[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1074 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1074
To provide that the deployment of a small personal wireless service
facility shall not constitute an undertaking under section 300320 of
title 54, United States Code, or a major Federal action for the
purposes of section 102(2)(C) of the National Environmental Policy Act
of 1969, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
February 15, 2021
Mr. Scalise 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 concerned
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A BILL
To provide that the deployment of a small personal wireless service
facility shall not constitute an undertaking under section 300320 of
title 54, United States Code, or a major Federal action for the
purposes of section 102(2)(C) of the National Environmental Policy Act
of 1969, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Antiquated Permitting for
Infrastructure Deployment Act'' or the ``RAPID Act''.
SEC. 2. REBUTTABLE PRESUMPTION ON SHOT CLOCK TIMELINE BEGINNING FOR
PURPOSES OF NHPA.
(a) Definitions.--In this section:
(1) Personal wireless service.--The term ``personal
wireless service'' means--
(A) commercial mobile service (as defined in
section 332(d) of the Communications Act of 1934 (47
U.S.C. 332(d)));
(B) commercial mobile data service (as defined in
section 6001 of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1401));
(C) unlicensed wireless service; and
(D) common carrier wireless exchange access
service.
(2) Personal wireless service facility.--The term
``personal wireless service facility'' means a facility for the
provision of personal wireless service.
(3) Small personal wireless service facility.--The term
``small personal wireless service facility''--
(A) means a personal wireless service facility in
which each antenna is not more than 3 cubic feet in
volume; and
(B) does not include a wireline backhaul facility.
(4) Wireline backhaul facility.--The term ``wireline
backhaul facility'' means an above-ground or underground
wireline facility used to transport communications service or
other electronic communications from a small personal wireless
service facility or its adjacent network interface device to a
communications network.
(b) In General.--The deployment of a small personal wireless
service facility shall not constitute an undertaking under section
300320 of title 54, United States Code, or a major Federal action for
the purposes of section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332).
(c) Rebuttable Presumption.--
(1) In general.--If an Indian Tribe or Native Hawaiian
Organization is shown to have received a complete Form 620 or
Form 621 (or any successor form), or can be reasonably expected
to have received a complete Form 620 or Form 621 (or any
successor form), and has not acted on a complete request
contained in the form within 45 days after such receipt--
(A) the Commission and a court of competent
jurisdiction (as the case may be) shall presume the
applicant has made a good faith effort to provide the
information reasonably necessary for Indian Tribes and
Native Hawaiian Organizations to ascertain whether
historic properties of religious and cultural
significance to them may be affected by the
undertaking; and
(B) the Indian Tribe or Native Hawaiian
Organization (as the case may be) shall be presumed to
have disclaimed interest in the application.
(2) Overcoming presumption.--
(A) In general.--An Indian Tribe or Native Hawaiian
Organization may overcome the presumption under
paragraph (1) upon favorably demonstrating one or more
of the factors to be considered under subparagraph (B).
(B) Factors considered.--The review by the
Commission or a court of competent jurisdiction under
paragraph (1) shall give substantial weight to--
(i) whether the applicant made a reasonable
attempt to follow up with the Indian Tribe or
Native Hawaiian Organization not earlier than
30 days, and not later than 50 days, after the
applicant submitted a complete Form 620 or Form
621 (as the case may be) to the Indian Tribe or
Native Hawaiian Organization; and
(ii) whether the rules of the Commission
and Form 620 or Form 621 is found to be in
violation of a Nationwide Programmatic
Agreement of the Commission.
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