Section 1 Short title
This Act may be cited as the “Reducing Antiquated Permitting for Infrastructure Deployment Act” or the “RAPID Act”.
Reducing Antiquated Permitting for Infrastructure Deployment Act
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.
Sec. 2 Exemptions for small personal wireless service facilities
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)).
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
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—
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
such Indian Tribe shall be presumed to have disclaimed interest in such undertaking.
Overcoming presumption—
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).
Factors considered— In making a determination regarding a presumption under subsection (a), the Commission or court of competent jurisdiction shall give substantial weight to—
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
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:
Commission— The term Commission means the Federal Communications Commission.
Federal authorization— The term Federal authorization—
means any authorization required under Federal law with respect to a project; and
includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to a project.
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).
Personal wireless service— The term personal wireless service—
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
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)).
Personal wireless service facility— The term personal wireless service facility means a facility for the provision of personal wireless service.
Small personal wireless service facility— The term small personal wireless service facility—
means a personal wireless service facility with respect to which each antenna is not more than 3 cubic feet in volume; and
does not include a wireline backhaul facility.
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.