March 24, 2025
Mr. Fulcher 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
To ensure that certain broadband projects are not subject to requirements to prepare certain environmental or historical preservation reviews, and for other purposes.
Section 1. Short title
This Act may be cited as the Reducing Barriers for Broadband on Federal Lands Act of 2025
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Sec. 2. Exemptions for certain broadband projects
(a) NEPA exemption
The issuance of a Federal authorization with respect to a broadband project carried out in a right-of-way 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 broadband project carried out in a right-of-way may not be considered an undertaking under section 300320 of title 54, United States Code.
(c) Definitions
In this section:
(1) Broadband project
The term broadband project means an installation, by a broadband provider on Federal land, of wireline or wireless broadband infrastructure that enables a user to originate and receive high-quality voice, data, graphics, and video telecommunications, including copper lines, fiber optic lines, communications towers, buildings, or other improvements.
(2) Broadband provider
The term broadband provider means a provider of wireline or wireless broadband infrastructure that enables a user to originate and receive high-quality voice, data, graphics, and video telecommunications.
(3) 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.
(4) Right-of-way
The term right-of-way—
(A)
means—
(i)
the area on, below, or above a roadway, highway, street, sidewalk, alley, or similar property (whether currently or previously used in such manner); and
(ii)
any land immediately adjacent to and contiguous with property described in clause (i) that is within the right-of-way grant; and
(B)
does not include a portion of the Interstate System (as such term is defined in section 101(a) of title 23, United States Code).