[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3296 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3296

       To provide that construction, rebuilding, or hardening of 
 communications facilities following a major disaster or an emergency 
related to a wildfire is not subject to requirements to prepare certain 
           environmental or historical preservation reviews.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2023

  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 disaster or an emergency 
related to a wildfire is not subject to requirements 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 Communications Resiliency 
Act''.

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

    (a) NEPA Exemption.--A Federal authorization with respect to a 
covered project may not be considered a major Federal action under 
section 102(2)(C) of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)(C)).
    (b) National Historic Preservation Act Exemption.--A covered 
project may not be considered an undertaking under section 300320 of 
title 54, United States Code.
    (c) Definitions.--In this section:
            (1) Chief executive.--The term ``Chief Executive'' has the 
        meaning given such term in section 102 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5122).
            (2) Communications facility.--The term ``communications 
        facility'' has the meaning given the term ``communications 
        facility installation'' in section 6409(d) of the Middle Class 
        Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(d)).
            (3) Covered project.--The term ``covered project'' means a 
        project that--
                    (A) is to be carried out entirely within an area 
                for which the President, the Governor of a State, or 
                the Chief Executive of an Indian tribal government 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 on which the President, Governor, or 
                Chief Executive 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 
                any future disaster or emergency.
            (4) Emergency.--The term ``emergency'' means--
                    (A) in the case of an emergency declared by the 
                President, an emergency declared by the President under 
                section 501 of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5191); and
                    (B) in the case of an emergency declared by the 
                Governor of a State or the Chief Executive of an Indian 
                tribal government, any occasion or instance with 
                respect to which the Governor or Chief Executive 
                declares that an emergency exists (or makes a similar 
                declaration) under State or Tribal law (as the case may 
                be).
            (5) Federal authorization.--The term ``Federal 
        authorization''--
                    (A) means any authorization required under Federal 
                law with respect to a covered project; and
                    (B) includes any permits, special use 
                authorizations, certifications, opinions, or other 
                approvals as may be required under Federal law with 
                respect to a covered project.
            (6) Governor.--The term ``Governor'' means the chief 
        executive of any State.
            (7) Indian tribal government.--The term ``Indian tribal 
        government'' has the meaning given such term in section 102 of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5122).
            (8) Major disaster.--The term ``major disaster'' means--
                    (A) in the case of a major disaster declared by the 
                President, a major disaster declared by the President 
                under section 401 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5170); 
                and
                    (B) in the case of a major disaster declared by the 
                Governor of a State or the Chief Executive of an Indian 
                tribal government, any occasion or instance with 
                respect to which the Governor or Chief Executive 
                declares that a disaster exists (or makes a similar 
                declaration) under State or Tribal law (as the case may 
                be).
            (9) State.--The term ``State'' means each State of the 
        United States, the District of Columbia, and each territory or 
        possession of the United States.
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