[Congressional Record Volume 168, Number 194 (Wednesday, December 14, 2022)]
[Senate]
[Page S7190]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HAZARD ELIGIBILITY AND LOCAL PROJECTS ACT
Mr. SCHUMER. Mr. President, I ask unanimous consent that the
Committee on Homeland Security and Governmental Affairs be discharged
and the Senate now proceed to the immediate consideration of H.R. 1917.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (H.R. 1917) to modify eligibility requirements for
certain hazard mitigation assistance programs, and for other
purposes.
There being no objection, the committee was discharged and the Senate
proceeded to consider the bill.
Mr. SCHUMER. I ask unanimous consent that the Peters substitute
amendment, which is at the desk, be considered and agreed to; that the
bill, as amended, be considered read a third time and passed; and that
the motion to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 6525) in the nature of a substitute was agreed to,
as follows:
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and insert the
following:
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.
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill was read the third time.
The bill (H.R. 1917), as amended, was passed.
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