S 378

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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. <all>