H.R. 5318

119 HR 5318 IH: Reducing Antiquated Permitting for Infrastructure Deployment Act
 U.S. House of Representatives
 2025-09-11
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  1st Session  H. R. 5318  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.
1.
Short title
This Act may be cited as the   Reducing Antiquated Permitting for Infrastructure Deployment Act   or the   RAPID Act  .
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.
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.
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.