(2) by redesignating paragraphs (6) through 
(10) as paragraphs (7) through (11), respectively; 
(3) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) INDIAN TRIBAL GOVERNMENT.—The term 
‘Indian tribal government’ means the governing body 
of any Indian or Alaska Native tribe, band, nation, 
pueblo, village, or community that the Secretary of 
the Interior acknowledges to exist as an Indian tribe 
under the Federally Recognized Indian Tribe List 
Act of 1994 (25 U.S.C. 479a et seq.).’’; and 
(4) by adding at the end the following: 
‘‘(12) CHIEF EXECUTIVE.—The term ‘Chief Ex-
ecutive’ means the person who is recognized by the 
Secretary of the Interior as the chief elected admin-
istrative officer of an Indian tribal government.’’. 
(d) REFERENCES.—Title I of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5121 et seq.) is amended by adding after section 102 the 
following: 
‘‘SEC. 103. REFERENCES. 
‘‘Except as otherwise specifically provided, any ref-
erence in this Act to ‘State and local’, ‘State or local’, or 
‘State, local’ with respect to governments or officials and 
any reference to a ‘local government’ in section 417 is
deemed to refer also to Indian tribal governments and offi-
cials, as appropriate.’’. 
(e) REGULATIONS.— 
(1) ISSUANCE.—The President shall issue regu-
lations to carry out the amendments made by this 
section. 
(2) FACTORS.—In issuing the regulations, the 
President shall consider the unique conditions that 
affect the general welfare of Indian tribal govern-
ments. 
SEC. 211. INDIVIDUAL ASSISTANCE FACTORS. 
In order to provide more objective criteria for evalu-
ating the need for assistance to individuals and to speed 
a declaration of a major disaster or emergency under the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 et seq.), not later than 1 year 
after the date of enactment of this Act, the Administrator 
of the Federal Emergency Management Agency, in co-
operation with representatives of State, tribal, and local 
emergency management agencies, shall review, update, 
and revise through rulemaking the factors considered 
under section 206.48 of title 44, Code of Federal Regula-
tions (including section 206.48(b)(2) of such title relating 
to trauma and the specific conditions or losses that con-
tribute to trauma), to measure the severity, magnitude, 
and impact of a disaster. 
SEC. 212. PUBLIC ASSISTANCE PILOT PROGRAM. 
(a) PILOT PROGRAM.— 
(1) 
IN
GENERAL.—The 
President, 
acting 
through the Administrator of the Federal Emer-
gency Management Agency, and in coordination with 
States, tribal and local governments, and owners or 
operators of private non-profit facilities, shall estab-
lish and conduct a pilot program to— 
(A) reduce the costs to the Government of 
providing assistance to States, tribal and local 
governments, and owners or operators of pri-
vate non-profit facilities under section 406 of 
the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172) 
(referred to in this section as the ‘‘Act’’); 
(B) increase flexibility in the administra-
tion of section 406 of such Act; and 
(C) expedite the provision of assistance to 
States, tribal, and local governments provided 
under section 406 of the Act. 
(2) PARTICIPATION.—Only States, tribal and 
local governments, and owners or operators of pri-
vate non-profit facilities that elect to participate in
the pilot program may participate in the pilot pro-
gram for their projects. 
(3) ADMINISTRATION.— 
(A) IN GENERAL.—For the purposes of the 
pilot program, the Administrator shall establish 
new procedures to administer assistance pro-
vided under section 406 of the Act. 
(B) NEW PROCEDURES.—The new proce-
dures established under subparagraph (A) shall 
include— 
(i) making grants on the basis of esti-
mates agreed to by the State, tribal, or 
local government, or owner or operator of 
a private non-profit facility and the Ad-
ministrator to provide financial incentives 
and disincentives for the State, tribal, or 
local government, or owner or operator of 
a private non-profit facility for the timely 
and cost-effective completion of projects 
under section 406 of the Act; 
(ii) 
notwithstanding 
sections 
406(c)(1)(A) and 406(c)(2)(A) of the Act, 
providing an option for a State, tribal, or 
local government, or owner or operator of 
a private non-profit facility to elect to re-
ceive an in-lieu contribution, without re-
duction, on the basis of estimates of the 
cost of repair, restoration, reconstruction, 
or replacement of a public facility owned or 
controlled by the State, tribal, or local gov-
ernment and of management expenses; 
(iii) consolidating, to the extent deter-
mined appropriate by the Administrator, 
the facilities of a State, tribal, or local gov-
ernment, or owner or operator of a private 
nonprofit facility as a single project based 
upon the estimates established under the 
pilot procedures; and 
(iv) notwithstanding any other provi-
sion of law, if the actual costs of a project 
completed under the pilot procedures are 
less than the estimated costs thereof, the 
Administrator may permit a grantee or sub 
grantee to use all or part of the excess 
funds for cost-effective activities that re-
duce the risk of future damage, hardship, 
or suffering from a major disaster. 
(4) WAIVER.—The Administrator may waive 
such regulations or rules applicable to the provisions 
of assistance in section 406 of the Act as the Ad-