| Home > 106th Congressional Public Laws > Pub.L. 106-391 To authorize appropriations for the National Aeronautics and Space Administration for fiscal years 2000, 2001, and 2002, and for other purposes. <> ...
Pub.L. 106-391 To authorize appropriations for the National Aeronautics and Space Administration for fiscal years 2000, 2001, and 2002, and for other purposes. <> ...
DISASTER MITIGATION ACT OF 2000
[[Page 114 STAT. 1552]]
Public Law 106-390
To amend the Robert T. Stafford Disaster <<NOTE: Oct. 30, 2000 - [H.R.
707]>> Relief and Emergency Assistance Act to authorize a program for
predisaster mitigation, to streamline the administration of disaster
relief, to control the Federal costs of disaster assistance, and for
Be it enacted by the Senate and House of Representatives of the
United States of America in <<NOTE: Disaster Mitigation Act of
2000.>> Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This <<NOTE: 42 USC 5121 note.>> Act may be cited
as the ``Disaster Mitigation Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
Sec. 1. Short title; table of contents.
TITLE I--PREDISASTER HAZARD MITIGATION
Sec. 101. Findings and purpose.
Sec. 102. Predisaster hazard mitigation.
Sec. 103. Interagency task force.
Sec. 104. Mitigation planning; minimum standards for public and private
TITLE II--STREAMLINING AND COST REDUCTION
Sec. 201. Technical amendments.
Sec. 202. Management costs.
Sec. 203. Public notice, comment, and consultation requirements.
Sec. 204. State administration of hazard mitigation grant program.
Sec. 205. Assistance to repair, restore, reconstruct, or replace damaged
Sec. 206. Federal assistance to individuals and households.
Sec. 207. Community disaster loans.
Sec. 208. Report on State management of small disasters initiative.
Sec. 209. Study regarding cost reduction.
Sec. 301. Technical correction of short title.
Sec. 302. Definitions.
Sec. 303. Fire management assistance.
Sec. 304. Disaster grant closeout procedures.
Sec. 305. Public safety officer benefits for certain Federal and State
Sec. 306. Buy American.
Sec. 307. Treatment of certain real property.
Sec. 308. Study of participation by Indian tribes in emergency
TITLE I--PREDISASTER HAZARD MITIGATION
SEC. 101. <<NOTE: 42 USC 5133 note.>> FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
[[Page 114 STAT. 1553]]
(1) natural disasters, including earthquakes, tsunamis,
tornadoes, hurricanes, flooding, and wildfires, pose great
danger to human life and to property throughout the United
(2) greater emphasis needs to be placed on--
(A) identifying and assessing the risks to States
and local governments (including Indian tribes) from
(B) implementing adequate measures to reduce losses
from natural disasters; and
(C) ensuring that the critical services and
facilities of communities will continue to function
after a natural disaster;
(3) expenditures for postdisaster assistance are increasing
without commensurate reductions in the likelihood of future
losses from natural disasters;
(4) in the expenditure of Federal funds under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.), high priority should be given to mitigation of
hazards at the local level; and
(5) with a unified effort of economic incentives, awareness
and education, technical assistance, and demonstrated Federal
support, States and local governments (including Indian tribes)
will be able to--
(A) form effective community-based partnerships for
hazard mitigation purposes;
(B) implement effective hazard mitigation measures
that reduce the potential damage from natural disasters;
(C) ensure continued functionality of critical
(D) leverage additional non-Federal resources in
meeting natural disaster resistance goals; and
(E) make commitments to long-term hazard mitigation
efforts to be applied to new and existing structures.
(b) Purpose.--The purpose of this title is to establish a national
disaster hazard mitigation program--
(1) to reduce the loss of life and property, human
suffering, economic disruption, and disaster assistance costs
resulting from natural disasters; and
(2) to provide a source of predisaster hazard mitigation
funding that will assist States and local governments (including
Indian tribes) in implementing effective hazard mitigation
measures that are designed to ensure the continued functionality
of critical services and facilities after a natural disaster.
SEC. 102. PREDISASTER HAZARD MITIGATION.
(a) In General.--Title II of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5131 et seq.) is amended by
adding at the end the following:
``SEC. 203. PREDISASTER HAZARD MITIGATION.
``(a) Definition of <<NOTE: President. 42 USC 5133.>> Small
Impoverished Community.--In this section, the term `small impoverished
community' means a community of 3,000 or fewer individuals that is
economically disadvantaged, as determined by the State in which the
community is located and based on criteria established by the President.
``(b) Establishment of Program.--The President may establish a
program to provide technical and financial assistance to States and
local governments to assist in the implementation of
[[Page 114 STAT. 1554]]
predisaster hazard mitigation measures that are cost-effective and are
designed to reduce injuries, loss of life, and damage and destruction of
property, including damage to critical services and facilities under the
jurisdiction of the States or local governments.
