[Congressional Record Volume 146, Number 123 (Thursday, October 5, 2000)]
[Senate]
[Pages S9965-S9975]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

                      MIWALETA PARK EXPANSION ACT

                                 ______
                                 

                      MURKOWSKI AMENDMENT NO. 4290

  Mr. MACK (for Mr. Murkowski) proposed an amendment to the bill (H.R. 
1725) to provide for the conveyance by the Bureau of Land Management to 
Douglas County, Oregon, of a county park and certain adjacent land; as 
follows:

       On page 3, beginning on line 6 strike Section 2(b)(1) and 
     insert:
       ``(1) In general.--After conveyance of land under 
     subsection (a), the County shall manage the land for public 
     park purposes consistent with the plan for expansion of the 
     Miwaleta Park as approved in the Decision Record for 
     Galesville Campground, EA #OR110-99-01, dated September 17, 
     1999.''.
       Section 2(b)(2)(A) strike ``purposes--'' and insert: 
     ``purposes as described in paragraph 2(b)(1)--''.
                                 ______
                                 

                SAINT-GAUDENS HISTORIC SITE LEGISLATION

                                 ______
                                 

                       THOMAS AMENDMENT NO. 4291

  Mr. MACK (for Mr. Thomas) proposed an amendment to the bill (S. 1367) 
to amend the Act which established the Saint-Gaudens Historic Site, in 
the State of New Hampshire, by modifying the boundary and for other 
purposes; as follows:

       On page 2, line 3, strike ``215'' and insert in lieu 
     thereof ``279''.
                                 ______
                                 

            SOUTHEASTERN ALASKA INTERTIE SYSTEM LEGISLATION

                                 ______
                                 

                      MURKOWSKI AMENDMENT NO. 4292

  Mr. MACK (for Mr. Murkowski) proposed an amendment to the bill (S. 
2439) to authorize the appropriation of funds for the construction of 
the Southeastern Alaska Intertie system, and for other purposes; as 
follows:

       Strike all after the enacting clause and insert the 
     following:
       ``That upon the completion and submission to the United 
     States Congress by the Forest Service of the ongoing High 
     Voltage Direct Current viability analysis pursuant to USFS 
     Collection Agreement #00CO-111005-105 or no later than 
     February 1, 2001, there is hereby authorized to be 
     appropriated to the Secretary of Energy such sums as may be 
     necessary to assist in the construction of the Southeastern 
     Alaska Intertie system as generally identified in Report #97-
     01 of the Southern Conference. Such sums shall equal 80 
     percent of the cost of the system and may not exceed $384 
     million. Nothing in this Act shall be construed to limit or 
     waive any otherwise applicable State or Federal Law.

     ``SEC. 2. NAVAJO ELECTRIFICATION DEMONSTRATION PROGRAM.

       ``(a) Establishment.--The Secretary of Energy shall 
     establish a five year program to

[[Page S9966]]

     assist the Navajo Nation to meet its electricity needs. The 
     purpose of the program shall be to provide electric power to 
     the estimated 18,000 occupied structures on the Navajo Nation 
     that lack electric power. The goal of the program shall be to 
     ensure that every household on the Navajo Nation that 
     requests it has access to a reliable and affordable source of 
     electricity by the year 2006.
       ``(b) Scope.--In order to meet the goal in subsection (a), 
     the Secretary of Energy shall provide grants to the Navajo 
     Nation to--
       ``(1) extend electric transmission and distribution lines 
     to new or existing structures that are not served by electric 
     power and do not have adequate electric power service;
       ``(2) purchase and install distributed power generating 
     facilities, including small gas turbines, fuel cells, solar 
     photovoltaic systems, solar thermal systems, geothermal 
     systems, wind power systems, or biomass-fueled systems;
       ``(3) purchase and install other equipment associated with 
     the generation, transmission, distribution, and storage of 
     electric power; or
       ``(4) provide training in the installation operation, or 
     maintenance of the lines, facilities, or equipment in 
     paragraphs (1) through (3); or
       ``(5) support other activities that the Secretary of Energy 
     determines are necessary to meet the goal of the program.
       ``(c) Technical Support.--At the request of the Navajo 
     Nation, the Secretary of Energy may provide technical support 
     through Department of Energy laboratories and facilities to 
     the Navajo Nation to assist in achieving the goal of this 
     program.
       ``(d) Annual Reports.--Not later than February 1, 2002 and 
     for each of the five succeeding years, the Secretary of 
     Energy shall submit a report to Congress on the status of the 
     programs and the progress towards meeting its goal under 
     subsection (a).
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of Energy to 
     carry out this section $15,000,000 for each of the fiscal 
     years 2002 through 2006.''
                                 ______
                                 

  SAND CREEK MASSACRE NATIONAL HISTORIC SITE ESTABLISHMENT ACT OF 2000

                                 ______
                                 

                       THOMAS AMENDMENT NO. 4293

  Mr. MACK (for Mr. Thomas) proposed an amendment to the bill (S. 2950) 
to authorize the Secretary of the Interior to establish the Sand Creek 
Massacre Historic Site in the State of Colorado; as follows:

       On page 5, line 23, strike ``Boundary of the Sand Creek 
     Massacre Site'' and insert in lieu thereof ``Sand Creek 
     Massacre Historic Site''.
       On page 5, line 25, strike ``SAND 80,009 IR'' and insert in 
     lieu thereof ``SAND 80,013 IR''.
                                 ______
                                 

                LITTLE SANDY RIVER WATERSHED LEGISLATION

                                 ______
                                 

                      MURKOWSKI AMENDMENT NO. 4294

  Mr. MACK (for Mr. Murkowski) proposed an amendment to the bill (S. 
2691) to provide further protections for the watershed of the Little 
Sandy River as part of the Bull Run Watershed Management Unit, Oregon, 
and for other purposes; as follows:

       Strike Section 3, through the end of the bill, and insert:

     SEC. 3. LAND RECLASSIFICATION.

       (a) Within six months of the date of enactment of this Act, 
     the Secretaries of Agriculture and Interior shall identify 
     any Oregon and California Railroad lands (O&C lands) subject 
     to the distribution provision of the Act of August 28, 1937 
     (chapter 876, title II, 50 Stat. 875; 43 U.S.C. Sec. 1181f) 
     within the boundary of the special resources management area 
     described in Section 1 of this Act.
       (b) Within eighteen months of the date of enactment of this 
     Act, the Secretary of the Interior shall identify public 
     domain lands within the Medford, Roseburg, Eugene, Salem and 
     Coos Bay Districts and the Klamath Resource Area of the 
     Lakeview District of the Bureau of Land Management 
     approximately equal in size and condition as those lands 
     identified in paragraph (a) but not subject to the Act of 
     August 28, 1937 (chapter 876, title II, 50 Stat. 875; 43 
     U.S.C. Sec. 1181a-f). For purposes of this paragraph, `public 
     domain lands' shall have the meaning given the term `public 
     lands' in Section 103 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1702), but excluding there 
     from any lands managed pursuant to the Act of August 28, 1937 
     (chapter 876, title II, 50 Stat. 875; 43 U.S.C. 1181a-f).
       (c) Within two years after the date of enactment of this 
     Act, the Secretary of the Interior shall submit to Congress 
     and publish in the Federal Register a map or maps identifying 
     those public domain lands pursuant to paragraphs (a) and (b) 
     of this Section. After an opportunity for public comment, the 
     Secretary of the Interior shall complete an administrative 
     land reclassification such that those lands identified 
     pursuant to paragraph (a) become public domain lands not 
     subject to the distribution provision of the Act of August 
     28, 1937 (chapter 876, title II, 50 Stat. 875f; 43 U.S.C. 
     Sec. 1181f) and those lands identified pursuant to paragraph 
     (b) become Oregon and California Railroad lands (O&C lands) 
     subject to the Act of August 28, 1937 (chapter 876, title II, 
     50 Stat. 875; 43 U.S.C. 1181a-f).

