H.R. 5318

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5318 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5318

To provide that the deployment of a small personal wireless service 
facility is not subject to requirements to prepare certain 
environmental or historical preservation reviews, and for other 
purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 11, 2025

Mr. Hudson 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

_______________________________________________________________________

A BILL

To provide that the deployment of a small personal wireless service 
facility is not subject to requirements to prepare certain 
environmental or historical preservation reviews, and for other 
purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Reducing Antiquated Permitting for 
Infrastructure Deployment Act'' or the ``RAPID Act''.

SEC. 2. EXEMPTIONS FOR SMALL PERSONAL WIRELESS SERVICE FACILITIES.

(a) NEPA Exemption.--A Federal authorization with respect to a 
project to deploy a small personal wireless service 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)).
(b) National Historic Preservation Act Exemption.--A project to 
deploy a small personal wireless service facility may not be considered 
an undertaking under section 300320 of title 54, United States Code.

SEC. 3. PRESUMPTION WITH RESPECT TO CERTAIN COMPLETE FCC FORMS.

(a) Presumption.--If an Indian Tribe is shown to have received a 
complete FCC Form 620 or FCC Form 621 (or any successor form), or can 
be reasonably expected to have received a complete FCC Form 620 or FCC 
Form 621 (or any successor form), and has not acted on a request 
contained in such complete form by the date that is 45 days after the 
date of such receipt or reasonably expected receipt--
(1) the Commission and a court of competent jurisdiction 
(as the case may be) shall presume the applicant with respect 
to such complete form has made a good faith effort to provide 
the information reasonably necessary for such Indian Tribe to 
ascertain whether historic properties of religious or cultural 
significance to such Indian Tribe may be affected by the 
undertaking related to such complete form; and
(2) such Indian Tribe shall be presumed to have disclaimed 
interest in such undertaking.
(b) Overcoming Presumption.--
(1) In general.--An Indian Tribe may overcome a presumption 
under subsection (a) upon making, to the Commission or a court 
of competent jurisdiction, a favorable demonstration with 
respect to 1 or more of the factors described in paragraph (2).
(2) Factors considered.--In making a determination 
regarding a presumption under subsection (a), the Commission or 
court of competent jurisdiction shall give substantial weight 
to--
(A) whether the applicant with respect to the 
relevant complete form failed to make a reasonable 
attempt to follow up with the applicable Indian Tribe 
not earlier than 30 days, and not later than 50 days, 
after the applicant submitted a complete FCC Form 620 
or FCC Form 621 (as the case may be) to such Indian 
Tribe; and
(B) whether the rules of the Commission, or FCC 
Form 620 or FCC Form 621, are found to be in violation 
of a Nationwide Programmatic Agreement of the 
Commission.

SEC. 4. DEFINITIONS.

In this Act:
(1) Commission.--The term ``Commission'' means the Federal 
Communications Commission.
(2) 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.
(3) Indian tribe.--The term ``Indian Tribe'' has the 
meaning given the term ``Indian tribe'' in section 102 of the 
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
5130).
(4) Personal wireless service.--The term ``personal 
wireless service''--
(A) means any service described in section 
332(c)(7)(C)(i) of the Communications Act of 1934 (47 
U.S.C. 332(c)(7)(C)(i)); and
(B) includes commercial mobile data service (as 
defined in section 6001 of the Middle Class Tax Relief 
and Job Creation Act of 2012 (47 U.S.C. 1401)).
(5) Personal wireless service facility.--The term 
``personal wireless service facility'' means a facility for the 
provision of personal wireless service.
(6) Small personal wireless service facility.--The term 
``small personal wireless service facility''--
(A) means a personal wireless service facility with 
respect to which each antenna is not more than 3 cubic 
feet in volume; and
(B) does not include a wireline backhaul facility.
(7) Wireline backhaul facility.--The term ``wireline 
backhaul facility'' means an above-ground or underground 
wireline facility used to transport communications service or 
other electronic communications from a small personal wireless 
service facility or its adjacent network interface device to a 
communications network.
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