[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7373 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7373

       To provide that construction, rebuilding, or hardening of 
  communications facilities following a major emergency declared by a 
  Governor relating to a wildfire is categorically excluded from the 
requirement to prepare certain environmental or historical preservation 
                                reviews.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2020

  Mrs. Rodgers of Washington introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
  the Committee on Natural Resources, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
       To provide that construction, rebuilding, or hardening of 
  communications facilities following a major emergency declared by a 
  Governor relating to a wildfire is categorically excluded from the 
requirement to prepare certain environmental or historical preservation 
                                reviews.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wildfire Wireless Resiliency Act''.

SEC. 2. APPLICATION OF NEPA AND NHPA TO COVERED COMMUNICATIONS 
              PROJECTS.

    (a) NEPA Categorical Exclusion.--
            (1) In general.--A covered project shall be categorically 
        excluded from the requirement to prepare an environmental 
        assessment or an environmental impact statement under section 
        102 of the National Environmental Policy Act of 1969 (42 U.S.C. 
        4332).
            (2) Relation to extraordinary circumstances procedures.--
        The use of the categorical exclusion under paragraph (1) shall 
        not be considered to include extraordinary circumstances under 
        section 220.6 of title 36, Code of Federal Regulations, or 
        section 1508.4 of title 40, Code of Federal Regulations (or any 
        successor to those regulations).
    (b) National Historic Preservation Act Exemption.--A covered 
project shall not be considered an undertaking under section 300320 of 
title 54, United States Code.
    (c) Definitions.--In this Act:
            (1) Communications facility.--The term ``communications 
        facility'' includes--
                    (A) any wireless or wireline infrastructure for the 
                transmission of writing, signs, signals, data, images, 
                pictures, or sounds of all kinds;
                    (B) any transmitting device, tower, or support 
                structure, and any equipment, switches, wiring, 
                cabling, power sources, shelters, or cabinets, 
                associated with the provision of communications 
                services; and
                    (C) any antenna or apparatus that--
                            (i) is designed for the purpose of emitting 
                        radio frequency;
                            (ii) is designed to be operated, or is 
                        operating, from a fixed location; and
                            (iii) is added to a tower, building, or 
                        other structure.
            (2) Communications service.--The term ``communications 
        service'' means a service for the transmission of writing, 
        signs, signals, data, images, pictures, or sounds of all kinds.
            (3) Covered project.--The term ``covered project'' means a 
        project that--
                    (A) is to be carried out entirely within an area 
                for which a Governor has declared a major disaster or 
                an emergency related to a wildfire;
                    (B) is to be carried out not later than 5 years 
                after the date the Governor made such declaration; and
                    (C) replaces a communications facility damaged by 
                such disaster or emergency or makes improvements to a 
                communications facility in such area that could 
                reasonably be considered as necessary for recovery from 
                such disaster or emergency or to prevent or mitigate 
                future disasters or emergencies.
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