Application of NEPA and NHPA to certain communications projects

(a) In general (1) 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)). (2) National Historic Preservation Act exemption A covered project may not be considered an undertaking under section 300320 of title 54, United States Code. (b) Grant of easement on Federal property (1) NEPA exemption A Federal authorization with respect to a covered easement for a communications 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)), if— (A) a covered easement has previously been granted for another communications facility or a utility facility with respect to the same building or other property owned by the Federal Government; or (B) the covered easement is for a communications facility in a public right-of-way. (2) National Historic Preservation Act exemption A covered easement for a communications facility may not be considered an undertaking under section 300320 of title 54, United States Code, if— (A) a covered easement has previously been granted for another communications facility or a utility facility with respect to the same building or other property owned by the Federal Government; or (B) the covered easement is for a communications facility in a public right-of-way. (c) Requests for modification of certain existing wireless and wireline communications facilities Section 6409(a)(3) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(a)(3)) is amended to read as follows: (3) Application of NEPA; NHPA (A) NEPA exemption A Federal authorization with respect to an eligible facilities request or an eligible wireline communications facilities request 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 An eligible facilities request or an eligible wireline communications facilities request may not be considered an undertaking under section 300320 of title 54, United States Code. (C) Federal authorization defined In this paragraph, the term Federal authorization — (i) means any authorization required under Federal law with respect to an eligible facilities request or an eligible wireline communications facilities request; and (ii) includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to an eligible facilities request or an eligible wireline communications facilities request..