Hazard Eligibility and Local Projects Act
Bill: H.R.1917 | Sponsor: Rep. Fletcher, Lizzie (D-TX)
Policy area: Emergency Management

Summary:
Hazard Eligibility and Local Projects Act
This act makes an entity seeking assistance under a hazard mitigation assistance program eligible to receive such assistance for certain projects already in progress.
Specifically, this act covers a project that
The Federal Emergency Management Agency (FEMA) must have determined that the project qualifies for a categorical exclusion, is compliant with applicable floodplain management and protection of wetland regulations and criteria, and does not require consultation under any other environmental or historic preservation law or regulation or involve any extraordinary circumstances.
FEMA must report to Congress, within 180 days of enactment and annually thereafter for three years, on use of the authority under this act.
Such authority terminates three years after enactment.

[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>