     SEC. 4. ENVIRONMENTAL RESTORATION.

       (a) In General.--In order to further the purposes of this 
     Act, there is hereby authorized to be appropriated $10 
     million under the provisions of section 323 of the FY 1999 
     Interior Appropriations Act (P.L. 105-277) for Clackamas 
     County, Oregon, for watershed restoration, except timber 
     extraction, that protects or enhances water quality or 
     relates to the recovery of species listed pursuant to the 
     Endangered Species Act (Public Law 93-205) near the Bull Run 
     Management Unit.
                                 ______
                                 

               HARRIET TUBMAN SPECIAL RESOURCE STUDY ACT

                                 ______
                                 

                       THOMAS AMENDMENT NO. 4295

  Mr. MACK (for Mr. Thomas) proposed an amendment to the bill (S. 2345) 
to direct the Secretary of the Interior to conduct a special resource 
study concerning the preservation and public use of sites associated 
with Harriet Tubman located Auburn, New York, and for other purposes; 
as follows:

       On page 7, line 24, strike ``Port Hill Cemetery,'' and 
     insert in lieu thereof ``Fort Hill Cemetery,''.
                                 ______
                                 

                FRANCHISE FEE RECALCULATION LEGISLATION

                                 ______
                                 

                      BINGAMAN AMENDMENT NO. 4296

  Mr. MACK (for Mr. Bingaman) proposed an amendment to the bill (S. 
2331) to direct the Secretary of the Interior to recalculate the 
franchise fee owed by Fort Sumter Tours, Inc., a concessioner providing 
service to Fort Sumter National Monument, South Carolina; as follows:

       Strike all and insert the following:

     ``SECTION 1. ARBITRATION REQUIREMENT.

       ``The Secretary of the Interior (in this Act referred to as 
     the Secretary) shall, upon the request of Fort Sumter Tours, 
     Inc. (in this Act referred to as the `Concessioner'), agree 
     to binding arbitration to determine the franchise fee payable 
     under the contract executed on June 13, 1986 by the 
     Concessioner and the National Park Service, under which the 
     Concessioner provides passenger boat service to Fort Sumter 
     National Monument in Charleston Harbor, South Carolina (in 
     this Act referred to as `the Contract').

     ``SEC. 2. APPOINTMENT OF THE ARBITRATOR.

       ``(a) Mutual Agreement.--Not later than 30 days after the 
     date of enactment of this Act, the Secretary and the 
     Concessioner shall jointly select a single arbitrator to 
     conduct the arbitration under this Act.
       ``(b) Failure To Agree.--If the Secretary and the 
     Concessioner are unable to agree on the selection of a single 
     arbitrator within 30 days after the date of enactment of this 
     Act, within 30 days thereafter the Secretary and the 
     Concessioner shall each select an arbitrator, the two 
     arbitrators selected by the Secretary and the Concessioner 
     shall jointly select a third arbitrator, and the three 
     arbitrators shall jointly conduct the arbitration.
       ``(c) Qualifications.--Any arbitrator selected under either 
     subsection (a) or subsection (b) shall be a neutral who meets 
     the criteria of selection 573 of title 5, United States Code.
       ``(d) Payment of Expenses.--The Secretary and the 
     Concessioner shall share equally the expenses of the 
     arbitration.
       ``(e) Definition.--As used in this Act, the term 
     ``arbitrator'' includes either a single arbitrator selected 
     under subsection (a) or a three-member panel of arbitrators 
     selected under subsection (b).

     ``SEC. 3. SCOPE OF THE ARBITRATION.

       ``(a) Sole Issues To Be Decided.--The arbitrator shall, 
     after affording the parties an opportunity to be heard in 
     accordance with section 579 of title 5, United States Code, 
     determine--
       ``(1) the appropriate amount of the franchise fee under the 
     Contract for the period from June 13, 1991 through December 
     31, 2000 in accordance with the terms of the Contract; and
       ``(2) any interest or penalties on the amount owed under 
     paragraph (1).
       ``(b) De Novo Decision.--The arbitrator shall not be bound 
     by any prior determination of the appropriate amount of the 
     fee by the Secretary or any prior court review thereof.
       ``(c) Basis for Decision.--The arbitrator shall determine 
     the appropriate amount of the fee based upon the law in 
     effect on the effective date of the Contract and the terms of 
     the Contract.

     ``SEC. 4. FINAL DECISION.

       ``The arbitrator shall issue a final decision not later 
     than 300 days after the date of enactment of this Act.

     ``SEC. 5. EFFECT OF DECISION.

       ``(a) Retroactive Effect.--The amount of the fee determined 
     by the arbitrator under section 3(a) shall be retroactive to 
     June 13, 1991.
       ``(b) No Further Review.--Notwithstanding subchapter IV of 
     title 5, United States Code (commonly known as the 
     Administrative Dispute Resolution Act), the

[[Page S9967]]

     decision of the arbitrator shall be final and conclusive upon 
     the Secretary and the Concessioner and shall not be subject 
     to judicial review.

     ``SEC. 6. GENERAL AUTHORITY.

       ``Except to the extent inconsistent with this Act, the 
     arbitration under this Act shall be conducted in accordance 
     with subchapter IV of title 5, United States Code.''.
                                 ______
                                 

      BLACK ROCK DESERT-HIGH ROCK CANYON EMIGRANT TRAILS NATIONAL 
                     CONSERVATION AREA ACT OF 2000

                                 ______
                                 

                        BRYAN AMENDMENT NO. 4297

  Mr. MACK (for Mr. Bryan) proposed an amendment to the bill (S. 2273) 
to establish the Black Rock Desert-High Rock Canyon Emigrant Trails 
National Conservation Area, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Black Rock Desert-High Rock 
     Canon Emigrant Trails National Conservation Area Act of 
     2000''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) The areas of northwestern Nevada known as the Black 
     Rock Desert and High Rock Canyon contain and surround the 
     last nationally significant, untouched segments of the 
     historic California Emigrant Trails, including wagon ruts, 
     historic inscriptions, and a wilderness landscape largely 
     unchanged since the days of the pioneers.
       (2) The relative absence of development in the Black Rock 
     Desert and High Rock Canyon areas from emigrant times to the 
     present day offers a unique opportunity to capture the 
     terrain, sights, and conditions of the overland trails as 
     they were experienced by the emigrants and to make available 
     to both present and future generations of Americans the 
     opportunity of experiencing emigrant conditions in an 
     unaltered setting.
       (3) The Black Rock Desert and High Rock Canyon areas are 
     unique segments of the Northern Great Basin and contain broad 
     representation of the Great Basin's land forms and plant and 
     animal species, including golden eagles and other birds of 
     prey, sage grouse, mule deer, pronghorn antelope, bighorn 
     sheep, free roaming horses and burros, threatened fish and 
     sensitive plants.
       (4) The Black Rock-High Rock region contains a number of 
     cultural and natural resources that have been declared 
     eligible for National Historic Landmark and Natural Landmark 
     status, including a portion of the 1843-44 John Charles 
     Fremont exploration route, the site of the death of Peter 
     Lassen, early military facilities, and examples of early 
     homesteading and mining.
       (5) The archaeological, paleontological, and geographical 
     resources of the Black Rock-High Rock region include numerous 
     prehistoric and historic Native American sites, wooly mammoth 
     sites, some of the largest natural potholes of North America, 
     and a remnant dry Pelistocene lakebed (playa) where the 
     curvature of the Earth may be observed.
       (6) The two large wilderness mosaics that frame the 
     conservation area offer exceptional opportunities for 
     solitude and serve to protect the integrity of the viewshed 
     of the historic emigrant trails.
       (7) Public lands in the conservation area have been used 
     for domestic livestock grazing for over a century, with 
     resultant benefits to community stability and contributions 
     to the local and State economies. It has not been 
     demonstrated that continuation of this use would be 
     incompatible with appropriate protection and sound management 
     of the resource values of these lands; therefore, it is 
     expected that such grazing will continue in accordance with 
     the management plan for the conservation area and other 
     applicable laws and regulations.
       (8) The Black Rock Desert playa is a unique natural 
     resource that serves as the primary destination for the 
     majority of visitors to the conservation area, including 
     visitors associated with large-scale permitted events. It is 
     expected that such permitted events will continue to be 
     administered in accordance with the management plan for the 
     conservation area and other applicable laws and regulations.

