,i #aaith ,,congress #ast ,session ,h4 ,r4 #fejc ,,in ,,the ,,house ,,of ,,representatives ,december #i1 #bjbe,mr4 ,fulcher introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,natural ,resources1 for a period to be subsequently determined by the ,speaker1 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 reviews1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,broadband for ,americans through ,responsible ,streamlining 7,,bars7 ,act4 #b4 ,application of ,,nepa and ,,nhpa to certain communications projects 7a7 ,in general 7#a7 ,,nepa exemption ,a ,federal authorization with respect to a covered project may not be considered a major ,federal action under section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 7#b7 ,national ,historic ,preservation ,act exemption ,a covered project may not be considered an undertaking under section #cjjcbj of title #ed1 ,united ,states ,code4 7b7 ,grant of easement on ,federal property 7#a7 ,,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 #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c771 if-- 7,a7 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 ,government2 or 7,b7 the covered easement is for a communications facility in a public right-of-way4 7#b7 ,national ,historic ,preservation ,act exemption ,a covered easement for a communications facility may not be considered an undertaking under section #cjjcbj of title #ed1 ,united ,states ,code1 if-- 7,a7 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 ,government2 or 7,b7 the covered easement is for a communications facility in a public right-of-way4 7c7 ,requests for modification of certain existing wireless and wireline communications facilities ,section #fdji7;a77#c7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7;a77#c77 is amended to read as follows3 7#c7 ,application of ,,nepa2 ,,nhpa 7,a7 ,,nepa exemption ,a ,federal authorization with respect to an eligible facilities request or an eligible wireline communications facilities request may not be considered a major ,federal action under section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 7,b7 ,national ,historic ,preservation ,act exemption ,an eligible facilities request or an eligible wireline communications facilities request may not be considered an undertaking under section #cjjcbj of title #ed1 ,united ,states ,code4 7,c7 ,federal authorization defined ,in this paragraph1 the term ,federal authorization-- 7i7 means any authorization required under ,federal law with respect to an eligible facilities request or an eligible wireline communications facilities request2 and 7ii7 includes any permits1 special use authorizations1 certifications1 opinions1 or other approvals as may be required under ,federal law with respect to an eligible facilities request or an eligible wireline communications facilities request4 4 #c4 ,presumption with respect to certain complete ,,fcc forms 7a7 ,presumption ,with respect to a project that is an undertaking under section #cjjcbj of title #ed1 ,united ,states ,code1 as determined by the ,commission1 if an ,indian ,tribe is shown to have received a complete ,,fcc ,form #fbj or ,,fcc ,form #fba 7or any successor form71 or can be reasonably expected to have received a complete ,,fcc ,form #fbj or ,,fcc ,form #fba 7or any successor form71 and has not acted on a request contained in such complete form by the date that is #de days after the date of such receipt or reasonably expected receipt-- 7#a7 the ,commission and a court of competent jurisdiction 7as the case may be7 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 form2 and 7#b7 such ,indian ,tribe shall be presumed to have disclaimed interest in such undertaking4 7b7 ,overcoming presumption 7#a7 ,in general ,an ,indian ,tribe may overcome a presumption under subsection 7a7 upon making1 to the ,commission or a court of competent jurisdiction1 a favorable demonstration with respect to #a or more of the factors described in paragraph 7#b74 7#b7 ,factors considered ,in making a determination regarding a presumption under subsection 7a71 the ,commission or court of competent jurisdiction shall give substantial weight to-- 7,a7 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 #cj days1 and not later than #ej days1 after the applicant submitted a complete ,,fcc ,form #fbj or ,,fcc ,form #fba 7as the case may be7 to such ,indian ,tribe2 and 7,b7 whether the regulations of the ,commission1 or ,,fcc ,form #fbj or ,,fcc ,form #fba1 are found to be in violation of a ,nationwide ,programmatic ,agreement of the ,commission4 #d4 ,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 #aifi 7#db ,u4,s4,c4 #dcba et seq474 #e4 ,definitions ,in this ,act3 7#a7 ,chief ,executive ,the term ,chief ,executive means the person who is the ,chief1 ,chairman1 ,governor1 ,president1 or similar executive official of an ,indian tribal government4 7#b7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#c7 ,communications facility ,the term communications facility has the meaning given the term communications facility installation in section #fdji7;d7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7;d774 7#d7 ,covered easement ,the term covered easement means an easement1 right-of-way1 or lease with respect to a building or other property owned by the ,federal ,government1 excluding ,tribal land held in trust by the ,federal ,government 7unless the ,indian tribal government with respect to such land requests that the ,commission not exclude the land for purposes of this definition71 for the right to install1 construct1 modify1 or maintain a communications facility or a utility facility4 7#e7 ,covered project ,the term covered project means any of the following3 7,a7 ,a project-- 7i7 for-- 7,i7 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 government2 or 7,,ii7 the modification of a personal wireless service facility2 and 7ii7 for which a permit1 license1 or approval from the ,commission is required or that is otherwise subject to the jurisdiction of the ,commission4 7,b7 ,a project-- 7i7 for the placement1 construction1 or modification of a facility for communication by wire in or on eligible support infrastructure2 and 7ii7 for which a permit1 license1 or approval from the ,commission is required or that is otherwise subject to the jurisdiction of the ,commission4 7,c7 ,a project to deploy a small personal wireless service facility4 7,d7 ,a project-- 7i7 for the deployment or modification of a communications facility that is to be carried out entirely within a floodplain 7as defined in section #i4d of title #dd1 ,code of ,federal ,regulations1 as in effect on the date of the enactment of this ,act72 and 7ii7 for which a permit1 license1 or approval from the ,commission is required or that is otherwise subject