[Congressional Record Volume 168, Number 194 (Wednesday, December 14, 2022)]
[Senate]
[Page S7205]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6525. Mr. SCHUMER (for Mr. Peters) proposed an amendment to the 
bill H.R. 1917, to modify eligibility requirements for certain hazard 
mitigation assistance programs, and for other purposes; as follows:

        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.

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