I 118th CONGRESS 1st Session H. R. 4141 IN THE HOUSE OF REPRESENTATIVES June 15, 2023 Mr. Fulcher 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 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.

1. Application of NEPA and NHPA to certain communications projects (a) In general (1) NEPA exemption A Federal authorization 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 considered an undertaking under section 300320 of title 54, United States Code. (b) Grant of easement on Federal property (1) NEPA exemption A Federal authorization with respect to a covered easement for a communications facility 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) ), if— (A) 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; or (B) the covered easement is for a communications facility in a public right-of-way. (2) National Historic Preservation Act exemption A covered easement for a communications 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 building or other property owned by the Federal Government; or (B) the covered easement is for a communications facility in a public right-of-way. (c) Requests for modification of certain existing wireless facilities 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 authorization with respect to an eligible 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) ). (B) National Historic Preservation Act exemption An eligible facilities request may not be considered an undertaking under section 300320 of title 54, United States Code. (C) Federal authorization defined In this paragraph, the term Federal authorization — (i) means any authorization required under Federal law with respect to an eligible 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 facilities request. . 2. Presumption with respect to certain complete 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 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 ascertain whether historic properties of religious or cultural significance to such Indian Tribe may be affected 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 overcome a presumption under subsection (a) upon making, to the Commission or a court of competent jurisdiction, a favorable demonstration with respect to 1 or more of the factors described in paragraph (2). (2) Factors considered In making a determination regarding a presumption under subsection (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 applicable 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 rules of the Commission, or FCC Form 620 or FCC Form 621, are found to be in violation of a Nationwide Programmatic Agreement of the Commission. 3. Rule of construction Nothing in this Act or any amendment made by this Act may be construed to affect the obligation of the Commission to evaluate radiofrequency exposure under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). 4. Definitions In this Act: (1) Chief Executive The term Chief Executive means the person who is the Chief, Chairman, Governor, President, or similar executive official 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 section 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 install, construct, modify, or maintain a communications 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 with another personal wireless service facility that exists at the time at which a request for authorization of such mounting or installation is submitted to a State or local government or instrumentality thereof or to an Indian tribal government; or (II) the modification of a personal wireless service facility; and (ii) for which a permit, license, or approval 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 telecommunications service facility in or on eligible support infrastructure; and (ii) for which a permit, license, or approval 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— (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 approval 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 Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 )); and (ii) for which a permit, license, or approval from the Commission is required or that is otherwise subject to the jurisdiction of the Commission. (F) A project to permanently remove covered communications equipment or services (as defined in section 9 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1608 )) and to replace such covered communications equipment or services with communications equipment or services (as defined in such section) that are not covered communications 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 Governor 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 President, 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 prevent or mitigate any future disaster or emergency. (H) A project for the placement and installation 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), the existing communications facility that such new communications facility is replacing; (iii) such new facility is a type of communications 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 (II) meets the size limitation of a small antenna established by the Commission; or (iv) the placement and installation of such new facility involves the expansion of the site of an existing communications facility not more than 30 feet in any direction. (6) Eligible support infrastructure The term eligible support infrastructure means infrastructure 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 government or instrumentality thereof, or to an Indian tribal government, for authorization to place, construct, or modify a telecommunications service facility 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 Assistance Act ( 42 U.S.C. 5191 ); and (B) in the case of an emergency declared 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 an emergency exists (or makes a similar declaration) under State or Tribal law (as the case may be). (8) Federal authorization The term Federal authorization — (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 authorizations, 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 Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 ). (12) Major disaster The term major disaster means— (A) in the case of a major disaster declared by the President, a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); and (B) in the case of a major disaster declared 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 disaster exists (or makes a similar declaration) under State or Tribal law (as the case may be). (13) Personal wireless service The term personal wireless service means any fixed or mobile service (other than a broadcasting (as defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 )) service) provided via licensed or unlicensed frequencies, including— (A) commercial mobile service (as defined in section 332(d) of the Communications Act of 1934 ( 47 U.S.C. 332(d) )); (B) commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1401 )); (C) unlicensed wireless service; and (D) common carrier wireless exchange access service. (14) Personal wireless service facility The term personal wireless service facility means a facility used to provide or support the provision of personal wireless service. (15) Public right-of-way The term public right-of-way — (A) means— (i) the area on, below, or above a public 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 Interstate System (as such term is defined in section 101(a) of title 23, United States Code). (16) Small personal wireless service facility The term small personal wireless service facility means a personal wireless service facility in which each antenna is not more than 3 cubic feet in volume (excluding a wireline backhaul facility connected to such personal wireless service facility). (17) State The term State means each State of the United States, the District of Columbia, and each territory or possession of the United States. (18) Telecommunications service The term telecommunications service has the meaning given such term in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ). (19) Telecommunications service facility The term telecommunications service facility — (A) means a facility that is designed or used to provide or facilitate the provision of any interstate or intrastate telecommunications service; and (B) includes a facility described in subparagraph (A) that is used to provide other services. (20) Unlicensed wireless service The term unlicensed wireless service — (A) means the offering of telecommunications service or information service (as defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 )) using a duly authorized device that does not require an individual license; and (B) does not include the provision of direct-to-home satellite services (as defined in section 303(v) of the Communications Act of 1934 ( 47 U.S.C. 303(v) )). (21) Utility facility The term utility facility means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, 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. (22) Wireline backhaul facility The term wireline backhaul facility means an above-ground or underground wireline facility used to transport communications service or other electronic communications from a small personal wireless service facility or its adjacent network interface device to a communications network.