Connecting Communities Post Disasters Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2645 To provide that the Federal Communications Commission and communications service providers regulated by the Commission under the Communications Act of 1934 shall not be subject to certain provisions of the National Environmental Policy Act of 1969 and the National Historic Preservation Act with respect to the construction, rebuilding, or hardening of commu- nications facilities following a major disaster or an emergency declared by the President, and for other purposes. IN THE SENATE OF THE UNITED STATES OCTOBER 17, 2019 Mrs. BLACKBURN (for herself, Mr. TILLIS, and Mr. PERDUE) introduced the following bill; which was read twice and referred to the Committee on En- vironment and Public Works A BILL To provide that the Federal Communications Commission and communications service providers regulated by the Commission under the Communications Act of 1934 shall not be subject to certain provisions of the National Envi- ronmental Policy Act of 1969 and the National Historic Preservation Act with respect to the construction, re- building, or hardening of communications facilities fol- lowing a major disaster or an emergency declared by the President, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 04:18 Oct 24, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2645.IS S2645 dlhill on DSKBBY8HB2PROD with BILLS 2 •S 2645 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Connecting Commu- 2 nities Post Disasters Act of 2019’’. 3 SEC. 2. APPLICATION OF NEPA AND NHPA TO COVERED 4 COMMUNICATIONS PROJECTS. 5 (a) DEFINITIONS.—In this Act: 6 (1) COMMISSION.—The term ‘‘Commission’’ 7 means the Federal Communications Commission. 8 (2) COMMUNICATIONS FACILITY.—The term 9 ‘‘communications facility’’ includes— 10 (A) any wireless or wireline infrastructure 11 for the transmission of writing, signs, signals, 12 data, images, pictures, or sounds of all kinds; 13 (B) any transmitting device, tower, or sup- 14 port structure, and any equipment, switches, 15 wiring, cabling, power sources, shelters, or cabi- 16 nets, associated with the provision of commu- 17 nications services; and 18 (C) any antenna or apparatus that— 19 (i) is designed for the purpose of 20 emitting radio frequency; 21 (ii) is designed to be operated, or is 22 operating, from a fixed location; and 23 (iii) is added to a tower, building, or 24 other structure. 25 VerDate Sep 11 2014 04:18 Oct 24, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2645.IS S2645 dlhill on DSKBBY8HB2PROD with BILLS 3 •S 2645 IS (3) COMMUNICATIONS SERVICE.—The term 1 ‘‘communications service’’ means a service for the 2 transmission of writing, signs, signals, data, images, 3 pictures, or sounds of all kinds. 4 (4) COVERED PROJECT.—The term ‘‘covered 5 project’’ means a project that— 6 (A) is to be carried out within an area for 7 which the President has declared a major dis- 8 aster or an emergency under the Robert T. 9 Stafford Disaster Relief and Emergency Assist- 10 ance Act (42 U.S.C. 5121 et seq.); 11 (B) is to be carried out not later than 5 12 years after the date on which the President 13 made the declaration; and 14 (C)(i) replaces a communications facility 15 damaged by the disaster or emergency; or 16 (ii) makes improvements to a communica- 17 tions facility— 18 (I) that could reasonably be consid- 19 ered as necessary for recovery from the 20 disaster or emergency; or 21 (II) to prevent or mitigate damage to 22 the communications facility from a future 23 disaster or emergency. 24 VerDate Sep 11 2014 04:18 Oct 24, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2645.IS S2645 dlhill on DSKBBY8HB2PROD with BILLS 4 •S 2645 IS (b) NEPA CONSIDERATIONS.—The Commission shall 1 treat a covered project as a class of action categorically 2 excluded under section 1508.4 of title 40, Code of Federal 3 Regulations (or a successor regulation), from any require- 4 ment to prepare an environmental assessment or environ- 5 mental impact statement under section 102(2)(C) of the 6 National Environmental Policy Act of 1969 (42 U.S.C. 7 4332(2)(C)). 8 (c) NATIONAL HISTORIC PRESERVATION CONSIDER- 9 ATIONS.—Section 306108 of title 54, United States Code, 10 shall not apply with respect to a covered project— 11 (1) for which the Commission is required to 12 issue a permit; or 13 (2) that is otherwise subject to the jurisdiction 14 of the Commission. 15 Æ VerDate Sep 11 2014 04:18 Oct 24, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S2645.IS S2645 dlhill on DSKBBY8HB2PROD with BILLS