What it changes

1 change to H.R. 933

Adds a section
  1. Adds SEC. ___. RESTORATION OF CERTAIN PROPERTIES IMPACTED BY NATURAL DISASTER wherever appropriate

    Adds a section

    Inserted: SEC. ___. RESTORATION OF CERTAIN PROPERTIES IMPACTED BY NATURAL DISASTER.

    Inserted: (a) In General.--

    Inserted: (1) Pilot program.--Hereafter, in administering the funds made available to address any major disaster declared on or after August 27, 2011, the Administrator of the Federal Emergency Management Agency (in this section referred to as the "Administrator") shall establish a pilot program for the relocation of State facilities under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172).

    Inserted: (2) Authority.--

    Inserted: (A) Waiver authorized.--Subject to subparagraph (B), under the pilot program established under paragraph (1), the Administrator may waive, or specify alternative requirements for, any regulation that the Administrator administers to provide assistance, consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), for the permanent relocation of State facilities described in subparagraph (C) that--

    Inserted: (i) were significantly damaged as a result of the major disaster;

    Inserted: (ii) are subject to flood risk; and

    Inserted: (iii) are otherwise eligible for repair, restoration, reconstruction, or replacement under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

    Inserted: (B) Conditions.--The Administrator may take actions authorized under subparagraph (A) only if the Administrator determines that the relocation--

    Inserted: (i) is practicable;

    Inserted: (ii) will be cost effective, or more appropriate than repairing, restoring, reconstructing, or replacing the facility in its pre-disaster location; and

    Inserted: (iii) will effectively mitigate the flood risk to the facility.

    Show 2 more inserted paragraphs

    Inserted: (C) Facilities covered.--This paragraph shall apply with respect to State facilities including administrative office buildings, medical facilities, laboratories, and related operating infrastructure (including heat, sewage, mechanical, electrical, and plumbing).

    Inserted: (b) Eligibility of Certain Costs.--Hereafter, for determinations regarding compliance with codes and standards under the Federal Emergency Management Agency Public Assistance program authorized under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172), the Administrator shall, for major disasters declared on or after August 27, 2011, consider eligible the costs required to comply with a State's Stream Alteration General Permit process, including any design standards required to be met as a condition of permit issuance.

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    Original wording

    At the appropriate place, insert the following:

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As printed

SA 32. Mr. LEAHY submitted an amendment intended to be proposed by him to the bill H.R. 933, making appropriations for the Department of Defense, the Department of Veterans Affairs, and other departments and agencies for the fiscal year ending September 30, 2013, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. RESTORATION OF CERTAIN PROPERTIES IMPACTED BY NATURAL DISASTER.

(a) In General.--

(1) Pilot program.--Hereafter, in administering the funds made available to address any major disaster declared on or after August 27, 2011, the Administrator of the Federal Emergency Management Agency (in this section referred to as the “Administrator”) shall establish a pilot program for the relocation of State facilities under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172).

(2) Authority.--

(A) Waiver authorized.--Subject to subparagraph (B), under the pilot program established under paragraph (1), the Administrator may waive, or specify alternative requirements for, any regulation that the Administrator administers to provide assistance, consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), for the permanent relocation of State facilities described in subparagraph (C) that--

(i) were significantly damaged as a result of the major disaster;

(ii) are subject to flood risk; and

(iii) are otherwise eligible for repair, restoration, reconstruction, or replacement under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

(B) Conditions.--The Administrator may take actions authorized under subparagraph (A) only if the Administrator determines that the relocation--

(i) is practicable;

(ii) will be cost effective, or more appropriate than repairing, restoring, reconstructing, or replacing the facility in its pre-disaster location; and

(iii) will effectively mitigate the flood risk to the facility.

(C) Facilities covered.--This paragraph shall apply with respect to State facilities including administrative office buildings, medical facilities, laboratories, and related operating infrastructure (including heat, sewage, mechanical, electrical, and plumbing).

(b) Eligibility of Certain Costs.--Hereafter, for determinations regarding compliance with codes and standards under the Federal Emergency Management Agency Public Assistance program authorized under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172), the Administrator shall, for major disasters declared on or after August 27, 2011, consider eligible the costs required to comply with a State's Stream Alteration General Permit process, including any design standards required to be met as a condition of permit issuance.

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Senate amendment submitted

March 13, 2013