I 
114TH CONGRESS 
1ST SESSION H. R. 4070 
To direct the Administrator of the Federal Emergency Management Agency 
to establish an emergency flood activity pilot program to assist flood 
response efforts in response to a levee failure or potential levee failure, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 18, 2015 
Mr. MCNERNEY introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To direct the Administrator of the Federal Emergency Man-
agement Agency to establish an emergency flood activity 
pilot program to assist flood response efforts in response 
to a levee failure or potential levee failure, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Emergency Flood Re-
sponse Act’’. 
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SEC. 2. EMERGENCY FLOOD ACTIVITY PILOT PROGRAM. 
(a) ESTABLISHMENT.—Not later than 18 months 
after the date of enactment of this Act, the Administrator 
of the Federal Emergency Management Agency shall es-
tablish and carry out a pilot program to assist flood re-
sponse efforts at State and Federal regional levels in re-
sponse to a levee failure or potential levee failure. 
(b) GRANTS.—In carrying out the pilot program es-
tablished under subsection (a), the Administrator may 
award grants to not more than 10 eligible entities to— 
(1) establish or maintain a flood emergency 
fund to be used for emergency flood activities de-
scribed in subsection (f); and 
(2) ensure a unified command system organiza-
tional framework for such activities. 
(c) APPLICATION.—To be eligible to receive a grant 
under this section, an eligible entity shall submit to the 
Administrator an application at such time, in such man-
ner, and containing such information as the Administrator 
may require, including the following: 
(1) A plan describing the emergency flood ac-
tivities for which the funds may be used as well as 
the levee safety plan that contains the unified com-
mand system that would carry out such activities. 
(2) A scope of work and tasks, project timeline, 
budget, and ongoing post-grant management plan. 
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(3) Information regarding what entity main-
tains the flood emergency fund. 
(4) A description of non-Federal contributions 
to the flood emergency fund. 
(5) A description of how such plan will benefit 
the community, environment, and economy of the 
participating region within the legal boundaries of 
the applicant. 
(6) Mechanisms for long-term replenishment of 
the flood emergency fund and a description of what 
percentage of the fund will be used— 
(A) to support ongoing administrative 
project maintenance; and 
(B) for the unified command system that 
would use and apply the fund in a flood emer-
gency or post-flood recovery. 
(d) ELIGIBILITY.—To be eligible to receive a grant 
under this section, an eligible entity, in cooperation with 
appropriate local, State, and Federal agencies, shall estab-
lish criteria and procedures for use of the entity’s flood 
emergency fund in a flood emergency. 
(e) SELECTION.— 
(1) IN
GENERAL.—The Administrator shall 
award grants under subsection (b) on a competitive 
basis. 
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(2) PRIORITY.—In awarding grants under sub-
section (b), the Administrator shall prioritize appli-
cations— 
(A) from eligible entities that represent a 
geographically diverse cross-section of the 
United States; 
(B) that include opportunities to build on 
existing Federal and non-Federal flood relief ef-
forts; 
(C) from eligible entities that have a flood 
safety plan approved by a levee maintaining 
agency; and 
(D) from eligible entities that have a local 
mitigation plan regarding hazard mitigation ap-
proved by the Federal Emergency Management 
Agency. 
(f) USE OF FUNDS.— 
(1) IN GENERAL.—Funds awarded under this 
section may be used in the case of a flood for emer-
gency flood activities, including planning and pre-
paring to perform emergency flood activities, and to 
support ongoing administrative project maintenance. 
Emergency flood activities include prompt emer-
gency action to— 
(A) prevent levee failure; 
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(B) close levee breaks; 
(C) make relief cuts and dewater flooded 
areas; and 
(D) otherwise physically limit the extent, 
depth, and duration of flood waters in the event 
of a levee failure. 
(2) LIMITATION
ON
USE
OF
FUNDS.—Funds 
awarded under this section may not be used if— 
(A) the emergency flood activity is required 
by law to be performed by the Corps of Engi-
neers; and 
(B) the Corps of Engineers immediately 
exercises its authority to perform such activity. 
(3) ADDITIONAL
GUIDELINES.—The Adminis-
trator, in consultation with the Corps of Engineers, 
shall establish any additional guidelines for the use 
of funds awarded under this section. 
(g) REIMBURSEMENT OF EXPENDITURES.—As a con-
dition of a grant awarded to an eligible entity under sub-
section (b), the Administrator shall ensure that, following 
an expenditure of funds from the entity’s flood emergency 
fund, the entity will— 
(1) seek all available State and Federal disaster 
assistance reimbursements for such expenditures; 
and 
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(2) deposit the reimbursements in the flood 
emergency fund. 
(h) FEDERAL SHARE.—The Federal share of the cost 
of a flood emergency activity carried out using grant funds 
made available under this section may not exceed 50 per-
cent of the cost of such activity. 
(i) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means a State local levee maintaining agency or 
unit of local government that— 
(A) is responsible for emergency flood re-
sponse efforts; and 
(B) maintains and operates a flood emer-
gency fund. 
(2) FLOOD
EMERGENCY
FUND.—The term 
‘‘flood emergency fund’’ means a fund established, 
maintained, and operated by a levee maintaining 
agency or a local designated coordinating agency, in-
cluding the maintenance of the accounting of all 
Federal and non-Federal funds and derivation of 
such funds. 
(j) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$50,000,000 to remain available until expended. 
Æ 
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