Sec. 7. Hazard mitigation pilot program
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In this section: The term Administrator means the Administrator of the Federal Emergency Management Agency. The term eligible jurisdiction means— a jurisdiction within an area for which the President declared a major disaster in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); and an area in which assistance is provided under section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5187 ).
Not later than 1 year after the date of enactment of this Act, the Administrator shall establish a pilot program for the administration of the hazard mitigation grant program established under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c ) in eligible jurisdictions to— include additional wildfire-specific eligible activities described in subsection (c); and facilitate the timely disbursement of awards using new procedures adopted under subsection (d).
An eligible jurisdiction may use amounts received under this section to— support the adoption and implementation of fire-adapted community programs; create or expand defensible spaces that are not more than 300 feet from a structure; develop emergency preparedness and communications materials for individuals with limited English proficiency; organize and plan for the deployment of interagency, multi-jurisdictional burned area emergency response teams on non-Federal lands; and carry out any other wildfire hazard mitigation project as determined appropriate by the Administrator.
Not later than 90 days after the date of enactment of this Act, the Administrator may adopt new procedures to provide assistance to eligible jurisdictions to carry out activities and projects under this section. The new procedures adopted under paragraph
(1)shall further the goals of— reducing the cost to the Federal Government of providing assistance; increasing the flexibility in the administration of assistance; expediting the provision of assistance to eligible jurisdictions; and providing financial incentives and disincentives for an eligible jurisdiction for the timely and cost-effective completion of activities and projects using assistance provided under this section. Participation in the new procedures adopted under paragraph
(1)shall be at the election of an eligible jurisdiction, consistent with procedures determined by the Administrator. The new procedures adopted under paragraph
(1)shall include the following: Making grants on the basis of fixed estimates, if the eligible jurisdiction agrees to be responsible for any actual costs that exceed the estimate. Providing an option for an eligible jurisdiction to elect to receive an in-lieu contribution, without reduction, on the basis of estimates of the costs and expenses associated with executing and managing projects. Consolidating, to the extent determined appropriate by the Administrator, the facilities of an eligible jurisdiction as a single project based upon the estimates adopted under the procedures. If the actual costs of a project completed under the procedures are less than the estimated costs thereof, permitting a grantee or subgrantee to use all or part of the excess funds for other activities allowed under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c ) or to improve future hazard mitigation grant program operations or planning. In determining eligible costs under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c ), the Administrator shall, at the request of an eligible jurisdiction— make available, at the request of an eligible jurisdiction and where the Administrator, or the certified cost estimate prepared by professionally licensed engineers of the eligible jurisdiction, has estimated an eligible Federal share for a project of not less than $5,000,000, an independent expert panel to validate the estimated eligible cost consistent with applicable regulations, policies, and guidance implementing this section; and consider properly conducted and certified cost estimates prepared by professionally licensed engineers who are mutually agreed upon by the Administrator and the eligible jurisdiction, to the extent that those estimates comply with applicable regulations, policy, and guidance. The Administrator may promulgate regulations to carry out the pilot program established under this section. Section 553 of title 5, United States Code, shall not apply to regulations promulgated under paragraph (1). Not later than 2 years after the date of enactment of this Act, the Inspector General of the Department of Homeland Security 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 on the additional eligible activities and new procedures carried out under the pilot program. The report shall contain an assessment of the effectiveness of the additional eligible activities and new procedures described in subsections
(c)and (d), respectively, including— whether the additional eligible activities and new procedures helped to improve the general speed of recovery from wildfire; the accuracy of the estimated costs described in subsection (d)(4)(D); whether the financial incentives and disincentives were effective; whether the new procedures were cost effective; whether the independent expert panel described in subsection (d)(4)(E)(i) was effective; and recommendations for whether the new procedures should be continued and any recommendations for changes to the new procedures. The pilot program established under this section shall be carried out during the 3-year period beginning on the date on which the pilot program is established.
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