This bill exempts eligible wireless facilities deployments from certain environmental and historical preservation reviews under federal law.
Earl "Buddy" Carter
Representative
GA-1
The "Proportional Reviews for Broadband Deployment Act" aims to streamline broadband deployment by exempting eligible wireless facilities requests from extensive environmental and historical preservation reviews required by the National Environmental Policy Act and the National Historic Preservation Act. This exemption applies to any federal approvals necessary for deployment, such as permits and authorizations. The goal is to accelerate broadband expansion by reducing regulatory hurdles for certain wireless projects.
This proposed legislation, the "Proportional Reviews for Broadband Deployment Act," aims to accelerate the build-out of wireless infrastructure by removing specific federal review requirements. Section 2 of the bill explicitly exempts federal approvals for "eligible wireless facilities requests" from environmental impact assessments under the National Environmental Policy Act of 1969 (NEPA) and from historic preservation reviews typically required under section 300320 of title 54, United States Code (related to the National Historic Preservation Act, or NHPA).
Normally, projects requiring federal permits undergo NEPA reviews to evaluate potential environmental effects – think impacts on local wildlife, air quality, or noise levels. Similarly, NHPA reviews assess potential harm to historic buildings, archaeological sites, or culturally significant landscapes. This bill designates these wireless projects as not being "major federal actions" (the trigger for NEPA) or "undertakings" (the trigger for NHPA). In practice, this means a proposed cell tower near a sensitive wetland or a historically significant area might bypass these federal evaluations, potentially speeding up its construction timeline by removing regulatory hurdles.
The stated goal is faster deployment, which could mean quicker access to better wireless service for homes and businesses. However, removing these review processes raises concerns. Without NEPA and NHPA oversight specifically mandated at the federal level for these projects, there's a risk that environmental damage or harm to historic sites could occur without thorough prior assessment. Communities near proposed sites, environmental advocates, and historical preservation groups might find fewer formal avenues through the federal approval process to voice concerns about the placement and impact of new wireless infrastructure.
The bill applies to "eligible wireless facilities requests" and broadly defines the "Federal authorization" being streamlined to include permits, special use authorizations, certifications, and other approvals. While the bill's language is fairly direct in what it exempts (Section 2), the real-world consequences hinge on how significantly these exemptions impact environmental and historical site protections previously afforded under NEPA and NHPA during the federal approval process for wireless infrastructure.