H.R. 3445 (103rd): Hazard Mitigation and Flood Damage Reduction Act of 1993

103rd Congress, 1993–1994. Text as of Nov 16, 1993 (Referred to Senate Committee).

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HR 3445 RFS

103d CONGRESS

1st Session

H. R. 3445

IN THE SENATE OF THE UNITED STATES

NOVEMBER 16 (legislative day, NOVEMBER 2), 1993

Received; read twice and referred to the Committee on Environment and Public Works


AN ACT

To improve hazard mitigation and relocation assistance in connection with flooding, to provide for a comprehensive review and assessment of the adequacy of current flood control policies and measures, 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 ‘Hazard Mitigation and Flood Damage Reduction Act of 1993’.

SEC. 2. HAZARD MITIGATION.

    (a) FEDERAL SHARE- Section 404 of The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by striking ‘50 percent’ and inserting ‘75 percent’.

    (b) TOTAL CONTRIBUTIONS- Section 404 of such Act is further amended by striking ‘10 percent’ and all that follows through the period and inserting ‘15 percent of the estimated aggregate amounts of grants to be made under this Act (less administrative costs) with respect to such major disaster.’.

    (c) APPLICABILITY- The amendments made by this section shall apply to any major disaster declared on or after June 10, 1993.

SEC. 3. PROPERTY ACQUISITION AND RELOCATION ASSISTANCE.

    Section 404 of The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is further amended--

      (1) by inserting ‘(a) IN GENERAL- ’ before ‘The President’; and

      (2) by adding at the end the following:

    ‘(b) PROPERTY ACQUISITION AND RELOCATION ASSISTANCE-

      ‘(1) GENERAL AUTHORITY- In providing hazard mitigation assistance under this section in connection with flooding, the Director of the Federal Emergency Management Agency may provide property acquisition and relocation assistance for projects which meet the requirements of paragraph (2).

      ‘(2) TERMS AND CONDITIONS- An acquisition or relocation project shall be eligible for funding pursuant to paragraph (1) only if--

        ‘(A) the recipient of such funding is an applicant otherwise eligible under the hazard mitigation grant program established under subsection (a); and

        ‘(B) the recipient of such funding enters into an agreement with the Director under which the recipient provides assurances that--

          ‘(i) properties acquired, accepted, or from which structures will be removed under the project will be dedicated and maintained in perpetuity to uses which are compatible with open space, recreational, or wetlands management practices;

          ‘(ii) new structures will not be erected in designated special flood hazard areas other than (I) public facilities which are open on all sides and functionally related to a designated open space, (II) rest rooms, and (III) structures which are approved in writing before the start of construction by the Director; and

          ‘(iii) no future disaster assistance for damages relating to flooding will be sought from or provided by any Federal source for any property acquired or accepted under the acquisition or relocation project.’.

SEC. 4. FLOOD CONTROL AND FLOODPLAIN MANAGEMENT POLICIES.

    (a) STUDIES- The Secretary of the Army shall conduct studies to assess national flood control and floodplain management policies.

    (b) CONTENTS- The studies conducted under this section shall--

      (1) identify critical water, sewer, transportation, and other essential public facilities which currently face unacceptable flood risks;

      (2) identify high priority industrial, petrochemical, hazardous waste, and other facilities which require additional flood protection due to the special health and safety risks caused by flooding;

      (3) evaluate current Federal, State, and local floodplain management requirements for infrastructure improvements and other development in the floodplain and recommend changes to reduce the potential loss of life, property damage, economic losses, and threats to health and safety caused by flooding;

      (4) assess the adequacy and consistency of existing policies on nonstructural flood control and damage prevention measures and, where appropriate, identify incentives and opportunities for greater use of such nonstructural measures;

      (5) identify incentives and opportunities for environmental restoration as a component of the Nation’s flood control and floodplain management policies;

      (6) examine the differences in Federal cost-sharing for construction and maintenance of flood control projects on the Upper and Lower Mississippi River systems and assess the effect of such differences on the level of flood protection on the Upper Mississippi River and its tributaries; and

      (7) assess current Federal policies on pre-event repair and maintenance of both Federal and non-Federal levees and recommend Federal and non-Federal actions to help prevent the failure of these levees during flooding.

