103D CONGRESS

1ST SESSION S. 1670

AN ACT

To improve hazard mitigation and relocation assistpurposes. ance in connection with flooding, and for other
103D CONGRESS

1ST SESSION S. 1670

AN ACT

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’’.
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1 SEC. 2. HAZARD MITIGATION.

2 (a) FEDERAL SHARE AND TOTAL CONTRIBUTIONS.—

3 Section 404 of The Robert T. Stafford Disaster Relief and

4 Emergency Assistance Act (42 U.S.C. 5170c) is amend5 ed—

6 (1) in the first sentence, by striking ‘‘50 per7 cent’’ and inserting ‘‘75 percent’’; and

8 (2) in the last sentence, by striking ‘‘10 per9 cent’’ and all that follows through the end of the

10 sentence and inserting ‘‘15 percent of the estimated

11 aggregate amount of grants to be made (less any as12 sociated administrative costs) under this Act with

13 respect to the major disaster.’’.

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

15 section shall apply to any major disaster declared by the

16 President pursuant to The Robert T. Stafford Disaster

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

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

19 SEC. 3. PROPERTY ACQUISITION AND RELOCATION ASSIST20 ANCE.

21 Section 404 of The Robert T. Stafford Disaster Re22 lief and Emergency Assistance Act (42 U.S.C. 5170c) is

23 amended—

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

25 ‘‘The President’’; and
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1 (2) by adding at the end the following new sub2 section:

3 ‘‘(b) PROPERTY ACQUISITION AND RELOCATION AS4 SISTANCE.—

5 ‘‘(1) GENERAL AUTHORITY.—In providing haz6 ard mitigation assistance under this section in con7 nection with flooding, the Director of the Federal

8 Emergency Management Agency may provide prop9 erty acquisition and relocation assistance for

10 projects that meet the requirements of paragraph

11 (2).

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

13 or relocation project shall be eligible to receive as14 sistance pursuant to paragraph (1) only if—

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

16 otherwise eligible to receive assistance under the

17 hazard mitigation grant program established

18 under subsection (a); and

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

20 this subsection, the applicant for the assistance

21 enters into an agreement with the Director that

22 provides assurances that—

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

24 or from which a structure will be removed

25 pursuant to the project will be dedicated
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1 and maintained in perpetuity for a use

2 that is compatible with open space, rec3 reational, or wetlands management prac4 tices;

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

6 on property acquired, accepted or from

7 which a structure was removed under the

8 acquisition or relocation program other

9 than—

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

11 on all sides and functionally related to

12 a designated open space;

13 ‘‘(II) a rest room; or

14 ‘‘(III) a structure that the Direc15 tor approves in writing before the

16 commencement of the construction of

17 the structure; and

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

19 with respect to any property acquired, ac20 cepted or from which a structure was re21 moved under the acquisition or relocation

22 program—

23 ‘‘(I) no subsequent application

24 for additional disaster assistance for
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1 any purpose will be made by the recip2 ient to any Federal entity; and

3 ‘‘(II) no assistance referred to in

4 subclause (I) will be provided to the

5 applicant by any Federal source.

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

7 this subsection is intended to alter or otherwise af8 fect an agreement for an acquisition or relocation

9 project carried out pursuant to this section that was

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

11 this subsection.’’.

12 SEC. 4. TREATMENT OF REAL PROPERTY BUYOUT PRO13 GRAMS.

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

15 real property under a qualified buyout program shall not

16 constitute the making of Federal financial assistance

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

18 project resulting in the acquisition of real property or in

19 any owner of real property being a displaced person (with20 in the meaning of the Uniform Relocation Assistance and

21 Real Property Acquisition Policies Act of 1970).

22 (b) DEFINITION OF ‘‘QUALIFIED BUYOUT PRO23 GRAM’’.—For purposes of this section, the term ‘‘qualified

24 buyout program’’ means any program that—
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1 (1) provides for the purchase of only property

2 damaged by the major, widespread flooding in the

3 Midwest during 1993;

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

5 of such flooding;

6 (3) provides for such acquisition without the

7 use of the power of eminent domain and notification

8 to the seller that acquisition is without the use of

9 such power;

10 (4) is carried out by or through a State or unit

11 of general local government; and

12 (5) is being assisted with amounts made avail13 able for—

14 (A) disaster relief by the Federal Emer15 gency Management Agency; or

16 (B) other Federal financial assistance pro17 grams.

Passed the Senate November 20 (legislative day, November 2), 1993.

Attest:

Secretary.