Wildfire Communications Resiliency Act
The Wildfire Communications Resiliency Act would exempt certain wildfire- and disaster-related upgrades to communications facilities from two major federal review regimes: the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA). Specifically, a so-called “covered project”—construction, rebuilding, or hardening of communications facilities—would not be treated as a major Federal action under NEPA, nor as an undertaking under NHPA. The goal is to speed up recovery and resilience work in areas hit by wildfires or declared major disasters by reducing regulatory delay, while focusing on projects that restore or strengthen communications infrastructure within five years of a disaster declaration. The bill defines what counts as a covered project and sets out key terms (such as what constitutes an emergency, a major disaster, and a Federal authorization). It applies to projects carried out entirely within the disaster area, within five years of the declaration, that replace or upgrade facilities to aid recovery or mitigate future events. The exemptions cover federal authorizations (permits, certifications, opinions, etc.) necessary for these projects and extend to communications facilities as defined by existing law. The sponsor identified in the text is Representative Bentz, and the bill was introduced in the 119th Congress.
Key Points
- 1NEPA exemption: A federal authorization for a covered project may not be considered a major Federal action under NEPA, effectively skipping environmental review for these projects.
- 2NHPA exemption: A covered project may not be considered an undertaking under NHPA, avoiding certain historic preservation reviews.
- 3Covered project criteria: Projects that replace or improve a damaged communications facility or make improvements necessary for recovery or future disaster mitigation, located entirely within a disaster/emergency area, and undertaken within five years of the declaration.
- 4Timeframe: The exemption applies to projects beginning or completed within five years after the disaster or wildfire-related emergency declaration.
- 5Definitions and scope: The bill provides definitions for key terms (Chief Executive, communications facility, emergency, major disaster, Federal authorization, State, Indian tribal government, etc.) and ties the scope to declarations by the President, a State Governor, or a tribal Chief Executive, and to the use of a "communications facility" as defined in existing law (including the 2012 Middle Class Tax Relief and Job Creation Act references).