     SEC. 3. DEFINITIONS.

       As used in this Act:
       (1) The term ``Secretary'' means the Secretary of the 
     Interior.
       (2) The term ``public lands'' has the meaning stated in 
     section 103(e) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1702(e)).
       (3) The term ``conservation area'' means the Black Rock 
     Desert-High Rock Canyon Emigrant Trails National Conservation 
     Area established pursuant to section 4 of this Act.

     SEC. 4. ESTABLISHMENT OF THE CONSERVATION AREA.

       (a) Establishment and Purposes.--In order to conserve, 
     protect, and enhance for the benefit and enjoyment of present 
     and future generations the unique and nationally important 
     historical, cultural, paleontological, scenic, scientific, 
     biological, educational, wildlife, riparian, wilderness, 
     endangered species, and recreational values and resources 
     associated with the Applegate-Lassen and Nobles Trails 
     corridors and surrounding areas, there is hereby established 
     the Black Rock Desert-High Rock Canyon Emigrant Trails 
     National Conservation Area in the State of Nevada.
       (b) Areas Included.--The conservation area shall consist of 
     approximately 797,100 acres of public lands as generally 
     depicted on the map entitled ``Black Rock Desert Emigrant 
     Trail National Conservation Area'' and dated July 19, 2000.
       (c) Maps and Legal Description.--As soon as practicable 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a map and legal description of the 
     conservation area. The map and legal description shall have 
     the same force and effect as if included in this Act, except 
     the Secretary may correct clerical and typographical errors 
     in such map and legal description. Copies of the map and 
     legal description shall be on file and available for public 
     inspection in the appropriate offices of the Bureau of Land 
     Management.

     SEC. 5. MANAGEMENT.

       (a) Management.--The Secretary, acting through the Bureau 
     of Land Management, shall manage the conservation area in a 
     manner that conserves, protects and enhances its resources 
     and values, including those resources and values specified in 
     subsection 4(a), in accordance with this Act, the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
     seq.), and other applicable provisions of law.
       (b) Access.--
       (1) In general.--The Secretary shall maintain adequate 
     access for the reasonable use and enjoyment of the 
     conservation area.
       (2) Private land.--The Secretary shall provide reasonable 
     access to privately owned land or interests in land within 
     the boundaries of the conservation area.
       (3) Existing public roads.--The Secretary is authorized to 
     maintain existing public access within the boundaries of the 
     conservation areas in a manner consistent with the purposes 
     for which the conservation area was established.
       (c) Uses.--
       (1) In general.--The Secretary shall only allow such uses 
     of the conservation area as the Secretary finds will further 
     the purposes for which the conservation area is established.
       (2) Off-highway vehicle use.--Except where needed for 
     administrative purposes or to respond to an emergency, use of 
     motorized vehicles in the conservation area shall be 
     permitted only on roads and trails and in other areas 
     designated for use of motorized vehicles as part of the 
     management plan prepared pursuant to subsection (e).
       (3) Permitted events.--The Secretary may continue to permit 
     large-scale events in defined, low impact areas of the Black 
     Rock Desert plays in the conservation area in accordance with 
     the management plan prepared pursuant to subsection (e).
       (d) Hunting, Trapping, and Fishing.--Nothing in this Act 
     shall be deemed to diminish the jurisdiction of the State of 
     Nevada with respect to fish and wildlife management, 
     including regulation of hunting and fishing, on public lands 
     within the conservation area.
       (e) Management Plan.--Within three years following the date 
     of enactment of this Act, the Secretary shall develop a 
     comprehensive resource management plan for the long-term 
     protection and management of the conservation area. The plan 
     shall be developed with full public participation and shall 
     developed with full public participation and shall describe 
     the appropriate uses and management of the conservation area 
     consistent with the provisions of this Act. The plan may 
     incorporate appropriate decisions contained in any current 
     management or activity plan for the area and may use 
     information developed in previous studies of the lands within 
     or adjacent to the conservation area.
       (f) Grazing.--Where the Secretary of the Interior currently 
     permits livestock grazing in the conservation area, such 
     grazing shall be allowed to continue subject to all 
     applicable laws, regulations, and executive orders.
       (g) Visitor Service Facilities.--The Secretary is 
     authorized to establish, in cooperation with other public or 
     private entities as the Secretary may deem appropriate, 
     visitor service facilities for the purpose of providing 
     information about the historical, cultural, ecological, 
     recreational, and other resources of the conservation area.

     SEC. 6. WITHDRAWAL.

       (a) In general.--Subject to valid existing rights, all 
     Federal lands within the conservation area and all lands and 
     interests therein which are hereafter acquired by the United 
     States are hereby withdrawn from all forms of entry, 
     appropriation, or disposal under the public land laws, from 
     location, entry, and patent under the mining laws, from 
     operation of the mineral leasing and geothermal leasing laws 
     and from the minerals materials laws and all amendments 
     thereto.

     SEC. 7. NO BUFFER ZONES.

       The Congress does not intend for the establishment of the 
     conservation area to lead to the creation of protective 
     perimeters or buffer zones around the conservation area. The 
     fact that there may be activities or uses on lands outside 
     the conservation area that would not be permitted in the 
     conservation area shall not preclude such activities or uses 
     on such lands up to the boundary of the conservation area 
     consistent with other applicable laws.

     SEC. 8. WILDERNESS.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act of 1964 (16

[[Page S9968]]

