In the nature of a substitute.

1. Replaces the bill's text with a full substitute

   Replaces the full textEverything after the enacting clause

   In H.R. 1917 · Referred in Senate

   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 [struck: OR RELOCATION ][inserted: AND DEMOLITION ASSISTANCE ]PROJECTS.

   Struck: (a) Eligibility for Assistance for Initiated Projects.--

   Struck: (1) In general.--Notwithstanding any other provision of law, an entity seeking assistance under a hazard mitigation assistance program shall be eligible to receive such assistance for a covered project if the entity--

   Struck: (A) complies with all other eligibility requirements of the hazard mitigation assistance program for acquisition or relocation projects, including extinguishing all incompatible encumbrances; and

   Struck: (B) complies with all Federal requirements for the project.

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   Struck: (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.

   ([struck: b][inserted: a]) Definitions.--In this section[struck: , the following definitions apply]:

   Inserted: (1) Administrator.--The term "Administrator" means the Administrator of the Federal Emergency Management Agency.

   ([struck: 1][inserted: 2]) Covered project.--The term "covered project" means[inserted: a project that]--

   (A) [inserted: is ]an acquisition [struck: or relocation][inserted: and demolition] project for which an entity began implementation[struck: prior to grant award ][inserted: , including planning or construction, before or after requesting assistance for the project ]under a hazard mitigation assistance program; and

   Struck: (B) a project for which an entity initiated planning or construction before or after requesting assistance for the project under a hazard mitigation assistance program qualifying for a categorical exemption under the National Environmental Policy Act.

   Inserted: (B) qualifies for a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.).

   ([struck: 2][inserted: 3]) Hazard mitigation assistance program.--The term "hazard mitigation assistance program" means--

   (A) [struck: the predisaster hazard mitigation ][inserted: any ]grant program authorized under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133);

   (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); and

   (C) the flood mitigation assistance program authorized under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c).

   Struck: (c) Applicability.--This section shall apply to funds appropriated on or after the date of enactment of this Act.

   Struck: Passed the House of Representatives November 4, 2021.

   Inserted: (b) Eligibility for Assistance for Covered Projects.--

   Inserted: (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--

   Inserted: (A) the entity--

   Inserted: (i) complies with all other eligibility requirements of the hazard mitigation assistance program for acquisition or demolition projects, including extinguishing all incompatible encumbrances; and

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

   Inserted: (B) the Administrator determines that the covered project--

   Inserted: (i) qualifies for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

   Inserted: (ii) is compliant with applicable floodplain management and protection of wetland regulations and criteria; and

   Inserted: (iii) does not require consultation under any other environmental or historic preservation law or regulation or involve any extraordinary circumstances.

   Inserted: (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.

   Inserted: (c) Applicability.--This Act shall apply to covered projects started on or after the date of enactment of this Act.

   Inserted: (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--

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   Inserted: (1) how many applicants used the authority;

   Inserted: (2) how many applicants using the authority successfully obtained a grant;

   Inserted: (3) how many applicants were not able to successfully obtain a grant;

   Inserted: (4) the reasons applicants were not able to obtain a grant; and

   Inserted: (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.

   Inserted: (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.

   Original wording

   Strike all after the enacting clause and insert the following:

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As printed