Direct Property Acquisitions Act
This bill requires the Federal Emergency Management Agency (FEMA) to establish a pilot program for local governments selected by FEMA to apply directly to FEMA for Hazard Mitigation Grant Program (HMGP) assistance for property acquisition and structure demolition or relocation projects. FEMA must also submit annual reports.
Under current FEMA regulations, local governments are ineligible to apply directly to FEMA for HMGP assistance and must apply indirectly through a state or Indian tribal government. The bill authorizes local governments, if determined eligible and selected by FEMA, to apply directly to FEMA for HMGP assistance for property acquisition. The pilot program must terminate within eight years after FEMA’s initial selection. Local governments may participate for up to 48 months.
The bill requires FEMA to select up to two local governments from each of FEMA’s 10 regions (only one per state) to participate. For a local government to be eligible, FEMA must determine it is capable of meeting all applicable federal and state requirements for administering hazard mitigation assistance with limited assistance from the state, and FEMA must receive positive feedback from the state regarding its eligibility. In making this determination, FEMA must consult with the state and provide written justification for its decision based on factors including the local government’s history of implementing hazard mitigation projects and level of risk from severe weather.
Additionally, the bill requires FEMA to submit to specified congressional committees an annual report evaluating the pilot program’s effectiveness and future.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 374 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 374
To establish a pilot program for property acquisition projects, and for
other purposes.
_______________________________________________________________________
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 Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To establish a pilot program for property acquisition projects, and for
other purposes.
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 ``Direct Property Acquisitions Act''.
SEC. 2. PILOT PROGRAM FOR PROPERTY ACQUISITIONS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
(3) Covered community.--The term ``covered community''
means a local government determined by the Administrator to be
able to meet relevant Federal and State statutory and
regulatory requirements for hazard mitigation assistance--
(A) with limited assistance from the State in which
the local government is located; and
(B) for which the Administrator received positive
feedback from the State in which the local government
is located relating to eligibility for the pilot
program.
(4) Local government; state.--The terms ``local
government'' and ``State'' have the meanings given those terms
in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122).
(5) Pilot program.--The term ``pilot program'' means the
pilot program established under subsection (b).
(b) Establishment.--The Administrator shall carry out a pilot
program under which covered communities may directly apply to the
Administrator for hazard mitigation assistance for the purposes of
property acquisition and structure demolition or relocation assistance
under section 404(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c(b)).
(c) Selection.--
(1) Considerations.--In determining whether a local
government is a covered community for purposes of the pilot
program, the Administrator shall--
(A) consult with the State in which the local
government is located before determining the
suitability of the local government for the pilot
program; and
(B) provide a written justification to the local
government and the State in which the local government
is located for selecting or not selecting the local
government for the pilot program, which shall be based
on--
(i) the prior performance and current
processes of the local government relating to
property acquisitions and other hazard
mitigation projects;
(ii) the level of need in the local
government in conducting or completing future
or ongoing property acquisition and structure
demolition or relocation assistance projects;
(iii) the risks posed to the local
government by inclement weather; and
(iv) such other matters as the
Administrator determines relevant.
(2) Criteria.--
(A) In general.--The Administrator shall select not
more than 2 local governments from each Federal
Emergency Management Agency region to participate in
the pilot program.
(B) Limitation.--Not more than 1 local government
shall be selected from a State within a Federal
Emergency Management Agency region.
(C) Federal register notice.--Not later than 1 year
after the date of enactment of this Act, the
Administrator shall publish in the Federal Register a
notice detailing the requirements for local governments
seeking to participate in the pilot program.
(3) Length of participation.--A covered community may not
participate in the pilot program for a period of more than 48
months.
(d) Annual Report.--The Administrator shall submit to the
appropriate congressional committees an annual report on the
effectiveness of the pilot program, which shall include--
(1) a summary of the relevant characteristics of covered
communities selected for the pilot program, including relevant
demographic information, the number of properties in the
covered community participating in the National Flood Insurance
Program, and whether each covered community was frequently
impacted by other, non-flooding-related major disasters;
(2) a determination of whether the pilot program
significantly expedited the property acquisition process of the
Federal Emergency Management Agency in covered communities that
participated in the pilot program;
(3) an evaluation of the problems, or potential problems,
caused or likely to be caused by permanently allowing covered
communities to directly apply for hazard mitigation assistance
for the purposes of property acquisition and structure
demolition or relocation assistance under section 404(b) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170c(b)), which shall be informed by--
(A) feedback from covered communities participating
in the pilot program;
(B) the States in which the covered communities
participating in the pilot program are located; and
(C) such other factors as the Administrator
determines relevant; and
(4) an evaluation of whether the pilot program should be
made permanent, ended, or extended for a certain period of
time.
(e) Termination.--The pilot program shall terminate not later than
8 years after the date on which the Administrator selects the covered
communities for participation in the pilot program under subsection
(c)(2).
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the pilot
program.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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