IB 

Union Calendar No. 309 

115TH CONGRESS 

1ST SESSION H. R. 1735 

[Report No. 115–417] 

To direct the Administrator of the Federal Emergency Management Agency 

to issue guidance regarding implementation of certain buy-outs or the 

acquisition of property for open space as a flood mitigation measure, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 27, 2017 

Mr. BABIN introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

NOVEMBER 21, 2017 

Additional sponsor: Ms. EDDIE BERNICE JOHNSON of Texas 

NOVEMBER 21, 2017 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Omit the part struck through and insert the part printed in italic] 


daltland on DSK30NT082PROD with BILLS
2 

•HR 1735 RH

A BILL 

To direct the Administrator of the Federal Emergency Management Agency to issue guidance regarding implementation of certain buy-outs or the acquisition of property 

for open space as a flood mitigation measure, and for 

other purposes. 


daltland on DSK30NT082PROD with BILLS
3 

•HR 1735 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Community Empower5 ment for Mitigated Properties Act of 2017’’. 

6 SEC. 2. GUIDANCE ON HAZARD MITIGATION ASSISTANCE. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of enactment of this Act, the Administrator of the 

9 Federal Emergency Management Agency shall issue guid10 ance regarding a buy-out or the acquisition of property 

11 for open space as a mitigation measure under section 404 

12 of the Robert T. Stafford Disaster Relief and Emergency 

13 Assistance Act (42 U.S.C. 5170c) that includes— 

14 (1) a process by which the State hazard mitiga15 tion officer appointed for such a buy-out or an ac16 quisition shall, not later than 60 days after the ap17 plicant for assistance enters into an agreement with 

18 the Administrator regarding the buy-out or acquisi19 tion, provide written notification to each affected 

20 unit of local government for such buy-out or acquisi21 tion that includes— 

22 (A) the location of the buy-out or acquisi23 tion; 

24 (B) the State-local assistance agreement 

25 for the hazard mitigation grant program; 


daltland on DSK30NT082PROD with BILLS
4 

•HR 1735 RH

1 (C) a description of the buy-out or acquisi2 tion; and 

3 (D) a copy of the model deed restriction; 

4 and 

5 (2) recommendations for entering into and im6 plementing a memorandum of understanding be7 tween units of local government and covered entities 

8 that includes provisions to allow an affected unit of 

9 local government notified under paragraph (1) to— 

10 (A) use and maintain the open space cre11 ated by such a project, consistent with section 

12 404 (including related regulations, standards, 

13 and guidance) and consistent with all adjoining 

14 property, subject to the notification of the ad15 joining property, so long as the cost of the 

16 maintenance is borne by the local government; 

17 and 

18 (B) maintain the open space pursuant to 

19 standards exceeding any local government 

20 standards defined in the agreement with the 

21 Administrator described under paragraph (1). 

22 (b) DEFINITIONS.—In this section: 

23 (1) AFFECTED UNIT OF LOCAL GOVERN24 MENT.—The term ‘‘affected unit of local govern25 ment’’ means any entity covered by the definition of 


daltland on DSK30NT082PROD with BILLS
5 

•HR 1735 RH

1 local government in section 102 of the Robert T. 

2 Stafford Disaster Relief and Emergency Assistance 

3 Act (42 U.S.C. 5122), that has jurisdiction over the 

4 location of a buy-out or property subject to the acqui5 sition described in subsection (a). 

6 (2) COVERED ENTITY.—The term ‘‘covered en7 tity’’ means— 

8 (A) the grantee or subgrantee receiving as9 sistance for an open space project described in 

10 subsection (a); 

11 (B) the State in which such project is lo12 cated; and 

13 (C) the applicable State hazard mitigation 

14 officer; and 

15 (D) the applicable regional administrator. 

16 (C) the applicable Regional Administrator 

17 of the Federal Emergency Management Agency. 

Amend the title so as to read: ‘‘A bill to direct the 

Administrator of the Federal Emergency Management 

Agency to issue guidance regarding the acquisition of 

property for open space as a flood mitigation measure, 

and for other purposes.’’. 


daltland on DSK30NT082PROD with BILLS
Union Calendar No. 309 

115TH CONGRESS 

1ST SESSION H. R. 1735 

[Report No. 115–417] 

A BILL 

To direct the Administrator of the Federal Emerflood mitigation measure, and for other purposes. the acquisition of property for open space as a garding implementation of certain buy-outs or gency Management Agency to issue guidance reNOVEMBER 21, 2017 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Sep 11 2014 22:03 Nov 21, 2017 Jkt 079200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\H1735.RH H1735

daltland on DSK30NT082PROD with BILLS