Sec. 301. Preapproved project mitigation plans
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Section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ) is amended by adding at the end the following: To be eligible to carry out projects pursuant to the requirements of this subsection, a State or Indian tribal government shall, in consultation with appropriately licensed professionals (as such term is defined in section 409(b)(5)), develop and submit to the President a preapproved project mitigation plan. If a State or Indian tribal government does not submit a plan under paragraph
(1)not later than 3 years after the date of enactment of the FEMA Act of 2025 , the State or Indian tribal government shall not be eligible for an increased Federal share under subsection (c)(3) of section 409 for any assistance provided under such section. A preapproved mitigation plan described in paragraph
(1)shall include— a list of projects designed to mitigate damage caused by natural disasters that may occur in such State or the jurisdiction of the Indian tribal government, as applicable; with respect to a State— not fewer than 1 project for each county or county equivalent in the State; or a written description explaining why a county or county equivalent does not have a proposed project under the plan; a detailed description of each project and the benefits of such project; and an estimated cost for each project. A project is eligible to be included in a preapproved project mitigation plan described in paragraph
(1)if such project is eligible for assistance under section 203, 205, or 404. The President shall establish a peer review process for a nonpartisan panel of at least 30 individuals with expertise related to emergency management, natural hazard mitigation for a wide variety of hazards, including flooding, tornadoes, wildfire, and earthquakes, or insurance underwriting to conduct peer reviews of— the projects contained in plans submitted under this subsection; and previously denied projects resubmitted for approval and inclusion in a preapproved project mitigation plan. The term of service for a member of the panel shall be 1 year. An individual may not serve consecutive terms on the panel. Qualified individuals shall elect to serve on the panel following a solicitation by the President for prospective panel members. In establishing the peer review process under subparagraph (A), the President shall require that the peer review panel— determine whether each project listed in a plan submitted by a State or Indian tribal government under paragraph
(1)is cost-effective and designed to reduce injuries, loss of life, and damage and destruction of property, including damage to critical services and facilities under the jurisdiction of the State and or Indian tribal government; and recommend to the President approval or denial of each such project not later than 3 months after the submission of such plan. chapter 10 of title 5, United States Code Chapter 10 of title 5, United States Code, shall not apply to activities carried out under this paragraph. Not later than 1 month after receiving the recommendations under subparagraph (B)(ii), the President shall— approve or deny each project in the plan submitted by a State or Indian tribal government; for any plan that contains a project that is approved, approve preapproved project mitigation plan as containing only the projects approved under clause (i); and for any plan that contains a project that is denied, notify the applicable State or Indian tribal government, including information on the reasons for such a denial and any information necessary for the State or Indian tribal government to update such project for resubmission. In approving a project under this subparagraph (A)(i), the President shall consider the following: The findings and recommendations of the peer reviews carried out under paragraph (3). The degree to which the projects contained in the plan reduce deaths, injuries, and property damage by reducing the risks associated with natural disasters. The extent of the need of the entity to carry out the projects contained in the plan and the potential of such projects to mitigate hazards to the United States. The President may provide technical assistance to a State or Indian tribal government with respect to which a project was denied under subparagraph (A)(i) to assist such State or Indian tribal government to resubmit the project for approval under this subsection. If the President does not make a determination or provide notification under this paragraph, as applicable, with respect to a plan submitted under paragraph
(1)not later than 1 month after the peer-review panel submits recommendations under paragraph (3)(B)(ii), such plan shall— be deemed to be approved under this subsection; and consist of only the projects recommended for approval by the peer review panel under paragraph (3)(B)(ii). In any case in which a project in a preapproved project mitigation plan is not approved, the State or Indian tribal government may redevelop and resubmit such project for approval at any time. A project contained in a plan approved under this subsection shall be considered approved under section 203, 205, or 404, as applicable, and shall not be subject to any additional approval requirements, procedures, or reviews under any such section. The President shall accept revised cost estimates for projects listed in the preapproved project mitigation plan so long as the revised cost is necessary to complete the project as described in such plan, as determined by the President. A State or Indian tribal government that has a plan approved under this subsection may submit an updated plan 2 years after the date on which such plan is approved, and every 2 years thereafter, that contains additional proposed projects. The President shall ensure that each additional project contained in such updated plan be subject to the approval project, including the peer-review process, under this subsection. Nothing in this section shall be construed to limit the discretion of a State or an Indian tribal government to prioritize or advance projects included in a mitigation approved by the President. .
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Sec. 301
Preapproved project mitigation plans
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