     U.S.C. 1131 et seq.), the following lands in the State of 
     Nevada are designated as wilderness, and, therefore, as 
     components of the National Wilderness Preservation System:
       (1) Certain lands in the Black Rock Desert Wilderness Study 
     Area comprised of approximately 315,700 acres, as generally 
     depicted on a map entitled ``Black Rock Desert Wilderness--
     Proposed'' and dated July 19, 2000, and which shall be known 
     as the Black Rock Desert Wilderness.
       (2) Certain lands in the Pahute Peak Wilderness Study Area 
     comprised of approximately 57,400 acres, as generally 
     depicted on a map entitled ``Pahute Peak Wilderness--
     Proposed'' and dated July 19, 2000, and which shall be known 
     as the Pahute Peak Wilderness.
       (3) Certain lands in the North Black Rock Range Wilderness 
     Study Area comprised of approximately 30,800 acres, as 
     generally depicted on a map entitled ``North Black Rock Range 
     Wilderness--Proposed'' and dated July 19, 2000, and which 
     shall be known as the North Black Rock Range Wilderness.
       (4) Certain lands in the East Fork High Rock Canyon 
     Wilderness Study Area comprised of approximately 52,800 
     acres, as generally depicted on a map entitled ``East Fork 
     High Rock Canyon Wilderness--Proposed'' and dated July 19, 
     2000, and which shall be known as the East Fork High Rock 
     Canyon Wilderness.
       (5) Certain lands in the High Rock Lake Wilderness Study 
     Area comprised of approximately 59,300 acres, as generally 
     depicted on a map entitled ``High Rock Lake Wilderness--
     Proposed'' and dated July 19, 2000, and which shall be known 
     as the High Rock Lake Wilderness.
       (6) Certain lands in the Little High Rock Canyon Wilderness 
     Study Area comprised of approximately 48,700 acres, as 
     generally depicted on a map entitled ``Little High Rock 
     Canyon Wilderness--Proposed'' and dated July 19, 2000, and 
     which shall be known as the Little High Rock Canyon 
     Wilderness.
       (7) Certain lands in the High Rock Canyon Wilderness Study 
     Area and Yellow Rock Canyon Wilderness Study Area comprised 
     of approximately 46,600 acres, as generally depicted on a map 
     entitled ``High Rock Canyon Wilderness--Proposed'' and dated 
     July 19, 2000, and which shall be known as the High Rock 
     Canyon Wilderness.
       (8) Certain land in the Calico Mountains Wilderness Study 
     Area comprised of approximately 65,400 acres, as generally 
     depicted on a map entitled ``Calico Mountains Wilderness--
     Proposed'' and dated July 19, 2000, and which shall be known 
     as the Calico Mountains Wilderness.
       (9) Certain lands in the South Jackson Mountains Wilderness 
     Study Area comprised of approximately 56,800 acres, as 
     generally depicted on a map entitled ``South Jackson 
     Mountains Wilderness--Proposed'' and dated July 19, 2000, and 
     which shall be known as the South Jackson Mountains 
     Wilderness.
       (10) Certain lands in the North Jackson Mountains 
     Wilderness Study Area comprised of approximately 24,000 
     acres, as generally depicted on a map entitled ``North 
     Jackson Mountains Wilderness--Proposed'' and dated July 19, 
     2000, and which shall be known as the North Jackson Mountains 
     Wilderness.
       (b) Administration of Wilderness Areas.--Subject to valid 
     existing rights, each wilderness area designated by this Act 
     shall be administered by the Secretary in accordance with the 
     provisions of the Wilderness Act, except that any reference 
     in such provisions to the effective date of the Wilderness 
     Act shall be deemed to be a reference to the date of 
     enactment of this Act and any reference to the Secretary of 
     Agriculture shall be deemed to be a reference to the 
     Secretary of the Interior.
       (c) Maps and Legal Description.--As soon as practicable 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a map and legal description of the 
     wilderness areas designated under this Act. The map and legal 
     description shall have the same force and effect as if 
     included in this Act, except the Secretary may correct 
     clerical and typographical errors in such map and legal 
     description. Copies of the map and legal description shall be 
     on file and available for public inspection in the 
     appropriate offices of the Bureau of Land Management.
       (d) Grazing.--Within the wilderness areas designated under 
     subsection (a), the grazing of livestock, where established 
     prior to the date of enactment of this Act, shall be 
     permitted to continue subject to such reasonable regulations, 
     policies, and practices as the Secretary deems necessary, as 
     long as such regulations, policies, and practices fully 
     conform with and implement the intent of Congress regarding 
     grazing in such areas as such intent is expressed in the 
     Wilderness Act and section 101(f) of Public Law 101-628.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There is hereby authorized to be appropriated such sums as 
     may be necessary to carry out the provisions of this Act.
                                 ______
                                 

         CAT ISLAND NATIONAL WILDLIFE REFUGE ESTABLISHMENT ACT

                                 ______
                                 

               SMITH OF NEW HAMPSHIRE AMENDMENT NO. 4298

  Mr. MACK (for Mr. Smith of New Hampshire) proposed an amendment to 
the bill (H.R. 3292) to provide for the establishment of the Cat Island 
National Wildlife Refuge in West Feliciana Parish, Louisiana; as 
follows:

       At the end, add the following:

     SEC. 8. DESIGNATION OF HERBERT H. BATEMAN EDUCATION AND 
                   ADMINISTRATIVE CENTER.

       (a) In General.--A building proposed to be located within 
     the boundaries of the Chincoteague National Wildlife Refuge, 
     on Assateague Island, Virginia, shall be known and designated 
     as the ``Herbert H. Bateman Education and Administrative 
     Center''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     building referred to in subsection (a) shall be deemed to be 
     a reference to the Herbert H. Bateman Education and 
     Administrative Center.

     SEC. 9. TECHNICAL CORRECTIONS.

       (a) Effective on the day after the date of enactment of the 
     Act entitled, ``An Act to reauthorize the Junior Duck Stamp 
     Conservation and Design Program Act of 1994'' (106th 
     Congress), section 6 of the Junior Duck Stamp Conservation 
     and Design Program Act of 1994 (16 U.S.C. 668dd note; Public 
     Law 103-340), relating to an environmental education center 
     and refuge, is redesignated as section 7.
       (b) Effective on the day after the date of enactment of the 
     Cahaba River National Wildlife Refuge Establishment Act 
     (106th Congress), section 6 of that Act is amended--
       (1) in paragraph (2), by striking ``the Endangered Species 
     Act of 1973 (16 U.S.C. 1331 et seq.)'' and inserting ``the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)''; 
     and
       (2) in paragraph (3), by striking ``section 4(a)(3) and (4) 
     of the National Wildlife Refuge System Administration Act of 
     1966 (16 U.S.C. 668ee(a)(3), (4))'' and inserting 
     ``paragraphs (3) and (4) of section 4(a) of the National 
     Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
     668dd(a))''.
       (c) Effective on the day after the date of enactment of the 
     Red River National Wildlife Refuge Act (106th Congress), 
     section 4(b)(2)(D) of that Act is amended by striking 
     ``section 4(a)(3) and (4) of the National Wildlife Refuge 
     System Administration Act of 1966 (16 U.S.C. 668ee(a)(3), 
     (4))'' and inserting ``paragraphs (3) and (4) of section 4(a) 
     of the National Wildlife Refuge System Administration Act of 
     1966 (16 U.S.C. 668dd(a))''.
                                 ______
                                 

                    DISASTER MITIGATION ACT OF 2000

                                 ______
                                 

               SMITH OF NEW HAMPSHIRE AMENDMENT NO. 4299

  Mr. MACK (for Mr. Smith) proposed an amendment to the bill (H.R. 707) 
to amend the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act to authorize a program for predisaster mitigation, to 
streamline the administration of disaster relief, to control the 
Federal costs of disaster assistance, and for other purposes; as 
follows:

       In lieu of the matter proposed to be inserted by the House 
     amendment, insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Disaster 
     Mitigation Act of 2000''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                 TITLE I--PREDISASTER HAZARD MITIGATION

Sec. 101. Findings and purpose.
Sec. 102. Predisaster hazard mitigation.
Sec. 103. Interagency task force.
Sec. 104. Mitigation planning; minimum standards for public and private 
              structures.

               TITLE II--STREAMLINING AND COST REDUCTION

Sec. 201. Technical amendments.
Sec. 202. Management costs.
Sec. 203. Public notice, comment, and consultation requirements.
Sec. 204. State administration of hazard mitigation grant program.
Sec. 205. Assistance to repair, restore, reconstruct, or replace 
              damaged facilities.
Sec. 206. Federal assistance to individuals and households.
Sec. 207. Community disaster loans.
Sec. 208. Report on State management of small disasters initiative.
Sec. 209. Study regarding cost reduction.

                        TITLE III--MISCELLANEOUS

Sec. 301. Technical correction of short title.
Sec. 302. Definitions.
Sec. 303. Fire management assistance.
Sec. 304. Disaster grant closeout procedures.
Sec. 305. Public safety officer benefits for certain Federal and State 
              employees.
Sec. 306. Buy American.
Sec. 307. Treatment of certain real property.
Sec. 308. Study of participation by Indian tribes in emergency 
              management.

