I
103D CONGRESS
1ST SESSION
H. R. 3445
To improve hazard mitigation and relocation assistance in connection with
flooding, to provide for a comprehensive review and assessment of the
adequacy of current flood control policies and measures, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 4, 1993
Mr. APPLEGATE (for himself, Mr. MINETA, Mr. SHUSTER, Mr. BOEHLERT,
Mr. VOLKMER, Mr. DURBIN, Mr. GEPHARDT, Mr. EMERSON, Mr.
COSTELLO, Ms. DANNER, Mr. WHEAT, Mr. SKELTON, Mr. TALENT, Mr.
CLAY, Mr. EVANS, Mr. SMITH of Iowa, Mr. LEACH, Mr. LIGHTFOOT, and
Mr. NUSSLE) introduced the following bill; which was referred to the
Committee on Public Works and Transportation
A BILL
To improve hazard mitigation and relocation assistance in
connection with flooding, to provide for a comprehensive
review and assessment of the adequacy of current flood
control policies and measures, 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 ‘‘Hazard Mitigation and
Flood Damage Reduction Act of 1993’’.
SEC. 2. HAZARD MITIGATION.
(a) FEDERAL SHARE.—Section 404 of The Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170c) is amended by striking ‘‘50 percent’’
and inserting ‘‘75 percent’’.
(b) TOTAL CONTRIBUTIONS.—Section 404 of such
Act is further amended by striking ‘‘10 percent’’ and in-
serting ‘‘15 percent’’.
(c) APPLICABILITY.—The amendments made by this
section shall apply to any major disaster declared on or
after June 10, 1993.
SEC. 3. PROPERTY ACQUISITION AND RELOCATION ASSIST-
ANCE.
Section 404 of The Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 5170c) is
further amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘The President’’; and
(2) by adding at the end the following:
‘‘(b) PROPERTY ACQUISITION AND RELOCATION AS-
SISTANCE.—
‘‘(1) GENERAL AUTHORITY.—In providing haz-
ard mitigation assistance under this section in con-
nection with flooding, the Director of the Federal
Emergency Management Agency may provide prop-
erty acquisition and relocation assistance for
projects which meet the requirements of paragraph
(2).
‘‘(2) TERMS AND CONDITIONS.—An acquisition
or relocation project shall be eligible for funding
pursuant to paragraph (1) only if—
‘‘(A) the recipient of such funding is an
applicant otherwise eligible under the hazard
mitigation grant program established under
subsection (a);
‘‘(B) the recipient of such funding enters
into an agreement with the Director under
which the recipient provides assurances that—
‘‘(i) properties acquired, accepted, or
from which structures will be removed
under the project will be dedicated and
maintained in perpetuity to uses which are
compatible with open space, recreational,
or wetlands management practices;
‘‘(ii) new structures will not be erect-
ed in designated special flood hazard areas
other than (I) public facilities which are
open on all sides and functionally related
to a designated open space, (II) rest
rooms, and (III) structures which are ap-
proved in writing before the start of con-
struction by the Director; and
‘‘(iii) no future disaster assistance for
damages relating to flooding will be sought
from or provided by any Federal source for
any property acquired or accepted under
the acquisition or relocation project.’’.
SEC. 4. FLOOD CONTROL AND FLOODPLAIN MANAGEMENT
POLICIES.
(a) STUDIES.—The Secretary of the Army shall con-
duct studies to assess national flood control and floodplain
management policies.
(b) CONTENTS.—The studies conducted under this
section shall—
(1) identify critical water, sewer, transpor-
tation, and other essential public facilities which cur-
rently face unacceptable flood risks;
(2) identify high priority industrial, petrochemi-
cal, hazardous waste, and other facilities which re-
quire additional flood protection due to the special
health and safety risks caused by flooding;
(3) evaluate current Federal, State, and local
floodplain management requirements for infrastruc-
ture improvements and other development in the
floodplain and recommend changes to reduce the po-
State and local governments, the agricultural community,
the inland waterways transportation industry, environ-
mental organizations, recreational interests, experts in
river hydrology and floodplain management, other busi-
ness and commercial interests, and other appropriate per-
sons.
(d) REPORT.—Not later than June 30, 1995, the
Secretary of the Army shall transmit to Congress a report
on the results of the studies conducted under this section.
SEC. 5. FLOOD CONTROL MEASURES ON UPPER MIS-
SISSIPPI AND LOWER MISSOURI RIVERS AND
THEIR TRIBUTARIES.
(a) STUDIES.—The Secretary of the Army shall con-
duct studies of the Upper Mississippi River and Lower
Missouri River and their tributaries to identify potential
solutions to flooding problems in such areas and to rec-
ommend specific water resources projects that would re-
sult in economically and environmentally justified flood
damage reduction measures in such areas.
(b) CONTENTS.—The studies conducted under this
section shall—
(1) reflect public input;
(2) include establishment of baseline conditions
to allow for a full assessment of economic and envi-
ronmental costs and benefits associated with flood
damage reduction projects and changes in land use
patterns;
(3) identify options for development of com-
prehensive solutions for improved long-term flood
plain management;
(4) identify feasibility studies of specific
projects or programs that are likely to improve flood
damage reduction capabilities;
(5) assess the impact of the current system of
levees and flood control projects and current water-
shed management and land use practices on the
flood levels experienced on the Upper Mississippi
River and Lower Missouri River and their tribu-
taries in 1993 and evaluate the cost-effectiveness of
a full range of alternative flood damage reduction
measures, including structural and nonstructural
measures, such as the preservation and restoration
of wetlands;
(6) recommend flood control improvements and
other flood damage reduction measures to reduce
economic losses, damage to public facilities, and the
release of hazardous materials from industrial, pe-
trochemical, hazardous waste, and other facilities
caused by flooding of the Upper Mississippi River
and Lower Missouri River and their tributaries; and
(7) assess the environmental impact of current
flood control measures and the flood control im-
provements recommended under this section.
(c) CONSULTATION.—In conducting studies under
this section, the Secretary of the Army shall consult the
heads of other Federal agencies with water resources and
floodplain management responsibilities.
(d) REPORT.—Not later than June 30, 1995, the
Secretary of the Army shall transmit to Congress a report
on the results of the studies conducted under this section.
SEC. 6. EMERGENCY RESPONSE.
Section 5(a)(1) of the Act entitled ‘‘An Act authoriz-
ing construction of certain public works on rivers and har-
bors for flood control, and for other purposes’’, approved
August 18, 1941 (33 U.S.C. 701n(a)(1)), is amended by
inserting before the first semicolon the following: ‘‘, or in
implementation of nonstructural alternatives to the repair
or restoration of such flood control work if requested by
the non-Federal sponsor’’.
Æ