I

103D CONGRESS

1ST SESSION H. R. 3445

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.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 4, 1993

Mr. APPLEGATE (for himself, Mr. MINETA, Mr. SHUSTER, Mr. BOEHLERT,

Mr. VOLKMER, Mr. DURBIN, Mr. GEPHARDT, Mr. EMERSON, Mr.

COSTELLO, Ms. DANNER, Mr. WHEAT, Mr. SKELTON, Mr. TALENT, Mr.

CLAY, Mr. EVANS, Mr. SMITH of Iowa, Mr. LEACH, Mr. LIGHTFOOT, and

Mr. NUSSLE) introduced the following bill; which was referred to the

Committee on Public Works and Transportation

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Hazard Mitigation and

5 Flood Damage Reduction Act of 1993’’.
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1 SEC. 2. HAZARD MITIGATION.

2 (a) FEDERAL SHARE.—Section 404 of The Robert T.

3 Stafford Disaster Relief and Emergency Assistance Act

4 (42 U.S.C. 5170c) is amended by striking ‘‘50 percent’’

5 and inserting ‘‘75 percent’’.

6 (b) TOTAL CONTRIBUTIONS.—Section 404 of such

7 Act is further amended by striking ‘‘10 percent’’ and in8 serting ‘‘15 percent’’.

9 (c) APPLICABILITY.—The amendments made by this

10 section shall apply to any major disaster declared on or

11 after June 10, 1993.

12 SEC. 3. PROPERTY ACQUISITION AND RELOCATION ASSIST13 ANCE.

14 Section 404 of The Robert T. Stafford Disaster Re15 lief and Emergency Assistance Act (42 U.S.C. 5170c) is

16 further amended—

17 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

18 ‘‘The President’’; and

19 (2) by adding at the end the following:

20 ‘‘(b) PROPERTY ACQUISITION AND RELOCATION AS21 SISTANCE.—

22 ‘‘(1) GENERAL AUTHORITY.—In providing haz23 ard mitigation assistance under this section in con24 nection with flooding, the Director of the Federal

25 Emergency Management Agency may provide prop26 erty acquisition and relocation assistance for
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1 projects which meet the requirements of paragraph

2 (2).

3 ‘‘(2) TERMS AND CONDITIONS.—An acquisition

4 or relocation project shall be eligible for funding

5 pursuant to paragraph (1) only if—

6 ‘‘(A) the recipient of such funding is an

7 applicant otherwise eligible under the hazard

8 mitigation grant program established under

9 subsection (a);

10 ‘‘(B) the recipient of such funding enters

11 into an agreement with the Director under

12 which the recipient provides assurances that—

13 ‘‘(i) properties acquired, accepted, or

14 from which structures will be removed

15 under the project will be dedicated and

16 maintained in perpetuity to uses which are

17 compatible with open space, recreational,

18 or wetlands management practices;

19 ‘‘(ii) new structures will not be erect20 ed in designated special flood hazard areas

21 other than (I) public facilities which are

22 open on all sides and functionally related

23 to a designated open space, (II) rest

24 rooms, and (III) structures which are ap-
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1 proved in writing before the start of con2 struction by the Director; and

3 ‘‘(iii) no future disaster assistance for

4 damages relating to flooding will be sought

5 from or provided by any Federal source for

6 any property acquired or accepted under

7 the acquisition or relocation project.’’.

8 SEC. 4. FLOOD CONTROL AND FLOODPLAIN MANAGEMENT

9 POLICIES.

10 (a) STUDIES.—The Secretary of the Army shall con11 duct studies to assess national flood control and floodplain

12 management policies.

