119-hr5085

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5085 Introduced in House

    (IH) ]

<DOC>

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''.
 <all>