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.

This section exempts any federal agency action related to an infill housing activity from being 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)). (Thus, such actions are not subject to environmental impact statement requirements.) The section defines "infill housing" as residential housing on a site that (1) is vacant or underutilized and previously developed with an urban use; (2) is no larger than 20 acres; (3) has at least 75% of its perimeter adjoining an urban-developed parcel or at least 75% of the area within 1/4-mile of its boundary developed with urban uses; (4) has undergone a Phase I Environmental Site Assessment (and Phase II if indicated) under specified standards, with any identified releases of hazardous substances, pollutants/contaminants, petroleum, or petroleum products remediated to standards under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.); and (5) is not within a census tract designated by FEMA as very high or relatively high risk for wildfire, coastal flooding, or riverine flooding. "Infill housing activity" means the acquisition or disposition of land/property, demolition of non-historic structures, construction/reconstruction/rehabilitation/development of infill housing, or conversion of non-residential buildings to infill housing. "Urban use" means residential, commercial, industrial, public institutional, transit/transportation passenger facility, retail, or combinations thereof.