Rural Flood Mitigation and Recovery Act of 2010 - Authorizes the Secretary of the Army to determine that a flood damage reduction project for a flood prone disaster area is justified and to recommend the project solely on the basis that the non-federal interest has demonstrated that the project is appropriate and needed to protect the area's long-term economic viability.
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President: (1) upon declaring that a major disaster exists in an area due to flooding, to determine whether the area qualifies as a flood prone disaster area; (2) to determine an area to be a flood prone disaster area if it has experienced at least two other major disasters due to flooding during the preceding five-year period; (3) in making contributions for hazard mitigation measures to benefit such an area, and for repair, restoration, and replacement of facilities for such area's benefit, to provide for a federal share of 90% (or 100% if the President determines that the measures would not be carried out without additional federal funding and are necessary to protect the area's long-term economic viability); and (4) in each state that includes such an area, to establish a task force to ensure that activities in response to the major disaster in that area are coordinated and carried out appropriately.
Requires the President: (1) in making contributions for hazard mitigation measures for a major disaster, to review an application for assistance within three months of receipt and begin providing contributions to the cost of the measures within six months after the disaster is declared; and (2) in determining whether to provide financial assistance or direct services to an individual or household affected by a major disaster, to consider the economic impact on the area and the number of other major disasters that have been declared there during the preceding five-year period.
Permits a higher federal share payable for repair or reconstruction for Interstate highway system projects to be accomplished more than 180 days after the actual occurrence of a natural disaster or catastrophic failure if the Secretary determines that inclement weather or flooding prevented accomplishment within that period.
Requires the President to select three declared major disasters for the use of modified response procedures, under which the President shall make contributions to a state or local government for a repair, restoration, reconstruction, or replacement project: (1) at the time a bid is selected for awarding the contract for the project; and (2) in an amount based on the bid selected.
Directs the President to: (1) establish an Indian tribe disaster response management pilot program; and (2) report to Congress on efforts of the President to utilize for hazard mitigation projects contributions made for the repair, restoration, reconstruction, or replacement of facilities damaged or destroyed by a major disaster.
Authorizes the Administrator of the Federal Emergency Management Agency (FEMA) to make a grant to assist a state in conducting a study to determine and prioritize road projects that need to be completed for the state to be prepared for flooding or other potential disasters and to develop an implementation plan for priority projects. Directs the Administrator to report to Congress on efforts to improve communication with state and local officials with respect to FEMA's disaster response, recovery, and hazard mitigation programs.
Directs the Comptroller General to study and report to Congress on: (1) the effectiveness of the major disaster declaration process and other response under the Stafford Act in providing assistance to distressed communities; and (2) the application processes and paperwork required for programs under the Stafford Act that provide assistance for hazard mitigation activities.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6207 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 6207
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to improve recovery and hazard mitigation activities
with respect to major disasters, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 23, 2010
Ms. Herseth Sandlin (for herself and Mr. Peterson) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to improve recovery and hazard mitigation activities
with respect to major disasters, 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 ``Rural Flood Mitigation and Recovery
Act of 2010''.
SEC. 2. CORPS OF ENGINEERS FLOOD DAMAGE REDUCTION PROJECTS.
(a) In General.--In carrying out a study for a flood damage
reduction project to be carried out for a flood prone disaster area,
the Secretary of the Army may determine that the project is justified
and recommend the project solely on the basis that the non-Federal
interest for the project has demonstrated that the project is
appropriate and needed to protect the long-term economic viability of
the area.
(b) Flood Prone Disaster Area Defined.--In this section, the term
``flood prone disaster area'' means an area determined by the President
at any time to be a flood prone disaster area under section 428 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (as
added by section 3 of this Act).
SEC. 3. FLOOD PRONE DISASTER AREAS.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.) is amended--
(1) by redesignating the second section 425 (42 U.S.C.
5189e; relating to essential service providers) as section 427;
and
(2) by adding at the end the following:
``SEC. 428. FLOOD PRONE DISASTER AREAS.
``(a) Determination of Flood Prone Disaster Areas.--
``(1) In general.--If the President declares under section
401 that a major disaster exists in an area due to flooding,
the President shall determine at the time of the declaration
whether the area qualifies as a flood prone disaster area for
the purposes of this section.
