[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): --------------------------------------------------------------------------- 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. <all>