[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3289 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3289
To provide that a project for the collocation of a personal wireless
service facility is not subject to requirements to prepare certain
environmental or historical preservation reviews.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2023
Mr. Johnson of Ohio 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
_______________________________________________________________________
A BILL
To provide that a project for the collocation of a personal wireless
service facility is not subject to requirements to prepare certain
environmental or historical preservation reviews.
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 ``Wireless Broadband Competition and
Efficient Deployment Act''.
SEC. 2. APPLICATION OF NEPA AND NHPA TO COLLOCATION OF CERTAIN PERSONAL
WIRELESS SERVICE FACILITIES.
(a) NEPA Exemption.--A Federal authorization with respect to a
covered project may not be considered a major Federal action under
section 102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)).
(b) National Historic Preservation Act Exemption.--A covered
project may not be considered an undertaking under section 300320 of
title 54, United States Code.
(c) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Covered project.--The term ``covered project'' means a
project--
(A) for--
(i) the mounting or installation of an
eligible personal wireless service facility
with another eligible personal wireless service
facility that exists at the time at which a
complete request for authorization of such
mounting or installation is filed with a State
or local government or instrumentality thereof
or with an Indian Tribe; or
(ii) the modification of an eligible
personal wireless service facility; and
(B) for which a permit, license, or approval from
the Commission is required or that is otherwise subject
to the jurisdiction of the Commission.
(3) Eligible personal wireless service facility.--The term
``eligible personal wireless service facility'' means any
antenna, apparatus, or transmitting device, and any equipment,
switches, wiring, cabling, power sources, shelters, or
cabinets, for the provision of a personal wireless service.
(4) Federal authorization.--The term ``Federal
authorization''--
(A) means any authorization required under Federal
law with respect to a covered project; and
(B) includes any permits, special use
authorizations, certifications, opinions, or other
approvals as may be required under Federal law with
respect to a covered project.
(5) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' under section 102 of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5130).
(6) Personal wireless services.--The term ``personal
wireless services''--
(A) has the meaning given such term in section
332(c)(7)(C) of the Communications Act of 1934 (47
U.S.C. 332(c)(7)(C)); and
(B) also includes 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)).
(7) State.--The term ``State'' means each State of the
United States, the District of Columbia, and each territory or
possession of the United States.
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