                 TITLE I--PREDISASTER HAZARD MITIGATION

     SEC. 101. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) natural disasters, including earthquakes, tsunamis, 
     tornadoes, hurricanes, flooding, and wildfires, pose great 
     danger to human life and to property throughout the United 
     States;

[[Page S9969]]

       (2) greater emphasis needs to be placed on--
       (A) identifying and assessing the risks to States and local 
     governments (including Indian tribes) from natural disasters;
       (B) implementing adequate measures to reduce losses from 
     natural disasters; and
       (C) ensuring that the critical services and facilities of 
     communities will continue to function after a natural 
     disaster;
       (3) expenditures for postdisaster assistance are increasing 
     without commensurate reductions in the likelihood of future 
     losses from natural disasters;
       (4) in the expenditure of Federal funds under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), high priority should be given to 
     mitigation of hazards at the local level; and
       (5) with a unified effort of economic incentives, awareness 
     and education, technical assistance, and demonstrated Federal 
     support, States and local governments (including Indian 
     tribes) will be able to--
       (A) form effective community-based partnerships for hazard 
     mitigation purposes;
       (B) implement effective hazard mitigation measures that 
     reduce the potential damage from natural disasters;
       (C) ensure continued functionality of critical services;
       (D) leverage additional non-Federal resources in meeting 
     natural disaster resistance goals; and
       (E) make commitments to long-term hazard mitigation efforts 
     to be applied to new and existing structures.
       (b) Purpose.--The purpose of this title is to establish a 
     national disaster hazard mitigation program--
       (1) to reduce the loss of life and property, human 
     suffering, economic disruption, and disaster assistance costs 
     resulting from natural disasters; and
       (2) to provide a source of predisaster hazard mitigation 
     funding that will assist States and local governments 
     (including Indian tribes) in implementing effective hazard 
     mitigation measures that are designed to ensure the continued 
     functionality of critical services and facilities after a 
     natural disaster.

     SEC. 102. PREDISASTER HAZARD MITIGATION.

       (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 by adding at the end the following:

     ``SEC. 203. PREDISASTER HAZARD MITIGATION.

       ``(a) Definition of Small Impoverished Community.--In this 
     section, the term `small impoverished community' means a 
     community of 3,000 or fewer individuals that is economically 
     disadvantaged, as determined by the State in which the 
     community is located and based on criteria established by the 
     President.
       ``(b) Establishment of Program.--The President may 
     establish a program to provide technical and financial 
     assistance to States and local governments to assist in the 
     implementation of predisaster hazard mitigation measures that 
     are cost-effective and are designed to reduce injuries, loss 
     of life, and damage and destruction of property, including 
     damage to critical services and facilities under the 
     jurisdiction of the States or local governments.
       ``(c) Approval by President.--If the President determines 
     that a State or local government has identified natural 
     disaster hazards in areas under its jurisdiction and has 
     demonstrated the ability to form effective public-private 
     natural disaster hazard mitigation partnerships, the 
     President, using amounts in the National Predisaster 
     Mitigation Fund established under subsection (i) (referred to 
     in this section as the `Fund'), may provide technical and 
     financial assistance to the State or local government to be 
     used in accordance with subsection (e).
       ``(d) State Recommendations.--
       ``(1) In general.--
       ``(A) Recommendations.--The Governor of each State may 
     recommend to the President not fewer than 5 local governments 
     to receive assistance under this section.
       ``(B) Deadline for submission.--The recommendations under 
     subparagraph (A) shall be submitted to the President not 
     later than October 1, 2001, and each October 1st thereafter 
     or such later date in the year as the President may 
     establish.
       ``(C) Criteria.--In making recommendations under 
     subparagraph (A), a Governor shall consider the criteria 
     specified in subsection (g).
       ``(2) Use.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     in providing assistance to local governments under this 
     section, the President shall select from local governments 
     recommended by the Governors under this subsection.
       ``(B) Extraordinary circumstances.--In providing assistance 
     to local governments under this section, the President may 
     select a local government that has not been recommended by a 
     Governor under this subsection if the President determines 
     that extraordinary circumstances justify the selection and 
     that making the selection will further the purpose of this 
     section.
       ``(3) Effect of failure to nominate.--If a Governor of a 
     State fails to submit recommendations under this subsection 
     in a timely manner, the President may select, subject to the 
     criteria specified in subsection (g), any local governments 
     of the State to receive assistance under this section.
       ``(e) Uses of Technical and Financial Assistance.--
       ``(1) In general.--Technical and financial assistance 
     provided under this section--
       ``(A) shall be used by States and local governments 
     principally to implement predisaster hazard mitigation 
     measures that are cost-effective and are described in 
     proposals approved by the President under this section; and
       ``(B) may be used--
       ``(i) to support effective public-private natural disaster 
     hazard mitigation partnerships;
       ``(ii) to improve the assessment of a community's 
     vulnerability to natural hazards; or
       ``(iii) to establish hazard mitigation priorities, and an 
     appropriate hazard mitigation plan, for a community.
       ``(2) Dissemination.--A State or local government may use 
     not more than 10 percent of the financial assistance received 
     by the State or local government under this section for a 
     fiscal year to fund activities to disseminate information 
     regarding cost-effective mitigation technologies.
       ``(f) Allocation of Funds.--The amount of financial 
     assistance made available to a State (including amounts made 
     available to local governments of the State) under this 
     section for a fiscal year--
       ``(1) shall be not less than the lesser of--
       ``(A) $500,000; or
       ``(B) the amount that is equal to 1.0 percent of the total 
     funds appropriated to carry out this section for the fiscal 
     year;
       ``(2) shall not exceed 15 percent of the total funds 
     described in paragraph (1)(B); and
       ``(3) shall be subject to the criteria specified in 
     subsection (g).
       ``(g) Criteria for Assistance Awards.--In determining 
     whether to provide technical and financial assistance to a 
     State or local government under this section, the President 
     shall take into account--
       ``(1) the extent and nature of the hazards to be mitigated;
       ``(2) the degree of commitment of the State or local 
     government to reduce damages from future natural disasters;
       ``(3) the degree of commitment by the State or local 
     government to support ongoing non-Federal support for the 
     hazard mitigation measures to be carried out using the 
     technical and financial assistance;
       ``(4) the extent to which the hazard mitigation measures to 
     be carried out using the technical and financial assistance 
     contribute to the mitigation goals and priorities established 
     by the State;
       ``(5) the extent to which the technical and financial 
     assistance is consistent with other assistance provided under 
     this Act;
       ``(6) the extent to which prioritized, cost-effective 
     mitigation activities that produce meaningful and definable 
     outcomes are clearly identified;
       ``(7) if the State or local government has submitted a 
     mitigation plan under section 322, the extent to which the 
     activities identified under paragraph (6) are consistent with 
     the mitigation plan;
       ``(8) the opportunity to fund activities that maximize net 
     benefits to society;
       ``(9) the extent to which assistance will fund mitigation 
     activities in small impoverished communities; and
       ``(10) such other criteria as the President establishes in 
     consultation with State and local governments.
       ``(h) Federal Share.--
       ``(1) In general.--Financial assistance provided under this 
     section may contribute up to 75 percent of the total cost of 
     mitigation activities approved by the President.
       ``(2) Small impoverished communities.--Notwithstanding 
     paragraph (1), the President may contribute up to 90 percent 
     of the total cost of a mitigation activity carried out in a 
     small impoverished community.
       ``(i) National Predisaster Mitigation Fund.--
       ``(1) Establishment.--The President may establish in the 
     Treasury of the United States a fund to be known as the 
     `National Predisaster Mitigation Fund', to be used in 
     carrying out this section.
       ``(2) Transfers to fund.--There shall be deposited in the 
     Fund--
       ``(A) amounts appropriated to carry out this section, which 
     shall remain available until expended; and
       ``(B) sums available from gifts, bequests, or donations of 
     services or property received by the President for the 
     purpose of predisaster hazard mitigation.
       ``(3) Expenditures from fund.--Upon request by the 
     President, the Secretary of the Treasury shall transfer from 
     the Fund to the President such amounts as the President 
     determines are necessary to provide technical and financial 
     assistance under this section.
       ``(4) Investment of amounts.--
       ``(A) In general.--The Secretary of the Treasury shall 
     invest such portion of the Fund as is not, in the judgment of 
     the Secretary of the Treasury, required to meet current 
     withdrawals. Investments may be made only in interest-bearing 
     obligations of the United States.
       ``(B) Acquisition of obligations.--For the purpose of 
     investments under subparagraph (A), obligations may be 
     acquired--
       ``(i) on original issue at the issue price; or
       ``(ii) by purchase of outstanding obligations at the market 
     price.
       ``(C) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       ``(D) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to and form a part of the Fund.
       ``(E) Transfers of amounts.--

[[Page S9970]]

