Undersea Cable Protection Act of 2025
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The bill would bar the Commerce Department from blocking or requiring extra permits for undersea fiber optic cables in national marine sanctuaries if a federal or state agency has already licensed the cable activity.
It would also strip out certain existing restrictions on activities covered by sanctuary special use permits, narrowing the government's discretion over cable projects that already have other agency approval.
What this bill would do
What it would do
The bill would amend the National Marine Sanctuaries Act to prohibit the Secretary of Commerce from prohibiting, or requiring any permit or special use permit for, the installation, continued presence, operation, maintenance, repair, or recovery of undersea fiber optic cables within a national marine sanctuary, as long as a federal or state agency has already issued a license, lease, or permit authorizing that activity. It would preserve existing interagency cooperation requirements for federal actions likely to harm sanctuary resources. The bill would also amend the sanctuary special use permit provisions to remove two of the current criteria used to restrict permitted activities, leaving fewer conditions the Secretary can apply. It does not repeal the sanctuary permitting system generally, only this specific carve-out for already-authorized cable activity.
Key provisions
- 1Would prohibit Commerce from blocking or requiring permits for undersea fiber optic cable activities in sanctuaries if already authorized by a federal or state license, lease, or permit
- 2Would preserve existing interagency cooperation requirements for federal actions likely to injure sanctuary resources involving cable activities
- 3Would remove two existing criteria restricting activities covered by sanctuary special use permits
Who would be affected
Undersea fiber optic cable companies and telecommunications infrastructure operators seeking to install or maintain cables through national marine sanctuaries, the Department of Commerce and the National Oceanic and Atmospheric Administration, and state agencies that issue licenses or permits for such cables.
Why it matters
Cable operators with existing federal or state authorization would no longer face a separate Commerce Department permitting hurdle for sanctuary waters, potentially speeding up cable projects tied to global data and communications networks. Environmental reviewers would retain less direct authority to condition or block those specific activities within sanctuaries.
What would change
Changes to existing law
Amends National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) (Sec. 2)
Adds new Sec. 310A barring Commerce from prohibiting or permitting cable activities already authorized by another agency, while preserving interagency cooperation rules
Amends National Marine Sanctuaries Act, Sec. 310(c) (16 U.S.C. 1441(c)) (Sec. 3)
Strikes two paragraphs listing restrictions on activities covered by special use permits and renumbers the remaining paragraph
Agencies directed to act
Funding and costs
Congressional Budget Office estimate
CBO estimates H.R. 261 would have a negligible effect on the federal deficit, with direct spending changes, revenue effects, and discretionary costs all falling below $500,000 over the 2026–2035 period.
CBO estimates that H.R. 261, the Undersea Cable Protection Act of 2025, would have a negligible effect on the federal budget. The bill would prohibit NOAA from requiring separate permits for undersea fiber optic cables in national marine sanctuaries when another agency has already authorized the activity, and would eliminate the requirement to renew special use permits (SUPs) every five years. Because NOAA would issue fewer SUPs, it would collect less in fees — which count as direct spending under current law — but CBO estimates the net reduction in fee collections and associated spending would be negligible over the 2025–2036 period. Costs to update regulations and conduct public outreach would be insignificant and subject to appropriated funds. CBO identified no intergovernmental or private-sector mandates in the bill.
How implementation would work
Once enacted, Commerce would need to identify covered activities already authorized by another federal or state license, lease, or permit and refrain from imposing its own permit requirement or prohibition on them. NOAA, under Commerce's direction, would continue interagency cooperation review for federal actions likely to injure sanctuary resources under existing section 304(d) procedures. The amendment to special use permit criteria would apply going forward whenever Commerce processes such permits.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
Official CRS summary
Show the CRS summaryHide the CRS summary
This 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.
Legislative subjects
Broadcasting, cable, digital technologies; Marine and coastal resources, fisheries; Public Lands and Natural Resources
Committee report
H. Rept. 119-181