Public Law 117-332. Hazard Eligibility and Local Projects Act

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An Act To modify eligibility requirements for certain hazard mitigation assistance programs, and for other purposes.Jan. 5, 2023[[H.R. 1917](/us/bill/117/hr/1917)] * Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Hazard Eligibility and Local Projects Act.[42 USC 5170c note](/us/usc/t42/s5170c). ## 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.](/us/usc/t42/s4321/etseq)). ####

(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](/us/usc/t42/s5133)); #####

(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](/us/usc/t42/s5170c)); and #####

(C)the flood mitigation assistance program authorized under section 1366 of the National Flood Insurance Act of 1968 ([42 U.S.C. 4104c](/us/usc/t42/s4104c)). ###

(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; and136 STAT. 6120 ######

(ii)complies with all Federal requirements for the covered project; and #####

(B)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.](/us/usc/t42/s4321/etseq)); ######

(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.

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