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) 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)). (2) Covered project 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 (42 U.S.C. 5121 et seq.); (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 as necessary for recovery from such disaster or emergency or to prevent or mitigate any future disaster or emergency. (3) 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.