I 
118TH CONGRESS 
1ST SESSION H. R. 3296 
To provide that construction, rebuilding, or hardening of communications 
facilities following a major disaster or an emergency related to a wildfire 
is not subject to requirements to prepare certain environmental or histor-
ical preservation reviews. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 15, 2023 
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 disaster or 
an emergency related to a wildfire is not subject to 
requirements to prepare certain environmental or histor-
ical preservation reviews. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Wildfire Communica-
tions Resiliency Act’’. 
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SEC. 2. APPLICATION OF NEPA AND NHPA TO COVERED 
COMMUNICATIONS PROJECTS. 
(a) NEPA EXEMPTION.—A Federal authorization 
with respect to a covered project may not be considered 
a major Federal action under section 102(2)(C) of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)). 
(b) NATIONAL HISTORIC PRESERVATION ACT EX-
EMPTION.—A covered project may not be considered an 
undertaking under section 300320 of title 54, United 
States Code. 
(c) DEFINITIONS.—In this section: 
(1) CHIEF EXECUTIVE.—The term ‘‘Chief Ex-
ecutive’’ has the meaning given such term in section 
102 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5122). 
(2) COMMUNICATIONS
FACILITY.—The term 
‘‘communications facility’’ has the meaning given the 
term ‘‘communications facility installation’’ in sec-
tion 6409(d) of the Middle Class Tax Relief and Job 
Creation Act of 2012 (47 U.S.C. 1455(d)). 
(3) COVERED
PROJECT.—The term ‘‘covered 
project’’ means a project that— 
(A) is to be carried out entirely within an 
area for which the President, the Governor of 
a State, or the Chief Executive of an Indian 
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tribal government 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 on which the President, 
Governor, or Chief Executive made such dec-
laration; and 
(C) replaces a communications facility 
damaged by such disaster or emergency or 
makes improvements to a communications facil-
ity in such area that could reasonably be con-
sidered as necessary for recovery from such dis-
aster or emergency or to prevent or mitigate 
any future disaster or emergency. 
(4) 
EMERGENCY.—The 
term 
‘‘emergency’’ 
means— 
(A) in the case of an emergency declared 
by the President, an emergency declared by the 
President under section 501 of the Robert T. 
Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5191); and 
(B) in the case of an emergency declared 
by the Governor of a State or the Chief Execu-
tive of an Indian tribal government, any occa-
sion or instance with respect to which the Gov-
ernor or Chief Executive declares that an emer-
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gency exists (or makes a similar declaration) 
under State or Tribal law (as the case may be). 
(5) 
FEDERAL
AUTHORIZATION.—The 
term 
‘‘Federal authorization’’— 
(A) means any authorization required 
under Federal law with respect to a covered 
project; and 
(B) includes any permits, special use au-
thorizations, certifications, opinions, or other 
approvals as may be required under Federal law 
with respect to a covered project. 
(6) GOVERNOR.—The term ‘‘Governor’’ means 
the chief executive of any State. 
(7) INDIAN TRIBAL GOVERNMENT.—The term 
‘‘Indian tribal government’’ has the meaning given 
such term in section 102 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122). 
(8) MAJOR DISASTER.—The term ‘‘major dis-
aster’’ means— 
(A) in the case of a major disaster de-
clared by the President, a major disaster de-
clared by the President under section 401 of 
the Robert T. Stafford Disaster Relief and 
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Emergency Assistance Act (42 U.S.C. 5170); 
and 
(B) in the case of a major disaster de-
clared by the Governor of a State or the Chief 
Executive of an Indian tribal government, any 
occasion or instance with respect to which the 
Governor or Chief Executive declares that a dis-
aster exists (or makes a similar declaration) 
under State or Tribal law (as the case may be). 
(9) STATE.—The term ‘‘State’’ means each 
State of the United States, the District of Columbia, 
and each territory or possession of the United 
States. 
Æ 
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