HR 261 — Undersea Cable Protection Act of 2025

Summary

Undersea Cable Protection Act of 2025This bill prohibits the Department of Commerce from enforcing certain permit requirements for activities related to undersea fiber optic cables in national marine sanctuaries. Specifically, Commerce may not prohibit or require an authorization for any covered activities related to undersea fiber optic cables if a license, lease, or permit has been issued by a state or federal agency to authorize the covered activity. Covered activities are the installation, continued presence, operation, maintenance, repair, or recovery of undersea fiber optic cables in a national marine sanctuary.The bill also authorizes Commerce to direct the National Oceanic and Atmospheric Administration to engage in interagency cooperation regarding federal agency actions that are likely to destroy, cause the loss of, or injure a resource in a national marine sanctuary and involve covered activities.

Bill Text

Published by the reporting committee Not generated — this is the committee's own “Changes in Existing Law Made by the Bill, as Reported”.

Text to be removed appears in [brackets]. Newly inserted text is italicised in the official report and cannot be marked in this plain-text rendition — read the official PDF ↗ for the authoritative formatting.

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.

 * * * * * * *

Source: H. Rept. 119-181 · govinfo

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill prohibits the Secretary of Commerce from requiring permits for undersea fiber optic cables authorized by federal or state agencies and removes specific permit requirements related to activities in national marine sanctuaries.

• 16 U.S.C. § 1441

  paragraphs (2) and (3)

  Removes certain requirements for permits related to activities in national marine sanctuaries.

• 16 U.S.C. § 1441

  SEC. 310A. PROHIBITION ON PROHIBITING, OR REQUIRING PERMITS OR OTHER AUTHORIZATIONS FOR, UNDERSEA FIBER OPTIC CABLES AUTHORIZED BY A FEDERAL OR STATE AGENCY.

  Establishes new prohibition against requiring permits for undersea fiber optic cables if authorized by federal or state agencies.

Action History

1. January 09, 2025

   Introduced in House

2. January 09, 2025

   Introduced in House

3. January 09, 2025

   Referred to the House Committee on Natural Resources.

4. January 21, 2025

   Referred to the Subcommittee on Water, Wildlife and Fisheries.

5. January 23, 2025

   Subcommittee Hearings Held

6. June 25, 2025

   Subcommittee on Water, Wildlife and Fisheries Discharged

7. June 25, 2025

   Committee Consideration and Mark-up Session Held

8. June 25, 2025

   Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 25 - 18.

9. July 02, 2025

   Reported (Amended) by the Committee on Natural Resources. H. Rept. 119-181.

10. July 02, 2025

    Reported (Amended) by the Committee on Natural Resources. H. Rept. 119-181.

11. July 02, 2025

    Placed on the Union Calendar, Calendar No. 146.

12. February 09, 2026

    Rules Committee Resolution H. Res. 1042 Reported to House. Rule provides for consideration of H.R. 2189, H.R. 261 and H.R. 3617. The resolution provides for consideration of H.R. 2189, H.R. 261, and H.R. 3617 under a closed rule and provides for one hour of debate and one motion to recommit on each bill.

13. February 11, 2026

    Rules Committee Resolution H. Res. 1057 Reported to House. Rule provides for consideration of S. 1383, H.R. 2189, H.R. 261 and H.R. 3617. The resolution provides for consideration of S. 1383, H.R. 2189, H.R. 261, and H.R. 3617 under a closed rule and provides for one motion to recommit H.R. 2189, H.R. 261, and H.R. 3617, and one motion to commit S. 1383.

14. February 11, 2026

    Considered under the provisions of rule H. Res. 1057. (consideration: CR H2161-2166)

15. February 11, 2026

    Rule provides for consideration of S. 1383, H.R. 2189, H.R. 261 and H.R. 3617. The resolution provides for consideration of S. 1383, H.R. 2189, H.R. 261, and H.R. 3617 under a closed rule and provides for one motion to recommit H.R. 2189, H.R. 261, and H.R. 3617, and one motion to commit S. 1383.

16. February 11, 2026

    DEBATE - The House proceeded with one hour of debate on H.R. 261.

17. February 11, 2026

    The previous question was ordered pursuant to the rule.

18. February 11, 2026

    Mr. Carbajal moved to recommit to the Committee on Natural Resources. (text: CR H2166)

19. February 11, 2026

    The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

20. February 11, 2026

    POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 261, the Chair put the question on motion to recommit and by voice vote, announced the noes had prevailed. Mr. Carbajal demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.

21. February 11, 2026

    Considered as unfinished business. (consideration: CR H2169-2171)

22. February 11, 2026

    On motion to recommit Failed by the Yeas and Nays: 214 - 216 (Roll no. 66).

23. February 11, 2026

    Passed/agreed to in House: On passage Passed by the Yeas and Nays: 218 - 212 (Roll no. 67).

24. February 11, 2026

    On passage Passed by the Yeas and Nays: 218 - 212 (Roll no. 67). (text of amendment in the nature of a substitute: CR H2162)

25. February 11, 2026

    Motion to reconsider laid on the table Agreed to without objection.

26. February 11, 2026

    The title of the measure was amended. Agreed to without objection.

27. February 12, 2026

    Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

Sponsors

• Earl L. "Buddy" Carter · Primary
• Neal P. Dunn · Cosponsor
• Kat Cammack · Cosponsor
• Jennifer A. Kiggans · Cosponsor
• Russell Fry · Cosponsor
• August Pfluger · Cosponsor
• Cliff Bentz · Cosponsor
• Nicholas J. Begich · Cosponsor

Votes

Subjects