S.Amdt. 2485

1. Adds SEC. __. FACILITIES IN COASTAL HIGH HAZARD AREAS at the end of title I

   Adds a section

   In S. 1940 · Reported to Senate

   (c) Federal Flood Insurance Act of 1956.--Section 15(e) of the Federal Flood Insurance Act of 1956 (42 U.S.C. 2414(e)) is amended by striking "Director" each place that term appears and inserting "Administrator".

   Inserted: SEC. __. FACILITIES IN COASTAL HIGH HAZARD AREAS.

   Inserted: (a) Definitions.--In this section--

   Inserted: (1) the term "coastal high hazard area" has the same meaning as in section 9.4 of title 44, Code of Federal Regulations, or any successor thereto;

   Inserted: (2) the term "eligible entity" means an entity that receives a contribution under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172);

   Inserted: (3) the term "essential to a community's recovery" means, with respect to a structure or facility, that the structure or facility is associated with the basic functions of a local government, including public health and safety, education, law enforcement, fire protection, and other critical government operations; and

   Inserted: (4) the term "major disaster" means a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).

   Inserted: (b) Regulations.--

   Inserted: (1) Substantial improvements.--Notwithstanding section 9.4 of title 44, Code of Federal Regulations, an action relating to a structure or facility located in a coastal high hazard area for which an eligible entity received a contribution under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) shall be deemed to be a "substantial improvement" for purposes of such part 9 if--

   Inserted: (A) the action involves the replacement of a structure or facility that--

   Inserted: (i) was located in the coastal high hazard area before the incident that caused the structure or facility to be totally destroyed; and

   Inserted: (ii) is essential to a community's recovery from a major disaster;

   Inserted: (B) there is no practicable alternative to locating a replacement structure or facility in the coastal high hazard area;

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   Inserted: (C) the replacement structure or facility conforms to the most recent Flood Resistant Design and Construction standard issued by the American Society of Civil Engineers, or any more stringent standard approved by the Administrator; and

   Inserted: (D) the eligible entity develops evacuation and emergency response procedures to reduce the risk of loss of human life and operational disruption from a flood.

   Inserted: (2) Relocation.--

   Inserted: (A) Relocation required.--The amendments under paragraph (1) shall provide that if the Administrator determines that there is a practicable alternative to the original site of a structure or facility described in paragraph (1) that is outside the coastal high hazard area and that provides better protection against the flood hazard or other hazards associated with coastal high hazard areas, the replacement structure or facility shall be relocated to the alternative site.

   Inserted: (B) Relocation.--If a replacement structure or facility is relocated under subparagraph (A), the original site for the destroyed structure or facility shall be deed restricted in conformance with part 80 of title 44, Code of Federal Regulations.

   Inserted: (C) No relocation.--If a replacement structure or facility is rebuilt at the same location, the eligible entity shall set aside an alternative parcel of land in the coastal high hazard area of equal or greater size, to be deed restricted in conformance with part 80 of title 44, Code of Federal Regulations, that the Administrator determines--

   Inserted: (i) provides better protection against floods; or

   Inserted: (ii) promotes the restoration of natural and beneficial functions of coastal floodplains, including protection to endangered species, critical habitat, wetlands, or coastal uses.

   Inserted: (3) Applicability.--This section shall apply with respect to any major disaster or emergency declared on or after the date of enactment of this Act.

   Original wording

   At the end of title I, add the following:

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As printed