Short title

This Act may be cited as the

Rural Flood Mitigation and Recovery Act of 2010

Corps of Engineers flood damage reduction projects

(a)

In general

In carrying out a study for a flood damage reduction project to be carried out for a flood prone disaster area, the Secretary of the Army may determine that the project is justified and recommend the project solely on the basis that the non-Federal interest for the project has demonstrated that the project is appropriate and needed to protect the long-term economic viability of the area. (b)

Flood prone disaster area defined

In this section, the term “flood prone disaster area” means an area determined by the President at any time to be a flood prone disaster area under section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (as added by section 3 of this Act).

Flood prone disaster areas

Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended— (1)by redesignating the second section 425 (42 U.S.C. 5189e; relating to essential service providers) as section 427; and (2)by adding at the end the following:

428.

Flood prone disaster areas

(a)

Determination of flood prone disaster areas

(1)

In general

If the President declares under section 401 that a major disaster exists in an area due to flooding, the President shall determine at the time of the declaration whether the area qualifies as a flood prone disaster area for the purposes of this section. (2)

Criteria

The President shall determine an area to be a flood prone disaster area under paragraph (1) if the area has experienced at least 2 other major disasters due to flooding during the 5-year period preceding the date of the declaration referred to in paragraph (1). (3)

Applicability

The determination that an area is a flood prone disaster area in connection with a major disaster shall apply to assistance made available under this Act with respect to that disaster. (b)

Special rules for flood prone disaster areas

(1)

Contributions for hazard mitigation measures

(A)

Federal share

In making contributions for hazard mitigation measures under section 404 for the benefit of a flood prone disaster area, the President shall treat the 75 percent specified in the first sentence of subsection (a) of that section as— (i)90 percent; or (ii)100 percent, if the President determines that the measures would not be carried out without additional Federal funding and are necessary to protect the long-term economic viability of the area. (B)

Total contributions

In making contributions for hazard mitigation measures under section 404 for the benefit of a flood prone disaster area, the President shall— (i)treat the 15 percent specified in the last sentence of subsection (a) of that section as 20 percent; and (ii)treat the 20 percent specified in section 322(e)(1) as 25 percent. (2)

Repair, restoration, and replacement of damaged facilities

In making contributions for the repair, restoration, reconstruction, or replacement of facilities under section 406 for the benefit of a flood prone disaster area, the President shall treat the 75 percent specified in subsection (b)(1) of that section as— (A)90 percent; or (B)100 percent, if the President determines that the activity would not be carried out without additional Federal funding and is necessary to protect the long-term economic viability of the area. (c)

Flood prone disaster area task forces

(1)

Establishment

In each State that includes a flood prone disaster area, the President shall establish a task force to ensure that activities in response to the major disaster in that area are coordinated and carried out appropriately. (2)

Membership

The President shall ensure, to the extent practicable, that each task force established under paragraph (1) is composed of the heads of all Federal and State agencies relevant to disaster response activities in the flood prone disaster area.

Hazard mitigation

Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the following:

(d)

Timing of contributions

In making contributions for hazard mitigation measures under this section with respect to a major disaster, the President, to the extent practicable, shall— (1)review an application for assistance not later than 3 months after the date on which the application is received; and (2)begin providing contributions to the cost of the measures not later than 6 months after the date on which the major disaster is declared.

Federal assistance to individuals and households

Section 408(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(a)) is amended by adding at the end the following:

(3)

Consideration of certain factors

In determining whether to provide financial assistance or direct services under this section to an individual or household affected by a major disaster, the President shall give consideration to— (A)the economic impact of the major disaster on the area in which the individual or household is located; and (B)the number of other major disasters that have been declared with respect to that area during the preceding 5-year period.

Emergency relief

Section 120(e) of title 23, United States Code, is amended by inserting after natural disaster or catastrophic failure the following: , or accomplished more than 180 days after the actual occurrence if the Secretary determines that inclement weather or flooding prevented accomplishment within 180 days,.

