I 

115TH CONGRESS 

1ST SESSION H. R. 1735 

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 

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. 

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’’. 


sradovich on DSK3GMQ082PROD with BILLS
2 

•HR 1735 IH

1 SEC. 2. GUIDANCE ON HAZARD MITIGATION ASSISTANCE. 

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

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

4 Federal Emergency Management Agency shall issue guid5 ance regarding a buy-out or the acquisition of property 

6 for open space as a mitigation measure under section 404 

7 of the Robert T. Stafford Disaster Relief and Emergency 

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

9 (1) a process by which the State hazard mitiga10 tion officer appointed for such a buy-out or acquisi11 tion shall, not later than 60 days after the applicant 

12 for assistance enters into an agreement with the Ad13 ministrator regarding the buy-out or acquisition, 

14 provide written notification to each affected unit of 

15 local government for such buy-out or acquisition 

16 that includes— 

17 (A) the location of the buy-out or acquisi18 tion; 

19 (B) the State-local assistance agreement 

20 for the hazard mitigation grant program; 

21 (C) a description of the buy-out or acquisi22 tion; and 

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

24 and 

25 (2) recommendations for entering into and im26 plementing a memorandum of understanding beVerDate Sep 11 2014 21:13 Mar 29, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1735.IH H1735

sradovich on DSK3GMQ082PROD with BILLS
3 

•HR 1735 IH

1 tween units of local government and covered entities 

2 that includes provisions to allow an affected unit of 

3 local government notified under paragraph (1) to— 

4 (A) use and maintain the open space cre5 ated by such a project, consistent with all ad6 joining property, subject to the notification of 

7 the adjoining property, so long as the cost of 

8 the maintenance is borne by the local govern9 ment; and 

10 (B) maintain the open space pursuant to 

11 standards exceeding any local government 

12 standards defined in the agreement with the 

13 Administrator described under paragraph (1). 

14 (b) DEFINITIONS.—In this section: 

15 (1) AFFECTED UNIT OF LOCAL GOVERN16 MENT.—The term ‘‘affected unit of local govern17 ment’’ means any entity covered by the definition of 

18 local government in section 102 of the Robert T. 

19 Stafford Disaster Relief and Emergency Assistance 

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

21 location of a buy-out or acquisition described in sub22 section (a). 

23 (2) COVERED ENTITY.—The term ‘‘covered en24 tity’’ means— 


sradovich on DSK3GMQ082PROD with BILLS
4 

•HR 1735 IH

1 (A) the grantee or subgrantee receiving as2 sistance for an open space project described in 

3 subsection (a); 

4 (B) the State in which such project is lo5 cated; 

6 (C) the applicable State hazard mitigation 

7 officer; and 

8 (D) the applicable regional administrator. 

Æ 


sradovich on DSK3GMQ082PROD with BILLS