H.R. 5264 — SPEED for Broadband Infrastructure Act of 2025

This section establishes exemptions from National Environmental Policy Act (NEPA) review—by deeming them not major Federal actions under NEPA section 102(2)(C) (42 U.S.C. 4332(2)(C))—and from National Historic Preservation Act (NHPA) review—by deeming them not undertakings under 54 U.S.C. 300320—for Federal authorizations related to "covered projects," defined as the placement or installation of new communications facilities that are (1) in a public right-of-way and not more than 50 feet tall or 10 feet taller than any existing structure, whichever is higher; (2) replacements that are the same as or substantially similar to (as defined by the FCC) an existing facility; (3) small antennas meeting FCC size limitations; or (4) expansions of an existing site by not more than 30 feet in any direction. (NEPA generally requires federal agencies to include a detailed statement in recommendations on proposals for legislation and other major Federal actions significantly affecting the human environment, analyzing reasonably foreseeable effects, alternatives, and irreversible commitments of resources; NHPA generally requires federal agencies to consider effects on historic properties.) The section further exempts "covered easements" for communications facilities on federal property (excluding tribal trust lands unless requested otherwise by the tribe) from NEPA and NHPA review if a prior easement exists for another communications or utility facility on the same property. A savings clause preserves (1) FCC obligations to evaluate radiofrequency exposure under NEPA, (2) other NEPA and NHPA obligations except as provided, (3) state and local zoning authority consistent with specified Communications Act sections, and (4) certain transportation safety requirements.