Special rules for covered hurricane damages

(a)

In lieu contributions

In providing contributions under section 406(c) of the Stafford Act (42 U.S.C. 5172(c)) for covered hurricane damages, the President shall substitute 90 percent for the otherwise applicable percentage specified in paragraphs (1)(A) and (2)(A) of such section. (b)

Participation in pilot projects

The States of Louisiana and Mississippi and local governments in such States shall be eligible to participate in the pilot program established by section 689j of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 777) with respect to covered hurricane damages. (c)

Alternative dispute resolution procedures

(1)

In general

Notwithstanding section 423 of the Stafford Act (42 U.S.C. 5189a) or any regulation, the President is authorized and encouraged to use alternative dispute resolution procedures for appeals of decisions made under sections 403, 406, and 407 of the Stafford Act (42 U.S.C. 5179b, 5172, and 5173) regarding the award or denial of assistance, or the amount of assistance, provided to a State, local government, or owner or operator of a private facility for covered hurricane damages. (2)

Denials of requests

(A)

Written notice

If a State, local government, or owner or operator of a private facility requests the use of alternative dispute resolution procedures for an appeal pursuant to paragraph (1) and the President denies the request, the President shall provide to the State, local government, or owner or operator written notice of the denial, including the reasons for the denial. (B)

Quarterly reports

The President shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, on at least a quarterly basis, a report containing information on any denial described in subparagraph (A) made by the President during the period covered by the report, including the reasons for the denial. (3)

Applicability

Paragraph (1) shall apply to an appeal made by a State, local government, or owner or operator of a private facility within 60 days after the date on which the State, local government, or owner or operator is notified of the decision that is the subject of the appeal. (4)

Report to Congress

Not later than one year after the date of enactment of this Act, the President shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing a description of how alternative dispute resolution procedures are being used pursuant to this subsection and recommendations on whether the President should be given the authority to use such procedures under the Stafford Act on a permanent basis. (d)

Essential assistance

In providing assistance under section 403 of the Stafford Act for covered hurricane damages, the President may provide assistance for the re-interment of human remains at a privately-owned or private nonprofit cemetery. (e)

Use of simplified procedures

For covered hurricane damages, the President may use, if requested by a State or local government or the owner or operator of a private nonprofit facility, section 422 of the Stafford Act (42 U.S.C. 5189) for a project for which the Federal estimate of the cost is less than $100,000. (f)

Use of temporary housing units To provide housing to volunteers

(1)

In general

In providing assistance under title IV of the Stafford Act (42 U.S.C. 5170 et seq.) for covered hurricane damages, the President may provide temporary housing units purchased under section 408 of the Stafford Act (42 U.S.C. 5174) to State and local governments and appropriate private nonprofit entities for the purpose of providing housing to volunteers assisting in the recovery from such damages. (2)

Feasibility determination

The President may provide temporary housing units for the purposes described in paragraph (1) only if the President determines that such assistance is appropriate, cost effective, and would not unduly interfere with the ability of the Federal Emergency Management Agency to provide housing for individuals and households with respect to other major disasters. (g)

Contributions for public facilities used to host public events

(1)

In general

Notwithstanding sections 403 and 406 of the Stafford Act (42 U.S.C. 5170b and 5172), the President may make contributions to the State of Louisiana for— (A)costs incurred for the repair or restoration of a public facility used to host public events if the facility was damaged as a result of use in conducting response activities for Hurricane Katrina or Rita; (B)costs incurred because response activities for Hurricane Katrina or Rita precluded the normal use of a public facility used to host public events; (C)costs incurred for necessary materials provided to evacuees of Hurricane Katrina or Rita in a public facility used to host public events; and (D)the reasonable costs of renting or leasing a public facility used to host public events that was used for conducting response activities for Hurricane Katrina or Rita. (2)

Limitations

(A)

Contributions for repair and restoration costs

Contributions made under paragraph (1)(A) shall be limited to repair and restoration costs associated with damages described in paragraph (1)(A) that occurred— (i)in the case of damages related to Hurricane Katrina, on or before October 27, 2005; and (ii)in the case of damages related to Hurricane Rita, on or before November 23, 2005. (B)

Contributions for costs incurred for cancelled events

(i)

Event requirements

Contributions made under paragraph (1)(B) shall be limited to costs that are documented for an event— (I)for which there was a binding commitment for use of the facility in effect prior to August 29, 2005; and (II)that was scheduled to be held on or before December 31, 2005, at the facility. (ii)

Lost revenues

Contributions under paragraph (1)(B) shall not be made for any lost revenues. (C)

Contributions for reasonable costs of renting or leasing

Contributions made under paragraph (1)(D) shall be limited to the reasonable costs of renting or leasing the facility during the period beginning on August 29, 2005, and ending on January 6, 2006. (3)

Costs recoverable from other sources

Costs that may be recovered by the State of Louisiana from any other program or from insurance or another source shall not be eligible for assistance under this subsection. (4)

Limitation on statutory construction

Nothing in this section shall be construed to affect eligibility for assistance under section 403 or 406 of the Stafford Act (42 U.S.C. 5170b or 5172), except to the extent that such assistance would result in a duplication of benefits. (5)

Federal share

The Federal share of assistance under this subsection shall be 100 percent of the eligible costs. (6)

Funding

Amounts appropriated to carry out sections 403 and 406 of the Stafford Act (42 U.S.C. 5170b and 5172) shall be available to carry out this section, including amounts appropriated before the date of enactment of this Act. (h)

Status report

Not later than 180 days after the date of enactment of this Act, the President shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Government Affairs of the Senate a report regarding the status of recovery for the States of Louisiana and Mississippi from Hurricanes Katrina and Rita. (i)

Hazard mitigation projects

(1)

In general

A project for covered hurricane damages initiated by the State of Louisiana or Mississippi in the period beginning on August 29, 2005, and ending on the date of enactment of this Act may contribute toward the non-Federal share of assistance under section 404 of the Stafford Act (42 U.S.C. 5170c) if the project— (A)complies with all applicable Federal laws governing assistance under such section, and (B)otherwise is eligible to contribute to the non-Federal share of assistance under such section,

notwithstanding any requirement for approval of the eligibility and compliance of a project by the President prior to the initiation of the project contributing toward the non-Federal share.

(2)

Applications

The States of Louisiana and Mississippi may submit an application to the President under section 404 of the Stafford Act with respect to any project described in paragraph (1).