I 

117TH CONGRESS 

1ST SESSION H. R. 1073 

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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2021 

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 are not 

subject to requirements 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’’. 

2 

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

2 COMMUNICATIONS PROJECTS. 

3 (a) NEPA EXEMPTION.—A covered project shall not 

4 be subject to the requirements of section 102(2)(C) of the 

5 National Environmental Policy Act of 1969 (42 U.S.C. 

6 4332(2)(C)). 

7 (b) NATIONAL HISTORIC PRESERVATION ACT EX8 EMPTION.—A covered project shall not be considered an 

9 undertaking under section 300320 of title 54, United 

10 States Code. 

11 (c) DEFINITIONS.—In this section: 

12 (1) COMMUNICATIONS FACILITY.—The term 

13 ‘‘communications facility’’ includes— 

14 (A) any wireless or wireline infrastructure 

15 for the transmission of writing, sign, signal, 

16 data, image, picture, or sound of any kind; 

17 (B) any transmitting device, tower, or sup18 port structure, and any equipment, switch, wir19 ing, cabling, power source, shelter, or cabinet, 

20 associated with the provision of communications 

21 services; and 

22 (C) any antenna or apparatus that— 

23 (i) is designed for the purpose of 

24 emitting radio frequency; 

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

26 operating, from a fixed location; and 

3 

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

2 other structure. 

3 (2) COMMUNICATIONS SERVICE.—The term 

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

5 transmission of any writing, sign, signal, data, 

6 image, picture, or sound of any kind. 

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

8 project’’ means a project that— 

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

10 area for which a Governor has declared a major 

11 disaster or an emergency related to a wildfire; 

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

13 years after the date the Governor made such 

14 declaration; and 

15 (C) replaces a communications facility 

16 damaged by such disaster or emergency or 

17 makes improvements to a communications facil18 ity in such area that could reasonably be con19 sidered as necessary for recovery from such dis20 aster or emergency or to prevent or mitigate 

21 any future disaster or emergency. 

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