[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.
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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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