13 (b) CONTENTS.—The studies conducted under this

14 section shall—

15 (1) identify critical water, sewer, transpor16 tation, and other essential public facilities which cur17 rently face unacceptable flood risks;

18 (2) identify high priority industrial, petrochemi19 cal, hazardous waste, and other facilities which re20 quire additional flood protection due to the special

21 health and safety risks caused by flooding;

22 (3) evaluate current Federal, State, and local

23 floodplain management requirements for infrastruc24 ture improvements and other development in the

25 floodplain and recommend changes to reduce the po-
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1 tential loss of life, property damage, economic losses,

2 and threats to health and safety caused by flooding;

3 (4) assess the adequacy and consistency of ex4 isting policies on nonstructural flood control and

5 damage prevention measures and, where appro6 priate, identify incentives and opportunities for

7 greater use of such nonstructural measures;

8 (5) identify incentives and opportunities for en9 vironmental restoration as a component of the Na10 tion’s flood control and floodplain management poli11 cies;

12 (6) examine the differences in Federal cost13 sharing for construction and maintenance of flood

14 control projects on the Upper and Lower Mississippi

15 River systems and assess the effect of such dif16 ferences on the level of flood protection on the

17 Upper Mississippi River and its tributaries; and

18 (7) assess current Federal policies on pre-event

19 repair and maintenance of both Federal and non20 Federal levees and recommend Federal and non21 Federal actions to help prevent the failure of these

22 levees during flooding.

23 (c) CONSULTATION.—In conducting studies under

24 this section, the Secretary of the Army shall consult the

25 heads of appropriate Federal agencies, representatives of
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1 State and local governments, the agricultural community,

2 the inland waterways transportation industry, environ3 mental organizations, recreational interests, experts in

4 river hydrology and floodplain management, other busi5 ness and commercial interests, and other appropriate per6 sons.

7 (d) REPORT.—Not later than June 30, 1995, the

8 Secretary of the Army shall transmit to Congress a report

9 on the results of the studies conducted under this section.

10 SEC. 5. FLOOD CONTROL MEASURES ON UPPER MIS11 SISSIPPI AND LOWER MISSOURI RIVERS AND

12 THEIR TRIBUTARIES.

13 (a) STUDIES.—The Secretary of the Army shall con14 duct studies of the Upper Mississippi River and Lower

15 Missouri River and their tributaries to identify potential

16 solutions to flooding problems in such areas and to rec17 ommend specific water resources projects that would re18 sult in economically and environmentally justified flood

19 damage reduction measures in such areas.

20 (b) CONTENTS.—The studies conducted under this

21 section shall—

22 (1) reflect public input;

23 (2) include establishment of baseline conditions

24 to allow for a full assessment of economic and envi25 ronmental costs and benefits associated with flood
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1 damage reduction projects and changes in land use

2 patterns;

3 (3) identify options for development of com4 prehensive solutions for improved long-term flood

5 plain management;

6 (4) identify feasibility studies of specific

7 projects or programs that are likely to improve flood

8 damage reduction capabilities;

9 (5) assess the impact of the current system of

10 levees and flood control projects and current water11 shed management and land use practices on the

12 flood levels experienced on the Upper Mississippi

13 River and Lower Missouri River and their tribu14 taries in 1993 and evaluate the cost-effectiveness of

15 a full range of alternative flood damage reduction

16 measures, including structural and nonstructural

17 measures, such as the preservation and restoration

18 of wetlands;

19 (6) recommend flood control improvements and

20 other flood damage reduction measures to reduce

21 economic losses, damage to public facilities, and the

22 release of hazardous materials from industrial, pe23 trochemical, hazardous waste, and other facilities

24 caused by flooding of the Upper Mississippi River

25 and Lower Missouri River and their tributaries; and
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1 (7) assess the environmental impact of current

2 flood control measures and the flood control im3 provements recommended under this section.

4 (c) CONSULTATION.—In conducting studies under

5 this section, the Secretary of the Army shall consult the

6 heads of other Federal agencies with water resources and

7 floodplain management responsibilities.

8 (d) REPORT.—Not later than June 30, 1995, the

9 Secretary of the Army shall transmit to Congress a report

10 on the results of the studies conducted under this section.

11 SEC. 6. EMERGENCY RESPONSE.

12 Section 5(a)(1) of the Act entitled ‘‘An Act authoriz13 ing construction of certain public works on rivers and har14 bors for flood control, and for other purposes’’, approved

15 August 18, 1941 (33 U.S.C. 701n(a)(1)), is amended by

16 inserting before the first semicolon the following: ‘‘, or in

17 implementation of nonstructural alternatives to the repair

18 or restoration of such flood control work if requested by

19 the non-Federal sponsor’’.

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