H.R. 5264

119th CONGRESS 1st Session

To amend the Communications Act of 1934 to provide that certain projects for the placement and installation of communications facilities are not subject to requirements to prepare certain environmental or historical preservation reviews, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES · September 10, 2025 · Sponsor: Mr. Goldman of Texas

Table of contents

• H.R. 5264
  • SEC. 1. Short title
  • SEC. 2. Exemption from review for certain communications facilities

SEC. 1. Short title

• This Act may be cited as the or the .

SEC. 2. Exemption from review for certain communications facilities

• Title I of the Communications Act of 1934 () is amended by adding at the end the following: 47 U.S.C. 151 et seq.
  • (a) Permitting of covered projects
    • (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.
    • (3) Savings clause
      • Nothing in this subsection 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.
        • except as explicitly provided in this subsection, the obligation of a provider of a communications service to comply with the National Environmental Policy Act of 1969 or division A of subtitle III of title 54, United States Code;
        • the authority of a State or local government to apply and enforce the zoning and other land use regulations of the State or local government to the extent consistent with this subsection and sections 253, 332(c)(7), and 621; or
        • the authority or obligations established under section 20156(e) of title 49, 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 (), 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. 42 U.S.C. 4332(2)(C)
    • (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 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.
  • (c) Definitions
    • In this section:
      • The term antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
      • The term communications facility,communications facility installation has the meaning given the term in section 6409(d) of the Middle Class Tax Relief and Job Creation Act of 2012 (). 47 U.S.C. 1455(d)
      • 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 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.
      • The term covered project means the placement and installation of a new communications facility if—
      • The term — Federal authorization
      • The term — public right-of-way
      • 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.
      • The term wireless service means the transmission by radio communication of voice, video, or data communications services, including Internet Protocol or any successor protocol-enabled services, or any combination of those services, whether provided on a licensed or permitted unlicensed basis.