       ``(i) In general.--The amounts required to be transferred 
     to the Fund under this subsection shall be transferred at 
     least monthly from the general fund of the Treasury to the 
     Fund on the basis of estimates made by the Secretary of the 
     Treasury.
       ``(ii) Adjustments.--Proper adjustment shall be made in 
     amounts subsequently transferred to the extent prior 
     estimates were in excess of or less than the amounts required 
     to be transferred.
       ``(j) Limitation on Total Amount of Financial Assistance.--
     The President shall not provide financial assistance under 
     this section in an amount greater than the amount available 
     in the Fund.
       ``(k) Multihazard Advisory Maps.--
       ``(1) Definition of multihazard advisory map.--In this 
     subsection, the term `multihazard advisory map' means a map 
     on which hazard data concerning each type of natural disaster 
     is identified simultaneously for the purpose of showing areas 
     of hazard overlap.
       ``(2) Development of maps.--In consultation with States, 
     local governments, and appropriate Federal agencies, the 
     President shall develop multihazard advisory maps for areas, 
     in not fewer than 5 States, that are subject to commonly 
     recurring natural hazards (including flooding, hurricanes and 
     severe winds, and seismic events).
       ``(3) Use of technology.--In developing multihazard 
     advisory maps under this subsection, the President shall use, 
     to the maximum extent practicable, the most cost-effective 
     and efficient technology available.
       ``(4) Use of maps.--
       ``(A) Advisory nature.--The multihazard advisory maps shall 
     be considered to be advisory and shall not require the 
     development of any new policy by, or impose any new policy 
     on, any government or private entity.
       ``(B) Availability of maps.--The multihazard advisory maps 
     shall be made available to the appropriate State and local 
     governments for the purposes of--
       ``(i) informing the general public about the risks of 
     natural hazards in the areas described in paragraph (2);
       ``(ii) supporting the activities described in subsection 
     (e); and
       ``(iii) other public uses.
       ``(l) Report on Federal and State Administration.--Not 
     later than 18 months after the date of enactment of this 
     section, the President, in consultation with State and local 
     governments, shall submit to Congress a report evaluating 
     efforts to implement this section and recommending a process 
     for transferring greater authority and responsibility for 
     administering the assistance program established under this 
     section to capable States.
       ``(m) Termination of Authority.--The authority provided by 
     this section terminates December 31, 2003.''.
       (b) Conforming Amendment.--Title II of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5131 et seq.) is amended by striking the title heading 
     and inserting the following:

     ``TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE''.

     SEC. 103. INTERAGENCY TASK FORCE.

       Title II of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5131 et seq.) (as amended 
     by section 102(a)) is amended by adding at the end the 
     following:

     ``SEC. 204. INTERAGENCY TASK FORCE.

       ``(a) In General.--The President shall establish a Federal 
     interagency task force for the purpose of coordinating the 
     implementation of predisaster hazard mitigation programs 
     administered by the Federal Government.
       ``(b) Chairperson.--The Director of the Federal Emergency 
     Management Agency shall serve as the chairperson of the task 
     force.
       ``(c) Membership.--The membership of the task force shall 
     include representatives of--
       ``(1) relevant Federal agencies;
       ``(2) State and local government organizations (including 
     Indian tribes); and
       ``(3) the American Red Cross.''.

     SEC. 104. MITIGATION PLANNING; MINIMUM STANDARDS FOR PUBLIC 
                   AND PRIVATE STRUCTURES.

       (a) In General.--Title III of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 
     et seq.) is amended by adding at the end the following:

     ``SEC. 322. MITIGATION PLANNING.

       ``(a) Requirement of Mitigation Plan.--As a condition of 
     receipt of an increased Federal share for hazard mitigation 
     measures under subsection (e), a State, local, or tribal 
     government shall develop and submit for approval to the 
     President a mitigation plan that outlines processes for 
     identifying the natural hazards, risks, and vulnerabilities 
     of the area under the jurisdiction of the government.
       ``(b) Local and Tribal Plans.--Each mitigation plan 
     developed by a local or tribal government shall--
       ``(1) describe actions to mitigate hazards, risks, and 
     vulnerabilities identified under the plan; and
       ``(2) establish a strategy to implement those actions.
       ``(c) State Plans.--The State process of development of a 
     mitigation plan under this section shall--
       ``(1) identify the natural hazards, risks, and 
     vulnerabilities of areas in the State;
       ``(2) support development of local mitigation plans;
       ``(3) provide for technical assistance to local and tribal 
     governments for mitigation planning; and
       ``(4) identify and prioritize mitigation actions that the 
     State will support, as resources become available.
       ``(d) Funding.--
       ``(1) In general.--Federal contributions under section 404 
     may be used to fund the development and updating of 
     mitigation plans under this section.
       ``(2) Maximum federal contribution.--With respect to any 
     mitigation plan, a State, local, or tribal government may use 
     an amount of Federal contributions under section 404 not to 
     exceed 7 percent of the amount of such contributions 
     available to the government as of a date determined by the 
     government.
       ``(e) Increased Federal Share for Hazard Mitigation 
     Measures.--
       ``(1) In general.--If, at the time of the declaration of a 
     major disaster, a State has in effect an approved mitigation 
     plan under this section, the President may increase to 20 
     percent, with respect to the major disaster, the maximum 
     percentage specified in the last sentence of section 404(a).
       ``(2) Factors for consideration.--In determining whether to 
     increase the maximum percentage under paragraph (1), the 
     President shall consider whether the State has established--
       ``(A) eligibility criteria for property acquisition and 
     other types of mitigation measures;
       ``(B) requirements for cost effectiveness that are related 
     to the eligibility criteria;
       ``(C) a system of priorities that is related to the 
     eligibility criteria; and
       ``(D) a process by which an assessment of the effectiveness 
     of a mitigation action may be carried out after the 
     mitigation action is complete.

     ``SEC. 323. MINIMUM STANDARDS FOR PUBLIC AND PRIVATE 
                   STRUCTURES.

       ``(a) In General.--As a condition of receipt of a disaster 
     loan or grant under this Act--
       ``(1) the recipient shall carry out any repair or 
     construction to be financed with the loan or grant in 
     accordance with applicable standards of safety, decency, and 
     sanitation and in conformity with applicable codes, 
     specifications, and standards; and
       ``(2) the President may require safe land use and 
     construction practices, after adequate consultation with 
     appropriate State and local government officials.
       ``(b) Evidence of Compliance.--A recipient of a disaster 
     loan or grant under this Act shall provide such evidence of 
     compliance with this section as the President may require by 
     regulation.''.
       (b) Losses From Straight Line Winds.--The President shall 
     increase the maximum percentage specified in the last 
     sentence of section 404(a) of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) from 
     15 percent to 20 percent with respect to any major disaster 
     that is in the State of Minnesota and for which assistance is 
     being provided as of the date of enactment of this Act, 
     except that additional assistance provided under this 
     subsection shall not exceed $6,000,000. The mitigation 
     measures assisted under this subsection shall be related to 
     losses in the State of Minnesota from straight line winds.
       (c) Conforming Amendments.--
       (1) Section 404(a) of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is 
     amended--
       (A) in the second sentence, by striking ``section 409'' and 
     inserting ``section 322''; and
       (B) in the third sentence, by striking ``The total'' and 
     inserting ``Subject to section 322, the total''.
       (2) Section 409 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5176) is repealed.

               TITLE II--STREAMLINING AND COST REDUCTION

     SEC. 201. TECHNICAL AMENDMENTS.

       Section 311 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5154) is amended in 
     subsections (a)(1), (b), and (c) by striking ``section 803 of 
     the Public Works and Economic Development Act of 1965'' each 
     place it appears and inserting ``section 209(c)(2) of the 
     Public Works and Economic Development Act of 1965 (42 U.S.C. 
     3149(c)(2))''.

     SEC. 202. MANAGEMENT COSTS.

       (a) In General.--Title III of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 
     et seq.) (as amended by section 104(a)) is amended by adding 
     at the end the following:

     ``SEC. 324. MANAGEMENT COSTS.

