[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5318 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 5318
To provide that the deployment of a small personal wireless service
facility is not subject to requirements to prepare certain
environmental or historical preservation reviews, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 11, 2025
Mr. Hudson 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 the deployment of a small personal wireless service
facility is not subject to requirements to prepare certain
environmental or historical preservation reviews, 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. EXEMPTIONS FOR SMALL PERSONAL WIRELESS SERVICE FACILITIES.
(a) NEPA Exemption.--A Federal authorization with respect to a
project to deploy a small personal wireless service facility 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 project to
deploy a small personal wireless service facility may not be considered
an undertaking under section 300320 of title 54, United States Code.
SEC. 3. PRESUMPTION WITH RESPECT TO CERTAIN COMPLETE FCC FORMS.
(a) Presumption.--If an Indian Tribe is shown to have received a
complete FCC Form 620 or FCC Form 621 (or any successor form), or can
be reasonably expected to have received a complete FCC Form 620 or FCC
Form 621 (or any successor form), and has not acted on a request
contained in such complete form by the date that is 45 days after the
date of such receipt or reasonably expected receipt--
(1) the Commission and a court of competent jurisdiction
(as the case may be) shall presume the applicant with respect
to such complete form has made a good faith effort to provide
the information reasonably necessary for such Indian Tribe to
ascertain whether historic properties of religious or cultural
significance to such Indian Tribe may be affected by the
undertaking related to such complete form; and
(2) such Indian Tribe shall be presumed to have disclaimed
interest in such undertaking.
(b) Overcoming Presumption.--
(1) In general.--An Indian Tribe may overcome a presumption
under subsection (a) upon making, to the Commission or a court
of competent jurisdiction, a favorable demonstration with
respect to 1 or more of the factors described in paragraph (2).
(2) Factors considered.--In making a determination
regarding a presumption under subsection (a), the Commission or
court of competent jurisdiction shall give substantial weight
to--
(A) whether the applicant with respect to the
relevant complete form failed to make a reasonable
attempt to follow up with the applicable Indian Tribe
not earlier than 30 days, and not later than 50 days,
after the applicant submitted a complete FCC Form 620
or FCC Form 621 (as the case may be) to such Indian
Tribe; and
(B) whether the rules of the Commission, or FCC
Form 620 or FCC Form 621, are found to be in violation
of a Nationwide Programmatic Agreement of the
Commission.
SEC. 4. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Federal authorization.--The term ``Federal
authorization''--
(A) means any authorization required under Federal
law with respect to a 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 project.
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 102 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5130).
(4) Personal wireless service.--The term ``personal
wireless service''--
(A) means any service described in section
332(c)(7)(C)(i) of the Communications Act of 1934 (47
U.S.C. 332(c)(7)(C)(i)); and
(B) 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)).
(5) Personal wireless service facility.--The term
``personal wireless service facility'' means a facility for the
provision of personal wireless service.
(6) Small personal wireless service facility.--The term
``small personal wireless service facility''--
(A) means a personal wireless service facility with
respect to which each antenna is not more than 3 cubic
feet in volume; and
(B) does not include a wireline backhaul facility.
(7) 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.
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