[House Report 119-181]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-181
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UNDERSEA CABLE PROTECTION ACT OF 2025
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July 2, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Westerman, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 261]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 261) to amend the National Marine Sanctuaries
Act to prohibit requiring an authorization for the
installation, continued presence, operation, maintenance,
repair, or recovery of undersea fiber optic cables in a
national marine sanctuary if such activities have previously
been authorized by a Federal or State agency, having considered
the same, reports favorably thereon with amendments and
recommends that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Undersea Cable Protection Act of
2025''.
SEC. 2. PROHIBITION ON PROHIBITING, OR REQUIRING PERMITS OR OTHER
AUTHORIZATIONS FOR, UNDERSEA FIBER OPTIC CABLES AUTHOR-
IZED BY A FEDERAL OR STATE AGENCY.
The National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) is
amended by inserting after section 310 the following:
``SEC. 310A. PROHIBITION ON PROHIBITING, OR REQUIRING PERMITS OR OTHER
AUTHORIZATIONS FOR, UNDERSEA FIBER OPTIC CABLES AUTHOR-
IZED BY A FEDERAL OR STATE AGENCY.
``(a) In General.--Notwithstanding any other provision of this Act,
the Secretary may not prohibit, or require any permit, including any
special use permit, or other authorization for, the installation,
continued presence, operation, maintenance, repair, or recovery of
undersea fiber optic cables in a national marine sanctuary if a
license, lease, or permit has been issued by a Federal or State agency,
and is in effect, authorizing such installation, continued presence,
operation, maintenance, repair, or recovery.
``(b) Interagency Cooperation.--Nothing in this section shall be
construed as altering existing requirements regarding interagency
cooperation under section 304(d) in any Federal agency action described
in that section and involving the installation, continued presence,
operation, maintenance, repair, or recovery of undersea fiber optic
cables in a national marine sanctuary.''.
SEC. 3. REMOVING RESTRICTIONS ON ACTIVITIES COVERED BY SANCTUARY
SPECIAL USE PERMITS.
Section 310(c) of National Marine Sanctuaries Act (16 U.S.C. 1441(c))
is amended--
(1) in paragraph (1), by adding ``and'' at the end;
(2) by striking paragraphs (2) and (3); and
(3) by redesignating paragraph (4) as paragraph (2).
Amend the title so as to read:
A bill to amend the National Marine Sanctuaries Act to
prohibit the Secretary of Commerce from prohibiting, or
requiring any permit or other authorization for, the
installation, continued presence, operation, maintenance,
repair, or recovery of undersea fiber optic cables in a
national marine sanctuary if such activities have been
authorized by a Federal or State agency.
Purpose of the Legislation
The purpose of H.R. 261, as ordered reported, is to amend
the National Marine Sanctuaries Act to prohibit the Secretary
of Commerce from prohibiting, or requiring any permit or other
authorization for, the installation, continued presence,
operation, maintenance, repair, or recovery of undersea fiber
optic cables in a national marine sanctuary if such activities
have been authorized by a Federal or State agency.
Background and Need for Legislation
Undersea cables have been used for more than 170 years\1\
and are largely responsible for the growth of international
telecommunications systems in recent decades. The current
undersea cable network connects every continent except
Antarctica and ``carries about 95% of intercontinental global
internet traffic, and 99% of transoceanic digital
communications . . . including trillions in international
financial transactions daily.''\2\ The Federal Communications
Commission (FCC) grants cable landing licenses for 25 years.
However, like many other types of projects, the process to
site, install, and approve these cables typically involves
numerous agencies at the federal, state, and local levels.
Under the National Marine Sanctuary Act (NMSA), the National
Oceanic and Atmospheric Administration has the authority to
issue Special Use Permits (SUPs) for certain categories of
activities within a national marine sanctuary, if it is
determined that the activity is needed to establish access to
its resources or ``promote public use and understanding of a
sanctuary resource.'' SUPs can often take years to acquire and
can come with additional burdens and costs. Additionally, it
has been noted that over the last 20 years, no new cables have
been constructed within national marine sanctuaries due to
regulatory burdens, including the SUP process.\3\
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\1\Congressional Research Service. Undersea Telecommunication
Cables: Technology Overview and Issues for Congress. September 13,
2022. https://crsreports.congress.gov/product/pdf/R/R47237.
\2\Id.
\3\Comments of the North American Submarine Cable Association.