       ``(a) Definition of Management Cost.--In this section, the 
     term `management cost' includes any indirect cost, any 
     administrative expense, and any other expense not directly 
     chargeable to a specific project under a major disaster, 
     emergency, or disaster preparedness or mitigation activity or 
     measure.
       ``(b) Establishment of Management Cost Rates.--
     Notwithstanding any other provision of law (including any 
     administrative rule or guidance), the President shall by 
     regulation establish management cost rates, for grantees and 
     subgrantees, that shall be used to determine contributions 
     under this Act for management costs.
       ``(c) Review.--The President shall review the management 
     cost rates established under subsection (b) not later than 3 
     years after the date of establishment of the rates and 
     periodically thereafter.''.
       (b) Applicability.--
       (1) In general.--Subject to paragraph (2), subsections (a) 
     and (b) of section 324 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (as added by subsection

[[Page S9971]]

     (a)) shall apply to major disasters declared under that Act 
     on or after the date of enactment of this Act.
       (2) Interim authority.--Until the date on which the 
     President establishes the management cost rates under section 
     324 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (as added by subsection (a)), section 406(f) 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5172(f)) (as in effect on the day 
     before the date of enactment of this Act) shall be used to 
     establish management cost rates.

     SEC. 203. PUBLIC NOTICE, COMMENT, AND CONSULTATION 
                   REQUIREMENTS.

       Title III of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5141 et seq.) (as amended 
     by section 202(a)) is amended by adding at the end the 
     following:

     ``SEC. 325. PUBLIC NOTICE, COMMENT, AND CONSULTATION 
                   REQUIREMENTS.

       ``(a) Public Notice and Comment Concerning New or Modified 
     Policies.--
       ``(1) In general.--The President shall provide for public 
     notice and opportunity for comment before adopting any new or 
     modified policy that--
       ``(A) governs implementation of the public assistance 
     program administered by the Federal Emergency Management 
     Agency under this Act; and
       ``(B) could result in a significant reduction of assistance 
     under the program.
       ``(2) Application.--Any policy adopted under paragraph (1) 
     shall apply only to a major disaster or emergency declared on 
     or after the date on which the policy is adopted.
       ``(b) Consultation Concerning Interim Policies.--
       ``(1) In general.--Before adopting any interim policy under 
     the public assistance program to address specific conditions 
     that relate to a major disaster or emergency that has been 
     declared under this Act, the President, to the maximum extent 
     practicable, shall solicit the views and recommendations of 
     grantees and subgrantees with respect to the major disaster 
     or emergency concerning the potential interim policy, if the 
     interim policy is likely--
       ``(A) to result in a significant reduction of assistance to 
     applicants for the assistance with respect to the major 
     disaster or emergency; or
       ``(B) to change the terms of a written agreement to which 
     the Federal Government is a party concerning the declaration 
     of the major disaster or emergency.
       ``(2) No legal right of action.--Nothing in this subsection 
     confers a legal right of action on any party.
       ``(c) Public Access.--The President shall promote public 
     access to policies governing the implementation of the public 
     assistance program.''.

     SEC. 204. STATE ADMINISTRATION OF HAZARD MITIGATION GRANT 
                   PROGRAM.

       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:
       ``(c) Program Administration by States.--
       ``(1) In general.--A State desiring to administer the 
     hazard mitigation grant program established by this section 
     with respect to hazard mitigation assistance in the State may 
     submit to the President an application for the delegation of 
     the authority to administer the program.
       ``(2) Criteria.--The President, in consultation and 
     coordination with States and local governments, shall 
     establish criteria for the approval of applications submitted 
     under paragraph (1). The criteria shall include, at a 
     minimum--
       ``(A) the demonstrated ability of the State to manage the 
     grant program under this section;
       ``(B) there being in effect an approved mitigation plan 
     under section 322; and
       ``(C) a demonstrated commitment to mitigation activities.
       ``(3) Approval.--The President shall approve an application 
     submitted under paragraph (1) that meets the criteria 
     established under paragraph (2).
       ``(4) Withdrawal of approval.--If, after approving an 
     application of a State submitted under paragraph (1), the 
     President determines that the State is not administering the 
     hazard mitigation grant program established by this section 
     in a manner satisfactory to the President, the President 
     shall withdraw the approval.
       ``(5) Audits.--The President shall provide for periodic 
     audits of the hazard mitigation grant programs administered 
     by States under this subsection.''.

     SEC. 205. ASSISTANCE TO REPAIR, RESTORE, RECONSTRUCT, OR 
                   REPLACE DAMAGED FACILITIES.

       (a) Contributions.--Section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
     is amended by striking subsection (a) and inserting the 
     following:
       ``(a) Contributions.--
       ``(1) In general.--The President may make contributions--
       ``(A) to a State or local government for the repair, 
     restoration, reconstruction, or replacement of a public 
     facility damaged or destroyed by a major disaster and for 
     associated expenses incurred by the government; and
       ``(B) subject to paragraph (3), to a person that owns or 
     operates a private nonprofit facility damaged or destroyed by 
     a major disaster for the repair, restoration, reconstruction, 
     or replacement of the facility and for associated expenses 
     incurred by the person.
       ``(2) Associated expenses.--For the purposes of this 
     section, associated expenses shall include--
       ``(A) the costs of mobilizing and employing the National 
     Guard for performance of eligible work;
       ``(B) the costs of using prison labor to perform eligible 
     work, including wages actually paid, transportation to a 
     worksite, and extraordinary costs of guards, food, and 
     lodging; and
       ``(C) base and overtime wages for the employees and extra 
     hires of a State, local government, or person described in 
     paragraph (1) that perform eligible work, plus fringe 
     benefits on such wages to the extent that such benefits were 
     being paid before the major disaster.
       ``(3) Conditions for assistance to private nonprofit 
     facilities.--
       ``(A) In general.--The President may make contributions to 
     a private nonprofit facility under paragraph (1)(B) only if--
       ``(i) the facility provides critical services (as defined 
     by the President) in the event of a major disaster; or
       ``(ii) the owner or operator of the facility--

       ``(I) has applied for a disaster loan under section 7(b) of 
     the Small Business Act (15 U.S.C. 636(b)); and
       ``(II)(aa) has been determined to be ineligible for such a 
     loan; or
       ``(bb) has obtained such a loan in the maximum amount for 
     which the Small Business Administration determines the 
     facility is eligible.

       ``(B) Definition of critical services.--In this paragraph, 
     the term `critical services' includes power, water (including 
     water provided by an irrigation organization or facility), 
     sewer, wastewater treatment, communications, and emergency 
     medical care.
       ``(4) Notification to congress.--Before making any 
     contribution under this section in an amount greater than 
     $20,000,000, the President shall notify--
       ``(A) the Committee on Environment and Public Works of the 
     Senate;
       ``(B) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       ``(C) the Committee on Appropriations of the Senate; and
       ``(D) the Committee on Appropriations of the House of 
     Representatives.''.
       (b) Federal Share.--Section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
     is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Federal Share.--
       ``(1) Minimum federal share.--Except as provided in 
     paragraph (2), the Federal share of assistance under this 
     section shall be not less than 75 percent of the eligible 
     cost of repair, restoration, reconstruction, or replacement 
     carried out under this section.
       ``(2) Reduced federal share.--The President shall 
     promulgate regulations to reduce the Federal share of 
     assistance under this section to not less than 25 percent in 
     the case of the repair, restoration, reconstruction, or 
     replacement of any eligible public facility or private 
     nonprofit facility following an event associated with a major 
     disaster--
       ``(A) that has been damaged, on more than 1 occasion within 
     the preceding 10-year period, by the same type of event; and
       ``(B) the owner of which has failed to implement 
     appropriate mitigation measures to address the hazard that 
     caused the damage to the facility.''.
       (c) Large In-Lieu Contributions.--Section 406 of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172) is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Large In-Lieu Contributions.--
       ``(1) For public facilities.--
       ``(A) In general.--In any case in which a State or local 
     government determines that the public welfare would not best 
     be served by repairing, restoring, reconstructing, or 
     replacing any public facility owned or controlled by the 
     State or local government, the State or local government may 
     elect to receive, in lieu of a contribution under subsection 
     (a)(1)(A), a contribution in an amount equal to 75 percent of 
     the Federal share of the Federal estimate of the cost of 
     repairing, restoring, reconstructing, or replacing the 
     facility and of management expenses.
       ``(B) Areas with unstable soil.--In any case in which a 
     State or local government determines that the public welfare 
     would not best be served by repairing, restoring, 
     reconstructing, or replacing any public facility owned or 
     controlled by the State or local government because soil 
     instability in the disaster area makes repair, restoration, 
     reconstruction, or replacement infeasible, the State or local 
     government may elect to receive, in lieu of a contribution 
     under subsection (a)(1)(A), a contribution in an amount equal 
     to 90 percent of the Federal share of the Federal estimate of 
     the cost of repairing, restoring, reconstructing, or 
     replacing the facility and of management expenses.
       ``(C) Use of funds.--Funds contributed to a State or local 
     government under this paragraph may be used--
       ``(i) to repair, restore, or expand other selected public 
     facilities;
       ``(ii) to construct new facilities; or
       ``(iii) to fund hazard mitigation measures that the State 
     or local government determines to be necessary to meet a need 
     for

