II 111th CONGRESS 1st Session S. 1088 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.

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.