Coastal Broadband Deployment Act

I 118TH CONGRESS 1ST SESSION H. R. 3311 To provide that a project for the deployment or modification of a communica- tions facility entirely within a floodplain is not subject to requirements to prepare certain environmental or historical preservation reviews. IN THE HOUSE OF REPRESENTATIVES MAY 15, 2023 Mr. BILIRAKIS (for himself and Mr. DUNN of Florida) introduced the fol- lowing bill; which was referred to the Committee on Energy and Com- merce, and in addition to the Committee on Natural Resources, for a pe- riod to be subsequently determined by the Speaker, in each case for con- sideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To provide that a project for the deployment or modification of a communications facility entirely within a floodplain is not subject to requirements to prepare certain environ- mental 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 ‘‘Coastal Broadband 4 Deployment Act’’. 5 VerDate Sep 11 2014 04:12 May 27, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3311.IH H3311 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3311 IH SEC. 2. APPLICATION OF NEPA AND NHPA TO 1 FLOODPLAINS. 2 (a) NEPA EXEMPTION.—A Federal authorization 3 with respect to a covered project may not be considered 4 a major Federal action under section 102(2)(C) of the Na- 5 tional Environmental Policy Act of 1969 (42 U.S.C. 6 4332(2)(C)). 7 (b) NATIONAL HISTORIC PRESERVATION ACT EX- 8 EMPTION.—A covered project may not be considered an 9 undertaking under section 300320 of title 54, United 10 States Code. 11 (c) DEFINITIONS.—In this section: 12 (1) COMMISSION.—The term ‘‘Commission’’ 13 means the Federal Communications Commission. 14 (2) COMMUNICATIONS FACILITY.—The term 15 ‘‘communications facility’’ has the meaning given the 16 term ‘‘communications facility installation’’ in sec- 17 tion 6409(d) of the Middle Class Tax Relief and Job 18 Creation Act of 2012 (47 U.S.C. 1455(d)). 19 (3) COVERED PROJECT.—The term ‘‘covered 20 project’’ means a project— 21 (A) for the deployment or modification of 22 a communications facility that is to be carried 23 out entirely within a floodplain (as defined in 24 section 9.4 of title 44, Code of Federal Regula- 25 VerDate Sep 11 2014 04:12 May 27, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3311.IH H3311 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3311 IH tions, as in effect on the date of the enactment 1 of this Act); and 2 (B) for which a permit, license, or approval 3 from the Commission is required or that is oth- 4 erwise subject to the jurisdiction of the Com- 5 mission. 6 (4) FEDERAL AUTHORIZATION.—The term 7 ‘‘Federal authorization’’— 8 (A) means any authorization required 9 under Federal law with respect to a covered 10 project; and 11 (B) includes any permits, special use au- 12 thorizations, certifications, opinions, or other 13 approvals as may be required under Federal law 14 with respect to a covered project. 15 Æ VerDate Sep 11 2014 04:12 May 27, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H3311.IH H3311 kjohnson on DSK79L0C42PROD with BILLS