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Code · BILL · 115th Congress · H.R. 2583 (Introduced in House) — To authorize the Secretary of Housing and Urban Development to carry out a Community Resilience Grant Program, and fo... · Sec. 3

Sec. 3. Community Resilience Grant Program

1,230 words·~6 min read·/bill/115/hr/2583/ih/section-3·

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The Secretary of Housing and Urban Development shall carry out a Community Resilience Grant Program under this section to provide assistance to communities for increasing resilience to chronic stresses and acute shocks, including improving long-term resilience of infrastructure and housing. Grant amounts shall be awarded on a competitive basis, as provided under section 102 of the Department of Housing and Urban Development Reform Act of 1989 ( 42 U.S.C. 3545 ), only to eligible entities, within whose boundaries or jurisdictions are located any area for which a major disaster was declared pursuant to section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ), during the 5-year period ending upon the date on which the eligible entity submits an application for such a grant. Amounts from a resilience grant may be used only for activities authorized under either section 105 or 108 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305 , 5308), but not including activities under paragraphs
(9)and
(10)of such section 105(a). The Secretary shall consult with the Administrator of the Federal Emergency Management Agency, the Chief of Engineers and Commanding General of the United States Army Corps of Engineers, the Administrator of the Environmental Protection Agency, and the Secretary of Transportation before awarding a resilience grant to ensure that there is no duplication of assistance with respect to activities carried out with amounts provided from a resilience grant. The Secretary shall require each recipient of a resilience grant to supplement the amounts of the grant with an amount of funds from non-Federal sources that is not less than 50 percent of the amount of the resilience grant. Supplemental funds provided under paragraph
(1)may include any non-monetary, in-kind contributions in connection with activities carried out under the plan approved under subsection
(e)for the grant recipient. The Secretary shall provide for eligible entities to submit applications for resilience grants. The Secretary shall require each application for a resilience grant to include a plan detailing the proposed use of all grant funds, including how the use of such funds will address long-term resilience of infrastructure and housing. Resilience grants shall be awarded on a competitive basis and the Secretary shall establish and utilize a transparent, reliable, and valid system for reviewing and evaluating applications for resilience grants, in accordance with section 102 of the Department of Housing and Urban Development Reform Act of 1989 ( 42 U.S.C. 3545 ). The Secretary shall establish, by notice, and utilize criteria for selecting applications to be funded under this section, which shall— be based primarily on a determination of greatest need, as such term is defined by the Secretary; provide due consideration to other enumerated factors, including the ability of the plan for use of grant funds required under paragraph (1)(B) to increase an applicant's resilience, and the capacity of the applicant to successfully implement the activities described in such plan; provide that the Secretary shall consider that an application that includes a plan for use of grant funds that consists of a resilience or mitigation plan previously approved by another Federal agency, including a hazard mitigation plan developed under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ), shall be sufficient for purposes of paragraph (1)(B) if, together with such plan, the applicant includes a detailed description regarding use of all grant funds provided under this section; give consideration to the need for resilience grants to be awarded to eligible entities in each region of the United States; and give consideration to applicants whose plans submitted under paragraph (1)(B) propose innovative approaches to increasing community resilience to extreme weather, including increasing long-term resilience of infrastructure and housing and economic resilience. Except as otherwise provided by this Act, amounts appropriated, revenues generated, or amounts otherwise made available to eligible entities under this section shall be treated as though such funds were community development block grant funds under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq.). In order to ensure that the policies of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), and other provisions of law which further the purposes of such Act (as specified in regulations issued by the Secretary) are most effectively implemented in connection with the expenditure of funds under this section, and to assure to the public undiminished protection of the environment, the Secretary, in lieu of the environmental protection procedures otherwise applicable, may under regulations provide for the release of funds for particular projects to recipients of resilience grants who assume all of the responsibilities for environmental review, decisionmaking, and action pursuant to such Act, and such other provisions of law as the regulations of the Secretary specify, that would apply to the Secretary were the Secretary to undertake such projects as Federal projects. The Secretary shall issue regulations to carry out this paragraph only after consultation with the Council on Environmental Quality. The Secretary shall approve the release of funds for projects subject to the procedures authorized by this subsection only if, at least 15 days prior to such approval and prior to any commitment of funds to such projects other than for purposes authorized by section 105(a)(12) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305(a)(12) ), or for environmental studies, the recipient of a resilience grant has submitted to the Secretary a request for such release accompanied by a certification which meets the requirements of paragraph (3). The Secretary's approval of any such certification shall be deemed to satisfy the Secretary’s responsibilities under the National Environmental Policy Act of 1969 and such other provisions of law as the regulations of the Secretary specify insofar as those responsibilities relate to the releases of funds for projects to be carried out pursuant thereto which are covered by such certification. A certification under the procedures authorized by this subsection shall— be in a form acceptable to the Secretary; be executed by the chief executive officer or other officer of the recipient of a resilience grant who is qualified under regulations of the Secretary; specify that the recipient of the resilience grant has fully carried out its responsibilities as described under paragraph
(1)of this subsection; and specify that the certifying officer— consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 and each provision of law specified in regulations issued by the Secretary insofar as the provisions of such Act or other such provision of law apply pursuant to paragraph
(1)of this subsection; and is authorized and consents on behalf of the recipient of the resilience grant and the certifying office to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities as such an official. In the case of a resilience grant made to a State— the State shall perform those actions of the Secretary described in paragraph (2); and the performance of such actions shall be deemed to satisfy the Secretary's responsibilities referred to in subparagraph
(B)of such paragraph. The Secretary shall implement this subsection in a manner consistent with the implementation of section 104(g) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304(g) ).
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