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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8728 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 667
118th CONGRESS
  2d Session
                                H. R. 8728

                          [Report No. 118-816]

  To establish alternate procedures for lump sum payments for certain 
            covered small disasters, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 13, 2024

Mr. Graves of Louisiana (for himself and Mr. Moskowitz) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

                            December 5, 2024

Additional sponsors: Mr. Moylan, Mr. Carter of Louisiana, and Mr. Kiley

                            December 5, 2024

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               13, 2024]

_______________________________________________________________________

                                 A BILL

 
  To establish alternate procedures for lump sum payments for certain 
            covered small 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 ``State-Managed Disaster Relief Act''.

SEC. 2. ALTERNATIVE PROCEDURES FOR COVERED SMALL DISASTERS.

    The Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et. seq) is amended by adding at the end the following:

    ``TITLE VIII--ALTERNATIVE PROCEDURES FOR COVERED SMALL DISASTERS

``SEC. 801. ALTERNATIVE PROCEDURES FOR COVERED SMALL DISASTERS.

    ``(a) In General.--The Governor of a State or the governing body of 
an Indian tribal government for the area in which a covered small 
disaster occurs may request a lump sum payment of the estimated damages 
calculated under subsection (b) for such disaster in lieu of any 
assistance under the Public Assistance Program for such disaster.
    ``(b) Calculation.--Notwithstanding the requirements of section 
206.47(b) of title 44, Code of Federal Regulations, a payment under 
subsection (a) shall be equal to the amount that is 80 percent of the 
total estimated cost of assistance under the Public Assistance Program 
for a covered small disaster in the area of jurisdiction of the State 
or Indian tribal government requesting such payment.
    ``(c) Limitations.--
            ``(1) In general.--A State or Indian tribal government 
        receiving a payment under this section may not receive 
        assistance under the Public Assistance Program with respect to 
        the covered small disaster for which a payment was accepted 
        under this section.
            ``(2) Final payment.--
                    ``(A) In general.--A payment under this section may 
                not be increased or decreased based on actual costs 
                calculated for a covered small disaster.
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                the Administrator may adjust a payment under this 
                section in the event of unforeseen circumstances at no 
                fault of the applicant.
            ``(3) Selection of option.--A State or Indian tribal 
        government may designate to the Federal Emergency Management 
        Agency on an annual basis the interest of such State or Indian 
        tribal government in participating in the small disaster 
        authority.
            ``(4) Indication.--A State or Indian tribal government 
        shall indicate at the time of the submission of a request for a 
        major disaster declaration that such State or Indian tribal 
        government is requesting assistance for such incident under 
        this section.
            ``(5) Timing requirement.--The Administrator and the State 
        or Indian tribal government shall--
                    ``(A) reach an agreement on the amount under 
                subsection (b) not later than 90 days after the 
                incident; or
                    ``(B) administer the incident under the procedures 
                and authorities for the Public Assistance Program.
            ``(6) Administrative plan.--To be eligible for assistance 
        under this section, a State or Indian tribal government shall 
        have an approved administrative plan in place at the time of 
        the obligation of funds provided under this section.
    ``(d) Use of Funds.--A State or Indian tribal government receiving 
a payment under this section may use such payment for recovery for the 
covered small disaster in any manner determined appropriate by the 
respective Governor or governing body of such State or Indian tribal 
government if such funds--
            ``(1) address impacts and needs resulting from the declared 
        disaster incident;
            ``(2) are provided to State, Indian tribal government, 
        territorial and local government agencies, and private non-
        profit entities eligible for Public Assistance Program funding; 
        and
            ``(3) are used in a manner that complies with applicable 
        environmental, historic preservation, and civil rights laws 
        (including the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) and the National Historic Preservation Act 
        of 1966 (54 U.S.C. 300101 et seq.)) and any applicable 
        resiliency standards under section 203.
    ``(e) Compliance With Other Laws and Regulations.--A State or 
Indian tribal government shall be responsible for ensuring compliance 
under subsection (d)(3).
    ``(f) Rule of Construction.--Nothing in this section shall be 
construed to affect the eligibility of a State or Indian tribal 
government for assistance under section 404.
    ``(g) Report to FEMA.--A State or governing body of an Indian 
tribal government shall submit to the Federal Emergency Management 
Agency an annual report of expenses for a covered small disaster in the 
area of jurisdiction of the respective State or Indian tribal 
government.
    ``(h) Savings Clause.--Nothing in this section shall be construed 
to affect any program in title IV or V that is not a Public Assistance 
Program.
    ``(i) Definitions.--In this section:
            ``(1) Covered small disaster.--The term `covered small 
        disaster' means a major disaster declared under section 401 or 
        an emergency declared under section 501 with estimated damage 
        eligible under the Public Assistance Program of less than or 
        equal to 125 percent of the State's per capita indicator.
            ``(2) Public assistance program.--The term `Public 
        Assistance Program' means the programs under sections 403, 406, 
        407, and 502.''.
                                                 Union Calendar No. 667

118th CONGRESS

  2d Session

                               H. R. 8728

                          [Report No. 118-816]

_______________________________________________________________________

                                 A BILL

  To establish alternate procedures for lump sum payments for certain 
            covered small disasters, and for other purposes.

_______________________________________________________________________

                            December 5, 2024

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```