I 
118TH CONGRESS 
1ST SESSION H. R. 3297 
To ensure that certain broadband projects 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. FULCHER 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 ensure that certain broadband projects are not subject 
to requirements to prepare certain environmental or his-
torical 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 Barriers for 
Broadband on Federal Lands Act of 2023’’. 
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SEC. 
2. 
EXEMPTIONS 
FOR 
CERTAIN 
BROADBAND 
PROJECTS. 
(a) NEPA EXEMPTION.—The issuance of a Federal 
authorization with respect to a broadband project carried 
out in a right-of-way may not be considered a major Fed-
eral action under section 102(2)(C) of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 
(b) NATIONAL HISTORIC PRESERVATION ACT EX-
EMPTION.—A broadband project carried out in a right- 
of-way may not be considered an undertaking under sec-
tion 300320 of title 54, United States Code. 
(c) DEFINITIONS.—In this section: 
(1) 
BROADBAND
PROJECT.—The 
term 
‘‘broadband project’’ means an installation, by a 
broadband provider on Federal land, of wireline or 
wireless broadband infrastructure that enables a 
user to originate and receive high-quality voice, data, 
graphics, and video telecommunications, including 
copper lines, fiber optic lines, communications tow-
ers, buildings, or other improvements. 
(2) 
BROADBAND
PROVIDER.—The 
term 
‘‘broadband provider’’ means a provider of wireline 
or wireless broadband infrastructure that enables a 
user to originate and receive high-quality voice, data, 
graphics, and video telecommunications. 
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(3) 
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. 
(4) 
RIGHT-OF-WAY.—The 
term 
‘‘right-of- 
way’’— 
(A) means— 
(i) the area on, below, or above a 
roadway, highway, street, sidewalk, alley, 
or similar property (whether currently or 
previously used in such manner); and 
(ii) any land immediately adjacent to 
and contiguous with property described in 
clause (i) that is within the right-of-way 
grant; and 
(B) does not include a portion of the Inter-
state System (as such term is defined in section 
101(a) of title 23, United States Code). 
Æ 
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