S.Amdt. 2326

SA 2326. Mrs. BLACKBURN submitted an amendment intended to be
proposed to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema
(for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms.
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the
bill H.R. 3684, to authorize funds for Federal-aid highways, highway
safety programs, and transit programs, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place in division F, insert the
following:

SEC. ___. APPLICATION OF NEPA AND NHPA TO COVERED
COMMUNICATIONS PROJECTS.

(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Communications facility.--The term ``communications
facility'' includes--
(A) any wireless or wireline infrastructure for the
transmission of writing, signs, signals, data, images,
pictures, or sounds of all kinds;
(B) any transmitting device, tower, or support structure,
and any equipment, switches, wiring, cabling, power sources,
shelters, or cabinets, associated with the provision of
communications services; and
(C) any antenna or apparatus that--
(i) is designed for the purpose of emitting radio
frequency;
(ii) is designed to be operated, or is operating, from a
fixed location; and
(iii) is added to a tower, building, or other structure.
(3) Communications service.--The term ``communications
service'' means a service for the transmission of writing,
signs, signals, data, images, pictures, or sounds of all
kinds.
(4) Covered project.--The term ``covered project'' means a
project that--
(A) is to be carried out within an area for which the
President has declared a major disaster or an emergency under
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.);
(B) is to be carried out not later than 5 years after the
date on which the President made the declaration; and
(C)(i) replaces a communications facility damaged by the
disaster or emergency; or
(ii) makes improvements to a communications facility--
(I) that could reasonably be considered as necessary for
recovery from the disaster or emergency; or
(II) to prevent or mitigate damage to the communications
facility from a future disaster or emergency.
(b) NEPA Considerations.--The Commission shall treat a
covered project as a class of action categorically excluded
under section 1508.4 of title 40, Code of Federal Regulations
(or a successor regulation), from any requirement to prepare
an environmental assessment or environmental impact statement
under section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)).
(c) National Historic Preservation Considerations.--Section
306108 of title 54, United States Code, shall not apply with
respect to a covered project--
(1) for which the Commission is required to issue a permit;
or
(2) that is otherwise subject to the jurisdiction of the
Commission.
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