    (c) CONSULTATION- In conducting studies under this section, the Secretary of the Army shall consult the heads of appropriate Federal agencies, representatives of State and local governments, the agricultural community, the inland waterways transportation industry, environmental organizations, recreational interests, experts in river hydrology and floodplain management, other business and commercial interests, and other appropriate persons.

    (d) REPORT- Not later than June 30, 1995, the Secretary of the Army shall transmit to Congress a report on the results of the studies conducted under this section.

SEC. 5. FLOOD CONTROL MEASURES ON UPPER MISSISSIPPI AND LOWER MISSOURI RIVERS AND THEIR TRIBUTARIES.

    (a) STUDIES- The Secretary of the Army shall conduct studies of the Upper Mississippi River and Lower Missouri River and their tributaries to identify potential solutions to flooding problems in such areas and to recommend specific water resources projects that would result in economically and environmentally justified flood damage reduction measures in such areas.

    (b) CONTENTS- The studies conducted under this section shall--

      (1) reflect public input;

      (2) include establishment of baseline conditions to allow for a full assessment of economic and environmental costs and benefits associated with flood damage reduction projects and changes in land use patterns;

      (3) identify options for development of comprehensive solutions for improved long-term flood plain management;

      (4) identify feasibility studies of specific projects or programs that are likely to improve flood damage reduction capabilities;

      (5) assess the impact of the current system of levees and flood control projects and current watershed management and land use practices on the flood levels experienced on the Upper Mississippi River and Lower Missouri River and their tributaries in 1993 and evaluate the cost-effectiveness of a full range of alternative flood damage reduction measures, including structural and nonstructural measures, such as the preservation and restoration of wetlands;

      (6) recommend flood control improvements and other flood damage reduction measures to reduce economic losses, damage to public facilities, and the release of hazardous materials from industrial, petrochemical, hazardous waste, and other facilities caused by flooding of the Upper Mississippi River and Lower Missouri River and their tributaries; and

      (7) assess the environmental impact of current flood control measures and the flood control improvements recommended under this section.

    (c) CONSULTATION- In conducting studies under this section, the Secretary of the Army shall consult the heads of other Federal agencies with water resources and floodplain management responsibilities.

    (d) REPORT- Not later than June 30, 1995, the Secretary of the Army shall transmit to Congress a report on the results of the studies conducted under this section.

SEC. 6. EMERGENCY RESPONSE.

    Section 5(a)(1) of the Act entitled ‘An Act authorizing construction of certain public works on rivers and harbors for flood control, and for other purposes’, approved August 18, 1941 (33 U.S.C. 701n(a)(1)), is amended by inserting before the first semicolon the following: ‘, or in implementation of nonstructural alternatives to the repair or restoration of such flood control work if requested by the non-Federal sponsor’.

SEC. 7. TREATMENT OF REAL PROPERTY BUYOUT PROGRAMS.

    (a) INAPPLICABILITY OF URA- The purchase of any real property under a qualified buyout program shall not constitute the making of Federal financial assistance available to pay all or part of the cost of a program or project resulting in the acquisition of real property or in any owner of real property being a displaced person (within the meaning of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970).

    (b) DEFINITION OF ‘QUALIFIED BUYOUT PROGRAM’- For purposes of this section, the term ‘qualified buyout program’ means any program that--

      (1) provides for the purchase of only property damaged by the major, widespread flooding in the Midwest during 1993;

      (2) provides for such purchase solely as a result of such flooding;

      (3) provides for such acquisition without the use of the power of eminent domain and notification to the seller that acquisition is without the use of such power;

      (4) is carried out by or through a State or a unit of general local government; and

      (5) is being assisted with amounts made available for--

        (A) disaster relief by the Federal Emergency Management Agency; or

        (B) other Federal financial assistance programs.

Passed the House of Representatives November 15, 1993.

Attest:

DONNALD K. ANDERSON,

Clerk.