Direct Property Acquisitions Act

Bill: 119-s-374
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 Homeland Security and Governmental Affairs.

Summaries:
action_date: 2025-02-03
action_desc: Introduced in Senate
text: <p><strong>Direct Property Acquisitions Act</strong></p><p>This bill requires the Federal Emergency Management Agency (FEMA) to establish a pilot program for local governments selected by FEMA to apply directly to FEMA for Hazard Mitigation Grant Program (HMGP) assistance for property acquisition and structure demolition or relocation projects. FEMA must also submit annual reports.</p><p>Under current&nbsp;FEMA regulations, local governments are ineligible to apply directly to FEMA for HMGP assistance and must apply indirectly through a state or Indian tribal government. The bill authorizes local governments, if determined eligible and selected by&nbsp;FEMA, to apply directly to FEMA for HMGP assistance for property acquisition. The pilot program must terminate within eight years after&nbsp;FEMA’s initial selection. Local governments may participate for up to 48 months.&nbsp;</p><p>The bill requires&nbsp;FEMA to select up to two local governments from each of FEMA’s 10 regions (only one per state) to participate. For a local government to be eligible,&nbsp;FEMA must determine it is capable of meeting all applicable federal and state requirements for administering hazard mitigation assistance with limited assistance from the state, and FEMA must receive positive feedback from the state regarding its eligibility. In making this determination,&nbsp;FEMA must consult with the state and provide written justification for its decision based on factors including the local government’s history of implementing hazard mitigation projects and level of risk from severe weather.</p><p>Additionally, the bill requires&nbsp;FEMA to submit to specified congressional committees an annual report evaluating the pilot program’s effectiveness and future.&nbsp;</p>

tv_txt: II 119th CONGRESS 1st Session S. 374 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 Homeland Security and Governmental Affairs A BILL To establish a pilot program for property acquisition projects, and for other purposes.

1. Short title This Act may be cited as the Direct Property Acquisitions Act . 2. Pilot program for property acquisitions (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Federal Emergency Management Agency. (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Transportation and Infrastructure of the House of Representatives. (3) Covered community The term covered community means a local government determined by the Administrator to be able to meet relevant Federal and State statutory and regulatory requirements for hazard mitigation assistance— (A) with limited assistance from the State in which the local government is located; and (B) for which the Administrator received positive feedback from the State in which the local government is located relating to eligibility for the pilot program. (4) Local government; State The terms local government and State have the meanings given those terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). (5) Pilot program The term pilot program means the pilot program established under subsection (b). (b) Establishment The Administrator shall carry out a pilot program under which covered communities may directly apply to the Administrator for hazard mitigation assistance for the purposes of property acquisition and structure demolition or relocation assistance under section 404(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c(b) ). (c) Selection (1) Considerations In determining whether a local government is a covered community for purposes of the pilot program, the Administrator shall— (A) consult with the State in which the local government is located before determining the suitability of the local government for the pilot program; and (B) provide a written justification to the local government and the State in which the local government is located for selecting or not selecting the local government for the pilot program, which shall be based on— (i) the prior performance and current processes of the local government relating to property acquisitions and other hazard mitigation projects; (ii) the level of need in the local government in conducting or completing future or ongoing property acquisition and structure demolition or relocation assistance projects; (iii) the risks posed to the local government by inclement weather; and (iv) such other matters as the Administrator determines relevant. (2) Criteria (A) In general The Administrator shall select not more than 2 local governments from each Federal Emergency Management Agency region to participate in the pilot program. (B) Limitation Not more than 1 local government shall be selected from a State within a Federal Emergency Management Agency region. (C) Federal Register notice Not later than 1 year after the date of enactment of this Act, the Administrator shall publish in the Federal Register a notice detailing the requirements for local governments seeking to participate in the pilot program. (3) Length of participation A covered community may not participate in the pilot program for a period of more than 48 months. (d) Annual report The Administrator shall submit to the appropriate congressional committees an annual report on the effectiveness of the pilot program, which shall include— (1) a summary of the relevant characteristics of covered communities selected for the pilot program, including relevant demographic information, the number of properties in the covered community participating in the National Flood Insurance Program, and whether each covered community was frequently impacted by other, non-flooding-related major disasters; (2) a determination of whether the pilot program significantly expedited the property acquisition process of the Federal Emergency Management Agency in covered communities that participated in the pilot program; (3) an evaluation of the problems, or potential problems, caused or likely to be caused by permanently allowing covered communities to directly apply for hazard mitigation assistance for the purposes of property acquisition and structure demolition or relocation assistance under section 404(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c(b) ), which shall be informed by— (A) feedback from covered communities participating in the pilot program; (B) the States in which the covered communities participating in the pilot program are located; and (C) such other factors as the Administrator determines relevant; and (4) an evaluation of whether the pilot program should be made permanent, ended, or extended for a certain period of time. (e) Termination The pilot program shall terminate not later than 8 years after the date on which the Administrator selects the covered communities for participation in the pilot program under subsection (c)(2). (f) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the pilot program.