S 1877 — Hazard Eligibility and Local Projects Act

1877 IntroducedReported in Senate (IS)](RS)] <DOC> 117thCalendar CONGRESSNo. 1st Session S.

1877557 To117th modifyCONGRESS eligibility2d requirementsSession forS. certain hazard mitigation assistance programs, and for other purposes.

1877 [Report No.

117-205] To modify eligibility requirements for certain hazard mitigation assistance programs, and for other purposes.

Cruz, and Mr.

Lankford)Lankford, introducedMr. the following bill;

whichWarnock, was read twice and referredMs. to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To modify eligibility requirements for certain hazard mitigation assistance programs, and for other purposes.

BeHassan) itintroduced enacted by the Senatefollowing andbill; House of Representatives of the United States of America in Congress assembled, SECTION 1.

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs November 17, 2022 Reported by Mr.

Peters, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ A BILL To modify eligibility requirements for certain hazard mitigation assistance programs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1.

SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Hazard Eligibility and Local Projects Act''.</DELETED> <DELETED>SEC.

2.

AUTHORITY TO BEGIN IMPLEMENTATION OF ACQUISITION OR RELOCATION PROJECTS.</DELETED> <DELETED> (a) Eligibility for Assistance for Initiated Projects.-- </DELETED> <DELETED> (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--</DELETED> <DELETED> (A) complies with all other eligibility requirements of the hazard mitigation assistance program for acquisition or relocation projects, including extinguishing all incompatible encumbrances;

and</DELETED> <DELETED> (B) complies with all Federal requirements for the project.</DELETED> <DELETED> (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.</DELETED> <DELETED> (b) Definitions.--In this section:</DELETED> <DELETED> (1) Covered project.--The term ``covered project'' means--</DELETED> <DELETED> (A) an acquisition or relocation project for which an entity began implementation prior to grant award under a hazard mitigation assistance program;

and</DELETED> <DELETED> (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 of 1969 (42 U.S.C.

4321 et seq.).</DELETED> <DELETED> (2) Hazard mitigation assistance program.--The term ``hazard mitigation assistance program'' means--</DELETED> <DELETED> (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);</DELETED> <DELETED> (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</DELETED> <DELETED> (C) the flood mitigation assistance program authorized under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C.

4104c).</DELETED> <DELETED> (c) Applicability.--This section shall apply to funds appropriated on or after the date of enactment of this Act.</DELETED> SECTION 1.

AUTHORITY TO BEGIN IMPLEMENTATION OF ACQUISITION ORAND RELOCATIONDEMOLITION ASSISTANCE PROJECTS.

(a) EligibilityDefinitions.--In forthis Assistancesection: 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(1) (B)Administrator.--The compliesterm with``Administrator'' allmeans Federalthe requirementsAdministrator forof the project.Federal Emergency Management Agency.

(2) CostsCovered incurred.--Anproject.--The entityterm seeking``covered assistanceproject'' undermeans a hazardproject mitigationthat-- assistance(A) programis shallan beacquisition responsibleand fordemolition any project costsfor incurredwhich byan the entity forbegan aimplementation, coveredincluding projectplanning ifor theconstruction, coveredbefore projector isafter notrequesting awarded,assistance orfor isthe determinedproject tounder bea ineligiblehazard for,mitigation assistance.assistance program;

(b)and Definitions.--In(B) thisqualifies section:for a categorical exclusion under the National Environmental Policy Act of 1969 (? 42 U.S.C.

(1)et Coveredseq.). 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(3) (B)Hazard amitigation project for which an entity initiated planning or construction before or after requesting assistance forprogram.--The theterm project``hazard under a hazard mitigation assistance programprogram'' qualifyingmeans-- for(A) aany categoricalgrant exemptionprogram authorized under thesection National203 Environmental Policy Act of 1969the (42Robert U.S.C.T.

4321 et seq.).

(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.

(c)(b) Applicability.--ThisEligibility sectionfor shallAssistance applyfor Covered Projects.-- (1) In general.--An entity seeking assistance under a hazard mitigation assistance program may be eligible to fundsreceive appropriatedthat onassistance orfor aftera covered project if-- (A) the dateentity-- of(i) enactmentcomplies with all other eligibility requirements of thisthe Act.hazard mitigation assistance program for acquisition or demolition projects, including extinguishing all incompatible encumbrances;

<all>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 (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.