Brownfields Broadband Deployment Act

I 116TH CONGRESS 2D SESSION H. R. 7378 To provide that a request for the deployment or modification of a communica- tions facility entirely within a brownfields site is categorically excluded from the requirement to prepare certain environmental or historical pres- ervation reviews. IN THE HOUSE OF REPRESENTATIVES JUNE 25, 2020 Mr. WALBERG introduced the following bill; which was referred to the Com- mittee 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 A BILL To provide that a request for the deployment or modification of a communications facility entirely within a brownfields site is categorically excluded from the requirement to prepare certain environmental or historical preservation reviews. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Brownfields 4 Broadband Deployment Act’’. 5 VerDate Sep 11 2014 21:50 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7378.IH H7378 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7378 IH SEC. 2. APPLICATION OF NEPA AND NHPA TO 1 BROWNFIELDS. 2 (a) DEFINITIONS.—In this section: 3 (1) COMMUNICATIONS FACILITY.—The term 4 ‘‘communications facility’’ includes— 5 (A) any wireless or wireline infrastructure 6 for the transmission of writing, signs, signals, 7 data, images, pictures, or sounds of all kinds; 8 (B) any transmitting device, tower, or sup- 9 port structure, and any equipment, switches, 10 wiring, cabling, power sources, shelters, or cabi- 11 nets, associated with the provision of commu- 12 nications service; and 13 (C) any antenna or apparatus that— 14 (i) is designed for the purpose of 15 emitting radio frequency; 16 (ii) is designed to be operated, or is 17 operating, from a fixed location; and 18 (iii) is added to a tower, building, or 19 other structure. 20 (2) COMMUNICATIONS SERVICE.—The term 21 ‘‘communications service’’ means a service for the 22 transmission of writing, signs, signals, data, images, 23 pictures, or sounds of all kinds. 24 (3) COVERED PROJECT.—The term ‘‘covered 25 project’’ means a project for the deployment or 26 VerDate Sep 11 2014 21:50 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7378.IH H7378 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7378 IH modification of a communications facility that is to 1 be carried out entirely within a brownfield site (as 2 defined in section 101 of the Comprehensive Envi- 3 ronmental Response, Compensation, and Liability 4 Act of 1980 (42 U.S.C. 9601)). 5 (b) NEPA CATEGORICAL EXCLUSION.— 6 (1) IN GENERAL.—A covered project subject to 7 the approval of the Commission shall be categorically 8 excluded from the requirement to prepare an envi- 9 ronmental assessment or an environmental impact 10 statement under section 102 of the National Envi- 11 ronmental Policy Act of 1969 (42 U.S.C. 4332). 12 (2) RELATION TO EXTRAORDINARY CIR- 13 CUMSTANCES PROCEDURES.—The use of the cat- 14 egorical exclusion under paragraph (1) shall not be 15 considered to include extraordinary circumstances 16 under section 220.6 of title 36, Code of Federal 17 Regulations, or section 1508.4 of title 40, Code of 18 Federal Regulations (or any successor to such regu- 19 lations). 20 (c) NATIONAL HISTORIC PRESERVATION ACT EX- 21 EMPTION.—A covered project for which the Commission 22 is required to issue a permit or that is otherwise subject 23 to the jurisdiction of the Commission shall not be consid- 24 VerDate Sep 11 2014 21:50 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7378.IH H7378 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7378 IH ered an undertaking under section 300320 of title 54, 1 United States Code. 2 Æ VerDate Sep 11 2014 21:50 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H7378.IH H7378 pbinns on DSKJLVW7X2PROD with BILLS