1.This Act may be cited as the
National Flood Research and Education
Act of 2011
.
2.Congress finds the following:
(1)According to the National Oceanic and
Atmospheric Administration (NOAA) three-fourths of all presidential disaster
declarations are associated with flooding.
(2)According to NOAA,
in most years flooding causes more damage in the United States than any other
severe weather related event, an average of $5.3 billion a year for the 30-year
period, 1975–2004.
(3)Flooding, flood
prevention, and flood-related socio-economic, environmental, health and policy
issues are highly complex with implications for loss of life and billions in
damage to all sectors of our economy.
(4)There is not
currently a national-level comprehensive effort to research flooding, flood
prevention, and flood-related issues.
(5)Flooding, flood
prevention, and flood-related issues require a national-level comprehensive and
collaborative research effort to help advance understanding of the variety of
issues on causes of flooding, and implementation of prediction methods as well
as policies that would help prevent future damage and natural disasters.
(6)A
national-level effort should include partnerships between the Federal
Government and institutions of higher education all with expertise in the areas
of physical and environmental science, including hydrology, hydraulics,
hydrometeorology, climate, as well as in engineering, sociology and
economics.
(7)A
national-level effort should include research on climate and weather and any
other area related to flooding, flood prevention, and other flood-related
issues, including—
(A)analysis of the
economic effects of flooding;
(B)evaluation and
development of strategies, techniques, and technologies to reduce, manage,
monitor, and prevent flooding;
(C)analysis of
Federal, State, regional, and local flood policy;
(D)and development of
risk-assessment tools, methods, and models.
(8)A
national-level effort should also include development of recommendations and
identification of best practices for predicting, preventing, and minimizing
flooding and its effects, including—
(A)risk-assessment
tools, methods, and models;
(B)strategies and
techniques for monitoring and predicting flooding;
(C)strategies and
techniques for flood management and prevention;
(D)the adoption and
use of relevant technologies;
(E)Federal, State,
regional, and local flood policies; and
(F)coordination and
cooperation among local, State, and Federal flood-related efforts.
(9)Research,
recommendations, and best practices should be developed by taking into account
regional differences in hydrology, weather, geography, economy, and population
density while ensuring inland and non-oceanic flooding situations, among
others, are represented.
(10)Demonstration
projects should be used to test the efficacy of new strategies, techniques and
technologies for assessing flood risk, monitoring, and predicting and provide
local governments the opportunity to participate in areas where new strategies
are needed.
(11)There are multiple areas of Federal, State,
and local government responsibility for flooding and water-related issues.
Thus, a national-level research effort should involve the development of
collaborative networks on regional flooding, flood prevention, and
flood-related issues, including the following entities—
(A)relevant Federal departments and agencies,
including water-research efforts within NOAA and other Federal entities;
(B)State, county, and
local governments;
(C)local Councils of
Governments or regional and Metropolitan Planning Organizations;
(D)State agriculture,
natural resource, environment, economic development, homeland security, and
water agencies;
(E)county disaster
recovery coordinators, emergency management personnel, and first
responders;
(F)public or private
colleges and universities;
(G)floodplain
managers;
(H)watershed
organizations and boards;
(I)agriculture and
commodity Organizations;
(J)resource,
conservation, preservation and environmental organizations;
(K)homeowners
associations and organizations; and
(L)business and
development organizations.
3.Office of Flood
Research and Policy
(a)
(1)There is hereby established within the National Oceanic
and Atmospheric Administration (NOAA) an Office of Flood Research and
Policy.
(2)
(A)The Office shall be headed by a Director, who shall be
appointed by the Administrator of NOAA.
(B)The rate of pay for the Director shall not
exceed the rate payable for level IV of the Executive Schedule under section
5316 of title 5, United States Code.
(3)
(A)The Director may
appoint and fix the pay of personnel as the Director considers
appropriate.
(B)Detail of
Government employeesUpon
request of the Director, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that department or
agency to the Office to assist the Director in carrying out his duties under
this Act.
