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118TH CONGRESS
1ST SESSION H. R. 3291
To provide that an eligible facilities request under section 6409(a) of the
Middle Class Tax Relief and Job Creation Act of 2012 is not subject
to requirements to prepare certain environmental or historical preserva-
tion reviews.
IN THE HOUSE OF REPRESENTATIVES
MAY 15, 2023
Mr. CARTER of Georgia (for himself and Mr. MORAN) 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 con-
cerned
A BILL
To provide that an eligible facilities request under section
6409(a) of the Middle Class Tax Relief and Job Creation
Act of 2012 is not subject to requirements to prepare
certain environmental or historical preservation reviews.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Proportional Reviews
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for Broadband Deployment Act’’.
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•HR 3291 IH
SEC. 2. APPLICATION OF NEPA AND NHPA TO WIRELESS
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FACILITIES DEPLOYMENT.
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Section 6409(a)(3) of the Middle Class Tax Relief
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and Job Creation Act of 2012 (47 U.S.C. 1455(a)(3)) is
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amended to read as follows:
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‘‘(3) APPLICATION OF NEPA; NHPA.—
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‘‘(A) NEPA EXEMPTION.—A Federal au-
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thorization with respect to an eligible facilities
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request may not be considered a major Federal
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action under section 102(2)(C) of the National
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Environmental Policy Act of 1969 (42 U.S.C.
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4332(2)(C)).
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‘‘(B) NATIONAL HISTORIC PRESERVATION
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ACT EXEMPTION.—An eligible facilities request
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may not be considered an undertaking under
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section 300320 of title 54, United States Code.
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‘‘(C)
FEDERAL
AUTHORIZATION
DE-
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FINED.—In this paragraph, the term ‘Federal
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authorization’—
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‘‘(i) means any authorization required
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under Federal law with respect to an eligi-
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ble facilities request; and
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‘‘(ii) includes any permits, special use
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authorizations, certifications, opinions, or
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other approvals as may be required under
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•HR 3291 IH
Federal law with respect to an eligible fa-
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cilities request.’’.
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