Hazard Eligibility and Local Projects Act

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Hazard Eligibility and 4 Local Projects Act’’. 5 VerDate Sep 11 2014 04:28 Nov 18, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S1877.RS S1877 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1877 RS SEC. 2. AUTHORITY TO BEGIN IMPLEMENTATION OF AC- 1 QUISITION OR RELOCATION PROJECTS. 2 (a) ELIGIBILITY FOR ASSISTANCE FOR INITIATED 3 PROJECTS.— 4 (1) IN GENERAL.—Notwithstanding any other 5 provision of law, an entity seeking assistance under 6 a hazard mitigation assistance program shall be eli- 7 gible to receive such assistance for a covered project 8 if the entity— 9 (A) complies with all other eligibility re- 10 quirements of the hazard mitigation assistance 11 program for acquisition or relocation projects, 12 including extinguishing all incompatible encum- 13 brances; and 14 (B) complies with all Federal requirements 15 for the project. 16 (2) COSTS INCURRED.—An entity seeking as- 17 sistance under a hazard mitigation assistance pro- 18 gram shall be responsible for any project costs in- 19 curred by the entity for a covered project if the cov- 20 ered project is not awarded, or is determined to be 21 ineligible for, assistance. 22 (b) DEFINITIONS.—In this section: 23 (1) COVERED PROJECT.—The term ‘‘covered 24 project’’ means— 25 VerDate Sep 11 2014 04:28 Nov 18, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1877.RS S1877 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1877 RS (A) an acquisition or relocation project for 1 which an entity began implementation prior to 2 grant award under a hazard mitigation assist- 3 ance program; and 4 (B) a project for which an entity initiated 5 planning or construction before or after re- 6 questing assistance for the project under a haz- 7 ard mitigation assistance program qualifying 8 for a categorical exemption under the National 9 Environmental Policy Act of 1969 (42 U.S.C. 10 4321 et seq.). 11 (2) HAZARD MITIGATION ASSISTANCE PRO- 12 GRAM.—The term ‘‘hazard mitigation assistance 13 program’’ means— 14 (A) the predisaster hazard mitigation 15 grant program authorized under section 203 of 16 the Robert T. Stafford Disaster Relief and 17 Emergency Assistance Act (42 U.S.C. 5133); 18 (B) the hazard mitigation grant program 19 authorized under section 404 of the Robert T. 20 Stafford Disaster Relief and Emergency Assist- 21 ance Act (42 U.S.C. 5170c); and 22 (C) the flood mitigation assistance pro- 23 gram authorized under section 1366 of the Na- 24 VerDate Sep 11 2014 04:28 Nov 18, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1877.RS S1877 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1877 RS tional Flood Insurance Act of 1968 (42 U.S.C. 1 4104c). 2 (c) APPLICABILITY.—This section shall apply to 3 funds appropriated on or after the date of enactment of 4 this Act. 5 SECTION 1. SHORT TITLE. 6 This Act may be cited as the ‘‘Hazard Eligibility and 7 Local Projects Act’’. 8 SEC. 2. AUTHORITY TO BEGIN IMPLEMENTATION OF ACQUI- 9 SITION AND DEMOLITION ASSISTANCE 10 PROJECTS. 11 (a) DEFINITIONS.—In this section: 12 (1) ADMINISTRATOR.—The term ‘‘Adminis- 13 trator’’ means the Administrator of the Federal 14 Emergency Management Agency. 15 (2) COVERED PROJECT.—The term ‘‘covered 16 project’’ means a project that— 17 (A) is an acquisition and demolition project 18 for which an entity began implementation, in- 19 cluding planning or construction, before or after 20 requesting assistance for the project under a haz- 21 ard mitigation assistance program; and 22 (B) qualifies for a categorical exclusion 23 under the National Environmental Policy Act of 24 1969 (? 42 U.S.C. 4321 et seq.). 25 VerDate Sep 11 2014 04:28 Nov 18, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S1877.RS S1877 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1877 RS (3) HAZARD MITIGATION ASSISTANCE PRO- 1 GRAM.—The term ‘‘hazard mitigation assistance pro- 2 gram’’ means— 3 (A) any grant program authorized under 4 section 203 of the Robert T. Stafford Disaster 5 Relief and Emergency Assistance Act (42 U.S.C. 6 5133); 7 (B) the hazard mitigation grant program 8 authorized under section 404 of the Robert T. 9 Stafford Disaster Relief and Emergency Assist- 10 ance Act (42 U.S.C. 5170c); and 11 (C) the flood mitigation assistance program 12 authorized under section 1366 of the National 13 Flood Insurance Act of 1968 (42 U.S.C. 4104c). 14 (b) ELIGIBILITY FOR ASSISTANCE FOR COVERED 15 PROJECTS.— 16 (1) IN GENERAL.—An entity seeking assistance 17 under a hazard mitigation assistance program may 18 be eligible to receive that assistance for a covered 19 project if— 20 (A) the entity— 21 (i) complies with all other eligibility 22 requirements of the hazard mitigation as- 23 sistance program for acquisition or demoli- 24 VerDate Sep 11 2014 04:28 Nov 18, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S1877.RS S1877 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 1877 RS tion projects, including extinguishing all in- 1 compatible encumbrances; and 2 (ii) complies with all Federal require- 3 ments for the covered project; and 4 (B) the Administrator determines that the 5 covered project— 6 (i) qualifies for a categorical exclusion 7 under the National Environmental Policy 8 Act of 1969 (42 U.S.C. 4321 et seq.); 9 (ii) is compliant with applicable flood- 10 plain management and protection of wet- 11 land regulations and criteria; and 12 (iii) does not require consultation 13 under any other environmental or historic 14 preservation law or regulation or involve 15 any extraordinary circumstances. 16 (2) COSTS INCURRED.—An entity seeking assist- 17 ance under a hazard mitigation assistance program 18 shall be responsible for any project costs incurred by 19 the entity for a covered project if the covered project 20 is not awarded, or is determined to be ineligible for, 21 assistance. 22 (c) APPLICABILITY.—This Act shall apply to covered 23 projects started on or after the date of enactment of this 24 Act. 25 VerDate Sep 11 2014 04:28 Nov 18, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S1877.RS S1877 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 1877 RS (d) REPORT.—Not later than 180 days after the date 1 of enactment of this Act, and annually thereafter for 3 2 years, the Administrator shall submit to Congress a report 3 on use of the authority under this Act, including— 4 (1) how many applicants used the authority; 5 (2) how many applicants using the authority 6 successfully obtained a grant; 7 (3) how many applicants were not able to suc- 8 cessfully obtain a grant; 9 (4) the reasons applicants were not able to ob- 10 tain a grant; and 11 (5) the extent to which applicants using the au- 12 thority were able to comply with all necessary Federal 13 environmental, historic preservation, and other re- 14 lated laws and regulations. 15 (e) TERMINATION.—The authority provided under this 16 Act shall cease to be effective on the date that is 3 years 17 after the date of enactment of this Act. 18 VerDate Sep 11 2014 04:28 Nov 18, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S1877.RS S1877 pbinns on DSKJLVW7X2PROD with $$_JOB Calendar No. 557 117TH CONGRESS 2D SESSION S. 1877 [Report No. 117–205] A BILL To modify eligibility requirements for certain haz- ard mitigation assistance programs, and for other purposes. NOVEMBER 17, 2022 Reported with an amendment VerDate Sep 11 2014 04:28 Nov 18, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\S1877.RS S1877 pbinns on DSKJLVW7X2PROD with $$_JOB