I 
119TH CONGRESS 
1ST SESSION H. R. 6503 
To provide that certain communications projects are not subject to require-
ments to prepare certain environmental or historical preservation reviews, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 9, 2025 
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 provide that certain communications projects are 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 ‘‘Broadband for Ameri-
cans through Responsible Streamlining (BARS) Act’’. 
SEC. 2. APPLICATION OF NEPA AND NHPA TO CERTAIN 
COMMUNICATIONS PROJECTS. 
(a) IN GENERAL.— 
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(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. 
(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) a covered easement has previously been 
granted for another communications facility or 
a utility facility with respect to the same build-
ing or other property owned by the Federal 
Government; or 
(B) the covered easement is for a commu-
nications facility in a public right-of-way. 
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(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) a covered easement has previously been 
granted for another communications facility or 
a utility facility with respect to the same build-
ing or other property owned by the Federal 
Government; or 
(B) the covered easement is for a commu-
nications facility in a public right-of-way. 
(c) REQUESTS FOR MODIFICATION OF CERTAIN EX-
ISTING WIRELESS AND WIRELINE COMMUNICATIONS FA-
CILITIES.—Section 6409(a)(3) of the Middle Class Tax 
Relief and Job Creation Act of 2012 (47 U.S.C. 
1455(a)(3)) is amended to read as follows: 
‘‘(3) APPLICATION OF NEPA; NHPA.— 
‘‘(A) NEPA EXEMPTION.—A Federal au-
thorization with respect to an eligible facilities 
request or an eligible wireline communications 
facilities request 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)). 
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‘‘(B) NATIONAL HISTORIC PRESERVATION 
ACT EXEMPTION.—An eligible facilities request 
or an eligible wireline communications facilities 
request may not be considered an undertaking 
under section 300320 of title 54, United States 
Code. 
‘‘(C) 
FEDERAL
AUTHORIZATION
DE-
FINED.—In this paragraph, the term ‘Federal 
authorization’— 
‘‘(i) means any authorization required 
under Federal law with respect to an eligi-
ble facilities request or an eligible wireline 
communications facilities request; and 
‘‘(ii) includes any permits, special use 
authorizations, certifications, opinions, or 
other approvals as may be required under 
Federal law with respect to an eligible fa-
cilities request or an eligible wireline com-
munications facilities request.’’. 
SEC. 3. PRESUMPTION WITH RESPECT TO CERTAIN COM-
PLETE FCC FORMS. 
(a) PRESUMPTION.—With respect to a project that 
is an undertaking under section 300320 of title 54, United 
States Code, as determined by the Commission, if an In-
dian Tribe is shown to have received a complete FCC 
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Form 620 or FCC Form 621 (or any successor form), or 
can be reasonably expected 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-
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-
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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 
(B) whether the regulations of the Com-
mission, or FCC Form 620 or FCC Form 621, 
are found to be in violation of a Nationwide 
Programmatic Agreement of the Commission. 
SEC. 4. RULE OF CONSTRUCTION. 
Nothing in this Act or any amendment made by this 
Act may be construed to affect the obligation of the Com-
mission to evaluate radiofrequency exposure under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
SEC. 5. DEFINITIONS. 
In this Act: 
(1) CHIEF EXECUTIVE.—The term ‘‘Chief Ex-
ecutive’’ means the person who is the Chief, Chair-
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man, Governor, President, or similar executive offi-
cial of an Indian tribal government. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(3) COMMUNICATIONS
FACILITY.—The term 
‘‘communications facility’’ has the meaning given the 
term ‘‘communications facility installation’’ in sec-
tion 6409(d) of the Middle Class Tax Relief and Job 
Creation Act of 2012 (47 U.S.C. 1455(d)). 
(4) 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 
Indian tribal government with respect to such land 
requests that the Commission not exclude the land 
for purposes of this definition), for the right to in-
stall, construct, modify, or maintain a communica-
tions facility or a utility facility. 
(5) COVERED
PROJECT.—The term ‘‘covered 
project’’ means any of the following: 
(A) A project— 
(i) for— 
(I) the mounting or installation 
of a personal wireless service facility 
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with another personal wireless service 
facility that exists at the time at 
which a request for authorization of 
such mounting or installation is sub-
mitted to a State or local government 
or instrumentality thereof or to an In-
dian tribal government; or 
(II) the modification of a per-
sonal wireless service facility; and 
(ii) for which a permit, license, or ap-
proval from the Commission is required or 
that is otherwise subject to the jurisdiction 
of the Commission. 
(B) A project— 
(i) for the placement, construction, or 
modification of a facility for communica-
tion by wire in or on eligible support infra-
structure; and 
(ii) for which a permit, license, or ap-
proval from the Commission is required or 
that is otherwise subject to the jurisdiction 
of the Commission. 
(C) A project to deploy a small personal 
wireless service facility. 
(D) A project— 
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(i) for the deployment or modification 
of a communications facility that is to be 
carried out entirely within a floodplain (as 
defined in section 9.4 of title 44, Code of 
Federal Regulations, as in effect on the 
date of the enactment of this Act); and 
(ii) for which a permit, license, or ap-
proval from the Commission is required or 
that is otherwise subject to the jurisdiction 
of the Commission. 
(E) A project— 
(i) for the deployment or modification 
of a communications facility that is to be 
carried out entirely within a brownfield site 
(as defined in section 101 of the Com-
prehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 
U.S.C. 9601)); and 
(ii) for which a permit, license, or ap-
proval from the Commission is required or 
that is otherwise subject to the jurisdiction 
of the Commission. 
