[117th Congress Public Law 332]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 6119]]
Public Law 117-332
117th Congress
An Act
To modify eligibility requirements for certain hazard mitigation
assistance programs, and for other purposes. <<NOTE: Jan. 5,
2023 - [H.R. 1917]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Hazard
Eligibility and Local Projects Act. 42 USC 5170c note.>>
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
[[Page 136 STAT. 6120]]
(ii) complies with all Federal requirements
for the covered project; and
(B) <<NOTE: Determination.>> 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.
Approved January 5, 2023.
LEGISLATIVE HISTORY--H.R. 1917 (S. 1877):
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HOUSE REPORTS: No. 117-170, Pt. 1 (Comm. on Transportation and
Infrastructure).
SENATE REPORTS: No. 117-205 (Comm. on Homeland Security and Governmental
Affairs) accompanying S. 1877.
CONGRESSIONAL RECORD:
Vol. 167 (2021):
Nov. 3, 4, considered and passed
House.
Vol. 168 (2022):
Dec. 14, considered and passed
Senate, amended.
Dec. 21, House concurred in Senate
amendment.
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