I 
116TH CONGRESS 
2D SESSION 
H. R. 7378 
To provide that a request for the deployment or modification of a communica-
tions facility entirely within a brownfields site is categorically excluded 
from the requirement to prepare certain environmental or historical pres-
ervation reviews. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 25, 2020 
Mr. WALBERG 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 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. 
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 ‘‘Brownfields 
Broadband Deployment Act’’. 
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SEC. 
2. 
APPLICATION 
OF 
NEPA 
AND 
NHPA 
TO 
BROWNFIELDS. 
(a) DEFINITIONS.—In this section: 
(1) COMMUNICATIONS
FACILITY.—The term 
‘‘communications facility’’ includes— 
(A) any wireless or wireline infrastructure 
for the transmission of writing, signs, signals, 
data, images, pictures, or sounds of all kinds; 
(B) any transmitting device, tower, or sup-
port structure, and any equipment, switches, 
wiring, cabling, power sources, shelters, or cabi-
nets, associated with the provision of commu-
nications service; and 
(C) any antenna or apparatus that— 
(i) is designed for the purpose of 
emitting radio frequency; 
(ii) is designed to be operated, or is 
operating, from a fixed location; and 
(iii) is added to a tower, building, or 
other structure. 
(2) COMMUNICATIONS
SERVICE.—The term 
‘‘communications service’’ means a service for the 
transmission of writing, signs, signals, data, images, 
pictures, or sounds of all kinds. 
(3) COVERED
PROJECT.—The term ‘‘covered 
project’’ means a project for the deployment or 
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modification of a communications facility that is to 
be carried out entirely within a brownfield site (as 
defined in section 101 of the Comprehensive Envi-
ronmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601)). 
(b) NEPA CATEGORICAL EXCLUSION.— 
(1) IN GENERAL.—A covered project subject to 
the approval of the Commission shall be categorically 
excluded from the requirement to prepare an envi-
ronmental assessment or an environmental impact 
statement under section 102 of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4332). 
(2) 
RELATION
TO
EXTRAORDINARY
CIR-
CUMSTANCES
PROCEDURES.—The use of the cat-
egorical exclusion under paragraph (1) shall not be 
considered to include extraordinary circumstances 
under section 220.6 of title 36, Code of Federal 
Regulations, or section 1508.4 of title 40, Code of 
Federal Regulations (or any successor to such regu-
lations). 
(c) NATIONAL HISTORIC PRESERVATION ACT EX-
EMPTION.—A covered project for which the Commission 
is required to issue a permit or that is otherwise subject 
to the jurisdiction of the Commission shall not be consid-
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ered an undertaking under section 300320 of title 54, 
United States Code. 
Æ 
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