``(2) Criteria.--The President shall determine an area to
be a flood prone disaster area under paragraph (1) if the area
has experienced at least 2 other major disasters due to
flooding during the 5-year period preceding the date of the
declaration referred to in paragraph (1).
``(3) Applicability.--The determination that an area is a
flood prone disaster area in connection with a major disaster
shall apply to assistance made available under this Act with
respect to that disaster.
``(b) Special Rules for Flood Prone Disaster Areas.--
``(1) Contributions for hazard mitigation measures.--
``(A) Federal share.--In making contributions for
hazard mitigation measures under section 404 for the
benefit of a flood prone disaster area, the President
shall treat the `75 percent' specified in the first
sentence of subsection (a) of that section as--
``(i) 90 percent; or
``(ii) 100 percent, if the President
determines that the measures would not be
carried out without additional Federal funding
and are necessary to protect the long-term
economic viability of the area.
``(B) Total contributions.--In making contributions
for hazard mitigation measures under section 404 for
the benefit of a flood prone disaster area, the
President shall--
``(i) treat the `15 percent' specified in
the last sentence of subsection (a) of that
section as 20 percent; and
``(ii) treat the `20 percent' specified in
section 322(e)(1) as 25 percent.
``(2) Repair, restoration, and replacement of damaged
facilities.--In making contributions for the repair,
restoration, reconstruction, or replacement of facilities under
section 406 for the benefit of a flood prone disaster area, the
President shall treat the `75 percent' specified in subsection
(b)(1) of that section as--
``(A) 90 percent; or
``(B) 100 percent, if the President determines that
the activity would not be carried out without
additional Federal funding and is necessary to protect
the long-term economic viability of the area.
``(c) Flood Prone Disaster Area Task Forces.--
``(1) Establishment.--In each State that includes a flood
prone disaster area, the President shall establish a task force
to ensure that activities in response to the major disaster in
that area are coordinated and carried out appropriately.
``(2) Membership.--The President shall ensure, to the
extent practicable, that each task force established under
paragraph (1) is composed of the heads of all Federal and State
agencies relevant to disaster response activities in the flood
prone disaster area.''.
SEC. 4. HAZARD MITIGATION.
Section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the
following:
``(d) Timing of Contributions.--In making contributions for hazard
mitigation measures under this section with respect to a major
disaster, the President, to the extent practicable, shall--
``(1) review an application for assistance not later than 3
months after the date on which the application is received; and
``(2) begin providing contributions to the cost of the
measures not later than 6 months after the date on which the
major disaster is declared.''.
SEC. 5. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
Section 408(a) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(a)) is amended by adding at
the end the following:
``(3) Consideration of certain factors.--In determining
whether to provide financial assistance or direct services
under this section to an individual or household affected by a
major disaster, the President shall give consideration to--
``(A) the economic impact of the major disaster on
the area in which the individual or household is
located; and
``(B) the number of other major disasters that have
been declared with respect to that area during the
preceding 5-year period.''.
SEC. 6. EMERGENCY RELIEF.
Section 120(e) of title 23, United States Code, is amended by
inserting after ``natural disaster or catastrophic failure'' the
following: ``, or accomplished more than 180 days after the actual
occurrence if the Secretary determines that inclement weather or
flooding prevented accomplishment within 180 days,''.
SEC. 7. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES
PILOT PROGRAM.
(a) In General.--During the 2-year period beginning on the date of
enactment of this Act, the President shall select 3 major disasters
declared under section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170) for the use of modified
response procedures in accordance with subsection (b).
(b) Modified Response Procedures.--With respect to a major disaster
selected for modified response procedures under subsection (a), the
President, in carrying out section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172), shall
make contributions to a State or local government for a repair,
restoration, reconstruction, or replacement project--
(1) at the time that a bid is selected for awarding the
contract with respect to the project; and
(2) in an amount based on the bid selected.
(c) Report.--Not later than 30 months after the date of enactment
of this Act, the President shall submit to Congress a report on the
results of the use of modified response procedures under this section,
including a description of--
(1) any benefits that resulted from the use of the
procedures; and
(2) any overpayments that resulted from the use of the
procedures.