Repair, restoration, and replacement of damaged facilities pilot program

(a)

In general

During the 2-year period beginning on the date of enactment of this Act, the President shall select 3 major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) for the use of modified response procedures in accordance with subsection (b). (b)

Modified response procedures

With respect to a major disaster selected for modified response procedures under subsection (a), the President, in carrying out section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172), shall make contributions to a State or local government for a repair, restoration, reconstruction, or replacement project— (1)at the time that a bid is selected for awarding the contract with respect to the project; and (2)in an amount based on the bid selected. (c)

Report

Not later than 30 months after the date of enactment of this Act, the President shall submit to Congress a report on the results of the use of modified response procedures under this section, including a description of— (1)any benefits that resulted from the use of the procedures; and (2)any overpayments that resulted from the use of the procedures.

Indian tribe disaster response management pilot program

(a)

Establishment

The President shall establish an Indian tribe disaster response management pilot program (in this section referred to as the program) in accordance with this section. (b)

Participants

(1)

In general

Not later than 6 months after the date of enactment of this Act, the President shall select 5 Indian tribes (as such term is defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))) to participate in the program. (2)

Consideration of past major disaster declarations

In considering an Indian tribe for participation in the program, the President shall give consideration to the number of major disasters that have been declared with respect to the lands of the Indian tribe by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). (c)

Treatment as States

(1)

In general

Notwithstanding section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), an Indian tribe selected for participation in the program shall be treated as a State for purposes of— (A)requesting, under section 401 of such Act (42 U.S.C. 5170), a declaration by the President that a major disaster exists with respect to lands of the Indian tribe; and (B)managing response activities under that Act with respect to a major disaster declared. (2)

Duration

An Indian tribe selected for participation in the program shall be treated as a State in accordance with paragraph (1) during the 5-year period beginning on the date on which the Indian tribe is selected for program participation. (d)

Technical assistance and grants

The President is authorized to provide technical assistance and grants to an Indian tribe selected for participation in the program to ensure that the Indian tribe has the appropriate personnel for and is prepared to manage disaster response activities during program participation. (e)

Report

Not later than 30 months after the date of enactment of this Act, the President shall submit to Congress a report describing the results of the program and any related recommendations, including a recommendation on whether to make the program permanent and allow the participation of all Indian tribes.

Study and implementation plan grants with respect to road projects

The Administrator of the Federal Emergency Management Agency is authorized to make a grant to a State to assist the State to— (1)conduct a study to determine and prioritize road projects that need to be completed for the State to be prepared for flooding or other potential disasters; and (2)develop an implementation plan for projects determined to be a priority under paragraph (1).

10.

Report on communication

Not later than 12 months after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit to Congress a report that includes— (1)a description of the efforts of the Administrator to improve communication with State and local officials with respect to the disaster response, recovery, and hazard mitigation programs of the Agency; and (2)recommendations for continuing to improve such communication.

11.

Hazard mitigation assistance report

Not later than 6 months after the date of enactment of this Act, the President shall submit to Congress a report that includes— (1)a description of the efforts of the President to utilize contributions made under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) for hazard mitigation projects; (2)an assessment of the effectiveness of the efforts described in paragraph (1), including a specification of impediments to effectiveness; (3)recommendations for improving the effectiveness of the efforts described in paragraph (1); and (4)a description of the interaction between the efforts described in paragraph (1) and contributions for hazard mitigation measures made under section 404 of such Act (42 U.S.C. 5170c).

12.

GAO studies and reports

(a)

Assistance to distressed communities

(1)

Study

The Comptroller General shall conduct a study on the effectiveness of the major disaster declaration process and other response activities under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in providing assistance to distressed communities, including Indian tribes (as such term is defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))). (2)

Report

Not later than 12 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under paragraph (1). (b)

Paperwork reduction for hazard mitigation projects

(1)

Study

The Comptroller General shall conduct a study on the application processes and paperwork required for programs under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) that provide assistance for hazard mitigation activities, including whether application process complexity prevents certain entities from applying for the assistance. (2)

Report

Not later than 12 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under paragraph (1), which shall include recommendations for streamlining the application processes and paperwork required for programs that provide assistance for hazard mitigation activities.