Broadband for Americans through Responsible Streamlining (BARS) Act
Sponsored By: Representative Fulcher
Introduced
Summary
Narrow NEPA and NHPA review for many communications projects. The bill would exempt certain communications projects and related easements from being treated as a major federal action under the National Environmental Policy Act and from being an undertaking under the National Historic Preservation Act. It would also add clear definitions and presumptions to guide agencies and courts.
Show full summary
- Communications companies and broadband deployers would face fewer environmental and historic-review steps for many upgrades, eligible facilities requests, and wireline projects, making routine permits move faster.
- Indian tribes would face a timing presumption if they do not act within 45 days after receipt of a complete FCC Form 620 or 621, with a defined path to rebut that presumption based on follow-up actions within about 30 to 50 days.
- Federal agencies and courts would get more prescriptive definitions and rules to apply the exemptions while the bill explicitly preserves the FCCs obligation to evaluate radiofrequency exposure under NEPA.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
FCC must still check RF exposure
If enacted, this bill would say that nothing in the Act changes the FCC's duty to evaluate radiofrequency (RF) exposure under NEPA. The provision would not create funding. It would preserve the Commission's existing obligation to consider RF exposure in environmental reviews.
Faster federal review for broadband
If enacted, this bill would narrow NEPA and NHPA reviews for many communications projects. It would apply exemptions to "covered projects" (many small cell, antenna, wireline, disaster-recovery, and similar work) and to eligible facilities and eligible wireline requests under 47 U.S.C. 1455. The bill would set definitions and limits for covered projects, including height limits (not more than 50 feet tall or 10 feet taller than existing structures) and site expansion limits (no more than 30 feet). Covered easements on Federal property would get exemptions only when another covered easement already exists for that property or the easement is in a public right-of-way. Tribal trust land is excluded from the covered-easement rule unless the Indian tribal government asks to be included.
Tribal response deadlines for projects
If enacted, this bill would create a rebuttable presumption when an Indian Tribe receives a complete FCC Form 620 or 621 and does not act within 45 days. The Commission and courts would presume the applicant made a good-faith effort and the Tribe disclaimed interest, unless the Tribe can show listed reasons to rebut the presumption. The Tribe could overcome the presumption by, for example, showing the applicant did not reasonably follow up between 30 and 50 days after filing or that FCC forms or rules violate a Nationwide Programmatic Agreement. This presumption would apply only to projects that the Commission determines are NHPA "undertakings."
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Sponsors & CoSponsors
Sponsor
Fulcher
ID • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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