SEC. 8. INDIAN TRIBE DISASTER RESPONSE MANAGEMENT PILOT PROGRAM.
(a) Establishment.--The President shall establish an Indian tribe
disaster response management pilot program (in this section referred to
as the ``program'') in accordance with this section.
(b) Participants.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the President shall select 5 Indian
tribes (as such term is defined in section 4(e) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b(e))) to participate in the program.
(2) Consideration of past major disaster declarations.--In
considering an Indian tribe for participation in the program,
the President shall give consideration to the number of major
disasters that have been declared with respect to the lands of
the Indian tribe by the President under section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170).
(c) Treatment as States.--
(1) In general.--Notwithstanding section 102 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122), an Indian tribe selected for participation in the
program shall be treated as a State for purposes of--
(A) requesting, under section 401 of such Act (42
U.S.C. 5170), a declaration by the President that a
major disaster exists with respect to lands of the
Indian tribe; and
(B) managing response activities under that Act
with respect to a major disaster declared.
(2) Duration.--An Indian tribe selected for participation
in the program shall be treated as a State in accordance with
paragraph (1) during the 5-year period beginning on the date on
which the Indian tribe is selected for program participation.
(d) Technical Assistance and Grants.--The President is authorized
to provide technical assistance and grants to an Indian tribe selected
for participation in the program to ensure that the Indian tribe has
the appropriate personnel for and is prepared to manage disaster
response activities during program participation.
(e) Report.--Not later than 30 months after the date of enactment
of this Act, the President shall submit to Congress a report describing
the results of the program and any related recommendations, including a
recommendation on whether to make the program permanent and allow the
participation of all Indian tribes.
SEC. 9. STUDY AND IMPLEMENTATION PLAN GRANTS WITH RESPECT TO ROAD
PROJECTS.
The Administrator of the Federal Emergency Management Agency is
authorized to make a grant to a State to assist the State to--
(1) conduct a study to determine and prioritize road
projects that need to be completed for the State to be prepared
for flooding or other potential disasters; and
(2) develop an implementation plan for projects determined
to be a priority under paragraph (1).
SEC. 10. REPORT ON COMMUNICATION.
Not later than 12 months after the date of enactment of this Act,
the Administrator of the Federal Emergency Management Agency shall
submit to Congress a report that includes--
(1) a description of the efforts of the Administrator to
improve communication with State and local officials with
respect to the disaster response, recovery, and hazard
mitigation programs of the Agency; and
(2) recommendations for continuing to improve such
communication.
SEC. 11. HAZARD MITIGATION ASSISTANCE REPORT.
Not later than 6 months after the date of enactment of this Act,
the President shall submit to Congress a report that includes--
(1) a description of the efforts of the President to
utilize contributions made under section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172) for hazard mitigation projects;
(2) an assessment of the effectiveness of the efforts
described in paragraph (1), including a specification of
impediments to effectiveness;
(3) recommendations for improving the effectiveness of the
efforts described in paragraph (1); and
(4) a description of the interaction between the efforts
described in paragraph (1) and contributions for hazard
mitigation measures made under section 404 of such Act (42
U.S.C. 5170c).
SEC. 12. GAO STUDIES AND REPORTS.
(a) Assistance to Distressed Communities.--
(1) Study.--The Comptroller General shall conduct a study
on the effectiveness of the major disaster declaration process
and other response activities under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.) in providing assistance to distressed communities,
including Indian tribes (as such term is defined in section
4(e) of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(e))).
(2) Report.--Not later than 12 months after the date of
enactment of this Act, the Comptroller General shall submit to
Congress a report on the results of the study conducted under
paragraph (1).
(b) Paperwork Reduction for Hazard Mitigation Projects.--
(1) Study.--The Comptroller General shall conduct a study
on the application processes and paperwork required for
programs under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) that provide
assistance for hazard mitigation activities, including whether
application process complexity prevents certain entities from
applying for the assistance.
(2) Report.--Not later than 12 months after the date of
enactment of this Act, the Comptroller General shall submit to
Congress a report on the results of the study conducted under
paragraph (1), which shall include recommendations for
streamlining the application processes and paperwork required
for programs that provide assistance for hazard mitigation
activities.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
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