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This bill would let FEMA speed up certain flood and disaster mitigation projects by waiving or reducing some environmental and historic preservation rules when property is being bought out, demolished, or moved. The goal is to make it easier and faster for communities and property owners to recover after disasters, while still requiring FEMA to review the situation first and consider possible environmental and historic impacts before making an exception.
- It applies only to certain FEMA-assisted projects involving property acquisition, demolition, or relocation tied to disaster recovery and flood mitigation programs.
- FEMA could waive or reduce requirements under several federal laws and orders, including rules on environmental review, historic preservation, endangered species, water and air pollution, wetlands, floodplains, and coastal protection.
- Before doing so, FEMA must consult with state and local officials and others for up to 30 days, and must consider factors like disaster recovery needs, possible environmental harm, and whether a damaged property still has historic value.
- FEMA would have to report to Congress each year for five years on how often these waivers are used, why they were granted, whether they helped speed up the process, and whether more waiver authority is needed.
Official Summaries
Expediting Hazard Mitigation Assistance Projects Act
This bill authorizes the Federal Emergency Management Agency (FEMA) to waive or reduce environmental or historic preservation requirements for property acquisition and structure demolition or relocation projects receiving assistance under certain hazard mitigation programs.
Specifically, this authority applies to such projects receiving funding under FEMA's Hazard Mitigation Grant Program, Building Resilient Infrastructure and Communities, or Flood Mitigation Assistance program. The bill authorizes FEMA to waive or reduce environmental and historic preservation requirements for these projects as FEMA determines appropriate, such as requirements under the National Environmental Policy Act of 1969 or the National Historic Preservation Act.
Before waiving or reducing such requirements, the bill requires FEMA to consult with state and local officials, for no more than 30 days, on the necessity of the waiver or reduction. Also, before making such a determination, FEMA must consider factors including details of the acquisition and demolition or relocation project, the implications for disaster recovery, and whether the waiver or reduction could cause serious environmental issues.
FEMA must report annually to Congress for five years on topics including FEMA's use of its authority under the bill, the extent to which this authority expedited or enhanced the acquisition process under FEMA's programs, and related recommendations.
Current Full Text
[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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