A BILL
To provide that construction, rebuilding, or hardening of communications facilities following a major emergency declared by a Governor relating to a wildfire are not subject to requirements to prepare certain environmental or historical preservation reviews.
This Act may be cited as the “Wildfire Wireless Resiliency Act”.
Sec. 2
Application of NEPA and NHPA to covered communications projects
(a)
NEPA exemption— A covered project shall not be subject to the requirements of 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 shall not be considered an undertaking under
section 300320 of title 54, United States Code.
(c)
Definitions— In this section:
(1)
Communications facility— The term communications facility includes—
(A)
any wireless or wireline infrastructure for the transmission of writing, sign, signal, data, image, picture, or sound of any kind;
(B)
any transmitting device, tower, or support structure, and any equipment, switch, wiring, cabling, power source, shelter, or cabinet, 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 any writing, sign, signal, data, image, picture, or sound of any kind.
(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 any future disaster or emergency.