(C)The Director may
procure temporary and intermittent services under section 3109(b) of title 5,
United States Code.
(b)The
Director shall—
(1)establish and
oversee the National Flood Research and Education Consortium described in
section 4;
(2)make recommendations and identify best
practices for predicting, preventing, and minimizing flooding and its effects
in accordance with
subsection (c);
(3)submit to Congress
an annual report in accordance with
subsection (d);
(4)establish and
maintain a page on the public NOAA Web site in accordance with
subsection (e); and
(5)review applications that have been approved
by the Lead Partner Institution (LPI) and award grants for demonstration
projects in accordance with
section 6.
(c)Recommendations
and best practices
(1)The Director, in consultation with the Director of the
United States Geological Survey, the Commanding General of the United States
Army Corps of Engineers, and the heads of other relevant Federal agencies,
shall develop recommendations and identify best practices for predicting,
preventing, and minimizing flooding and its effects, including—
(A)risk-assessment
tools, methods, and models;
(B)strategies and
techniques for monitoring and predicting flooding;
(C)strategies and
techniques for flood management and prevention;
(D)the adoption and
use of relevant technologies;
(E)Federal, State, regional, and local flood
policies; and
(F)coordination and cooperation among local,
State, and Federal flood-related efforts.
(2)Additional
considerationsIn developing the recommendations and best
practices described in
paragraph (1), the Director shall
consider—
(A)the annual report
submitted by the LPI in accordance with
section 4(f); and
(B)regional
differences in hydrology, weather, geography, economy, and population
density.
(d)The
Director shall submit to Congress an annual report on the activities of the
Office and the Consortium.
(e)The Director shall
establish and maintain a page on the public NOAA Web site on which the Director
shall publish—
(1)the
recommendations and best practices described in
subsection (c); and
(2)the annual report
described in
subsection (d).
(f)
(1)The Director shall establish procedures to
ensure that there is full and effective review of the research conducted by the
Consortium.
(2)Periodically (and not
less than every year), the Director shall review the activities of the
Consortium to ensure that—
(A)Consortium members
are fulfilling their duties under section 3; and
(B)funds received under this Act are used
solely for such purposes.
(3)Consortium
members shall provide the Director with any information that the Director
considers necessary to carry out his responsibilities under this
section.
4.National Flood
Research and Education Consortium
(a)
(1)The Director shall establish a National Flood Research
and Education Consortium.
(2)
(A)The
Consortium shall consist of—
(i)a LPI selected by the Director as described
in section 5(a); and
(ii)additional
partner institutions selected by the Director and LPI as described in
section 5(b).
(B)Limitation to
institutions of higher educationMembers of the Consortium shall
be institutions of higher education.
(b)Duties of
Consortium membersEach
Consortium member shall—
(1)conduct research on flooding, flood
prevention, and other flood-related issues, including—
(A)analysis of the
economic effects of flooding;
(B)evaluation and
development of strategies, techniques, and technology to reduce, manage,
monitor, and prevent flooding;
(C)analysis of Federal, State, regional, and
local flood policy; and
(D)development of risk-assessment tools,
methods, and models; and
(2)develop
undergraduate and graduate courses on flooding, flooding prevention, and other
flood-related issues.
(c)Additional
duties of Lead Partner InstitutionIn addition to fulfilling the duties
described in
subsection (b), the LPI shall—
(1)establish a center
to plan, coordinate, and facilitate research and information sharing among the
Consortium members;
(2)review and approve
applications for grants under
section 6;
(3)oversee
demonstration projects funded by grands awarded under
section 6;
(4)submit to the
Director an annual report in accordance with
subsection (f); and
(5)establish and
maintain an Internet Web site in accordance with
subsection (g).
(d)Improvement of
Lead Partner Institution facilities
(1)Subject to the requirements of
paragraph (2), the LPI may use funds
authorized pursuant to
section 7(a)(2) to improve facilities
used by the LPI in carrying out its duties under this section.
