Expediting Hazard Mitigation Assistance Projects Act

Bill: 119-s-378
Sponsor: full_name: Sen. Lankford, James [R-OK]
Introduced: 2025-02-03
Policy area: Emergency Management
Latest action: action_date: 2025-02-03
text: Read twice and referred to the Committee on Environment and Public Works.

Summaries:
action_date: 2025-02-03
action_desc: Introduced in Senate
text: <p><strong>Expediting Hazard Mitigation Assistance Projects Act</strong></p><p>This bill authorizes the Federal Emergency Management Agency (FEMA) to waive or reduce environmental or historic preservation requirements for property acquisition and structure demolition or relocation projects receiving assistance under certain hazard mitigation programs.</p><p>Specifically, this authority applies to such projects receiving funding under FEMA's Hazard Mitigation Grant Program, Building Resilient Infrastructure and Communities, or Flood Mitigation Assistance program. The bill authorizes FEMA to waive or reduce environmental and historic preservation requirements for these projects as&nbsp;FEMA determines appropriate, such as requirements under the National Environmental Policy Act of 1969 or the National Historic Preservation Act.</p><p>Before waiving or reducing such requirements, the bill requires&nbsp;FEMA to consult with state and local officials, for no more than 30 days, on the necessity of the waiver or reduction. Also, before making such a determination,&nbsp;FEMA must consider factors  including details of the acquisition and demolition or relocation project, the implications for disaster recovery, and whether the waiver or reduction could cause serious environmental issues.</p><p>FEMA must report annually to Congress for five years on topics including FEMA's use of its authority under the bill, the extent to which this authority expedited or enhanced the acquisition process under FEMA's programs, and related recommendations.</p>

tv_txt: II 119th CONGRESS 1st Session S. 378 IN THE SENATE OF THE UNITED STATES February 3, 2025 Mr. Lankford introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To authorize the Federal Emergency Management Agency to waive certain requirements for property acquisition and structure demolition or relocation projects.

1. Short title This Act may be cited as the Expediting Hazard Mitigation Assistance Projects Act . 2. Streamlined procedures (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— (A) relating to— (i) property acquisition and structure demolition; or (ii) relocation; and (B) performed with assistance awarded under— (i) section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c ); (ii) section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 ); or (iii) the flood mitigation assistance program carried out under section 1366 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c ). (b) Property acquisition and structure demolition or relocation assistance waivers (1) In general Subject to paragraph (2), with respect to a covered project, the Administrator may waive or reduce any applicable environmental or historic preservation requirements of— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) division A of subtitle III of title 54, United States Code (commonly referred to as the National Historic Preservation Act ); (C) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (D) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) (commonly referred to as the Clean Water Act ); (E) the Clean Air Act ( 42 U.S.C. 7401 et seq. ); (F) the Act of March 3, 1899 (30 Stat. 1121, chapter 425; 33 U.S.C. 403 et seq. ) (commonly referred to as the Rivers and Harbors Act of 1899) ; (G) Executive Order 11988 (42 Fed. Reg. 26951; relating to floodplain management); (H) Executive Order 11990 (42 Fed. Reg. 26291; relating to the protection of wetlands); (I) the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ); (J) the Costal Barrier Resources Act ( 16 U.S.C. 3501 et seq. ); (K) the Farmland Protection Policy Act ( 7 U.S.C. 4201 et seq. ); (L) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ); (M) the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ) (commonly referred to as the Resource Conservation and Recovery Act of 1976 ); or (N) any other relevant environmental or historic preservation requirement determined appropriate by the Administrator. (2) Consultation; considerations Before waiving or reducing requirements for a covered project under paragraph (1), the Administrator shall— (A) conduct a consultation, the duration of which shall be not more than 30 days, with— (i) appropriate State and local officials with jurisdiction over the area in which the covered project is performed with respect to the necessity of the waiver or reduction; and (ii) other individuals determined appropriate by the Administrator; and (B) consider— (i) the covered project; (ii) the recovery process for individuals or communities responding to or preparing for a major disaster; (iii) whether the waiver or reduction could cause serious environmental issues that, in the absence of the waiver or reduction, would be reasonably foreseeable; (iv) whether the property on which the covered project is being performed is damaged to an extent to which there is no longer any historic preservation value; (v) with respect to a covered project being performed in an area a reasonable distance from an area for which a review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) or division A of subtitle III of title 54, United States Code has previously occurred, whether the previous review is sufficient for meeting the requirements of that Act or that division; and (vi) any other relevant factor. (c) Hazard mitigation Section 404(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c(b)(1) ) is amended by striking property acquisition and relocation assistance and inserting property acquisition and structure demolition or relocation assistance . (d) Report Not later than 1 year after the date of enactment of this Act, and annually thereafter until the date that is 5 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes, with respect to the 1-year period preceding the date of the report— (1) a summary of the reasons for waiving or reducing requirements in accordance with subsection (b)(1); (2) the extent to which the authority to waive or reduce requirements under subsection (b)(1) expedited or otherwise enhanced the property acquisition process of the Federal Emergency Management Agency; (3) whether the Administrator recommends additional waiver authority from other statutory or regulatory requirements relating to the environment or historic preservation; and (4) any other matter determined appropriate by the Administrator. (e) Regulations The Administrator shall promulgate regulations to carry out this Act.