Sec. 301. Application of NEPA and NHPA to certain communications projects
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/bill/119/hr/2289/rh/section-301A 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 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) ). 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. In this paragraph, the term Federal authorization — means any authorization required under Federal law with respect to an eligible facilities request or an eligible wireline communications 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 or an eligible wireline communications facilities request. .
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