(2)In order for the LPI to be eligible to
receive funds under this subsection—
(A)the LPI shall submit to the Director a plan
detailing the proposed improvements, including—
(i)the
projected cost of such improvements;
(ii)a
description of engineering, design, staffing, and equipment needs; and
(iii)such additional information as the Director
shall require; and
(B)the Director shall
approve such plan.
(e)
(1)For
each fiscal year in which the Consortium is funded under this Act, the LPI
shall prepare a report that includes—
(A)a summary of the
research and activities—
(i)conducted by each
Consortium member during the fiscal year in accordance with this Act;
and
(ii)planned by each Consortium member for the
next fiscal year in accordance with this Act;
(B)a detailed accounting of the
amounts—
(i)expended by each
Consortium member during the fiscal year in carrying out this Act; and
(ii)planned to be expended by each Consortium
member for the next fiscal year in carrying out this Act;
(C)the number of
applications for grants under section 5 received during the fiscal year, a list
of such grants awarded during the fiscal year, and the status of demonstration
projects funded by such grants; and
(D)such additional
information as the Director shall require.
(2)In the case of the final annual report, the LPI may
exclude the information described in
paragraph (1)(A)(ii) and
paragraph (1)(B)(ii).
(3)The LPI shall submit the report described
in
paragraph (1) to the Director no later
than 30 days after the end of the fiscal year.
(f)The LPI shall establish and maintain an Internet Web site
for the Consortium on which the LPI shall publish—
(1)information about
the purpose of the Consortium;
(2)the location and
contact information of Consortium members;
(3)a
link to the page of the Office on the public NOAA Web site;
(4)a detailed description of all research
conducted by Consortium members in accordance with this Act;
(5)articles on flooding, flood prevention, and
flood-related issues published in peer-reviewed academic journals by professors
of Consortium members;
(6)information about
the grant program described in
section 6, including the application and
criteria for selection;
(7)the status of
demonstration projects funded by the grant program described in
section 6; and
(8)such additional
information as the Director shall require.
(g)Consortium members shall provide the LPI
with any information the LPI considers relevant to carry out its
responsibilities under this section.
5.Selection of
Consortium Members
(a)
(1)Not later than 90 days after the date of enactment of
this Act, the Director shall select an institution of higher education to serve
as the lead partner institution to head the Consortium.
(2)An
institution of higher education desiring to be selected as the LPI of the
Consortium shall submit an application to the Director at such time, in such
form, and containing such information and assurances as the Director shall
reasonably require. Such application shall include—
(A)a comprehensive
prospectus for the operation of the Consortium;
(B)a research
proposal;
(C)a description of
relevant current and past research conducted by the institution;
(D)a plan to develop undergraduate and
graduate courses on flooding, flooding prevention, and other flood-related
issues;
(E)a plan to
incorporate undergraduate and graduate students in the work of the
Consortium;
(F)a proposed budget;
and
(G)a certification
that the applicant will provide non-Federal matching funds in an amount that is
at least equal to 20 percent of any funds received under this Act.
(3)In
selecting the LPI, the Director shall give priority to an applicant
that—
(A)has significant research expertise in the
areas of physical and environmental science, flooding, hydraulics,
hydroscience, engineering, and meteorology;
(B)is located in a
State that frequently experiences non-oceanic and inland flooding;
(C)has previously
partnered with or received funds from the Federal Government to research
flooding, hydrology, and watershed issues;
(D)has experience
operating a flood research center serving the State or region in which the
institution is located;
(E)has the capability
to take a leading role in coordinating and fulfilling the purposes of the
Consortium; and
(F)has the capacity
to administer the demonstration project grant program described in
section 6.
(b)
(1)Not later than 90 days after the selection of the LPI,
the Director, in coordination with the LPI, shall select additional
institutions of higher education to participate in the Consortium.