``(c) Approval by President.--If the President determines that a
State or local government has identified natural disaster hazards in
areas under its jurisdiction and has demonstrated the ability to form
effective public-private natural disaster hazard mitigation
partnerships, the President, using amounts in the National Predisaster
Mitigation Fund established under subsection (i) (referred to in this
section as the `Fund'), may provide technical and financial assistance
to the State or local government to be used in accordance with
``(d) State Recommendations.--
``(1) In general.--
``(A) Recommendations.--The Governor of each State
may recommend to the President not fewer than five local
governments to receive assistance under this section.
``(B) Deadline for submission.--The recommendations
under subparagraph (A) shall be submitted to the
President not later than October 1, 2001, and each
October 1st thereafter or such later date in the year as
the President may establish.
``(C) Criteria.--In making recommendations under
subparagraph (A), a Governor shall consider the criteria
specified in subsection (g).
``(A) In <<NOTE: President.>> general.--Except as
provided in subparagraph (B), in providing assistance to
local governments under this section, the President
shall select from local governments recommended by the
Governors under this subsection.
``(B) Extraordinary circumstances.--In providing
assistance to local governments under this section, the
President may select a local government that has not
been recommended by a Governor under this subsection if
the President determines that extraordinary
circumstances justify the selection and that making the
selection will further the purpose of this section.
``(3) Effect of failure to nominate.--If a Governor of a
State fails to submit recommendations under this subsection in a
timely manner, the President may select, subject to the criteria
specified in subsection (g), any local governments of the State
to receive assistance under this section.
``(e) Uses of Technical and Financial Assistance.--
``(1) In general.--Technical and financial assistance
provided under this section--
``(A) shall be used by States and local governments
principally to implement predisaster hazard mitigation
measures that are cost-effective and are described in
proposals approved by the President under this section;
``(B) may be used--
``(i) to support effective public-private
natural disaster hazard mitigation partnerships;
``(ii) to improve the assessment of a
community's vulnerability to natural hazards; or
[[Page 114 STAT. 1555]]
``(iii) to establish hazard mitigation
priorities, and an appropriate hazard mitigation
plan, for a community.
``(2) Dissemination.--A State or local government may use
not more than 10 percent of the financial assistance received by
the State or local government under this section for a fiscal
year to fund activities to disseminate information regarding
cost-effective mitigation technologies.
``(f ) Allocation of Funds.--The amount of financial assistance made
available to a State (including amounts made available to local
governments of the State) under this section for a fiscal year--
``(1) shall be not less than the lesser of--
``(A) $500,000; or
``(B) the amount that is equal to 1.0 percent of the
total funds appropriated to carry out this section for
the fiscal year;
``(2) shall not exceed 15 percent of the total funds
described in paragraph (1)(B); and
``(3) shall be subject to the criteria specified in
``(g) Criteria for Assistance Awards.--In determining whether to
provide technical and financial assistance to a State or local
government under this section, the President shall take into account--
``(1) the extent and nature of the hazards to be mitigated;
``(2) the degree of commitment of the State or local
government to reduce damages from future natural disasters;
``(3) the degree of commitment by the State or local
government to support ongoing non-Federal support for the hazard
mitigation measures to be carried out using the technical and
``(4) the extent to which the hazard mitigation measures to
be carried out using the technical and financial assistance
contribute to the mitigation goals and priorities established by
``(5) the extent to which the technical and financial
assistance is consistent with other assistance provided under
``(6) the extent to which prioritized, cost-effective
mitigation activities that produce meaningful and definable
outcomes are clearly identified;
``(7) if the State or local government has submitted a
mitigation plan under section 322, the extent to which the
activities identified under paragraph (6) are consistent with
the mitigation plan;
``(8) the opportunity to fund activities that maximize net
benefits to society;
``(9) the extent to which assistance will fund mitigation
activities in small impoverished communities; and
``(10) <<NOTE: President.>> such other criteria as the
President establishes in consultation with State and local
``(h) Federal Share.--
``(1) In general.--Financial assistance provided under this
section may contribute up to 75 percent of the total cost of
mitigation activities approved by the President.
[[Page 114 STAT. 1556]]
``(2) Small impoverished communities.--Notwithstanding
paragraph (1), the President may contribute up to 90 percent of
the total cost of a mitigation activity carried out in a small
``(i) National Predisaster Mitigation Fund.--
``(1) Establishment.--The President may establish in the
Treasury of the United States a fund to be known as the
`National Predisaster Mitigation Fund', to be used in carrying
out this section.
``(2) Transfers to fund.--There shall be deposited in the
``(A) amounts appropriated to carry out this
section, which shall remain available until expended;
``(B) sums available from gifts, bequests, or
donations of services or property received by the
President for the purpose of predisaster hazard
``(3) Expenditures from fund.--Upon request by the
President, the Secretary of the Treasury shall transfer from the
Fund to the President such amounts as the President determines
are necessary to provide technical and financial assistance
under this section.
``(4) Investment of amounts.--
``(A) In general.--The Secretary of the Treasury
shall invest such portion of the Fund as is not, in the
judgment of the Secretary of the Treasury, required to
meet current withdrawals. Investments may be made only
in interest-bearing obligations of the United States.
``(B) Acquisition of obligations.--For the purpose
of investments under subparagraph (A), obligations may
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