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Wildfire Communications Resiliency Act This bill exempts certain post-wildfire communications infrastructure projects from specified federal environmental and historic preservation review requirements. Specifically, the bill exempts from review projects that (1) are to be carried out within five years of the declaration of a wildfire-related major disaster or emergency in a given area; (2) are to be carried out entirely within the area for which the major disaster or emergency was declared; and (3) will replace a communications facility damaged by the major disaster or emergency, or make improvements to a communications facility that are necessary for recovery or to prevent or mitigate a future major disaster or emergency. To qualify under the bill, a major disaster or emergency must have been declared by the President, a state governor, or a tribal chief executive. The bill specifies that these projects are not considered major federal actions under the National Environmental Policy Act of 1969 or undertakings under the National Historic Preservation Act, thus exempting such projects from the review procedures required under those acts.
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Full Bill Text
119 HR 1655 IH: Wildfire Communications Resiliency Act U.S. House of Representatives 2025-02-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. I 119th CONGRESS 1st Session H. R. 1655 IN THE HOUSE OF REPRESENTATIVES February 27, 2025 Mr. Bentz 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 disaster or an emergency related to a wildfire is not subject to requirements to prepare certain environmental or historical preservation reviews. 1. Short title This Act may be cited as the Wildfire Communications Resiliency Act . 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 National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (b) National Historic Preservation Act exemption 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 Executive 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 section 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 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 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. (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 Assistance Act ( 42 U.S.C. 5191 ); and (B) in the case of an emergency declared 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 an emergency 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 authorizations, 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 disaster means— (A) in the case of a major disaster declared by the President, a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); and (B) in the case of a major disaster declared 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 disaster 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.
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