I 
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 Com-
mittee on Natural Resources, and in addition to the Committee on Trans-
portation 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 En-
vironmental Policy Act of 1969, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. EXEMPTION OF FEDERAL ACTIONS RELATED 
TO THE CONSTRUCTION OF INFILL HOUSING 
FROM THE REQUIREMENTS OF THE NA-
TIONAL ENVIRONMENTAL POLICY ACT OF 
1969. 
(a) EXEMPTION.—An action by a Federal agency re-
lated to an infill housing activity may not be considered 
a major Federal action under section 102(2)(C) of the Na-
tional 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 con-
taminant’’, ‘‘release’’, and ‘‘remedial action’’ have 
the meanings given such terms, respectively, in sec-
tion 101 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601). 
(2) INFILL HOUSING.—The term ‘‘Infill hous-
ing’’ 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; 
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(iv)(I) at least 75 percent of the pe-
rimeter 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 bound-
ary of which is developed with an urban 
use; and 
(v) that has undergone a Phase I En-
vironmental Site Assessment in accordance 
with the applicable industry standards de-
scribed in section 312.11 of title 40, Code 
of Federal Regulations, (or any successor 
regulation) and, if the Phase I Environ-
mental Site Assessment identified condi-
tions indicative of a release or threatened 
release of a hazardous substance, a pollut-
ant or contaminant, petroleum, or a petro-
leum 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 
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contaminant, petroleum, or a petro-
leum product; or 
(II) shows a release of a haz-
ardous substance, pollutant or con-
taminant, petroleum, or a petroleum 
product, but the site has been remedi-
ated to the standard applicable to a 
remedial action under the Comprehen-
sive Environmental Response, Com-
pensation, 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 rel-
atively 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 As-
sistance 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 includ-
ing a historic structure designated on a na-
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tional, State, or local historic register) for the 
construction, reconstruction, rehabilitation, or 
development of infill housing; 
(C) the construction, reconstruction, reha-
bilitation, 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’’. 
Æ 
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