Hazard Eligibility and Local Projects Act

Bill: 117-hr-1917
Sponsor: full_name: Rep. Fletcher, Lizzie [D-TX-7]
Introduced: 2021-03-16
Policy area: Emergency Management
Subjects: Disaster relief and insurance

Emergency planning and evacuation

Floods and storm protection

Government trust funds

Natural disasters
Latest action: action_date: 2023-01-05
text: Became Public Law No: 117-332.

Summaries:
action_date: 2021-03-16
action_desc: Introduced in House
text: <p><b>Hazard Eligibility and Local Projects Act</b></p> <p>This bill makes an entity seeking assistance under a hazard mitigation assistance program eligible to receive such assistance for certain projects already in progress.</p>

action_date: 2021-11-02
action_desc: Reported to House, Part I
text: <p><b>Hazard Eligibility and Local Projects Act</b></p> <p>This bill makes an entity seeking assistance under a hazard mitigation assistance program eligible to receive such assistance for certain projects already in progress.</p>

action_date: 2021-11-04
action_desc: Passed House
text: <p><b>Hazard Eligibility and Local Projects Act</b></p> <p>This bill makes an entity seeking assistance under a hazard mitigation assistance program eligible to receive such assistance for certain projects already in progress.</p>

action_date: 2022-12-14
action_desc: Passed Senate
text: <p><b>Hazard Eligibility and Local Projects Act</b></p> <p>This bill makes an entity seeking assistance under a hazard mitigation assistance program eligible to receive such assistance for certain projects already in progress.</p> <p>Specifically, this bill covers a project that</p> <ul> <li>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</li> <li>qualifies for a categorical exclusion under the National Environmental Policy Act of 1969.</li> </ul> <p>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.</p> <p>FEMA must report to Congress, within 180 days of enactment and annually thereafter for three years, on use of the authority under this bill.</p> <p>Such authority terminates three years after enactment.</p>

action_date: 2023-01-05
action_desc: Public Law
text: <p><b>Hazard Eligibility and Local Projects Act</b></p> <p>This act makes an entity seeking assistance under a hazard mitigation assistance program eligible to receive such assistance for certain projects already in progress.</p> <p>Specifically, this act covers a project that</p> <ul> <li>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</li> <li>qualifies for a categorical exclusion under the National Environmental Policy Act of 1969.</li> </ul> <p>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.</p> <p>FEMA must report to Congress, within 180 days of enactment and annually thereafter for three years, on use of the authority under this act.</p> <p>Such authority terminates three years after enactment.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 1917 IN THE HOUSE OF REPRESENTATIVES March 16, 2021 Mrs. Fletcher (for herself and Mr. McCaul ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 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, the following definitions apply: (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. (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.

tv_txt: IB Union Calendar No. 124 117th CONGRESS 1st Session H. R. 1917 [Report No. 117–170, Part I] IN THE HOUSE OF REPRESENTATIVES March 16, 2021 Mrs. Fletcher (for herself and Mr. McCaul ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned November 2, 2021 Additional sponsors: Miss González-Colón , Mr. Rice of South Carolina , Mr. Murphy of North Carolina , Mr. Butterfield , and Mr. Allred November 2, 2021 Reported from the Committee on Transportation and Infrastructure November 2, 2021 Committee on Financial Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed 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, the following definitions apply: (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. (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.

November 2, 2021 Reported from the Committee on Transportation and Infrastructure November 2, 2021 Committee on Finanial Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: IIB 117th CONGRESS 1st Session H. R. 1917 IN THE SENATE OF THE UNITED STATES November 15, 2021 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs AN ACT 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, the following definitions apply: (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. (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.

Passed the House of Representatives November 4, 2021. Cheryl L. Johnson, Clerk

tv_txt: IB 117th CONGRESS 1st Session H. R. 1917 IN THE HOUSE OF REPRESENTATIVES AN ACT 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, the following definitions apply: (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. (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.

Passed the House of Representatives November 4, 2021. Cheryl L. Johnson, Clerk.

tv_txt: IB One Hundred Seventeenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty-two H. R. 1917 AN ACT 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 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.

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

tv_txt: 117th CONGRESS 2d Session H.R. 1917 In the Senate of the United States, December 14, 2022. Amendment:

That the bill from the House of Representatives (H.R. 1917) entitled An Act to modify eligibility requirements for certain hazard mitigation assistance programs, and for other purposes. , do pass with the following Strike all after the enacting clause and insert the following: 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.

Secretary