to the jurisdiction of the ,commission4 7,e7 ,a project-- 7i7 for the deployment or modification of a communications facility that is to be carried out entirely within a brownfield site 7as defined in section #aja of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja772 and 7ii7 for which a permit1 license1 or approval from the ,commission is required or that is otherwise subject to the jurisdiction of the ,commission4 7,f7 ,a project to permanently remove covered communications equipment or services 7as defined in section #i of the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afjh77 and to replace such covered communications equipment or services with communications equipment or services 7as defined in such section7 that are not covered communications equipment or services 7as so defined74 7,g7 ,a project that-- 7i7 is to be carried out entirely within an area for which the ,president1 the ,governor of a ,state1 or the ,chief ,executive of an ,indian tribal government has declared a major disaster or an emergency2 7ii7 is to be carried out not later than #e years after the date on which the ,president1 ,governor1 or ,chief ,executive made such declaration2 and 7iii7 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 emergency4 7,h7 ,a project for the placement and installation of a new communications facility if-- 7i7 such new facility-- 7,i7 will be located within a public right-of-way2 and 7,,ii7 is not more than #ej feet tall or #aj feet taller than any existing structure in the public right-of-way1 whichever is higher2 7ii7 such new facility is-- 7,i7 a replacement for an existing communications facility2 and 7,,ii7 the same as1 or substantially similar to 7as such term is defined by the ,commission by regulation71 the existing communications facility that such new communications facility is replacing2 7iii7 such new facility is a type of communications facility that-- 7,i7 is described in section #fdji7;d77#a77;,b7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7;d77#a77;,b772 and 7,,ii7 meets the size limitation of a small antenna established by the ,commission2 or 7iv7 the placement and installation of such new facility involves the expansion of the site of an existing communications facility not more than #cj feet in any direction4 7,i7 ,a project for the placement1 construction1 or modification of a personal wireless service facility on an existing tower1 building1 or structure4 7,j7 ,a project for the placement1 construction1 or modification of a communications facility-- 7i7 for which the placement1 construction1 or modification is undertaken pursuant to a geographic area license that has been issued by the ,commission or is subject to licensing by rule2 and 7ii7 with respect to which filing in the antenna structure registration system of the ,commission is not required4 7#f7 ,eligible support infrastructure ,the term eligible support infrastructure means infrastructure that supports or houses a facility for communication by wire 7or that is designed for or capable of supporting or housing such a facility7 at the time when a request to a ,state or local government or instrumentality thereof1 or to an ,indian tribal government1 for authorization to place1 construct1 or modify a facility for communication by wire in or on the infrastructure is submitted to the government or instrumentality4 7#g7 ,emergency ,the term emergency means-- 7,a7 in the case of an emergency declared by the ,president1 an emergency declared by the ,president under section #eja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaia72 and 7,b7 in the case of an emergency declared by the ,governor of a ,state or the ,chief ,executive of an ,indian tribal government1 any occasion or instance with respect to which the ,governor or ,chief ,executive declares that an emergency exists 7or makes a similar declaration7 under ,state or ,tribal law 7as the case may be74 7#h7 ,federal authorization ,the term ,federal authorization-- 7,a7 means any authorization required under ,federal law with respect to a covered project or a covered easement2 and 7,b7 includes any permits1 special use authorizations1 certifications1 opinions1 or other approvals as may be required under ,federal law with respect to a covered project or a covered easement4 7#i7 ,governor ,the term ,governor means the chief executive of any ,state4 7#aj7 ,indian tribal government ,the term ,indian tribal government means the governing body of an ,indian ,tribe4 7#aa7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe under section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eacj74 7#ab7 ,major disaster ,the term major disaster means-- 7,a7 in the case of a major disaster declared by the ,president1 a major disaster declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj72 and 7,b7 in the case of a major disaster declared by the ,governor of a ,state or the ,chief ,executive of an ,indian tribal government1 any occasion or instance with respect to which the ,governor or ,chief ,executive declares that a disaster exists 7or makes a similar declaration7 under ,state or ,tribal law 7as the case may be74 7#ac7 ,personal wireless service facility ,the term personal wireless service facility has the meaning given such term in subparagraph 7,g7 of section #ccb7;c77#g7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ccb7;c77#g771 as amended by this ,act4 7#ad7 ,public right-of-way ,the term public right-of-way-- 7,a7 means-- 7i7 the area on1 below1 or above a public roadway1 highway1 street1 sidewalk1 alley1 or similar property 7whether currently or previously used in such manner72 and 7ii7 any land immediately adjacent to and contiguous with property described in clause 7i7 that is within the right-of-way grant2 and 7,b7 does not include a portion of the ,interstate ,system 7as such term is defined in section #aja7;a7 of title #bc1 ,united ,states ,code74 7#ae7 ,small personal wireless service facility ,the term small personal wireless service facility has the meaning given such term in subparagraph 7,g7 of section #ccb7;c77#g7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ccb7;c77#g771 as amended by this ,act4 7#af7 ,state ,the term ,state means each ,state of the ,united ,states1 the ,district of ,columbia1 and each territory or possession of the ,united ,states4 7#ag7 ,utility facility ,the term utility facility means any privately1 publicly1 or cooperatively owned line1 facility1 or system for producing1 transmitting1 or distributing power1 electricity1 light1 heat1 gas1 oil1 crude products1 water1 steam1 waste1 storm water not connected with highway drainage1 or any other similar commodity1 including any fire or police signal system or street lighting system1 that directly or indirectly serves the public4