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.