[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5085 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 5085
To exempt Federal actions related to the construction of infill housing
from the requirements of the National Environmental Policy Act of 1969,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 2, 2025
Ms. Friedman (for herself, Mr. Edwards, Mr. Peters, and Mr. Torres of
New York) introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on
Transportation and Infrastructure, 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 exempt Federal actions related to the construction of infill housing
from the requirements of the National Environmental Policy Act of 1969,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. EXEMPTION OF FEDERAL ACTIONS RELATED TO THE CONSTRUCTION OF
INFILL HOUSING FROM THE REQUIREMENTS OF THE NATIONAL
ENVIRONMENTAL POLICY ACT OF 1969.
(a) Exemption.--An action by a Federal agency related to an infill
housing activity 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) Definitions.--In this section:
(1) Hazardous substance; pollutant or contaminant; release;
remedial action.--The terms ``hazardous substance'',
``pollutant or contaminant'', ``release'', and ``remedial
action'' have the meanings given such terms, respectively, in
section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
(2) Infill housing.--The term ``Infill housing'' means
residential housing--
(A) that is located on a site--
(i) that is vacant or underutilized;
(ii) that has been previously developed
with an urban use;
(iii) that is not larger than 20 acres;
(iv)(I) at least 75 percent of the
perimeter of which adjoins a parcel that was
developed with an urban use; or
(II) at least 75 percent of the area within
a 1/4-mile from the exterior boundary of which
is developed with an urban use; and
(v) that has undergone a Phase I
Environmental Site Assessment in accordance
with the applicable industry standards
described in section 312.11 of title 40, Code
of Federal Regulations, (or any successor
regulation) and, if the Phase I Environmental
Site Assessment identified conditions
indicative of a release or threatened release
of a hazardous substance, a pollutant or
contaminant, petroleum, or a petroleum product,
the site has undergone a Phase II Environmental
Site Assessment in accordance with ASTM E1903-
19 (as in effect on the date of enactment of
this section) that--
(I) did not show a release of a
hazardous substance, a pollutant or
contaminant, petroleum, or a petroleum
product; or
(II) shows a release of a hazardous
substance, pollutant or contaminant,
petroleum, or a petroleum product, but
the site has been remediated to the
standard applicable to a remedial
action under the Comprehensive
Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C.
9601 et seq.); and
(B) that is not located on a site within a census
tract designated as very high or relatively high risk
for wildfire, coastal flooding, and riverine flooding
under the National Risk Index of the Federal Emergency
Management Agency pursuant to section 206 of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5136).
(3) Infill housing activity.--The term ``infill housing
activity'' means--
(A) the acquisition or disposition of land or
property for the development of infill housing;
(B) the demolition of property (not including a
historic structure designated on a national, State, or
local historic register) for the construction,
reconstruction, rehabilitation, or development of
infill housing;
(C) the construction, reconstruction,
rehabilitation, or development of infill housing; or
(D) the conversion of a non-residential building
into infill housing.
(4) Urban use.--The term ``urban use'' means any
residential use, commercial use, industrial use, public
institutional use, transit or transportation passenger facility
use, retail use, or any combination of such uses.
SEC. 2. NATURAL HAZARD RISK ASSESSMENT UPDATES.
Section 206(d)(1) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5136(d)(1)) is amended by striking
``every 5 years'' and inserting ``every 3 years''.
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