S. 1877 — Reported in Senate

II Calendar No. 557 117th CONGRESS 2d Session S. 1877 [Report No. 117–205] IN THE SENATE OF THE UNITED STATES May 27, 2021Mr. 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, 2022Reported by Mr. Peters, with an amendmentStrike 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. 1. Short title This Act may be cited as the Hazard Eligibility and Local Projects Act. 2. Authority to begin implementation of acquisition or relocation projects (a) Eligibility for Assistance for Initiated Projects (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— (A) complies with all other eligibility requirements of the hazard mitigation assistance program for acquisition or relocation projects, including extinguishing all incompatible encumbrances; and (B) complies with all Federal requirements for the project. (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. (b) Definitions In this section: (1) Covered project The term covered project means— (A) an acquisition or relocation project for which an entity began implementation prior to grant award under a hazard mitigation assistance program; and (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.). (2) Hazard mitigation assistance program The term hazard mitigation assistance program means— (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); (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). (c) Applicability This section shall apply to funds appropriated on or after the date of enactment of this Act. 1. Short title This Act may be cited as the Hazard Eligibility and Local Projects Act. 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. November 17, 2022Reported with an amendment