National Oceanic and Atmospheric Administration. Notice of Modification
to the Special Use Permit (SUP) Category for the Continued Presence of
Commercial Submarine Cables within the National Marine Sanctuary
System. October 1, 2024. https://www.regulations.gov/comment/NOAA-NOS-
2024-0089-0007.
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H.R. 261, as amended, addresses this issue by prohibiting
the Secretary of Commerce from requiring any additional permit
or authorization for an undersea cable in a sanctuary,
including a SUP. Additionally, the bill removes the five-year
timeline for SUPs in order to allow for broader activities
within national marine sanctuaries.
Committee Action
H.R. 261 was introduced on January 9, 2025, by Rep. Earl L.
``Buddy'' Carter (R-GA). The bill was referred to the Committee
on Natural Resources, and within the Committee to the
Subcommittee on Water, Wildlife and Fisheries. On January 23,
2025, the Subcommittee on Water, Wildlife and Fisheries held a
hearing on the bill. On June 25, 2025, the Committee on Natural
Resources met to consider the bill. The Subcommittee on Water,
Wildlife and Fisheries was discharged from further
consideration of H.R. 261 by unanimous consent. Chairman Bruce
Westerman (R-AR) offered an Amendment in the Nature of a
Substitute designated Westerman_022 ANS. The Amendment in the
Nature of a Substitute was agreed to by voice vote. Ranking
Member Jared Huffman (D-CA) offered an amendment to the
Amendment in the Nature of a Substitute designated Huffman #1.
The amendment was not agreed to by a roll call vote of 18 yeas
to 25 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The bill, as amended, was ordered favorably reported to the
House of Representatives by a roll call vote of 25 yeas to 18
nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Water, Wildlife and Fisheries
held on January 23, 2025.
Section-by-Section Analysis
Section 1. Short title
This Act may be cited as the ``Undersea Cable Protection
Act of 2025.''
Section 2. Prohibition on prohibiting, or requiring permits or other
authorizations for, undersea fiber optic cables authorized by a
Federal or State agency.
Prohibits the Secretary of Commerce from prohibiting, or
requiring an additional permit (including a special use permit)
for, ``the installation, continued presence, operation,
maintenance, repair, or recovery of undersea fiber optic cables
in a national marine sanctuary'' if the project has been issued
a license, lease, or permit by a Federal or State agency and is
also in effect. This Section also ensures that interagency
cooperation under the NMSA continues.
Section 3. Removing restrictions on activities covered by sanctuary
special use permits.
Removes the five-year timeframe for SUPs for other
activities within national marine sanctuaries.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Performance Goals and Objectives
As required by clause 3(c)(4) of rule XIII, the general
performance goal or objective of this bill, as ordered
reported, is to amend the National Marine Sanctuaries Act to
prohibit the Secretary of Commerce from prohibiting, or
requiring any permit or other authorization for, the
installation, continued presence, operation, maintenance,
repair, or recovery of undersea fiber optic cables in a
national marine sanctuary if such activities have been
authorized by a Federal or State agency.
New Budget Authority, Entitlement Authority, and Tax
Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Congressional Budget Office Estimates
Pursuant to clause 3(d)(1) of House rule XIII, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to the
Congressional Budget Act of 1974.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
The Committee adopts as its own the estimate of the Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Existing Programs
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
NATIONAL MARINE SANCTUARIES ACT
TITLE III--NATIONAL MARINE SANCTUARIES
* * * * * * *
SEC. 310. SPECIAL USE PERMITS.
(a) Issuance of Permits.--The Secretary may issue special use
permits which authorize the conduct of specific activities in a
national marine sanctuary if the Secretary determines such
authorization is necessary--
(1) to establish conditions of access to and use of
any sanctuary resource; or
(2) to promote public use and understanding of a
sanctuary resource.
(b) Public Notice Required.--The Secretary shall provide
appropriate public notice before identifying any category of
activity subject to a special use permit under subsection (a).
(c) Permit Terms.--A permit issued under this section--
(1) shall authorize the conduct of an activity only
if that activity is compatible with the purposes for
which the sanctuary is designated and with protection
of sanctuary resources; and
[(2) shall not authorize the conduct of any activity
for a period of more than 5 years unless renewed by the
Secretary;
[(3) shall require that activities carried out under
the permit be conducted in a manner that does not
destroy, cause the loss of, or injure sanctuary
resources; and]
[(4)] (2) shall require the permittee to purchase and
maintain comprehensive general liability insurance, or
post an equivalent bond, against claims arising out of
activities conducted under the permit and to agree to
hold the United States harmless against such claims.
