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 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Wildfire Wireless Re5 siliency Act’’. 


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1 SEC. 2. APPLICATION OF NEPA AND NHPA TO COVERED 

2 COMMUNICATIONS PROJECTS. 

3 (a) NEPA CATEGORICAL EXCLUSION.— 

4 (1) IN GENERAL.—A covered project shall be 

5 categorically excluded from the requirement to pre6 pare an environmental assessment or an environ7 mental impact statement under section 102 of the 

8 National Environmental Policy Act of 1969 (42 

9 U.S.C. 4332). 

10 (2) RELATION TO EXTRAORDINARY CIR11 CUMSTANCES PROCEDURES.—The use of the cat12 egorical exclusion under paragraph (1) shall not be 

13 considered to include extraordinary circumstances 

14 under section 220.6 of title 36, Code of Federal 

15 Regulations, or section 1508.4 of title 40, Code of 

16 Federal Regulations (or any successor to those regu17 lations). 

18 (b) NATIONAL HISTORIC PRESERVATION ACT EX19 EMPTION.—A covered project shall not be considered an 

20 undertaking under section 300320 of title 54, United 

21 States Code. 

22 (c) DEFINITIONS.—In this Act: 

23 (1) COMMUNICATIONS FACILITY.—The term 

24 ‘‘communications facility’’ includes— 


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1 (A) any wireless or wireline infrastructure 

2 for the transmission of writing, signs, signals, 

3 data, images, pictures, or sounds of all kinds; 

4 (B) any transmitting device, tower, or sup5 port structure, and any equipment, switches, 

6 wiring, cabling, power sources, shelters, or cabi7 nets, associated with the provision of commu8 nications services; and 

9 (C) any antenna or apparatus that— 

10 (i) is designed for the purpose of 

11 emitting radio frequency; 

12 (ii) is designed to be operated, or is 

13 operating, from a fixed location; and 

14 (iii) is added to a tower, building, or 

15 other structure. 

16 (2) COMMUNICATIONS SERVICE.—The term 

17 ‘‘communications service’’ means a service for the 

18 transmission of writing, signs, signals, data, images, 

19 pictures, or sounds of all kinds. 

20 (3) COVERED PROJECT.—The term ‘‘covered 

21 project’’ means a project that— 

22 (A) is to be carried out entirely within an 

23 area for which a Governor has declared a major 

24 disaster or an emergency related to a wildfire; 


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1 (B) is to be carried out not later than 5 

2 years after the date the Governor made such 

3 declaration; and 

4 (C) replaces a communications facility 

5 damaged by such disaster or emergency or 

6 makes improvements to a communications facil7 ity in such area that could reasonably be con8 sidered as necessary for recovery from such dis9 aster or emergency or to prevent or mitigate fu10 ture disasters or emergencies. 

Æ 


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