119-s378

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 378 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 378

 To authorize the Federal Emergency Management Agency to waive certain 
 requirements for property acquisition and structure demolition or 
 relocation projects.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 February 3, 2025

 Mr. Lankford introduced the following bill; which was read twice and 
 referred to the Committee on Environment and Public Works

_______________________________________________________________________

 A BILL

 To authorize the Federal Emergency Management Agency to waive certain 
 requirements for property acquisition and structure demolition or 
 relocation projects.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Expediting Hazard Mitigation 
Assistance Projects Act''.

SEC. 2. STREAMLINED PROCEDURES.

    (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--
        (A) relating to--
            (i) property acquisition and structure 
 demolition; or
            (ii) relocation; and
        (B) performed with assistance awarded under--
            (i) section 404 of the Robert T. Stafford 
 Disaster Relief and Emergency Assistance Act 
 (42 U.S.C. 5170c);
            (ii) section 203 of the Robert T. Stafford 
 Disaster Relief and Emergency Assistance Act 
 (42 U.S.C. 5133); or
            (iii) the flood mitigation assistance 
 program carried out under 

section 1366 of the 
 National Flood Insurance Act of 1968 (42 U.S.C. 
 4104c).

    (b) Property Acquisition and Structure Demolition or Relocation 
Assistance Waivers.--

    (1) In general.--Subject to paragraph

    (2) , with respect to 
 a covered project, the Administrator may waive or reduce any 
 applicable environmental or historic preservation requirements 
 of--
        (A) the National Environmental Policy Act of 1969 
 (42 U.S.C. 4321 et seq.);
        (B) division A of subtitle III of title 54, United 
 States Code (commonly referred to as the ``National 
 Historic Preservation Act'');
            (C) the Endangered Species Act of 1973 (16 U.S.C. 
 1531 et seq.);
            (D) the Federal Water Pollution Control Act (33 
 U.S.C. 1251 et seq.) (commonly referred to as the 
 ``Clean Water Act'');
        (E) the Clean Air Act (42 U.S.C. 7401 et seq.);
        (F) the Act of March 3, 1899 (30 Stat. 1121, 
 chapter 425; 33 U.S.C. 403 et seq.) (commonly referred 
 to as the ``Rivers and Harbors Act of 1899)'';
        (G) Executive Order 11988 (42 Fed. Reg. 26951; 
 relating to floodplain management);
        (H) Executive Order 11990 (42 Fed. Reg. 26291; 
 relating to the protection of wetlands);
            (I) the Coastal Zone Management Act of 1972 (16 
 U.S.C. 1451 et seq.);
        (J) the Costal Barrier Resources Act (16 U.S.C. 
 3501 et seq.);
        (K) the Farmland Protection Policy Act (7 U.S.C. 
 4201 et seq.);
            (L) the Comprehensive Environmental Response, 
 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
 et seq.);
            (M) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
 seq.) (commonly referred to as the ``Resource 
 Conservation and Recovery Act of 1976''); or
        (N) any other relevant environmental or historic 
 preservation requirement determined appropriate by the 
 Administrator.

    (2) Consultation; considerations.--Before waiving or 
 reducing requirements for a covered project under paragraph

    (1) , the Administrator shall--
        (A) conduct a consultation, the duration of which 
 shall be not more than 30 days, with--
            (i) appropriate State and local officials 
 with jurisdiction over the area in which the 
 covered project is performed with respect to 
 the necessity of the waiver or reduction; and
            (ii) other individuals determined 
 appropriate by the Administrator; and
        (B) consider--
            (i) the covered project;
            (ii) the recovery process for individuals 
 or communities responding to or preparing for a 
 major disaster;
            (iii) whether the waiver or reduction could 
 cause serious environmental issues that, in the 
 absence of the waiver or reduction, would be 
 reasonably foreseeable;
            (iv) whether the property on which the 
 covered project is being performed is damaged 
 to an extent to which there is no longer any 
 historic preservation value;
            (v) with respect to a covered project being 
 performed in an area a reasonable distance from 
 an area for which a review under the National 
 Environmental Policy Act of 1969 (42 U.S.C. 
 4321 et seq.) or division A of subtitle III of 
 title 54, United States Code has previously 
 occurred, whether the previous review is 
 sufficient for meeting the requirements of that 
 Act or that division; and
            (vi) any other relevant factor.
            (c) Hazard Mitigation.--

Section 404

    (b)

    (1) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c

    (b)

    (1) ) is 
amended by striking ``property acquisition and relocation assistance'' 
and inserting ``property acquisition and structure demolition or 
relocation assistance''.
            (d) Report.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter until the date that is 5 years after 
the date of enactment of this Act, the Administrator 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 that includes, with respect to the 1-
year period preceding the date of the report--

    (1) a summary of the reasons for waiving or reducing 
 requirements in accordance with subsection

    (b)

    (1) ;

    (2) the extent to which the authority to waive or reduce 
 requirements under subsection

    (b)

    (1) expedited or otherwise 
 enhanced the property acquisition process of the Federal 
 Emergency Management Agency;

    (3) whether the Administrator recommends additional waiver 
 authority from other statutory or regulatory requirements 
 relating to the environment or historic preservation; and

    (4) any other matter determined appropriate by the 
 Administrator.

    (e) Regulations.--The Administrator shall promulgate regulations to 
carry out this Act.
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