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Allows the FEMA Administrator to speed up property-acquisition, structure demolition, and relocation projects after disasters by temporarily waiving or reducing certain environmental and historic-preservation requirements when specified conditions are met. The authority covers a defined list of statutes, regulations, and executive orders and can be used only after a short consultation and consideration of specified factors. Requires the Administrator to change the Stafford Act wording to explicitly include structure demolition, issue implementing regulations, and send periodic reports to two congressional committees for up to five years. The law aims to accelerate buyouts, demolitions, and relocations but limits waiver use through consultation, factors to consider, and reporting requirements — while creating potential tradeoffs for environmental and historic protections.
Defines “Administrator” to mean the Administrator of the Federal Emergency Management Agency.
Defines “covered project” as a project relating to (A) property acquisition and structure demolition or (B) relocation, and that is performed with assistance awarded under: section 404 of the Stafford Act (42 U.S.C. 5170c), section 203 of the Stafford Act (42 U.S.C. 5133), or the Flood Mitigation Assistance program under section 1366 of the National Flood Insurance Act (42 U.S.C. 4104c).
Authorizes the FEMA Administrator, subject to the consultation and consideration requirements in paragraph (2), to waive or reduce any applicable environmental or historic-preservation requirements for a covered project. The listed laws and authorities that may be waived or reduced include: the National Environmental Policy Act; the National Historic Preservation Act (division A of subtitle III of title 54); the Endangered Species Act; the Federal Water Pollution Control Act (Clean Water Act); the Clean Air Act; the Rivers and Harbors Act of 1899; Executive Orders 11988 (floodplain management) and 11990 (wetlands); the Coastal Zone Management Act; the Coastal Barrier Resources Act; the Farmland Protection Policy Act; CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act); the Solid Waste Disposal Act (Resource Conservation and Recovery Act); and any other relevant environmental or historic-preservation requirement the Administrator determines appropriate.
Before waiving or reducing requirements, the Administrator must (A) conduct a consultation lasting not more than 30 days with appropriate State and local officials with jurisdiction over the area and with other individuals the Administrator determines appropriate; and (B) consider specified factors (see next item).
Lists factors the Administrator must consider before a waiver or reduction: (i) the covered project; (ii) the recovery process for individuals or communities responding to or preparing for a major disaster; (iii) whether the waiver/reduction could cause serious environmental issues that would be reasonably foreseeable without the waiver; (iv) whether the property is so damaged that it no longer has historic-preservation value; (v) for projects near an area previously reviewed under NEPA or related statutory review, whether that previous review is sufficient; and (vi) any other relevant factor.
Who is affected and how:
Homeowners and property owners in disaster-impacted areas: May receive faster offers for buyouts, quicker relocation assistance, and faster demolition of unsafe structures. Faster action reduces exposure to future hazards but may shorten the time available for owners to consider alternatives or for thorough environmental/site assessments.
Local governments and community leaders: Can complete risk-reduction projects and relocations more rapidly, reducing long-term recovery costs and restoring safer neighborhoods sooner. They also bear responsibilities coordinating consultations and project execution under compressed timelines.
FEMA and Federal program implementers: Gain new discretionary authority and must develop implementing regulations, perform quick consultations, weigh required factors, and produce congressionally mandated reports. Operational processes, staffing, and legal review practices may need revision.
Contractors and demolition/relocation service providers: Likely see increased demand and faster procurement cycles in areas where waivers are used; projects may proceed on accelerated schedules.
Environmental and historic-preservation stakeholders (advocacy groups, State Historic Preservation Officers, tribal preservation entities): Face reduced or shortened review windows and potential loss of some preservation protections in waiver situations; limited consultation time may increase concerns about adequate input and protection of sensitive sites.
Tribes and other specially affected parties: If projects affect tribal lands or resources, compressed consultations and waivers could heighten concerns about cultural and environmental impacts unless implementing regulations specify safeguards.
Broader effects and risks:
Expand sections to see detailed analysis
Read twice and referred to the Committee on Environment and Public Works.
Introduced February 3, 2025 by James Lankford · Last progress February 3, 2025
Read twice and referred to the Committee on Environment and Public Works.
Introduced in Senate