Title: Community Empowerment for Mitigated Properties Act of 2017
Policy area: Emergency Management

Summary:
Community Empowerment for Mitigated Properties Act of 2017
This bill directs the Federal Emergency Management Agency (FEMA) to issue guidance regarding a buy-out or the acquisition of property for open space as a mitigation measure under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, which shall include:
A "covered entity" includes the grantee or subgrantee receiving assistance for an open space project, the state in which such project is located, the applicable state hazard mitigation officer, and the applicable regional administrator.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1735 Introduced in House (IH)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Empowerment for Mitigated 
Properties Act of 2017''.

SEC. 2. GUIDANCE ON HAZARD MITIGATION ASSISTANCE.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator of the Federal Emergency 
Management Agency shall issue guidance regarding a buy-out or the 
acquisition of property for open space as a mitigation measure under 
section 404 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170c) that includes--
            (1) a process by which the State hazard mitigation officer 
        appointed for such a buy-out or acquisition shall, not later 
        than 60 days after the applicant for assistance enters into an 
        agreement with the Administrator regarding the buy-out or 
        acquisition, provide written notification to each affected unit 
        of local government for such buy-out or acquisition that 
        includes--
                    (A) the location of the buy-out or acquisition;
                    (B) the State-local assistance agreement for the 
                hazard mitigation grant program;
                    (C) a description of the buy-out or acquisition; 
                and
                    (D) a copy of the model deed restriction; and
            (2) recommendations for entering into and implementing a 
        memorandum of understanding between units of local government 
        and covered entities that includes provisions to allow an 
        affected unit of local government notified under paragraph (1) 
        to--
                    (A) use and maintain the open space created by such 
                a project, consistent with all adjoining property, 
                subject to the notification of the adjoining property, 
                so long as the cost of the maintenance is borne by the 
                local government; and
                    (B) maintain the open space pursuant to standards 
                exceeding any local government standards defined in the 
                agreement with the Administrator described under 
                paragraph (1).
    (b) Definitions.--In this section:
            (1) Affected unit of local government.--The term ``affected 
        unit of local government'' means any entity covered by the 
        definition of local government in section 102 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5122), that has jurisdiction over the location of a buy-
        out or acquisition described in subsection (a).
            (2) Covered entity.--The term ``covered entity'' means--
                    (A) the grantee or subgrantee receiving assistance 
                for an open space project described in subsection (a);
                    (B) the State in which such project is located;
                    (C) the applicable State hazard mitigation officer; 
                and
                    (D) the applicable regional administrator.
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