H.R. 6503

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6503 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 6503

To provide that certain communications projects are not subject to 
requirements to prepare certain environmental or historical 
preservation reviews, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

December 9, 2025

Mr. Fulcher 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 certain communications projects are 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 ``Broadband for Americans through 
Responsible Streamlining (BARS) Act''.

SEC. 2. 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.''.

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

(a) Presumption.--With respect to a project that is an undertaking 
under section 300320 of title 54, United States Code, as determined by 
the Commission, 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 regulations 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. RULE OF CONSTRUCTION.

Nothing in this Act or any amendment made by this Act may be 
construed to affect the obligation of the Commission to evaluate 
radiofrequency exposure under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).

SEC. 5. DEFINITIONS.

In this Act:
(1) Chief executive.--The term ``Chief Executive'' means 
the person who is the Chief, Chairman, Governor, President, or 
similar executive official of an Indian tribal government.
(2) Commission.--The term ``Commission'' means the Federal 
Communications Commission.
(3) 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)).
(4) Covered easement.--The term ``covered easement'' means 
an easement, right-of-way, or lease with respect to a building 
or other property owned by the Federal Government, excluding 
Tribal land held in trust by the Federal Government (unless the 
Indian tribal government with respect to such land requests 
that the Commission not exclude the land for purposes of this 
definition), for the right to install, construct, modify, or 
maintain a communications facility or a utility facility.
(5) Covered project.--The term ``covered project'' means 
any of the following:
(A) A project--
(i) for--
(I) the mounting or installation of 
a personal wireless service facility 
with another personal wireless service 
facility that exists at the time at 
which a request for authorization of 
such mounting or installation is 
submitted to a State or local 
government or instrumentality thereof 
or to an Indian tribal government; or
(II) the modification of a personal 
wireless service facility; and
(ii) for which a permit, license, or 
approval from the Commission is required or 
that is otherwise subject to the jurisdiction 
of the Commission.
(B) A project--
(i) for the placement, construction, or 
modification of a facility for communication by 
wire in or on eligible support infrastructure; 
and
(ii) for which a permit, license, or 
approval from the Commission is required or 
that is otherwise subject to the jurisdiction 
of the Commission.
(C) A project to deploy a small personal wireless 
service facility.
(D) A project--
(i) 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
(ii) for which a permit, license, or 
approval from the Commission is required or 
that is otherwise subject to the jurisdiction 
of the Commission.
(E) A project--
(i) for the deployment or modification of a 
communications facility that is to be carried 
out entirely within a brownfield site (as 
defined in section 101 of the Comprehensive 
Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601)); and
(ii) for which a permit, license, or 
approval from the Commission is required or 
that is otherwise subject to the jurisdiction 
of the Commission.
(F) A project to permanently remove covered 
communications equipment or services (as defined in 
section 9 of the Secure and Trusted Communications 
Networks Act of 2019 (47 U.S.C. 1608)) and to replace 
such covered communications equipment or services with 
communications equipment or services (as defined in 
such section) that are not covered communications 
equipment or services (as so defined).
(G) A project that--
(i) is to be carried out entirely within an 
area for which the President, the Governor of a 
State, or the Chief Executive of an Indian 
tribal government has declared a major disaster 
or an emergency;
(ii) is to be carried out not later than 5 
years after the date on which the President, 
Governor, or Chief Executive made such 
declaration; and
(iii) replaces a communications facility 
damaged by such disaster or emergency or makes 
improvements to a communications facility in 
such area that could reasonably be considered 
as necessary for recovery from such disaster or 
emergency or to prevent or mitigate any future 
disaster or emergency.
(H) A project for the placement and installation of 
a new communications facility if--
(i) such new facility--
(I) will be located within a public 
right-of-way; and
(II) is not more than 50 feet tall 
or 10 feet taller than any existing 
structure in the public right-of-way, 
whichever is higher;
(ii) such new facility is--
(I) a replacement for an existing 
communications facility; and
