Wildfire Wireless Resiliency Act

I 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 Com- mittee 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 categori- cally excluded from the requirement to prepare certain environmental or historical preservation reviews. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Wildfire Wireless Re- 4 siliency Act’’. 5 VerDate Sep 11 2014 21:48 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7373.IH H7373 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7373 IH SEC. 2. APPLICATION OF NEPA AND NHPA TO COVERED 1 COMMUNICATIONS PROJECTS. 2 (a) NEPA CATEGORICAL EXCLUSION.— 3 (1) IN GENERAL.—A covered project shall be 4 categorically excluded from the requirement to pre- 5 pare an environmental assessment or an environ- 6 mental impact statement under section 102 of the 7 National Environmental Policy Act of 1969 (42 8 U.S.C. 4332). 9 (2) RELATION TO EXTRAORDINARY CIR- 10 CUMSTANCES PROCEDURES.—The use of the cat- 11 egorical exclusion under paragraph (1) shall not be 12 considered to include extraordinary circumstances 13 under section 220.6 of title 36, Code of Federal 14 Regulations, or section 1508.4 of title 40, Code of 15 Federal Regulations (or any successor to those regu- 16 lations). 17 (b) NATIONAL HISTORIC PRESERVATION ACT EX- 18 EMPTION.—A covered project shall not be considered an 19 undertaking under section 300320 of title 54, United 20 States Code. 21 (c) DEFINITIONS.—In this Act: 22 (1) COMMUNICATIONS FACILITY.—The term 23 ‘‘communications facility’’ includes— 24 VerDate Sep 11 2014 21:48 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7373.IH H7373 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7373 IH (A) any wireless or wireline infrastructure 1 for the transmission of writing, signs, signals, 2 data, images, pictures, or sounds of all kinds; 3 (B) any transmitting device, tower, or sup- 4 port structure, and any equipment, switches, 5 wiring, cabling, power sources, shelters, or cabi- 6 nets, associated with the provision of commu- 7 nications services; and 8 (C) any antenna or apparatus that— 9 (i) is designed for the purpose of 10 emitting radio frequency; 11 (ii) is designed to be operated, or is 12 operating, from a fixed location; and 13 (iii) is added to a tower, building, or 14 other structure. 15 (2) COMMUNICATIONS SERVICE.—The term 16 ‘‘communications service’’ means a service for the 17 transmission of writing, signs, signals, data, images, 18 pictures, or sounds of all kinds. 19 (3) COVERED PROJECT.—The term ‘‘covered 20 project’’ means a project that— 21 (A) is to be carried out entirely within an 22 area for which a Governor has declared a major 23 disaster or an emergency related to a wildfire; 24 VerDate Sep 11 2014 21:48 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7373.IH H7373 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7373 IH (B) is to be carried out not later than 5 1 years after the date the Governor made such 2 declaration; and 3 (C) replaces a communications facility 4 damaged by such disaster or emergency or 5 makes improvements to a communications facil- 6 ity in such area that could reasonably be con- 7 sidered as necessary for recovery from such dis- 8 aster or emergency or to prevent or mitigate fu- 9 ture disasters or emergencies. 10 Æ VerDate Sep 11 2014 21:48 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H7373.IH H7373 pbinns on DSKJLVW7X2PROD with BILLS