[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1877 Reported in Senate (RS)]
<DOC>
Calendar No. 557
117th CONGRESS
2d Session
S. 1877
[Report No. 117-205]
To modify eligibility requirements for certain hazard mitigation
assistance programs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 27, 2021
Mr. Tillis (for himself, Mr. Burr, Mr. Cornyn, Mr. Cruz, Mr. Lankford,
Mr. Warnock, and Ms. Hassan) introduced the following bill; which was
read twice and referred to the Committee on Homeland Security and
Governmental Affairs
November 17, 2022
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To modify eligibility requirements for certain hazard mitigation
assistance programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Hazard Eligibility and
Local Projects Act''.</DELETED>
<DELETED>SEC. 2. AUTHORITY TO BEGIN IMPLEMENTATION OF ACQUISITION OR
RELOCATION PROJECTS.</DELETED>
<DELETED> (a) Eligibility for Assistance for Initiated Projects.--
</DELETED>
<DELETED> (1) In general.--Notwithstanding any other
provision of law, an entity seeking assistance under a hazard
mitigation assistance program shall be eligible to receive such
assistance for a covered project if the entity--</DELETED>
<DELETED> (A) complies with all other eligibility
requirements of the hazard mitigation assistance
program for acquisition or relocation projects,
including extinguishing all incompatible encumbrances;
and</DELETED>
<DELETED> (B) complies with all Federal requirements
for the project.</DELETED>
<DELETED> (2) Costs incurred.--An entity seeking assistance
under a hazard mitigation assistance program shall be
responsible for any project costs incurred by the entity for a
covered project if the covered project is not awarded, or is
determined to be ineligible for, assistance.</DELETED>
<DELETED> (b) Definitions.--In this section:</DELETED>
<DELETED> (1) Covered project.--The term ``covered project''
means--</DELETED>
<DELETED> (A) an acquisition or relocation project
for which an entity began implementation prior to grant
award under a hazard mitigation assistance program;
and</DELETED>
<DELETED> (B) a project for which an entity
initiated planning or construction before or after
requesting assistance for the project under a hazard
mitigation assistance program qualifying for a
categorical exemption under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).</DELETED>
<DELETED> (2) Hazard mitigation assistance program.--The
term ``hazard mitigation assistance program'' means--</DELETED>
<DELETED> (A) the predisaster hazard mitigation
grant program authorized under section 203 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133);</DELETED>
<DELETED> (B) the hazard mitigation grant program
authorized under section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c); and</DELETED>
<DELETED> (C) the flood mitigation assistance
program authorized under section 1366 of the National
Flood Insurance Act of 1968 (42 U.S.C.
4104c).</DELETED>
<DELETED> (c) Applicability.--This section shall apply to funds
appropriated on or after the date of enactment of this Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hazard Eligibility and Local
Projects Act''.
SEC. 2. AUTHORITY TO BEGIN IMPLEMENTATION OF ACQUISITION AND DEMOLITION
ASSISTANCE PROJECTS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Covered project.--The term ``covered project'' means a
project that--
(A) is an acquisition and demolition project for
which an entity began implementation, including
planning or construction, before or after requesting
assistance for the project under a hazard mitigation
assistance program; and
(B) qualifies for a categorical exclusion under the
National Environmental Policy Act of 1969 (? 42 U.S.C.
4321 et seq.).
(3) Hazard mitigation assistance program.--The term
``hazard mitigation assistance program'' means--
(A) any grant program authorized under section 203
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133);
(B) the hazard mitigation grant program authorized
under section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c);
and
(C) the flood mitigation assistance program
authorized under section 1366 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4104c).
(b) Eligibility for Assistance for Covered Projects.--
(1) In general.--An entity seeking assistance under a
hazard mitigation assistance program may be eligible to receive
that assistance for a covered project if--
(A) the entity--
(i) complies with all other eligibility
requirements of the hazard mitigation
assistance program for acquisition or
demolition projects, including extinguishing
all incompatible encumbrances; and
(ii) complies with all Federal requirements
for the covered project; and
(B) the Administrator determines that the covered
project--
(i) qualifies for a categorical exclusion
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(ii) is compliant with applicable
floodplain management and protection of wetland
regulations and criteria; and
(iii) does not require consultation under
any other environmental or historic
preservation law or regulation or involve any
extraordinary circumstances.
(2) Costs incurred.--An entity seeking assistance under a
hazard mitigation assistance program shall be responsible for
any project costs incurred by the entity for a covered project
if the covered project is not awarded, or is determined to be
ineligible for, assistance.
(c) Applicability.--This Act shall apply to covered projects
started on or after the date of enactment of this Act.
(d) Report.--Not later than 180 days after the date of enactment of
this Act, and annually thereafter for 3 years, the Administrator shall
submit to Congress a report on use of the authority under this Act,
including--
(1) how many applicants used the authority;
(2) how many applicants using the authority successfully
obtained a grant;
(3) how many applicants were not able to successfully
obtain a grant;
(4) the reasons applicants were not able to obtain a grant;
and
(5) the extent to which applicants using the authority were
able to comply with all necessary Federal environmental,
historic preservation, and other related laws and regulations.
(e) Termination.--The authority provided under this Act shall cease
to be effective on the date that is 3 years after the date of enactment
of this Act.
Calendar No. 557
117th CONGRESS
2d Session
S. 1877
[Report No. 117-205]
_______________________________________________________________________
A BILL
To modify eligibility requirements for certain hazard mitigation
assistance programs, and for other purposes.
_______________________________________________________________________
November 17, 2022
Reported with an amendment