(F) A project to permanently remove cov-
ered communications equipment or services (as 
defined in section 9 of the Secure and Trusted 
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Communications Networks Act of 2019 (47 
U.S.C. 1608)) and to replace such covered com-
munications equipment or services with commu-
nications equipment or services (as defined in 
such section) that are not covered communica-
tions equipment or services (as so defined). 
(G) A project that— 
(i) is to be carried out entirely within 
an area for which the President, the Gov-
ernor of a State, or the Chief Executive of 
an Indian tribal government has declared a 
major disaster or an emergency; 
(ii) is to be carried out not later than 
5 years after the date on which the Presi-
dent, Governor, or Chief Executive made 
such declaration; and 
(iii) replaces a communications facility 
damaged by such disaster or emergency or 
makes improvements to a communications 
facility in such area that could reasonably 
be considered as necessary for recovery 
from such disaster or emergency or to pre-
vent or mitigate any future disaster or 
emergency. 
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(H) A project for the placement and instal-
lation of a new communications facility if— 
(i) 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; 
(ii) 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 by regulation), the 
existing communications facility that 
such new communications facility is 
replacing; 
(iii) such new facility is a type of com-
munications facility that— 
(I) 
is 
described 
in 
section 
6409(d)(1)(B) of the Middle Class 
Tax Relief and Job Creation Act of 
2012 (47 U.S.C. 1455(d)(1)(B)); and 
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(II) meets the size limitation of a 
small antenna established by the Com-
mission; or 
(iv) the placement and installation of 
such new facility involves the expansion of 
the site of an existing communications fa-
cility not more than 30 feet in any direc-
tion. 
(I) A project for the placement, construc-
tion, or modification of a personal wireless serv-
ice facility on an existing tower, building, or 
structure. 
(J) A project for the placement, construc-
tion, or modification of a communications facil-
ity— 
(i) for which the placement, construc-
tion, or modification is undertaken pursu-
ant to a geographic area license that has 
been issued by the Commission or is sub-
ject to licensing by rule; and 
(ii) with respect to which filing in the 
antenna structure registration system of 
the Commission is not required. 
(6) ELIGIBLE
SUPPORT
INFRASTRUCTURE.— 
The term ‘‘eligible support infrastructure’’ means in-
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frastructure that supports or houses a facility for 
communication by wire (or that is designed for or 
capable of supporting or housing such a facility) at 
the time when a request to a State or local govern-
ment or instrumentality thereof, or to an Indian 
tribal government, for authorization to place, con-
struct, or modify a facility for communication by 
wire in or on the infrastructure is submitted to the 
government or instrumentality. 
(7) 
EMERGENCY.—The 
term 
‘‘emergency’’ 
means— 
(A) in the case of an emergency declared 
by the President, an emergency declared by the 
President under section 501 of the Robert T. 
Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5191); and 
(B) in the case of an emergency declared 
by the Governor of a State or the Chief Execu-
tive of an Indian tribal government, any occa-
sion or instance with respect to which the Gov-
ernor or Chief Executive declares that an emer-
gency exists (or makes a similar declaration) 
under State or Tribal law (as the case may be). 
(8) 
FEDERAL
AUTHORIZATION.—The 
term 
‘‘Federal authorization’’— 
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(A) means any authorization required 
under Federal law with respect to a covered 
project or a covered easement; 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 covered project or a covered 
easement. 
(9) GOVERNOR.—The term ‘‘Governor’’ means 
the chief executive of any State. 
(10) INDIAN TRIBAL GOVERNMENT.—The term 
‘‘Indian tribal government’’ means the governing 
body of an Indian Tribe. 
(11) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term ‘‘Indian tribe’’ 
under section 102 of the Federally Recognized In-
dian Tribe List Act of 1994 (25 U.S.C. 5130). 
(12) MAJOR DISASTER.—The term ‘‘major dis-
aster’’ means— 
(A) in the case of a major disaster de-
clared by the President, a major disaster de-
clared by the President under section 401 of 
the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170); 
and 
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(B) in the case of a major disaster de-
clared by the Governor of a State or the Chief 
Executive of an Indian tribal government, any 
occasion or instance with respect to which the 
Governor or Chief Executive declares that a dis-
aster exists (or makes a similar declaration) 
under State or Tribal law (as the case may be). 
(13) PERSONAL
WIRELESS
SERVICE
FACIL-
ITY.—The term ‘‘personal wireless service facility’’ 
has the meaning given such term in subparagraph 
(G) of section 332(c)(7) of the Communications Act 
of 1934 (47 U.S.C. 332(c)(7)), as amended by this 
Act. 
(14) PUBLIC RIGHT-OF-WAY.—The term ‘‘pub-
lic right-of-way’’— 
(A) means— 
(i) the area on, below, or above a pub-
lic roadway, highway, street, sidewalk, 
alley, or similar property (whether cur-
rently 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 
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(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). 
(15) SMALL PERSONAL WIRELESS SERVICE FA-
CILITY.—The term ‘‘small personal wireless service 
facility’’ has the meaning given such term in sub-
paragraph (G) of section 332(c)(7) of the Commu-
nications Act of 1934 (47 U.S.C. 332(c)(7)), as 
amended by this Act. 
(16) STATE.—The term ‘‘State’’ means each 
State of the United States, the District of Columbia, 
and each territory or possession of the United 
States. 
(17) UTILITY FACILITY.—The term ‘‘utility fa-
cility’’ means any privately, publicly, or cooperatively 
owned line, facility, or system for producing, trans-
mitting, or distributing power, electricity, light, heat, 
gas, oil, crude products, water, steam, waste, storm 
water not connected with highway drainage, or any 
other similar commodity, including any fire or police 
signal system or street lighting system, that directly 
or indirectly serves the public. 
Æ 
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