatus that— 

20 (i) is designed for the purpose of 

21 emitting radio frequency; 

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

23 operating, from a fixed location; and 

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

25 other structure. 


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1 (3) COMMUNICATIONS SERVICE.—The term 

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

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

4 pictures, or sounds of all kinds. 

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

6 project’’ means a project that— 

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

8 which the President has declared a major dis9 aster or an emergency under the Robert T. 

10 Stafford Disaster Relief and Emergency Assist11 ance Act (42 U.S.C. 5121 et seq.); 

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

13 years after the date on which the President 

14 made the declaration; and 

15 (C)(i) replaces a communications facility 

16 damaged by the disaster or emergency; or 

17 (ii) makes improvements to a communica18 tions facility— 

19 (I) that could reasonably be consid20 ered as necessary for recovery from the 

21 disaster or emergency; or 

22 (II) to prevent or mitigate damage to 

23 the communications facility from a future 

24 disaster or emergency. 


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1 (b) NEPA CONSIDERATIONS.—The Commission shall 

2 treat a covered project as a class of action categorically 

3 excluded from any requirement to prepare an environ4 mental assessment or environmental impact statement 

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

6 Policy Act of 1969 (42 U.S.C. 4332(2)(C)) in accordance 

7 with section 1501.4 of title 40, Code of Federal Regula8 tions (or a successor regulation). 

9 (c) NATIONAL HISTORIC PRESERVATION CONSIDER10 ATIONS.—Section 306108 of title 54, United States Code, 

11 shall not apply with respect to a covered project— 

12 (1) for which the Commission is required to 

13 issue a permit; or 

14 (2) that is otherwise subject to the jurisdiction 

15 of the Commission. 

Æ 


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