Expediting Hazard Mitigation Assistance Projects Act
The Expediting Hazard Mitigation Assistance Projects Act would give the Federal Emergency Management Agency (FEMA) broad authority to waive or reduce certain environmental and historic preservation review requirements for specific hazard mitigation projects. Specifically, it targets projects that acquire property and demolish or relocate structures (and would include relocation in the scope) funded under the Stafford Act’s Section 404 (hazard mitigation for disasters), Section 203 (additional hazard mitigation assistance), or the Flood Mitigation Assistance program. The aim is to speed up the delivery of protection and recovery efforts after disasters by limiting time-consuming reviews, while requiring some consultation and annual reporting to Congress. In addition to expanding who can be assisted (to include structure demolition or relocation), the bill would amend existing law to broaden the waiver authority, require a 30-day stakeholder consultation before waivers, mandate consideration of several factors (environmental risk, historic value, prior reviews, and recovery needs), and institute regular reporting and required regulations to implement the act.
Key Points
- 1Expanded scope of covered projects: The bill adds “structure demolition or relocation” to the types of hazard mitigation assistance covered, alongside property acquisition and relocation, for FEMA-funded projects under Stafford Act sections 404 and 203 and the Flood Mitigation Assistance program.
- 2Waiver authority for environmental/historic laws: The Administrator of FEMA would be able to waive or reduce requirements under major environmental and historic preservation laws and related regulations, including NEPA (National Environmental Policy Act), NHPA (National Historic Preservation Act), Endangered Species Act, Clean Water Act, Clean Air Act, the Rivers and Harbors Act, floodplain and wetlands protections (Executive Orders 11988 and 11990), Coastal Zone Management Act, Coastal Barrier Resources Act, Farmland Protection Policy Act, and CERCLA/Resource Conservation and Recovery Act, among others deemed appropriate.
- 3Required consultation and considerations: Before waiving requirements, the Administrator must conduct a consultation lasting up to 30 days with applicable state and local officials and others deemed appropriate, and must consider factors such as the recovery needs after a major disaster, potential environmental issues, whether the project has diminished historic value, and the adequacy of prior reviews.
- 4Reporting to Congress: The bill requires a annual report to Congress for five years, detailing why waivers were used, whether waivers expedited the process, whether additional waiver authorities should be considered, and other relevant matters.
- 5Regulatory framework: The Administrator would be required to issue regulations to implement the act.