(2)An institution of higher education desiring
to be selected as a member of the Consortium shall submit an application to the
Director at such time, in such form, and containing such information and
assurances as the Director shall reasonably require. Such application shall
include—
(A)a research proposal;
(B)a description of
relevant current and past research conducted by the institution;
(C)a plan to develop undergraduate and
graduate courses on flooding, flooding prevention, and other flood-related
issues;
(D)a plan to
incorporate undergraduate and graduate students in the work of the
Consortium;
(E)a proposed budget;
and
(F)a certification
that the applicant will provide non-Federal matching funds in an amount that is
at least equal to 20 percent of any funds received under this Act.
(3)In selecting additional members of the
Consortium, the Director shall give priority to an applicant that—
(A)has demonstrated research expertise in an
area or areas related to flooding; and
(B)has the ability to
plan, coordinate, and conduct research related to flooding, flood prevention,
and flood-related issues.
6.Grant program for
demonstration projects
(a)From funds made available under
section 7(a), the Director shall award
grants to States and units of local government for the purpose of funding
eligible demonstration projects.
(b)To
be eligible to receive a grant under this section, a State or unit of local
government shall submit an application to the LPI at such time and in such
manner as the LPI, in consultation with the Director, shall reasonably
require.
(c)
(1)The award of a grant under
subsection (a) shall require the approval of
both the LPI and the Director.
(2)
(A)The LPI shall approve or reject an
application for a grant under
subsection (a) not later than 60 days after
receiving the completed application.
(B)If the LPI approves an application for a
grant under
subsection (a), the Director shall approve
or reject such application not later than 30 days after approval by the
LPI.
(d)Eligible
demonstration projectsA
State or unit of local government that receives a grant under
subsection (a) shall use such grant to fund
demonstration projects that—
(1)implement the recommendations and best
practices described in
section 3(c); or
(2)test new or improved techniques,
strategies, technologies, methods, tools, and models for predicting,
preventing, and minimizing flooding and its effects.
(e)
(1)Except
as provided in
paragraph (2), a grant under this section
shall not exceed $250,000.
(2)A
grant under this section may exceed $250,000 if—
(A)all Consortium
members waive the limitation of
paragraph (1);
(B)the Director
waives the limitation of
paragraph (1); and
(C)the demonstration
project involves multiple watersheds or jurisdictions and benefits multiple
communities.
(3)States and units of local government that receive funds
under this section shall contribute non-Federal funds in an amount equal to or
greater than 20 percent of the amount received.
7.
(a)Authorization of
appropriations
(1)In addition to the funds authorized to be appropriated
under paragraph (2), for each of the fiscal years 2012 through 2017, there is
authorized to be appropriated to the Administrator of NOAA $11,000,000 to carry
out this Act.
(2)Improvement of
LPI facilitiesThere is authorized to be appropriated to the
Administrator of NOAA such sums as may be necessary for payments to the LPI for
the purposes described in
section 4(e).
(b)
(1)Office of Flood
Research and PolicyOf the
amounts made available under
subsection (a)(1) for a fiscal year, not
more than $2,000,000 may be used to fund the activities of the Office.
(2)Of the amounts
made available under
subsection (a)(1) for a fiscal year, not
more than $3,000,000 may be used to fund the activities of the LPI.
(3)Additional
members of the Consortium
(A)Of the amounts made
available under
subsection (a)(1) for a fiscal year, not
more than $3,000,000 may be used to fund the activities of the members of the
Consortium other than the LPI.
(B)Of the amounts made available under
subparagraph (A), not more than
$500,000 may be used to fund the activities of a member of the Consortium other
than the LPI.
(4)Of the amounts made
available under
subsection (a)(1) for a fiscal year, not
more than $3,000,000 may be used to fund the grant program described in
section 6.
8.In this Act:
(1)The
term Consortium means the National Flood Research and Education
Consortium established in section 3.
(2)The
term Director means the Director of the Office of Flood Research
and Policy established within NOAA in section 2.
(3)Institution of
higher educationThe term institution of higher
education has the meaning given such term in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(4)The
term LPI means the Lead Partner Institution described in section
4(a).
(5)The
term Office means the Office of Flood Research and Policy
established in section 2.