[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