HR6503-119

What This Bill Does

The Broadband for Americans through Responsible Streamlining Act narrows federal environmental and historic-preservation review for specified communications projects. Covered projects and certain covered easements for communications facilities are not treated as major federal actions under NEPA or undertakings under the National Historic Preservation Act. The bill also rewrites section 6409(a)(3) so federal authorizations for eligible wireless or wireline facilities requests are not major federal actions, and the requests are not NHPA undertakings. Covered easements include rights to install, construct, modify, or maintain communications facilities on federal buildings or property, excluding tribal trust land unless the tribal government requests inclusion. Section 3 addresses FCC Form 620 and 621 tribal review: if an Indian Tribe receives or can reasonably be expected to have received a complete form and does not act within 45 days, the FCC or a court must presume the applicant made a good-faith effort to provide necessary information and that the Tribe disclaimed interest. A Tribe can overcome that presumption, and the FCC or court must give substantial weight to whether the applicant followed up between 30 and 50 days and whether FCC rules or forms violate a nationwide programmatic agreement. The bill preserves the FCC obligation to evaluate radiofrequency exposure under NEPA and defines communications facility, covered easement, covered project, eligible facilities request, eligible wireline request, Indian Tribe, and public right-of-way.

Who Benefits and How

Broadband infrastructure developers benefit because many collocations, replacements, wireline additions, and communications easements can avoid NEPA and NHPA review triggers. Wireless carriers and wireline providers benefit from faster approvals for eligible facilities requests and covered easements. Federal permitting agencies benefit from reduced review duties for covered authorizations. Consumers in underserved areas may benefit if deployment moves faster. Applicants benefit from a predictable 45-day tribal-response presumption for complete FCC Form 620 or 621 submissions.

Who Bears the Burden and How

Indian tribal governments bear the main procedural burden because failure to act within 45 days can create a presumption that they disclaimed interest in an undertaking, although they can overcome the presumption. Communities seeking environmental or historic-preservation review may have fewer review opportunities for covered communications projects. FCC staff and courts must apply the presumption, follow-up factors, and nationwide programmatic agreement considerations. Communications applicants still must handle radiofrequency exposure review and meet the bill definitions for covered projects or easements.

Key Provisions

• Provides NEPA and NHPA exemptions for covered communications projects and eligible facilities requests.
• Provides similar exemptions for covered easements on federal property or public rights-of-way.
• Creates a 45-day presumption that a Tribe disclaimed interest after receiving complete FCC Form 620 or 621 materials.
• Allows Tribes to overcome the presumption and requires weight for applicant follow-up and nationwide programmatic agreement issues.
• Preserves FCC radiofrequency exposure review under NEPA.
• Defines communications facility, covered easement, covered project, eligible facilities request, eligible wireline request, Indian Tribe, and public right-of-way.