Undersea Cable Protection Act of 2025

Bill Number: H.R. 261
Origin Chamber: House
Congress: 119th Congress, Session 2
Policy Area: Public Lands and Natural Resources
Status: Passed House
Latest Action: 2026-02-12: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
Last Updated: 2026-06-13T02:26:22Z

AI-Generated Summary

Purpose of the Legislation

The Undersea Cable Protection Act of 2025 aims to streamline regulations for undersea fiber optic cables in national marine sanctuaries (protected ocean areas managed by the federal government). It prevents overlapping federal requirements that could hinder the installation, operation, or maintenance of these cables, which are vital for global telecommunications and internet connectivity, while ensuring existing authorizations from other agencies are respected.

Key Provisions

Prohibition on Additional Restrictions (New Section 310A):
The Secretary of Commerce (who oversees national marine sanctuaries through the National Oceanic and Atmospheric Administration, or NOAA) cannot ban or require a new permit, license, or other approval for undersea fiber optic cable activities (such as installation, operation, maintenance, repair, or removal) if a valid federal or state agency permit already exists.
This applies "notwithstanding" (meaning despite) other parts of the National Marine Sanctuaries Act.
Preserves requirements for interagency cooperation, so agencies must still consult with each other on these projects as required by existing law.

Removal of Certain Permit Restrictions (Amendment to Section 310(c)):
Simplifies rules for "special use permits" issued by sanctuaries by deleting two paragraphs (2 and 3) that imposed specific limits on permitted activities, and renumbering the remaining one.

Significant Changes to Existing Law

To the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.):
Adds a new section (310A) that prioritizes federal or state authorizations over sanctuary-specific prohibitions or permits, reducing regulatory duplication.
Modifies section 310(c) by eliminating paragraphs that likely detailed restrictions on special use permits (e.g., limits on commercial activities or conditions for approval), making the permitting process less restrictive for cable-related work.
These changes limit the Secretary's authority in sanctuaries, shifting emphasis from additional environmental reviews to deference to other agencies' approvals.

Potential Impacts

On Government Agencies: NOAA and the Department of Commerce may have reduced oversight of cable projects in sanctuaries, potentially easing coordination but increasing reliance on other agencies (e.g., the Federal Communications Commission for cable licenses or state environmental regulators). This could speed up project approvals but might strain interagency consultations.
On Citizens: Improves reliability and expansion of internet and telecom services by facilitating undersea cable maintenance, benefiting users in coastal or remote areas with better connectivity. However, it could lead to less stringent environmental protections in sensitive ocean areas, potentially affecting marine ecosystems or local communities reliant on them.
On International Relations: Supports global undersea cable networks (which carry most international data traffic), aiding U.S. economic and security interests in telecommunications. It may encourage foreign investment in U.S.-linked cables but could raise concerns from international environmental agreements if sanctuary protections are seen as weakened.

Main Stakeholders Affected

Telecommunications and Cable Operators: Primary beneficiaries, as they face fewer bureaucratic hurdles for projects in protected waters, reducing costs and delays.
Federal and State Agencies: Including NOAA, FCC, and state regulators; they must align on approvals, potentially simplifying but also complicating jurisdiction.
Environmental and Conservation Groups: May oppose due to perceived risks to marine habitats from reduced sanctuary controls.
Coastal Communities and Industries: Fishing, tourism, and shipping sectors could see indirect effects from cable activities, either through economic boosts from better infrastructure or concerns over ocean health.

Notable Legal, Constitutional, or Political Implications

Legal: Reinforces federalism by deferring to state authorizations, potentially reducing litigation over conflicting permits. It maintains interagency cooperation to comply with laws like the National Environmental Policy Act, avoiding outright preemption of environmental reviews.
Constitutional: Aligns with the Commerce Clause (Congress's power to regulate interstate and foreign commerce, including telecom infrastructure) but could face challenges if seen as undermining the Property Clause (federal authority over public lands/waters for conservation).
Political: Reflects a pro-business approach to infrastructure, possibly bipartisan support in a tech-dependent economy, but may spark debates on balancing economic growth with environmental protection in an era of expanding digital needs. As a House-passed bill referred to the Senate, its fate depends on committee review and potential amendments.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Carter, Earl L. "Buddy" [R-GA-1]

Cosponsors (7)

Rep. Dunn, Neal P. [R-FL-2], Rep. Cammack, Kat [R-FL-3], Rep. Kiggans, Jennifer A. [R-VA-2], Rep. Fry, Russell [R-SC-7], Rep. Pfluger, August [R-TX-11], Rep. Bentz, Cliff [R-OR-2], Rep. Begich, Nicholas J. [R-AK-At Large]

Recent Actions

2026-02-12: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
2026-02-11: The title of the measure was amended. Agreed to without objection.
2026-02-11: Motion to reconsider laid on the table Agreed to without objection.
2026-02-11: On passage Passed by the Yeas and Nays: 218 - 212 (Roll no. 67). (text of amendment in the nature of a substitute: CR H2162) (Roll call 67)
2026-02-11: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 218 - 212 (Roll no. 67). (Roll call 67)
2026-02-11: On motion to recommit Failed by the Yeas and Nays: 214 - 216 (Roll no. 66). (Roll call 66)
2026-02-11: Considered as unfinished business. (consideration: CR H2169-2171)
2026-02-11: 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.
2026-02-11: The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
2026-02-11: Mr. Carbajal moved to recommit to the Committee on Natural Resources. (text: CR H2166)
2026-02-11: The previous question was ordered pursuant to the rule.
2026-02-11: DEBATE - The House proceeded with one hour of debate on H.R. 261.
2026-02-11: 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.
2026-02-11: Considered under the provisions of rule H. Res. 1057. (consideration: CR H2161-2166)
2026-02-11: 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.

Bill Versions

Undersea Cable Protection Act of 2025 — issued 2026-02-11 — PDF (4 pages)
Undersea Cable Protection Act of 2025 — issued 2025-01-09 — PDF (3 pages)
Undersea Cable Protection Act of 2025 — issued 2026-02-12 — PDF (3 pages)
Undersea Cable Protection Act of 2025 — issued 2025-07-02 — PDF (6 pages)