I 
118TH CONGRESS 
1ST SESSION H. R. 3342 
To amend the Communications Act of 1934 to provide that certain projects 
for the placement and installation of communications facilities are not 
subject to requirements to prepare certain environmental or historical 
preservation reviews, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 15, 2023 
Mr. PENCE 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 juris-
diction of the committee concerned 
A BILL 
To amend the Communications Act of 1934 to provide that 
certain projects for the placement and installation of 
communications facilities are not subject to requirements 
to prepare certain environmental or historical preserva-
tion 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 ‘‘Streamlining Permit-
ting to Enable Efficient Deployment for Broadband Infra-
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structure Act of 2023’’ or the ‘‘SPEED for Broadband 
Infrastructure Act of 2023’’. 
SEC. 2. EXEMPTION FROM REVIEW FOR CERTAIN COMMU-
NICATIONS FACILITIES. 
Title I of the Communications Act of 1934 (47 
U.S.C. 151 et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 14. EXEMPTION FROM REVIEW FOR CERTAIN COMMU-
NICATIONS FACILITIES. 
‘‘(a) PERMITTING OF COVERED PROJECTS.— 
‘‘(1) NEPA EXEMPTION.—A Federal authoriza-
tion with respect to a covered project may not be 
considered a major Federal action under section 
102(2)(C) of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4332(2)(C)). 
‘‘(2) NATIONAL HISTORIC PRESERVATION ACT 
EXEMPTION.—A covered project may not be consid-
ered an undertaking under section 300320 of title 
54, United States Code. 
‘‘(3) SAVINGS CLAUSE.—Nothing in this sub-
section may be construed to affect— 
‘‘(A) the obligation of the Commission to 
evaluate radiofrequency exposure under the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); 
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‘‘(B) except as explicitly provided in this 
subsection, the obligation of a provider of a 
communications service to comply with the Na-
tional Environmental Policy Act of 1969 or di-
vision A of subtitle III of title 54, United 
States Code; 
‘‘(C) the authority of a State or local gov-
ernment to apply and enforce the zoning and 
other land use regulations of the State or local 
government to the extent consistent with this 
subsection and sections 253, 332(c)(7), and 
621; or 
‘‘(D) the authority or obligations estab-
lished under section 20156(e) of title 49, 
United States Code. 
‘‘(b) GRANT
OF EASEMENT
ON FEDERAL PROP-
ERTY.— 
‘‘(1) NEPA EXEMPTION.—A Federal authoriza-
tion with respect to a covered easement for a com-
munications facility may not be considered a major 
Federal action under section 102(2)(C) of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)), if a covered easement has previously 
been granted for another communications facility or 
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a utility facility with respect to the same building or 
other property owned by the Federal Government. 
‘‘(2) NATIONAL HISTORIC PRESERVATION ACT 
EXEMPTION.—A covered easement for a communica-
tions facility may not be considered an undertaking 
under section 300320 of title 54, United States 
Code, if a covered easement has previously been 
granted for another communications facility or a 
utility facility with respect to the same building or 
other property owned by the Federal Government. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) ANTENNA.—The term ‘antenna’ means 
communications equipment that transmits or re-
ceives electromagnetic radio frequency signals used 
in the provision of wireless services. 
‘‘(2) COMMUNICATIONS
FACILITY.—The term 
‘communications facility’ has the meaning given the 
term ‘communications facility installation’ in section 
6409(d) of the Middle Class Tax Relief and Job 
Creation Act of 2012 (47 U.S.C. 1455(d)). 
‘‘(3) COVERED EASEMENT.—The term ‘covered 
easement’ means an easement, right-of-way, or lease 
with respect to a building or other property owned 
by the Federal Government, excluding Tribal land 
held in trust by the Federal Government (unless the 
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Tribal Government with respect to such land re-
quests that the Commission not exclude the land for 
purposes of this definition), for the right to install, 
construct, modify, or maintain a communications fa-
cility or a utility facility. 
‘‘(4) COVERED
PROJECT.—The term ‘covered 
project’ means the placement and installation of a 
new communications facility if— 
‘‘(A) such new facility— 
‘‘(i) will be located within a public 
right-of-way; and 
‘‘(ii) is not more than 50 feet tall or 
10 feet taller than any existing structure 
in the public right-of-way, whichever is 
higher; 
‘‘(B) such new facility is— 
‘‘(i) a replacement for an existing 
communications facility; and 
‘‘(ii) the same as, or substantially 
similar to (as such term is defined by the 
Commission), the existing communications 
facility that such new communications fa-
cility is replacing; 
‘‘(C) such new facility is a type of commu-
nications facility that— 
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