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I
118TH CONGRESS
1ST SESSION H. R. 3297
To ensure that certain broadband projects are not subject to requirements
to prepare certain environmental or historical preservation reviews, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 15, 2023
Mr. FULCHER 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 ensure that certain broadband projects are not subject
to requirements to prepare certain environmental or his-
torical preservation reviews, 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,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Reducing Barriers for
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Broadband on Federal Lands Act of 2023’’.
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•HR 3297 IH
SEC.
2.
EXEMPTIONS
FOR
CERTAIN
BROADBAND
1
PROJECTS.
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(a) NEPA EXEMPTION.—The issuance of a Federal
3
authorization with respect to a broadband project carried
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out in a right-of-way may not be considered a major Fed-
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eral action under section 102(2)(C) of the National Envi-
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ronmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
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(b) NATIONAL HISTORIC PRESERVATION ACT EX-
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EMPTION.—A broadband project carried out in a right-
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of-way may not be considered an undertaking under sec-
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tion 300320 of title 54, United States Code.
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(c) DEFINITIONS.—In this section:
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(1)
BROADBAND
PROJECT.—The
term
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‘‘broadband project’’ means an installation, by a
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broadband provider on Federal land, of wireline or
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wireless broadband infrastructure that enables a
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user to originate and receive high-quality voice, data,
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graphics, and video telecommunications, including
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copper lines, fiber optic lines, communications tow-
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ers, buildings, or other improvements.
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(2)
BROADBAND
PROVIDER.—The
term
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‘‘broadband provider’’ means a provider of wireline
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or wireless broadband infrastructure that enables a
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user to originate and receive high-quality voice, data,
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graphics, and video telecommunications.
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•HR 3297 IH
(3)
FEDERAL
AUTHORIZATION.—The
term
1
‘‘Federal authorization’’—
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(A) means any authorization required
3
under Federal law with respect to a project;
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and
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(B) includes any permits, special use au-
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thorizations, certifications, opinions, or other
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approvals as may be required under Federal law
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with respect to a project.
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(4)
RIGHT-OF-WAY.—The
term
‘‘right-of-
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way’’—
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(A) means—
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(i) the area on, below, or above a
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roadway, highway, street, sidewalk, alley,
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or similar property (whether currently or
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previously used in such manner); and
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(ii) any land immediately adjacent to
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and contiguous with property described in
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clause (i) that is within the right-of-way
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grant; and
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(B) does not include a portion of the Inter-
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state System (as such term is defined in section
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101(a) of title 23, United States Code).
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Æ
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