H.R. 1735

Community Empowerment for Mitigated Properties Act of 2017

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Union Calendar No. 309

115th CONGRESS

1st Session

H. R. 1735

[Report No. 115–417]

IN THE HOUSE OF REPRESENTATIVES

March 27, 2017

Mr. Babin introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

November 21, 2017

Additional sponsor: Ms. Eddie Bernice Johnson of Texas

November 21, 2017

Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Omit the part struck through and insert the part printed in italic

A BILL

To direct the Administrator of the Federal Emergency Management Agency to issue guidance regarding implementation of certain buy-outs or the acquisition of property for open space as a flood mitigation measure, and for other purposes.

1.

Short title

This Act may be cited as the Community Empowerment for Mitigated Properties Act of 2017.

2.

Guidance on hazard mitigation assistance

(a)

In general

Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall issue guidance regarding a buy-out or the acquisition of property for open space as a mitigation measure under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) that includes—

(1)

a process by which the State hazard mitigation officer appointed for such a buy-out or an acquisition shall, not later than 60 days after the applicant for assistance enters into an agreement with the Administrator regarding the buy-out or acquisition, provide written notification to each affected unit of local government for such buy-out or acquisition that includes—

(A)

the location of the buy-out or acquisition;

(B)

the State-local assistance agreement for the hazard mitigation grant program;

(C)

a description of the buy-out or acquisition; and

(D)

a copy of the model deed restriction; and

(2)

recommendations for entering into and implementing a memorandum of understanding between units of local government and covered entities that includes provisions to allow an affected unit of local government notified under paragraph (1) to—

(A)

use and maintain the open space created by such a project, consistent with section 404 (including related regulations, standards, and guidance) and consistent with all adjoining property, subject to the notification of the adjoining property, so long as the cost of the maintenance is borne by the local government; and

(B)

maintain the open space pursuant to standards exceeding any local government standards defined in the agreement with the Administrator described under paragraph (1).

(b)

Definitions

In this section:

(1)

Affected unit of local government

The term affected unit of local government means any entity covered by the definition of local government in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), that has jurisdiction over the location of a buy-out or property subject to the acquisition described in subsection (a).

(2)

Covered entity

The term covered entity means—

(A)

the grantee or subgrantee receiving assistance for an open space project described in subsection (a);

(B)

the State in which such project is located; and

(C)

the applicable State hazard mitigation officer; and

(D)

the applicable regional administrator.

(C)

the applicable Regional Administrator of the Federal Emergency Management Agency.

Amend the title so as to read: A bill to direct the Administrator of the Federal Emergency Management Agency to issue guidance regarding the acquisition of property for open space as a flood mitigation measure, and for other purposes..

November 21, 2017

Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed