Coastal Broadband Deployment Act
The Coastal Broadband Deployment Act would shorten the federal permitting path for a narrow class of broadband projects. Specifically, it says that a project to deploy or modify a communications facility that is entirely within a floodplain and requires a Federal authorization from the FCC would not count as a “major federal action” under NEPA (the National Environmental Policy Act) and would not be treated as an “undertaking” under NHPA (the National Historic Preservation Act). In practical terms, this would remove federal environmental and endangered/historic-preservation reviews for these projects, potentially speeding their approval and construction. The bill defines key terms (Commission, communications facility, covered project, Federal authorization) and ties the exemptions to the project being wholly within a floodplain as defined in federal floodplain regulations. The bill is introduced in the House (H.R. 2817) by Mr. Bilirakis and referred to the Energy and Commerce Committee and the Natural Resources Committee. It targets projects that require FCC permits or other FCC jurisdiction and are located entirely within a floodplain.
Key Points
- 1NEPA exemption for a covered project: A federal authorization for a covered project may not be considered a major federal action under NEPA, meaning no required NEPA environmental review (including EIS or EA) for these projects.
- 2NHPA exemption: A covered project may not be considered an undertaking under NHPA, meaning no required historical preservation review (Section 106 process) for these projects.
- 3What qualifies as a covered project: A project for the deployment or modification of a communications facility that is carried out entirely within a floodplain and for which the FCC must issue or has jurisdiction over a permit, license, or other approval.
- 4Definitions anchored in federal law:
- 5- Commission = Federal Communications Commission (FCC).
- 6- Communications facility = as defined by 6409(d) of the Middle Class Tax Relief and Job Creation Act of 2012.
- 7- Federal authorization = any federal permit, special use authorization, certification, opinion, or other approval required for the project.
- 8- Floodplain = as defined in 44 CFR § 9.4 (federal floodplain regulations).
- 9Scope limitation: The exemptions apply only to projects entirely within a floodplain that require FCC involvement; other environmental or cultural reviews not tied to NEPA/NHPA (e.g., state or local processes) are not changed by the bill.