February 3, 2025
Mr. Lankford introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
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.