HR5085-119

What This Bill Does

This bill creates a National Environmental Policy Act exemption for federal actions related to infill housing. A federal action tied to an infill housing activity may not be treated as a major federal action requiring an environmental impact statement. The exemption is limited to residential housing on vacant or underused previously developed urban sites no larger than 20 acres, surrounded largely by existing urban uses or located in an already developed quarter-mile area. The site must complete a Phase I environmental site assessment and, if contamination indicators are found, a Phase II assessment that either finds no release or confirms remediation to CERCLA standards. The site also cannot be in a census tract designated very high or relatively high risk for wildfire, coastal flooding, or riverine flooding under FEMA's National Risk Index. Covered activities include acquisition, disposition, demolition of nonhistoric structures, construction, reconstruction, rehabilitation, development, or conversion of nonresidential buildings into infill housing.

Who Benefits and How

Infill housing developers benefit because qualifying projects avoid NEPA major-federal-action review. Local housing agencies benefit because federal actions supporting eligible infill projects can move faster. Urban communities with vacant developed parcels benefit if housing projects face fewer federal review delays. Transit-oriented housing advocates benefit from a narrower review path for residential projects in already developed areas.

Who Bears the Burden and How

Environmental review offices lose NEPA leverage over qualifying infill housing actions. Community groups concerned about site impacts may have fewer federal review opportunities for eligible projects. Developers must still pay for Phase I and sometimes Phase II environmental site assessments and remediation. Federal agencies must verify site size, prior development, urban perimeter, contamination, and FEMA risk criteria.

Key Provisions

• Exempts qualifying federal infill housing actions from NEPA major-federal-action treatment.
• Limits eligible sites to previously developed or highly urban-adjacent parcels no larger than 20 acres.
• Requires Phase I environmental site assessment and Phase II review or remediation when contamination indicators exist.
• Blocks exemption for sites in high wildfire, coastal flooding, or riverine flooding risk census tracts.
• Covers acquisition, demolition, construction, rehabilitation, development, and conversion activities.