HR5264-119

2. Exemption from review for certain communications 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: 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)). A covered project may not be considered an undertaking under section 300320 of title 54, United States Code. Nothing in this subsection 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.); except as explicitly provided in this subsection, the obligation of a provider of a communications service to comply with the National Environmental Policy Act of 1969 or division A of subtitle III of title 54, United States Code; the authority of a State or local government 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 the authority or obligations established under section 20156(e) of title 49, United States Code. 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 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. A covered easement for a communications 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. In this section: The term antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. 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)). 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 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. The term covered project means the placement and installation of a new communications facility if— such new facility— will be located within a public right-of-way; and is not more than 50 feet tall or 10 feet taller than any existing structure in the public right-of-way, whichever is higher; such new facility is— a replacement for an existing communications facility; and 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; such new facility is a type of communications facility that— 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 meets the size limitation of a small antenna established by the Commission; or 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. The term Federal authorization— means any authorization required under Federal law with respect to a project; and includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to a project. The term public right-of-way— means— the area on, below, or above a public roadway, highway, street, sidewalk, alley, or similar property; and any land immediately adjacent to and contiguous with property described in clause (i) that is within the right-of-way grant; and does not include a portion of the Interstate System (as such term is defined in section 101(a) of title 23, United States Code). 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. The term wireless service means the transmission by radio communication of voice, video, or data communications services, including Internet Protocol or any successor protocol-enabled services, or any combination of those services, whether provided on a licensed or permitted unlicensed basis. 14.Exemption from review for certain communications facilities(a)Permitting of covered projects(1)NEPA exemptionA 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 exemptionA covered project may not be considered an undertaking under section 300320 of title 54, United States Code.(3)Savings clauseNothing in this subsection may be construed to affect—(A)the obligation of the Commission to evaluate radiofrequency exposure under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);(B)except as explicitly provided in this subsection, the obligation of a provider of a communications service to comply with the National Environmental Policy Act of 1969 or division A of subtitle III of title 54, United States Code;(C)the authority of a State or local government 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 established under section 20156(e) of title 49, United States Code.(b)Grant of easement on Federal property(1)NEPA exemptionA 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 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.(2)National Historic Preservation Act exemptionA covered easement for a communications 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)DefinitionsIn this section:(1)AntennaThe term antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.(2)Communications facilityThe 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 easementThe 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 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.(4)Covered projectThe 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 facility is replacing;(C)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(D)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.(5)Federal authorizationThe term Federal authorization—(A)means any authorization required under Federal law with respect to a project; and(B)includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to a project.(6)Public right-of-wayThe term public right-of-way—(A)means—(i)the area on, below, or above a public roadway, highway, street, sidewalk, alley, or similar property; 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).(7)Utility facilityThe 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.(8)Wireless serviceThe term wireless service means the transmission by radio communication of voice, video, or data communications services, including Internet Protocol or any successor protocol-enabled services, or any combination of those services, whether provided on a licensed or permitted unlicensed basis..

14. Exemption from review for certain communications facilities 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)). A covered project may not be considered an undertaking under section 300320 of title 54, United States Code. Nothing in this subsection 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.); except as explicitly provided in this subsection, the obligation of a provider of a communications service to comply with the National Environmental Policy Act of 1969 or division A of subtitle III of title 54, United States Code; the authority of a State or local government 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 the authority or obligations established under section 20156(e) of title 49, United States Code. 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 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. A covered easement for a communications 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. In this section: The term antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. 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)). 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 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. The term covered project means the placement and installation of a new communications facility if— such new facility— will be located within a public right-of-way; and is not more than 50 feet tall or 10 feet taller than any existing structure in the public right-of-way, whichever is higher; such new facility is— a replacement for an existing communications facility; and 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; such new facility is a type of communications facility that— 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 meets the size limitation of a small antenna established by the Commission; or 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. The term Federal authorization— means any authorization required under Federal law with respect to a project; and includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to a project. The term public right-of-way— means— the area on, below, or above a public roadway, highway, street, sidewalk, alley, or similar property; and any land immediately adjacent to and contiguous with property described in clause (i) that is within the right-of-way grant; and does not include a portion of the Interstate System (as such term is defined in section 101(a) of title 23, United States Code). 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. The term wireless service means the transmission by radio communication of voice, video, or data communications services, including Internet Protocol or any successor protocol-enabled services, or any combination of those services, whether provided on a licensed or permitted unlicensed basis.