II 109th CONGRESS 2d Session S. 3781 IN THE SENATE OF THE UNITED STATES August 3, 2006 Mr. Vitter introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide for hurricane and flood protection and coastal restoration projects in the State of Louisiana, and for other purposes.

1.

Short title

This Act may be cited as the Disaster Preparedness and Hazard Mitigation Improvement Act of 2006.

2.

Hazard mitigation

(a)

In general

With respect to hazard mitigation activities in response to Hurricane Katrina and Hurricane Rita, the President may provide assistance in accordance with section 404(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)), except that, notwithstanding that section— (1)the President may contribute up to 90 percent of the cost of hazard mitigation measures described in that section; (2)the assistance shall be available for not less than 5 years; and (3)except as provided in subsection (b), the total contributions under that section for a major disaster shall not exceed 15 percent of the estimated aggregate amount of grants to be made under that Act with respect to Hurricane Katrina or Hurricane Rita, as appropriate. (b)

Approval of enhanced plan

For purposes of calculating total contributions under subsection (a)(3), the President may consider an enhanced plan of the State of Louisiana or Mississippi to have been approved under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165) at the time at which a major disaster relating to Hurricane Katrina or Hurricane Rita was declared by the President to exist on or after August 29, 2005, in accordance with section 401 of that Act (42 U.S.C. 5170), if the Under Secretary for Emergency Preparedness and Response, acting through the Director of the Federal Emergency Management Agency, approves the plan by not later than 180 days after the date of enactment of this Act.

3.

Hurricane and flood protection and coastal restoration projects

(a)

In general

Any funds made available for hazard mitigation in the State of Louisiana under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c), as modified by section 2, in excess of $500,000,000 may be made available, as the Governor of the State of Louisiana determines to be appropriate, for— (1)the design and construction of hurricane and flood protection projects and coastal restoration projects in the State to reduce storm surge in any area in the State in which a major disaster relating to Hurricane Katrina or Hurricane Rita was declared by the President to exist on or after August 29, 2005, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); (2)the construction and improvement of Federal-aid highways (including interstate routes) or State highways within an area described in paragraph (1) that the Governor of the State determines to be integral for the evacuation of southern Louisiana in response to a hurricane or other disaster; and (3)carrying out any coordinated effort authorized by the Governor (including through grants provided to faith-based organizations) relating to— (A)environment or land use management; (B)economic development; (C)the acquisition or disposition of property, in accordance with subsection (b); (D)property management; or (E)urban homesteading. (b)

Acquisition of property

No funds made available pursuant to this Act shall be used to acquire property or an interest in property without the consent of the owner of the property or interest.