Sec. 1. Application of NEPA and NHPA to certain communications projects
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/bill/118/hr/4141/ih/section-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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) ). A covered project may not be considered an undertaking under section 300320 of title 54, United States Code. 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 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 the covered easement is for a communications facility in a public right-of-way.
A covered easement for a communications facility may not be considered an undertaking under section 300320 of title 54, United States Code, if— 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 the covered easement is for a communications facility in a public right-of-way. 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:
A Federal authorization with respect to an eligible 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) ). An eligible facilities request may not be considered an undertaking under section 300320 of title 54, United States Code. In this paragraph, the term Federal authorization — means any authorization required under Federal law with respect to an eligible facilities request; and 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. .
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