Application of NEPA and NHPA to floodplains

(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) Communications facility The term communications facility has the meaning given the term communications facility installation in section 6409(d) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(d)). (3) Covered project The term covered project means a project— (A) for the deployment or modification of a communications facility that is to be carried out entirely within a floodplain (as defined in section 9.4 of title 44, Code of Federal Regulations, as in effect on the date of the enactment of this Act); 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. (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.