I 
118TH CONGRESS 
1ST SESSION H. R. 3323 
To provide that the deployment of a small personal wireless service facility 
is not subject to requirements to prepare certain environmental or histor-
ical preservation reviews, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 15, 2023 
Mr. HUDSON introduced the following bill; which was referred to the Com-
mittee 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 deployment of a small personal wireless 
service facility is 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Reducing Antiquated 
Permitting for Infrastructure Deployment Act’’ or the 
‘‘RAPID Act’’. 
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SEC. 2. EXEMPTIONS FOR SMALL PERSONAL WIRELESS 
SERVICE FACILITIES. 
(a) NEPA EXEMPTION.—A Federal authorization 
with respect to a project to deploy a small personal wire-
less service facility may not be considered a major Federal 
action under section 102(2)(C) of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 
(b) NATIONAL HISTORIC PRESERVATION ACT EX-
EMPTION.—A project to deploy a small personal wireless 
service facility may not be considered an undertaking 
under section 300320 of title 54, United States Code. 
SEC. 3. PRESUMPTION WITH RESPECT TO CERTAIN COM-
PLETE FCC FORMS. 
(a) PRESUMPTION.—If an Indian Tribe is shown to 
have received a complete FCC Form 620 or FCC Form 
621 (or any successor form), or can be reasonably ex-
pected to have received a complete FCC Form 620 or FCC 
Form 621 (or any successor form), and has not acted on 
a request contained in such complete form by the date that 
is 45 days after the date of such receipt or reasonably 
expected receipt— 
(1) the Commission and a court of competent 
jurisdiction (as the case may be) shall presume the 
applicant with respect to such complete form has 
made a good faith effort to provide the information 
reasonably necessary for such Indian Tribe to ascer-
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tain whether historic properties of religious or cul-
tural significance to such Indian Tribe may be af-
fected by the undertaking related to such complete 
form; and 
(2) such Indian Tribe shall be presumed to 
have disclaimed interest in such undertaking. 
(b) OVERCOMING PRESUMPTION.— 
(1) IN GENERAL.—An Indian Tribe may over-
come a presumption under subsection (a) upon mak-
ing, to the Commission or a court of competent ju-
risdiction, a favorable demonstration with respect to 
1 or more of the factors described in paragraph (2). 
(2) FACTORS CONSIDERED.—In making a de-
termination regarding a presumption under sub-
section (a), the Commission or court of competent 
jurisdiction shall give substantial weight to— 
(A) whether the applicant with respect to 
the relevant complete form failed to make a 
reasonable attempt to follow up with the appli-
cable Indian Tribe not earlier than 30 days, 
and not later than 50 days, after the applicant 
submitted a complete FCC Form 620 or FCC 
Form 621 (as the case may be) to such Indian 
Tribe; and 
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(B) whether the rules of the Commission, 
or FCC Form 620 or FCC Form 621, are 
found to be in violation of a Nationwide Pro-
grammatic Agreement of the Commission. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(2) 
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 au-
thorizations, certifications, opinions, or other 
approvals as may be required under Federal law 
with respect to a project. 
(3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term ‘‘Indian tribe’’ in 
section 102 of the Federally Recognized Indian 
Tribe List Act of 1994 (25 U.S.C. 5130). 
(4) PERSONAL WIRELESS SERVICE.—The term 
‘‘personal wireless service’’— 
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(A) means any service described in section 
332(c)(7)(C)(i) of the Communications Act of 
1934 (47 U.S.C. 332(c)(7)(C)(i)); and 
(B) includes commercial mobile data serv-
ice (as defined in section 6001 of the Middle 
Class Tax Relief and Job Creation Act of 2012 
(47 U.S.C. 1401)). 
(5) PERSONAL WIRELESS SERVICE FACILITY.— 
The term ‘‘personal wireless service facility’’ means 
a facility for the provision of personal wireless serv-
ice. 
(6) SMALL PERSONAL WIRELESS SERVICE FA-
CILITY.—The term ‘‘small personal wireless service 
facility’’— 
(A) means a personal wireless service facil-
ity with respect to which each antenna is not 
more than 3 cubic feet in volume; and 
(B) does not include a wireline backhaul 
facility. 
(7) WIRELINE BACKHAUL FACILITY.—The term 
‘‘wireline backhaul facility’’ means an above-ground 
or underground wireline facility used to transport 
communications service or other electronic commu-
nications from a small personal wireless service facil-
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ity or its adjacent network interface device to a com-
munications network. 
Æ 
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