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.