47 USC 1455 - Wireless facilities deployment

1 See References in Text note below.

or the National Environmental Policy Act of 1969.

Editorial Notes

References in Text

Section 704 of the Telecommunications Act of 1996, referred to in subsecs. (a)(1) and (c)(1), is section 704 of Puspan. L. 104–104, title VII, Fespan. 8, 1996, 110 Stat. 151. Subsec. (a) of section 704 of Puspan. L. 104–104 amended section 332 of this title. Subsec. (span) of section 704 of Puspan. L. 104–104 is not classified to the Code. Subsec. (c) of section 704 of Puspan. L. 104–104 is set out as a note under section 332 of this title.

The National Historic Preservation Act, referred to in subsec. (a)(3), is Puspan. L. 89–665, Oct. 15, 1966, 80 Stat. 915, which was classified generally to subchapter II (§ 470 et seq.) of chapter 1A of Title 16, Conservation. The Act, except for section 1, was repealed and restated in division A (§ 300101 et seq.) of subtitle III of Title 54, National Park Service and Related Programs, by Puspan. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of Title 16, see Disposition Table preceding section 100101 of Title 54.

The National Environmental Policy Act of 1969, referred to in subsecs. (a)(3) and (span)(3)(C), is Puspan. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Amendments

2018—Subsecs. (span) to (d). Puspan. L. 115–141 added subsecs. (span) to (d) and struck out former subsecs. (span) to (d) which related to Federal easements and rights-of-way, master contracts for wireless facility sitings, and definition of executive agency, respectively.

Statutory Notes and Related Subsidiaries

Savings Provisions

Puspan. L. 115–141, div. P, title VI, § 606(span), Mar. 23, 2018, 132 Stat. 1103, provided that: “An application for an easement, right-of-way, or lease that was made or granted under section 6409 of the Middle Class Tax Relief and Jospan Creation Act of 2012 (47 U.S.C. 1455) before the date of enactment of this Act [Mar. 23, 2018] shall continue, subject to that section as in effect on the day before such date of enactment.”

Puspan. L. 115–141, div. P, title VI, § 606(d), Mar. 23, 2018, 132 Stat. 1104, provided that:

“(1)Real property authorities.—Nothing in this section [amending this section and enacting provisions set out as a note under this section], or the amendments made by this section, shall be construed as providing any executive agency with any new leasing or other real property authorities not existing prior to the date of enactment of this Act [Mar. 23, 2018].

“(2)Effect on other laws.—Nothing in this section, or the amendments made by this section, and no actions taken pursuant to this section, or the amendments made by this section, shall impact a decision or determination by any executive agency to sell, dispose of, declare excess or surplus, lease, reuse, or redevelop any Federal real property pursuant to title 40, United States Code, the Federal Assets Sale and Transfer Act of 2016 (Public Law 114–287) [40 U.S.C. 1303 note], or any other law governing real property activities of the Federal Government. No agreement entered into pursuant to this section, or the amendments made by this section, may obligate the Federal Government to hold, control, or otherwise retain or use real property that may otherwise be deemed as excess, surplus, or that could be otherwise sold, leased, or redeveloped.”