H.R. 5318 — RAPID Act

This section exempts federal authorizations for projects to deploy small personal wireless service facilities from being considered major federal actions under the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4332(2)(C)). (Thus, such projects are exempt from NEPA's requirement for environmental impact statements on major federal actions significantly affecting the human environment.) It further exempts such projects from being considered undertakings under the National Historic Preservation Act (54 U.S.C. 300320). (Thus, such projects are exempt from section 106 review for effects on historic properties.)

This section establishes a presumption that if an Indian tribe receives (or is reasonably expected to receive) a complete FCC Form 620 or 621 (or successor form)—used for tribal consultation on potential effects to historic properties under Section 106 of the National Historic Preservation Act—and fails to act on the request within 45 days of receipt, (1) the applicant made a good faith effort to provide information needed for the tribe to assess impacts to historic properties of religious or cultural significance, and (2) the tribe disclaimed interest in the undertaking. An Indian tribe may overcome the presumption by demonstrating to the FCC or a court factors given substantial weight, including (A) the applicant's failure to follow up with the tribe between 30 and 50 days after submission, and (B) any violation of a Nationwide Programmatic Agreement by FCC rules or the forms.

This section establishes definitions for terms used in the Act, including (1) Commission, meaning the Federal Communications Commission; (2) Federal authorization, meaning any authorization, permit, special use authorization, certification, opinion, or approval required under federal law for a project; (3) Indian Tribe, having the meaning given "Indian tribe" in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130); (4) personal wireless service, meaning any service described in 47 U.S.C. 332(c)(7)(C)(i) and including commercial mobile data service (as defined in 47 U.S.C. 1401); (5) personal wireless service facility, meaning a facility for the provision of personal wireless service; (6) small personal wireless service facility, meaning a personal wireless service facility with each antenna not more than 3 cubic feet in volume and excluding any wireline backhaul facility; and (7) wireline backhaul facility, meaning an above-ground or underground wireline facility used to transport communications service from a small personal wireless service facility or its adjacent network interface device to a communications network.