(II) the same as, or substantially 
similar to (as such term is defined by 
the Commission by regulation), the 
existing communications facility that 
such new communications facility is 
replacing;
(iii) such new facility is a type of 
communications facility that--
(I) is described in section 
6409(d)(1)(B) of the Middle Class Tax 
Relief and Job Creation Act of 2012 (47 
U.S.C. 1455(d)(1)(B)); and
(II) meets the size limitation of a 
small antenna established by the 
Commission; or
(iv) the placement and installation of such 
new facility involves the expansion of the site 
of an existing communications facility not more 
than 30 feet in any direction.
(I) A project for the placement, construction, or 
modification of a personal wireless service facility on 
an existing tower, building, or structure.
(J) A project for the placement, construction, or 
modification of a communications facility--
(i) for which the placement, construction, 
or modification is undertaken pursuant to a 
geographic area license that has been issued by 
the Commission or is subject to licensing by 
rule; and
(ii) with respect to which filing in the 
antenna structure registration system of the 
Commission is not required.
(6) Eligible support infrastructure.--The term ``eligible 
support infrastructure'' means infrastructure that supports or 
houses a facility for communication by wire (or that is 
designed for or capable of supporting or housing such a 
facility) at the time when a request to a State or local 
government or instrumentality thereof, or to an Indian tribal 
government, for authorization to place, construct, or modify a 
facility for communication by wire in or on the infrastructure 
is submitted to the government or instrumentality.
(7) Emergency.--The term ``emergency'' means--
(A) in the case of an emergency declared by the 
President, an emergency declared by the President under 
section 501 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5191); and
(B) in the case of an emergency declared by the 
Governor of a State or the Chief Executive of an Indian 
tribal government, any occasion or instance with 
respect to which the Governor or Chief Executive 
declares that an emergency exists (or makes a similar 
declaration) under State or Tribal law (as the case may 
be).
(8) Federal authorization.--The term ``Federal 
authorization''--
(A) means any authorization required under Federal 
law with respect to a covered project or a covered 
easement; 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 or a covered easement.
(9) Governor.--The term ``Governor'' means the chief 
executive of any State.
(10) Indian tribal government.--The term ``Indian tribal 
government'' means the governing body of an Indian Tribe.
(11) Indian tribe.--The term ``Indian Tribe'' has the 
meaning given the term ``Indian tribe'' under section 102 of 
the Federally Recognized Indian Tribe List Act of 1994 (25 
U.S.C. 5130).
(12) Major disaster.--The term ``major disaster'' means--
(A) in the case of a major disaster declared by the 
President, a major disaster declared by the President 
under section 401 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170); 
and
(B) in the case of a major disaster declared by the 
Governor of a State or the Chief Executive of an Indian 
tribal government, any occasion or instance with 
respect to which the Governor or Chief Executive 
declares that a disaster exists (or makes a similar 
declaration) under State or Tribal law (as the case may 
be).
(13) Personal wireless service facility.--The term 
``personal wireless service facility'' has the meaning given 
such term in subparagraph (G) of section 332(c)(7) of the 
Communications Act of 1934 (47 U.S.C. 332(c)(7)), as amended by 
this Act.
(14) Public right-of-way.--The term ``public right-of-
way''--
(A) means--
(i) the area on, below, or above a public 
roadway, highway, street, sidewalk, alley, or 
similar property (whether currently or 
previously used in such manner); and
(ii) any land immediately adjacent to and 
contiguous with property described in clause 
(i) that is within the right-of-way grant; and
(B) does not include a portion of the Interstate 
System (as such term is defined in section 101(a) of 
title 23, United States Code).
(15) Small personal wireless service facility.--The term 
``small personal wireless service facility'' has the meaning 
given such term in subparagraph (G) of section 332(c)(7) of the 
Communications Act of 1934 (47 U.S.C. 332(c)(7)), as amended by 
this Act.
(16) State.--The term ``State'' means each State of the 
United States, the District of Columbia, and each territory or 
possession of the United States.
(17) Utility facility.--The term ``utility facility'' means 
any privately, publicly, or cooperatively owned line, facility, 
or system for producing, transmitting, or distributing power, 
electricity, light, heat, gas, oil, crude products, water, 
steam, waste, storm water not connected with highway drainage, 
or any other similar commodity, including any fire or police 
signal system or street lighting system, that directly or 
indirectly serves the public.
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