(d) Fees.--
(1) Assessment and collection.--The Secretary may
assess and collect fees for the conduct of any activity
under a permit issued under this section.
(2) Amount.--The amount of a fee under this
subsection shall be equal to the sum of--
(A) costs incurred, or expected to be
incurred, by the Secretary in issuing the
permit;
(B) costs incurred, or expected to be
incurred, by the Secretary as a direct result
of the conduct of the activity for which the
permit is issued, including costs of monitoring
the conduct of the activity; and
(C) an amount which represents the fair
market value of the use of the sanctuary
resource.
(3) Use of fees.--Amounts collected by the Secretary
in the form of fees under this section may be used by
the Secretary--
(A) for issuing and administering permits
under this section; and
(B) for expenses of managing national marine
sanctuaries.
(4) Waiver or reduction of fees.--The Secretary may
accept in-kind contributions in lieu of a fee under
paragraph (2)(C), or waive or reduce any fee assessed
under this subsection for any activity that does not
derive profit from the access to or use of sanctuary
resources.
(e) Violations.--Upon violation of a term or condition of a
permit issued under this section, the Secretary may--
(1) suspend or revoke the permit without compensation
to the permittee and without liability to the United
States;
(2) assess a civil penalty in accordance with section
307; or
(3) both.
(f) Reports.--Each person issued a permit under this section
shall submit an annual report to the Secretary not later than
December 31 of each year which describes activities conducted
under that permit and revenues derived from such activities
during the year.
(g) Fishing.--Nothing in this section shall be considered to
require a person to obtain a permit under this section for the
conduct of any fishing activities in a national marine
sanctuary.
SEC. 310A. PROHIBITION ON PROHIBITING, OR REQUIRING PERMITS OR OTHER
AUTHORIZATIONS FOR, UNDERSEA FIBER OPTIC CABLES
AUTHORIZED BY A FEDERAL OR STATE AGENCY.
(a) In General.--Notwithstanding any other provision of this
Act, the Secretary may not prohibit, or require any permit,
including any special use permit, or other authorization for,
the installation, continued presence, operation, maintenance,
repair, or recovery of undersea fiber optic cables in a
national marine sanctuary if a license, lease, or permit has
been issued by a Federal or State agency, and is in effect,
authorizing such installation, continued presence, operation,
maintenance, repair, or recovery.
(b) Interagency Cooperation.--Nothing in this section shall
be construed as altering existing requirements regarding
interagency cooperation under section 304(d) in any Federal
agency action described in that section and involving the
installation, continued presence, operation, maintenance,
repair, or recovery of undersea fiber optic cables in a
national marine sanctuary.
* * * * * * *
DISSENTING VIEWS
H.R. 261 would prohibit the National Oceanic and
Atmospheric Administration (NOAA) from requiring any
authorization for the installation, continued presence,
operation, maintenance, repair, or recovery of undersea fiber
optic cables in a National Marine Sanctuary (NMS) if those
activities have been previously approved by other Federal or
State agencies. The bill would remove NOAA's authority under
the National Marine Sanctuaries Act (NMSA) to conduct
environmental review and charge fair market fees for major
infrastructure projects in federally protected marine areas.
The National Marine Sanctuary System is a network of 17
national marine sanctuaries and two marine monuments covering
over 629,000 square miles of marine and Great Lakes waters.\1\
Congress established the system to safeguard America's natural
and cultural marine resources while supporting their
sustainable use. Recreational users frequent sanctuaries for
activities such as boating, kayaking, wildlife viewing, and
recreational fishing that's permitted within approximately 98%
of the sanctuary system.\2\ The sanctuary system generates $8
billion in annual revenue and plays a critical role in
preserving coastal ecosystems.\3\
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\1\NOAA. National Marine Sanctuary System. https://
sanctuaries.noaa.gov/. Last visited on June 20, 2025.
\2\National Marine Sanctuary Foundation. Go Fish: Recreational
Fishing around the National Marine Sanctuary System. https://
marinesanctuary.org/blog/go-fish-recreational-fishing-around-the-
national-marine-sanctuary-system/.
\3\NOAA. Sanctuaries: A Destination for Recreation. https://
sanctuaries.noaa.gov/magazine/1/america-and-ocean-recreation/.
