H.R. 1735 Text - Reported in House - 115th Congress (2017-2018)

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.

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 “Community Empowerment for Mitigated Properties Act of 2017”.

SEC. 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;

(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

(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.”.