Sponsors
Last progress June 12, 2025 (8 months ago)
Introduced on June 12, 2025 by Neal Patrick Dunn
Exempts certain communications recovery projects done after disasters or emergencies from two federal review requirements: the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA). It defines what counts as a covered communications facility and a covered project (including a 5‑year window after a disaster or emergency) and treats federal authorizations for those projects as not being a "major Federal action" or an "undertaking" for purposes of those laws. The practical effect is to speed repair and replacement of communications infrastructure following disasters by removing the need for the usual environmental impact assessments and historic-preservation consultations tied to federal approvals for those specific recovery projects.
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.
A covered project may not be considered an undertaking under section 300320 of title 54, United States Code (provision of the National Historic Preservation Act referenced in the section).
The term “communications facility” has the meaning given in section 6409(d) of the Middle Class Tax Relief and Job Creation Act of 2012.
The term “covered project” means a project that (A) is to be carried out within an area for which the President has declared a major disaster or an emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (B) is to be carried out not later than 5 years after the date on which the President 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 necessary for recovery or to prevent or mitigate future disasters or emergencies.
The term “Federal authorization” means any authorization required under Federal law with respect to a covered project and includes permits, special use authorizations, certifications, opinions, or other approvals required under Federal law for a covered project.
Who is affected and how:
Telecommunications and broadband service providers: Benefit directly through faster federal approvals for repair and replacement work after disasters; reduced permitting time can speed service restoration and reduce costs tied to delay.
Emergency communications centers and public safety telecommunicators (including 9‑1‑1 systems): Stand to gain quicker restoration of critical communications infrastructure, improving public-safety response and continuity.
Federal agencies that issue authorizations (e.g., permitting or funding agencies): Face reduced NEPA and NHPA procedural obligations for qualifying projects, shortening review timelines but also changing their oversight responsibilities.
State and local governments: May see faster infrastructure repair within their jurisdictions but could lose a federal review step that previously surfaced environmental, cultural, or community concerns; state/local review processes (if any) will play a larger role.
Tribal governments and historic-preservation stakeholders: Could be adversely affected where qualifying projects impact cultural sites or historic properties, because NHPA consultation requirements would not apply to covered projects under federal authorization.
Environmental and historic-preservation organizations and concerned community members: Will have fewer statutory opportunities to require or trigger environmental-impact analysis or formal NHPA consultation for covered recovery projects, potentially reducing transparency and mitigation measures.
Contractors and emergency response vendors: Likely to experience faster project starts and clearer timelines for eligible recovery work.
Net effect: The legislation speeds disaster recovery of communications infrastructure by removing two major federal procedural barriers for narrowly defined projects, benefiting service providers and emergency communications while reducing federal environmental and historic-preservation oversight and potentially increasing risks to sensitive resources or community interests. Implementation questions (e.g., what qualifies as a covered project or federal authorization) could drive litigation or administrative disputes.
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.