116th CONGRESS 2d Session |
To provide that an eligible facilities request under section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 is categorically excluded from the requirement to prepare certain environmental or historical preservation reviews.
June 25, 2020
Mr. Carter of Georgia 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
To provide that an eligible facilities request under section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 is categorically excluded from the requirement to prepare certain environmental or historical preservation reviews.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Proportional Reviews for Broadband Deployment Act”.
SEC. 2. Application of NEPA and NHPA to wireless facilities deployment.
Section 6409(a)(3) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(a)) is amended to read as follows:
“(3) APPLICATION OF NEPA; NHPA.—
“(A) NEPA CATEGORICAL EXCLUSION.—
“(i) IN GENERAL.—An eligible facilities request shall be categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
“(ii) RELATION TO EXTRAORDINARY CIRCUMSTANCES PROCEDURES.—The use of the categorical exclusion under clause (i) shall not be considered to include extraordinary circumstances under section 220.6 of title 36, Code of Federal Regulations, or section 1508.4 of title 40, Code of Federal Regulations (or any successor to those regulations).
“(B) NATIONAL HISTORIC PRESERVATION ACT EXEMPTION.—An eligible facilities request shall not be considered an undertaking under section 300320 of title 54, United States Code.”.