H.R. 2817 — Coastal Broadband Deployment Act

This section exempts covered projects—i.e., the deployment or modification of a communications facility (as defined in 47 U.S.C. § 1455(d)) entirely within a floodplain (as defined in 44 C.F.R. § 9.4) that require Federal Communications Commission (FCC) approval—from (1) National Environmental Policy Act (NEPA) review by deeming associated federal authorizations not major federal actions under NEPA § 102(2)(C) (42 U.S.C. § 4332(2)(C)); and (2) National Historic Preservation Act (NHPA) review by excluding such projects from the definition of undertakings under 54 U.S.C. § 300320. (As background, NEPA requires federal agencies to prepare detailed environmental impact statements analyzing alternatives and effects for major federal actions significantly affecting the human environment; NHPA requires federal agencies to assess impacts on historic properties for undertakings.) (Thus, no environmental impact statement or section 106 historic preservation review is required for these FCC-jurisdictional communications projects in floodplains.)