42 U.S.C. § 1471a: Exemption on construction…

Summary

The Secretary of Agriculture does not have to do any environmental study or report when giving help under sections 501, 502, 504, 515, 533, or 538 of the Housing Act of 1949 (42 U.S.C. 1471, 1472, 1474, 1485, 1490m, or 1490p–2) for building or changing residential housing on an infill site. By July 11, 2031 (5 years after July 11, 2026), the Secretary must send a report to the House Financial Services Committee and the Senate Banking, Housing, and Urban Affairs Committee that says whether this change cut application review time and administrative costs, explains how it affects rural affordable housing, and gives any legislative recommendations. Greenfield: a site not developed, like woodland, farmland, or an open field. Infill site: a site served by existing infrastructure (water, sewer, roads) but not one where the only existing infrastructure is a road, not one in a census tract rated very high or relatively high risk for wildfire, coastal flooding, or riverine flooding under FEMA’s National Risk Index (section 5136), and not a greenfield.

Title 42, §1471a

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Exemption

In providing assistance under section 501, 502, 504, 515, 533, or 538 of the Housing Act of 1949 (42 U.S.C. 1471, 1472, 1474, 1485, 1490m, or 1490p–2) for the construction or modification of residential housing located on an infill site, the Secretary of Agriculture shall not be required to carry out any study or report on the environmental effects of such assistance.

(b)Report

Not later than the date that is 5 years after July 11, 2026, the Secretary of Agriculture shall submit, to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, a report that—

(1)determines whether the implementation of this section—

(A)reduced the amount of time it takes to review an application for assistance under the sections of the Housing Act of 1949 identified in subsection (a); and

(B)reduced the administrative cost of providing such assistance;

(2)describes how the implementation of this section affects the affordable housing sector in rural America; and

(3)includes any legislative recommendations from the Secretary of Agriculture.

(c)Definitions

In this section: (1) Greenfield

(2)Infill site

The term “infill site”—

(A)means a site that is served by existing infrastructure, including water lines, sewer lines, and roads; and

(B)does not include—

(i)a site that is served by existing infrastructure that only consists of a road;

(ii)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 5136 of this title; and

(iii)a greenfield.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Housing Act of 1949, referred to in subsec. (b)(1)(A), is act July 15, 1949, ch. 338, 63 Stat. 413, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 1441 of this title and Tables. Codification Section was enacted as part of the 21st Century ROAD to Housing Act, and not as part of the Housing Act of 1949 which comprises this chapter.

§1471a Exemption on Construction or Modification of Residential Housing Located on an Infill Site