Predisaster hazard mitigation enhancement

(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— (1)by redesignating section 204 as section 205; and (2)by inserting after section 203 the following:

204.

Predisaster hazard mitigation enhancement

(a)

Purpose

The purpose of this section is to provide grants to eligible entities to assist hazard mitigation strategies that save lives, improve the structural integrity of property affected by natural disasters, and provide hazard mitigation cost savings to the Federal Government and States. (b)

Grants authorized

The President may make grants, on a competitive basis, to eligible entities in accordance with this section. (c)

Application

To be eligible for a grant under this section, an eligible entity shall submit an application to the President in accordance with regulations issued by the President not later than 180 days after the date of enactment of the Predisaster Hazard Mitigation Enhancement Program Act of 2009. (d)

Grant Uses

A grant made under this section may be used only for the following: (1)To assist predisaster hazard mitigation improvements to residential property that is valued at an amount not exceeding $250,000. (2)To assist predisaster hazard mitigation improvements to business property that is owned or leased and operated by a small business concern and that is valued at an amount not exceeding $500,000. (3)To assist predisaster hazard mitigation improvements to residential rental property that is valued at an amount not exceeding the product of the total number of residential rental dwelling units in such property and $250,000. (e)

Annual adjustment of amounts

The President shall adjust annually the amounts under subsection (d) to account for changes occurring in the preceding 12-month period in the Consumer Price Index for All Urban Consumers (United States City Average) published by the Bureau of Labor Statistics of the Department of Labor. (f)

Minimum standards

An eligible entity that receives a grant under this section shall carry out any repair, construction, renovation, or retrofit assisted by such grant in accordance with the following: (1)Applicable standards of safety and sanitation. (2)Applicable codes, specifications, and standards of the International Building Code of the International Code Council or the NFPA 5000: Building Construction and Safety Code of the National Fire Protection Association. (3)Safe land use and construction practice standards that may be issued by the President after consultation with appropriate State officials. (g)

Federal share

The Federal share of the cost of mitigation activities carried out using amounts from a grant made under this section shall not exceed 75 percent of the cost of the activities. If prior approval by the President is received, the value of in-kind contributions may be credited toward the non-Federal share of the cost of the activities. (h)

Allocation of amounts

Of the amounts appropriated for making grants under this section in a fiscal year, the President shall— (1)require eligible entities to allocate— (A)50 percent of grant amounts to programs that address the mitigation needs of single family housing units; (B)30 percent of grant amounts to programs that address the mitigation needs of multi-family housing units and residential rental dwelling units; and (C)20 percent of grant amounts to programs that address the mitigation needs of small businesses; and (2)allocate not less than 60 percent of all such amounts to mitigation programs relating to hurricanes. (i)

Coastal Barrier Resources System

Grants made under this section may not be used for projects located in the Coastal Barrier Resources System established under section 4 of the Coastal Barrier Resources Act (16 U.S.C. 3503). (j)

Definitions

In this section, the following definitions apply: (1)

Eligible entity

The term eligible entity means any of the 50 States, the District of Columbia, any federally recognized Indian tribe, and any territory or possession of the United States that— (A)has an approved mitigation plan under section 322; (B)implements public awareness campaigns to encourage improvements to structures to mitigate hazards relating to natural disasters; (C)takes steps to encourage mitigation actions with respect to repetitive loss structures within the jurisdiction of such entity; and (D)if such entity has a State residual market, excludes from such State residual market any property located in the Coastal Barrier Resources System established under section 4 of the Coastal Barrier Resources Act (16 U.S.C. 3503). (2)

Natural disaster

The term natural disaster has the meaning given such term under section 602. (3)

President

The term President means the President, acting through the Administrator of the Federal Emergency Management Agency. (4)

Repetitive loss structure

The term repetitive loss structure has the meaning given such term under section 1370 of the National Flood Insurance Act of 1968 (42 U.S.C. 4121). (5)

State Residual Market

The term State residual market means a State plan that has established a reinsurance fund or has authorized the operation of a State residual insurance market entity or any State-sponsored provider of natural catastrophe insurance. (k)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2010 through 2014.

(b)

State homeowner mitigation program support

Section 203(e)(1)(B) of such Act (42 U.S.C. 5133(e)(1)(B)) is amended— (1)at the end of clause (ii) by striking or; (2)at the end of clause (iii) by striking the period and inserting ; or; and (3)by adding at the end the following:

(iv)to support State programs that provide grants or loans to low income homeowners for use with respect to a primary residence for wind and flood inspections and for implementation of hazard mitigation improvements.

(c)

Cooperative storm buffer improvement study

The Administrator of the Federal Emergency Management Agency shall enter into appropriate arrangements with the National Academy of Sciences, or a similar organization, to examine methods to coordinate the functions of man-made storm buffers and natural storm buffers. The study shall include an examination of large coastal communities and smaller, high-priority, natural storm buffer communities.