Hazard Eligibility and Local Projects Act
PL 117-332 (H.R.1917), enacted 01/05/2023

[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.

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