II

103D CONGRESS

1ST SESSION S. 1670

To improve hazard mitigation and relocation assistance in connection with

flooding, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 18 (legislative day, NOVEMBER 2), 1993

Mr. HARKIN (for himself, Mr. DANFORTH, Ms. MOSELEY-BRAUN, Mr. GRASSLEY, Mr. SIMON, and Mr. BOND) introduced the following bill; which was

read twice and referred to the Committee on Environment and Public

Works

NOVEMBER 20 (legislative day, NOVEMBER 2), 1993

Committee discharged

A BILL

To improve hazard mitigation and relocation assistance in

connection with flooding, 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 Relocation Assistance Act of 1993’’.

6 SEC. 2. HAZARD MITIGATION.

7 (a) FEDERAL SHARE AND TOTAL CONTRIBUTIONS.—

8 Section 404 of The Robert T. Stafford Disaster Relief and
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1 Emergency Assistance Act (42 U.S.C. 5170c) is amend2 ed—

3 (1) in the first sentence, by striking ‘‘50 per4 cent’’ and inserting ‘‘75 percent’’; and

5 (2) in the last sentence, by striking ‘‘10 per6 cent’’ and all that follows through the end of the

7 sentence and inserting ‘‘15 percent of the estimated

8 aggregate amount of grants to be made (less any as9 sociated administrative costs) under this Act with

10 respect to the major disaster.’’.

11 (b) APPLICABILITY.—The amendments made by this

12 section shall apply to any major disaster declared by the

13 President pursuant to The Robert T. Stafford Disaster

14 Relief and Emergency Assistance Act (42 U.S.C. 5121 et

15 seq.) on or after June 10, 1993.

16 SEC. 3. PROPERTY ACQUISITION AND RELOCATION ASSIST17 ANCE.

18 Section 404 of The Robert T. Stafford Disaster Re19 lief and Emergency Assistance Act (42 U.S.C. 5170c) is

20 amended—

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

22 ‘‘The President’’; and

23 (2) by adding at the end the following new sub24 section:
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1 ‘‘(b) PROPERTY ACQUISITION AND RELOCATION AS2 SISTANCE.—

3 ‘‘(1) GENERAL AUTHORITY.—In providing haz4 ard mitigation assistance under this section in con5 nection with flooding, the Director of the Federal

6 Emergency Management Agency may provide prop7 erty acquisition and relocation assistance for

8 projects that meet the requirements of paragraph

9 (2).

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

11 or relocation project shall be eligible to receive as12 sistance pursuant to paragraph (1) only if—

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

14 otherwise eligible to receive assistance under the

15 hazard mitigation grant program established

16 under subsection (a); and

17 ‘‘(B) on or after the date of enactment of

18 this subsection, the applicant for the assistance

19 enters into an agreement with the Director that

20 provides assurances that—

21 ‘‘(i) any property acquired, accepted,

22 or from which a structure will be removed

23 pursuant to the project will be dedicated

24 and maintained in perpetuity for a use

25 that is compatible with open space, rec-
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1 reational, or wetlands management prac2 tices;

3 ‘‘(ii) no new structure will be erected

4 on property acquired, accepted or from

5 which a structure was removed under the

6 acquisition or relocation program other

7 than—

8 ‘‘(I) a public facility that is open

9 on all sides and functionally related to

10 a designated open space;

11 ‘‘(II) a rest room; or

12 ‘‘(III) a structure that the Direc13 tor approves in writing before the

14 commencement of the construction of

15 the structure; and

16 ‘‘(iii) after receipt of the assistance,

17 with respect to any property acquired, ac18 cepted or from which a structure was re19 moved under the acquisition or relocation

20 program—

21 ‘‘(I) no subsequent application

22 for additional disaster assistance for

23 any purpose will be made by the recip24 ient to any Federal entity; and
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1 ‘‘(II) no assistance referred to in

2 subclause (I) will be provided to the

3 applicant by any Federal source.

4 ‘‘(3) STATUTORY CONSTRUCTION.—Nothing in

5 this subsection is intended to alter or otherwise af6 fect an agreement for an acquisition or relocation

7 project carried out pursuant to this section that was

8 in effect on the day before the date of enactment of

9 this subsection.’’.

10 SEC. 4. TREATMENT OF REAL PROPERTY BUYOUT PRO11 GRAMS.

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

13 real property under a qualified buyout program shall not

14 constitute the making of Federal financial assistance

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

16 project resulting in the acquisition of real property or in

17 any owner of real property being a displaced person (with18 in the meaning of the Uniform Relocation Assistance and

19 Real Property Acquisition Policies Act of 1970).

20 (b) DEFINITION OF ‘‘QUALIFIED BUYOUT PRO21 GRAM’’.—For purposes of this section, the term ‘‘qualified

22 buyout program’’ means any program that—

23 (1) provides for the purchase of only property

24 damaged by the major, widespread flooding in the

25 Midwest during 1993;
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1 (2) provides for such purchase solely as a result

2 of such flooding;

3 (3) provides for such acquisition without the

4 use of the power of eminent domain and notification

5 to the seller that acquisition is without the use of

6 such power;

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

8 unit of general local government; and

9 (5) is being assisted with amounts made avail10 able for—

11 (A) disaster relief by the Federal Emer12 gency Management Agency; or

13 (B) other Federal financial assistance pro14 grams.

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