[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1088 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1088

 To authorize certain construction in coastal high hazard areas using 
 assistance under the Robert T. Stafford Disaster Relief and Emergency 
                            Assistance Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2009

 Ms. Landrieu introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To authorize certain construction in coastal high hazard areas using 
 assistance under the Robert T. Stafford Disaster Relief and Emergency 
                            Assistance Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. COASTAL HIGH HAZARD AREAS.

    (a) Definitions.--In this section--
            (1) the term ``coastal high hazard area'' has the meaning 
        given that term in section 9.4 of title 44, Code of Federal 
        Regulations, or any successor thereto; and
            (2) the term ``major disaster'' has the meaning given that 
        term in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122).
    (b) Authorization.--For an activity in a coastal high hazard area 
that is otherwise an eligible use of assistance under section 404, 
section 406, or section 408 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5170c, 5172, and 5174) as a 
result of damage caused by Hurricane Katrina, Rita, Gustav, or Ike, 
notwithstanding 9.11(d)(1) of title 44, Code of Federal Regulations, 
and subject to all other requirements under part 9 of title 44, Code of 
Federal Regulations--
            (1) the activity shall be an eligible use of assistance 
        under such section; and
            (2) any new construction or substantial improvements to 
        structures under such an activity involving critical actions 
        shall not be required to elevate to the 500-year floodplain, if 
        it would be impracticable.
    (c) Administrative Procedures.--Notwithstanding chapter 5 of title 
5, United States Code (commonly known as the ``Administrative Procedure 
Act''), the Administrator of the Federal Emergency Management Agency 
shall not be required to promulgate, modify, or amend any regulation to 
carry out subsection (b).
    (d) Applicability.--This section shall apply to any assistance 
under the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.) relating to a major disaster--
            (1) declared on or after August 28, 2005; and
            (2) relating to Hurricane Katrina, Rita, Gustav, or Ike.
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