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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. <> ...


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[[Page 1551]]

                     DISASTER MITIGATION ACT OF 2000

[[Page 114 STAT. 1552]]

Public Law 106-390
106th Congress

                                 An Act


 
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 
                             other purposes.

    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 
follows:

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 
           structures.

                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 
           facilities.
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.

                        TITLE III--MISCELLANEOUS

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 
           employees.
Sec. 306. Buy American.
Sec. 307. Treatment of certain real property.
Sec. 308. Study of participation by Indian tribes in emergency 
           management.

                 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 
        States;
            (2) greater emphasis needs to be placed on--
                    (A) identifying and assessing the risks to States 
                and local governments (including Indian tribes) from 
                natural disasters;
                    (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 
                services;
                    (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 
subsection (e).
    ``(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).
            ``(2) Use.--
                    ``(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; 
                and
                    ``(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 
        subsection (g).

    ``(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 
        financial assistance;
            ``(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 
        the State;
            ``(5) the extent to which the technical and financial 
        assistance is consistent with other assistance provided under 
        this Act;
            ``(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 
        governments.

    ``(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 
        impoverished community.

    ``(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 
        Fund--
                    ``(A) amounts appropriated to carry out this 
                section, which shall remain available until expended; 
                and
                    ``(B) sums available from gifts, bequests, or 
                donations of services or property received by the 
                President for the purpose of predisaster hazard 
                mitigation.
            ``(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 
                be acquired--

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