IIA

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.

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 all

8 that follows through the period and inserting ‘‘15 percent

9 of the estimated aggregate amounts of grants to be made

10 under this Act (less administrative costs) with respect to

11 such major disaster.’’.

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

13 section shall apply to any major disaster declared on or

14 after June 10, 1993.

15 SEC. 3. PROPERTY ACQUISITION AND RELOCATION ASSIST16 ANCE.

17 Section 404 of The Robert T. Stafford Disaster Re18 lief and Emergency Assistance Act (42 U.S.C. 5170c) is

19 further amended—

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

21 ‘‘The President’’; and

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

23 ‘‘(b) PROPERTY ACQUISITION AND RELOCATION AS24 SISTANCE.—

25 ‘‘(1) GENERAL AUTHORITY.—In providing haz26 ard mitigation assistance under this section in con-
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1 nection with flooding, the Director of the Federal

2 Emergency Management Agency may provide prop3 erty acquisition and relocation assistance for

4 projects which meet the requirements of paragraph

5 (2).

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

7 or relocation project shall be eligible for funding

8 pursuant to paragraph (1) only if—

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

10 applicant otherwise eligible under the hazard

11 mitigation grant program established under

12 subsection (a); and

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

14 into an agreement with the Director under

15 which the recipient provides assurances that—

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

17 from which structures will be removed

18 under the project will be dedicated and

19 maintained in perpetuity to uses which are

20 compatible with open space, recreational,

21 or wetlands management practices;

22 ‘‘(ii) new structures will not be erect23 ed in designated special flood hazard areas

24 other than (I) public facilities which are

25 open on all sides and functionally related
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1 to a designated open space, (II) rest

2 rooms, and (III) structures which are ap3 proved in writing before the start of con4 struction by the Director; and

5 ‘‘(iii) no future disaster assistance for

6 damages relating to flooding will be sought

7 from or provided by any Federal source for

8 any property acquired or accepted under

9 the acquisition or relocation project.’’.

10 SEC. 4. FLOOD CONTROL AND FLOODPLAIN MANAGEMENT

11 POLICIES.

12 (a) STUDIES.—The Secretary of the Army shall con13 duct studies to assess national flood control and floodplain

14 management policies.

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

16 section shall—

17 (1) identify critical water, sewer, transpor18 tation, and other essential public facilities which cur19 rently face unacceptable flood risks;

20 (2) identify high priority industrial, petrochemi21 cal, hazardous waste, and other facilities which re22 quire additional flood protection due to the special

23 health and safety risks caused by flooding;

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

25 floodplain management requirements for infrastruc-
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1 ture improvements and other development in the

2 floodplain and recommend changes to reduce the po3 tential loss of life, property damage, economic losses,

4 and threats to health and safety caused by flooding;

5 (4) assess the adequacy and consistency of ex6 isting policies on nonstructural flood control and

7 damage prevention measures and, where appro8 priate, identify incentives and opportunities for

9 greater use of such nonstructural measures;

10 (5) identify incentives and opportunities for en11 vironmental restoration as a component of the Na12 tion’s flood control and floodplain management poli13 cies;

14 (6) examine the differences in Federal cost15 sharing for construction and maintenance of flood

16 control projects on the Upper and Lower Mississippi

17 River systems and assess the effect of such dif18 ferences on the level of flood protection on the

19 Upper Mississippi River and its tributaries; and

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

21 repair and maintenance of both Federal and non22 Federal levees and recommend Federal and non23 Federal actions to help prevent the failure of these

24 levees during flooding.
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1 (c) CONSULTATION.—In conducting studies under

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

3 heads of appropriate Federal agencies, representatives of

4 State and local governments, the agricultural community,

5 the inland waterways transportation industry, environ6 mental organizations, recreational interests, experts in

7 river hydrology and floodplain management, other busi8 ness and commercial interests, and other appropriate per9 sons.

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

11 Secretary of the Army shall transmit to Congress a report

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

13 SEC. 5. FLOOD CONTROL MEASURES ON UPPER MIS14 SISSIPPI AND LOWER MISSOURI RIVERS AND

15 THEIR TRIBUTARIES.

16 (a) STUDIES.—The Secretary of the Army shall con17 duct studies of the Upper Mississippi River and Lower

18 Missouri River and their tributaries to identify potential

19 solutions to flooding problems in such areas and to rec20 ommend specific water resources projects that would re21 sult in economically and environmentally justified flood

22 damage reduction measures in such areas.

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

24 section shall—

25 (1) reflect public input;
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1 (2) include establishment of baseline conditions

2 to allow for a full assessment of economic and envi3 ronmental costs and benefits associated with flood

4 damage reduction projects and changes in land use

5 patterns;

6 (3) identify options for development of com7 prehensive solutions for improved long-term flood

8 plain management;

9 (4) identify feasibility studies of specific

10 projects or programs that are likely to improve flood

11 damage reduction capabilities;

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

13 levees and flood control projects and current water14 shed management and land use practices on the

15 flood levels experienced on the Upper Mississippi

16 River and Lower Missouri River and their tribu17 taries in 1993 and evaluate the cost-effectiveness of

18 a full range of alternative flood damage reduction

19 measures, including structural and nonstructural

20 measures, such as the preservation and restoration

21 of wetlands;

22 (6) recommend flood control improvements and

23 other flood damage reduction measures to reduce

24 economic losses, damage to public facilities, and the

25 release of hazardous materials from industrial, pet-
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1 rochemical, hazardous waste, and other facilities

2 caused by flooding of the Upper Mississippi River

3 and Lower Missouri River and their tributaries; and

4 (7) assess the environmental impact of current

5 flood control measures and the flood control im6 provements recommended under this section.

7 (c) CONSULTATION.—In conducting studies under

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

9 heads of other Federal agencies with water resources and

10 floodplain management responsibilities.

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

12 Secretary of the Army shall transmit to Congress a report

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

14 SEC. 6. EMERGENCY RESPONSE.

15 Section 5(a)(1) of the Act entitled ‘‘An Act authoriz16 ing construction of certain public works on rivers and har17 bors for flood control, and for other purposes’’, approved

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

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

20 implementation of nonstructural alternatives to the repair

21 or restoration of such flood control work if requested by

22 the non-Federal sponsor’’.
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1 SEC. 7. TREATMENT OF REAL PROPERTY BUYOUT PRO2 GRAMS.

3 (a) INAPPLICABILITY OF URA.—The purchase of any

4 real property under a qualified buyout program shall not

5 constitute the making of Federal financial assistance

6 available to pay all or part of the cost of a program or

7 project resulting in the acquisition of real property or in

8 any owner of real property being a displaced person (with9 in the meaning of the Uniform Relocation Assistance and

10 Real Property Acquisition Policies Act of 1970).

11 (b) DEFINITION OF ‘‘QUALIFIED BUYOUT PRO12 GRAM’’.—For purposes of this section, the term ‘‘qualified

13 buyout program’’ means any program that—

14 (1) provides for the purchase of only property

15 damaged by the major, widespread flooding in the

16 Midwest during 1993;

17 (2) provides for such purchase solely as a result

18 of such flooding;

19 (3) provides for such acquisition without the

20 use of the power of eminent domain and notification

21 to the seller that acquisition is without the use of

22 such power;

23 (4) is carried out by or through a State or a

24 unit of general local government; and

25 (5) is being assisted with amounts made avail26 able for—
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1 (A) disaster relief by the Federal Emer2 gency Management Agency; or

3 (B) other Federal financial assistance pro4 grams.

Passed the House of Representatives November 15,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.