H.R. 5085

[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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