HR-1735 : Still Just a Bill

Community Empowerment for Mitigated Properties Act of 2017

This bill directs the Federal Emergency Management Agency (FEMA) to issue guidance regarding a buy-out or the acquisition of property for open space as a mitigation measure under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, which shall include:

• a process by which the state hazard mitigation officer appointed for such a buy-out or acquisition shall, within 60 days after an applicant for assistance enters into the buy-out or acquisition agreement, provide written notification to each affected local government that includes the location and a description of the buy-out or acquisition, the state-local assistance agreement for the hazard mitigation grant program, and a copy of the model deed restriction; and
• recommendations for entering into and implementing a memorandum of understanding between local governments and covered entities that allows an affected local government to use and maintain the open space created by such a project, consistent with all adjoining property and subject to the notification of the adjoining property, as long as the maintenance cost is borne by the local government, and to maintain the open space pursuant to standards exceeding any local government standards defined in the agreement with FEMA.

A "covered entity" includes the grantee or subgrantee receiving assistance for an open space project, the state in which such project is located, the applicable state hazard mitigation officer, and the applicable regional administrator.