Brownfields Broadband Deployment Act

I 118TH CONGRESS 1ST SESSION H. R. 3292 To provide that a project for the deployment or modification of a communica- tions facility entirely within a brownfield site is not subject to require- ments to prepare certain environmental or historical preservation reviews. IN THE HOUSE OF REPRESENTATIVES MAY 15, 2023 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 project for the deployment or modification of a communications facility entirely within a brownfield site is not subject to requirements 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 01:49 May 27, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3292.IH H3292 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3292 IH SEC. 2. APPLICATION OF NEPA AND NHPA TO 1 BROWNFIELDS. 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 brownfield site (as defined 24 in section 101 of the Comprehensive Environ- 25 VerDate Sep 11 2014 01:49 May 27, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3292.IH H3292 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3292 IH mental Response, Compensation, and Liability 1 Act of 1980 (42 U.S.C. 9601)); 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 01:49 May 27, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H3292.IH H3292 kjohnson on DSK79L0C42PROD with BILLS