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Under section 310 of the National Marine Sanctuaries Act,
NOAA may issue special use permits (SUPs) for activities within
sanctuaries that are compatible with sanctuary purposes and do
not destroy sanctuary resources. One such activity is the
installation of submarine fiber optic cables, which facilitates
internet access and telecommunications. NOAA conducts
environmental review, assesses applicants' readiness, examines
installation methods, and confirms no alternative location
exists outside the sanctuary. NOAA also considers environmental
impacts and consults with partner agencies and affected tribes.
While ecosystems in some sanctuaries can recover from cable
installation within months or years, cables can potentially
cause long-term impacts that disrupt essential sanctuary
features such as benthic habitat, water quality, and ocean
noise levels.\4\
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\4\NOAA. Guidelines on Best Environmental Practice (BEP) in Cable
Laying and Operation. https://www.gc.noaa.gov/documents/2017/12-
02e_agreement_cables_guidelines.pdf.
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To obtain a permit for cable installation and maintenance,
the Office of National Marine Sanctuaries (ONMS) conducts an
environmental review and consults with partner agencies. The
permit review includes an assessment of applicants'
professional and financial readiness, examination of proposed
installation methods, and confirmation that there is no
alternative location for the cable except through the
sanctuary. ONMS also considers how the project might affect
resources, impact site value and existing uses, and potential
risk mitigation strategies, weighing these factors against the
socioeconomic and security implications of the project.
The need for a thorough review was demonstrated when Meta
attempted to install an undersea cable off the coast of
Tillamook County, Oregon. A drill bit broke during
installation, leaving 1,000 feet of steel pipe on the seafloor
and a spill of 6,500 gallons of drilling fluid. Meta paid less
than $400,000 in damages and fees but abandoned the
equipment.\5\
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\5\Oregon's Public Broadcasting. Ehrlich, April. Amazon's subsea
cable gets approval, but Oregon leaders want more regulation. August
14, 2023.
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This bill would also prevent NOAA from assessing fair
market rents and fees for the use of marine sanctuaries, as is
the practice under current law. Onshore agencies like the
National Park Service and Bureau of Land Management charge rent
for telecommunications rights-of-way,\6\ but this bill would
exempt companies from paying fair compensation for the use of
public resources. The bill would also eliminate NOAA's
environmental review authority, removing safeguards for our
nation's most precious natural, cultural, and historical
resources in sanctuaries.
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\6\National Park Service https://www.nps.gov/aboutus/right-of-way-
permit.htm; Bureau of Land Management, https://www.blm.gov/programs/
lands-and-realty/rights-way/obtaining-right-of-way/row-fees. Last
visited on June 20, 2025.
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Additionally, the bill would transfer federal authority
over protected marine areas to state agencies and other federal
agencies, eliminating uniform environmental protections under
the NMSA and creating a patchwork of inconsistent standards.
The bill fails to specify which agencies could permit these
activities and which permits, leases, or licenses would apply.
Because the list of applicable permits and licenses is unknown,
it is unclear whether NOAA would have the authority to ensure
sensitive ecological or culturally significant areas are
avoided or whether there are safeguards for Tribal
consultation. This could violate Tribal sovereignty and
government-to-government communication requirements.\7\ Some
sanctuaries are co-managed with coastal treaty Tribes who would
be excluded from management decisions affecting their treaty
rights.
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\7\3 NOAA, Policy and Permit Guidance for Submarine Cable Projects.
https://nmssanctuaries.blob.core.windows.net/sanctuariesprod/media/
archive/library/pdfs/subcable_final_guidance_2011.pdf.
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The bill's language would also strike key provisions from
the NMSA for all special use permits. These provisions require
5-year renewals for special use permits and require NOAA to
ensure that activities carried out under a special use permit
be conducted ``in a manner that does not destroy, cause the
loss of, or injure sanctuary resources.''\8\
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\8\16 U.S.C. 1441(c)(3).
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During committee markup, Democrats offered an amendment to
address the main concerns with the bill and preserve some basic
safeguards under the National Marine Sanctuaries Act. This
amendment would have allowed NOAA to collect rents, consult,
ensure avoidance of sensitive areas, and verify bonding or
insurance coverage. It would also have defined applicable state
agencies and required public notice for permits and licenses
issued in lieu of special-use permits. Unfortunately, Committee
Republicans rejected this amendment.
H.R. 261 is an unnecessary handout to billionaire
corporations that will create widespread confusion and threaten
serious harm to our nation's Marine Sanctuaries and the
thousands of small businesses and coastal economies that rely
on healthy sanctuaries.
Jared Huffman,
Ranking Member.
[all]