by the preceding provisions of this Act, is further amended
by adding at the end the following new section:
‘‘STATE AND COMMUNITY MITIGATION ASSISTANCE
‘‘SEC. 1366. (a) AUTHORITY.—The Director shall
carry out a program to provide financial assistance to
States and communities, using amounts made available
from the National Flood and Erosion Mitigation Fund
under section 1367, for planning and carrying out activi-
ties designed to reduce the risk of flood and erosion damage
to structures covered under contracts for flood insurance
under this title. Such financial assistance shall be made
available in the form of grants under subsection (b) for
planning assistance and grants under this section for carry-
ing out mitigation activities.
‘‘(b) PLANNING ASSISTANCE GRANTS.—
‘‘(1) IN
GENERAL.—The Director may make
grants under this subsection to States and commu-
nities to assist in developing mitigation plans under
subsection (c).
‘‘(2) FUNDING.—Of any amounts made available
from the National Flood and Erosion Mitigation
Fund for use under this section in any fiscal year, the
Director may use not more than $1,500,000 to pro-
vide planning assistance grants under this subsection.
‘‘(3) LIMITATIONS.—
‘‘(A) TIMING.—A grant under this sub-
section may be awarded to a State or commu-
nity not more than once every 5 years and each
grant may cover a period of 1 to 3 years.
‘‘(B) SINGLE GRANTEE AMOUNT.—A grant
for planning assistance may not exceed—
‘‘(i) $150,000, to any State; or
‘‘(ii) $50,000, to any community.
‘‘(C) CUMULATIVE STATE GRANT AMOUNT.—
The sum of the amounts of grants under this
subsection in any fiscal year to any one State
and all communities located in such State may
not exceed $300,000.
‘‘(c) MITIGATION PLAN REQUIREMENT.—To be eligible
to receive financial assistance under this section for mitiga-
tion activities, a State or community shall develop, and
have approved by the Director, a flood and erosion risk
mitigation plan (hereafter in this section referred to as a
‘mitigation plan’), that is more protective against flood
losses and, if applicable, erosion losses, than the criteria es-
tablished by the Director under section 1361 and provides
such protection with respect to structures covered by con-
tracts for flood insurance under this title. The mitigation
plan shall include a comprehensive strategy for mitigation
activities adopted by the State or community following a
public hearing.
‘‘(d) NOTIFICATION OF APPROVAL.—The Director shall
notify a State or community submitting a mitigation plan
of the approval or disapproval of the plan not later than
120 days after submission of the plan. If the Director does
not approve a plan, the Director shall notify the State or
community in writing of the reasons for such disapproval.
‘‘(e) ELIGIBLE MITIGATION ACTIVITIES.—
‘‘(1) DETERMINATION.—Amounts provided under
this section (other than under subsection (b)) may be
used only for mitigation activities specified in a miti-
gation plan approved by the Director under sub-
section (d). The Director may approve only mitiga-
tion plans that specify mitigation activities that the
Director determines are technically feasible and cost-
effective. The Director shall provide assistance under
this section to the extent amounts are available in the
National Flood and Erosion Mitigation Fund pursu-
ant to appropriation Acts, subject only to the absence
of approvable mitigation plans.
‘‘(2) ELIGIBLE ACTIVITIES.—The Director shall
determine whether mitigation activities described in a
mitigation plan submitted under subsection (d) by a
State or community comply with the requirements
under paragraph (1). Such activities may include—
‘‘(A) demolition or relocation of any struc-
ture located on land that is along the shore of a
lake or other body of water and is certified by
an appropriate State or local land use authority
to be subject to imminent collapse or subsidence
as a result of erosion or flooding;
‘‘(B) elevation, relocation, demolition, or
floodproofing of structures, particularly struc-
tures incurring repetitive flood-related damage,
structures (including public structures) located
in special flood hazard areas or other areas of
flood risk, and structures (including public
structures) located in erosion hazard areas or
other areas of erosion risk;
‘‘(C) acquisition by States and communities
of properties (including public properties) lo-
cated in special flood hazard areas or other areas
of flood risk, properties (including public prop-
erties) located in erosion hazard areas or other
areas of erosion risk, and properties substan-
tially damaged by flood, for public use, as the
Director determines is consistent with sound
land management and use in such area;
‘‘(D) minor physical mitigation efforts that
do not duplicate the flood prevention activities of
other Federal agencies and that lessen the fre-
quency or severity of flooding and decrease pre-
dicted flood damages, which shall not include
major flood control projects such as dikes, levees,
seawalls, groins, and jetties;
‘‘(E) the provision of technical assistance by
States to communities and individuals to con-
duct eligible mitigation activities;
‘‘(F) other activities that the Director con-
siders appropriate and specifies in regulation;
and
‘‘(G) other mitigation activities not de-
scribed in subparagraphs (A) through (E) or the
regulations issued under subparagraph (F), that
are described in the mitigation plan of a State
or community.
‘‘(f) MATCHING REQUIREMENT.—
‘‘(1) IN GENERAL.—The Director may not pro-
vide mitigation assistance under this section to a
State or community in an amount exceeding 3 times
the amount that the State or community certifies, as
the Director shall require, that the State or commu-
nity will contribute from non-Federal funds to de-