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Bill would let surplus highway land be turned into affordable housing

In committeeH.R. 3459Latest action

Sponsor: Kevin Mullin · Representative · CA

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Official title: Empty Lots to Housing Act

119th Congress

Topics: Jobs & the economy

Introduced:

Read the official bill on Congress.gov

In plain words

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The bill lets leftover federal highway land transfer for housing, with 30 years of affordability rules attached.

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What does this do?

H.R. 3459 changes federal highway law so unused land bought with federal highway funds can be transferred to local governments, nonprofits, or sometimes private developers to build housing near transit, without repaying the original federal funds. Transfers to private developers require the Secretary of Transportation to confirm no government or nonprofit can take the land, that public benefits outweigh a market sale, and that the developer has an affordable housing track record. Any transfer requires 40% of units reserved for lower-income families for 30 years, with 20% of those going to very low-income families.

Who does it affect?

State transportation departments, local governments, nonprofit and for-profit housing developers, and residents needing affordable housing near transit.

Why does it matter?

The change allows leftover government land to be repurposed for housing while giving federal officials oversight to ensure it serves public benefit rather than being sold outright.

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Where does it stand?

  1. IntroducedMay 15, 2025
  2. House committeeYou are here · May 15, 2025
  3. House vote
  4. Senate
  5. The president's desk

Right now: a House committee is reviewing it. If the Senate changes it, it goes back to the House before reaching the president.

Latest action: — Referred to the Subcommittee on Highways and Transit.

Data as of October 10, 2026
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