S. 1670

One Hundred Third Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, one thousand nine hundred and ninety-three

An Act

To improve hazard mitigation and relocation assistance in connection with flooding,

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 Relocation

Assistance Act of 1993’’.

SEC. 2. HAZARD MITIGATION.

(a) FEDERAL SHARE AND TOTAL CONTRIBUTIONS.—Section 404

of The Robert T. Stafford Disaster Relief and Emergency Assistance

Act (42 U.S.C. 5170c) is amended—

(1) in the first sentence, by striking ‘‘50 percent’’ and inserting ‘‘75 percent’’; and

(2) in the last sentence, by striking ‘‘10 percent’’ and all

that follows through the end of the sentence and inserting

‘‘15 percent of the estimated aggregate amount of grants to

be made (less any associated administrative costs) under this

Act with respect to the major disaster.’’.

(b) APPLICABILITY.—The amendments made by this section shall

apply to any major disaster declared by the President pursuant

to The Robert T. Stafford Disaster Relief and Emergency Assistance

Act (42 U.S.C. 5121 et seq.) 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 amended—

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The President’’;

and

(2) by adding at the end the following new subsection:

‘‘(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 that meet the requirements of paragraph (2). ‘‘(2) TERMS AND CONDITIONS.—An acquisition or relocation

project shall be eligible to receive assistance pursuant to paragraph (1) only if—

‘‘(A) the applicant for the assistance is otherwise

eligible to receive assistance under the hazard mitigation

grant program established under subsection (a); and
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‘‘(B) on or after the date of enactment of this subsection,

the applicant for the assistance enters into an agreement

with the Director that provides assurances that—

‘‘(i) any property acquired, accepted, or from which

a structure will be removed pursuant to the project

will be dedicated and maintained in perpetuity for

a use that is compatible with open space, recreational,

or wetlands management practices;

‘‘(ii) no new structure will be erected on property

acquired, accepted or from which a structure was

removed under the acquisition or relocation program

other than—

‘‘(I) a public facility that is open on all sides

and functionally related to a designated open

space;

‘‘(II) a rest room; or

‘‘(III) a structure that the Director approves

in writing before the commencement of the

construction of the structure; and

‘‘(iii) after receipt of the assistance, with respect

to any property acquired, accepted or from which a

structure was removed under the acquisition or relocation program—

‘‘(I) no subsequent application for additional

disaster assistance for any purpose will be made

by the recipient to any Federal entity; and

‘‘(II) no assistance referred to in subclause (I)

will be provided to the applicant by any Federal

source.

‘‘(3) STATUTORY CONSTRUCTION.—Nothing in this subsection

is intended to alter or otherwise affect an agreement for an

acquisition or relocation project carried out pursuant to this

section that was in effect on the day before the date of enactment of this subsection.’’.

SEC. 4. 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 unit of general

local government; and
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(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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.