[[Page S9972]]

     governmental services and functions in the area affected by 
     the major disaster.
       ``(D) Limitations.--Funds made available to a State or 
     local government under this paragraph may not be used for--
       ``(i) any public facility located in a regulatory floodway 
     (as defined in section 59.1 of title 44, Code of Federal 
     Regulations (or a successor regulation)); or
       ``(ii) any uninsured public facility located in a special 
     flood hazard area identified by the Director of the Federal 
     Emergency Management Agency under the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4001 et seq.).
       ``(2) For private nonprofit facilities.--
       ``(A) In general.--In any case in which a person that owns 
     or operates a private nonprofit facility determines that the 
     public welfare would not best be served by repairing, 
     restoring, reconstructing, or replacing the facility, the 
     person may elect to receive, in lieu of a contribution under 
     subsection (a)(1)(B), a contribution in an amount equal to 75 
     percent of the Federal share of the Federal estimate of the 
     cost of repairing, restoring, reconstructing, or replacing 
     the facility and of management expenses.
       ``(B) Use of funds.--Funds contributed to a person under 
     this paragraph may be used--
       ``(i) to repair, restore, or expand other selected private 
     nonprofit facilities owned or operated by the person;
       ``(ii) to construct new private nonprofit facilities to be 
     owned or operated by the person; or
       ``(iii) to fund hazard mitigation measures that the person 
     determines to be necessary to meet a need for the person's 
     services and functions in the area affected by the major 
     disaster.
       ``(C) Limitations.--Funds made available to a person under 
     this paragraph may not be used for--
       ``(i) any private nonprofit facility located in a 
     regulatory floodway (as defined in section 59.1 of title 44, 
     Code of Federal Regulations (or a successor regulation)); or
       ``(ii) any uninsured private nonprofit facility located in 
     a special flood hazard area identified by the Director of the 
     Federal Emergency Management Agency under the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4001 et seq.).''.
       (d) Eligible Cost.--
       (1) In general.--Section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
     is amended by striking subsection (e) and inserting the 
     following:
       ``(e) Eligible Cost.--
       ``(1) Determination.--
       ``(A) In general.--For the purposes of this section, the 
     President shall estimate the eligible cost of repairing, 
     restoring, reconstructing, or replacing a public facility or 
     private nonprofit facility--
       ``(i) on the basis of the design of the facility as the 
     facility existed immediately before the major disaster; and
       ``(ii) in conformity with codes, specifications, and 
     standards (including floodplain management and hazard 
     mitigation criteria required by the President or under the 
     Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.)) 
     applicable at the time at which the disaster occurred.
       ``(B) Cost estimation procedures.--
       ``(i) In general.--Subject to paragraph (2), the President 
     shall use the cost estimation procedures established under 
     paragraph (3) to determine the eligible cost under this 
     subsection.
       ``(ii) Applicability.--The procedures specified in this 
     paragraph and paragraph (2) shall apply only to projects the 
     eligible cost of which is equal to or greater than the amount 
     specified in section 422.
       ``(2) Modification of eligible cost.--
       ``(A) Actual cost greater than ceiling percentage of 
     estimated cost.--In any case in which the actual cost of 
     repairing, restoring, reconstructing, or replacing a facility 
     under this section is greater than the ceiling percentage 
     established under paragraph (3) of the cost estimated under 
     paragraph (1), the President may determine that the eligible 
     cost includes a portion of the actual cost of the repair, 
     restoration, reconstruction, or replacement that exceeds the 
     cost estimated under paragraph (1).
       ``(B) Actual cost less than estimated cost.--
       ``(i) Greater than or equal to floor percentage of 
     estimated cost.--In any case in which the actual cost of 
     repairing, restoring, reconstructing, or replacing a facility 
     under this section is less than 100 percent of the cost 
     estimated under paragraph (1), but is greater than or equal 
     to the floor percentage established under paragraph (3) of 
     the cost estimated under paragraph (1), the State or local 
     government or person receiving funds under this section shall 
     use the excess funds to carry out cost-effective activities 
     that reduce the risk of future damage, hardship, or suffering 
     from a major disaster.
       ``(ii) Less than floor percentage of estimated cost.--In 
     any case in which the actual cost of repairing, restoring, 
     reconstructing, or replacing a facility under this section is 
     less than the floor percentage established under paragraph 
     (3) of the cost estimated under paragraph (1), the State or 
     local government or person receiving assistance under this 
     section shall reimburse the President in the amount of the 
     difference.
       ``(C) No effect on appeals process.--Nothing in this 
     paragraph affects any right of appeal under section 423.
       ``(3) Expert panel.--
       ``(A) Establishment.--Not later than 18 months after the 
     date of enactment of this paragraph, the President, acting 
     through the Director of the Federal Emergency Management 
     Agency, shall establish an expert panel, which shall include 
     representatives from the construction industry and State and 
     local government.
       ``(B) Duties.--The expert panel shall develop 
     recommendations concerning--
       ``(i) procedures for estimating the cost of repairing, 
     restoring, reconstructing, or replacing a facility consistent 
     with industry practices; and
       ``(ii) the ceiling and floor percentages referred to in 
     paragraph (2).
       ``(C) Regulations.--Taking into account the recommendations 
     of the expert panel under subparagraph (B), the President 
     shall promulgate regulations that establish--
       ``(i) cost estimation procedures described in subparagraph 
     (B)(i); and
       ``(ii) the ceiling and floor percentages referred to in 
     paragraph (2).
       ``(D) Review by president.--Not later than 2 years after 
     the date of promulgation of regulations under subparagraph 
     (C) and periodically thereafter, the President shall review 
     the cost estimation procedures and the ceiling and floor 
     percentages established under this paragraph.
       ``(E) Report to congress.--Not later than 1 year after the 
     date of promulgation of regulations under subparagraph (C), 3 
     years after that date, and at the end of each 2-year period 
     thereafter, the expert panel shall submit to Congress a 
     report on the appropriateness of the cost estimation 
     procedures.
       ``(4) Special rule.--In any case in which the facility 
     being repaired, restored, reconstructed, or replaced under 
     this section was under construction on the date of the major 
     disaster, the cost of repairing, restoring, reconstructing, 
     or replacing the facility shall include, for the purposes of 
     this section, only those costs that, under the contract for 
     the construction, are the owner's responsibility and not the 
     contractor's responsibility.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     takes effect on the date of enactment of this Act and applies 
     to funds appropriated after the date of enactment of this 
     Act, except that paragraph (1) of section 406(e) of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (as amended by paragraph (1)) takes effect on the date on 
     which the cost estimation procedures established under 
     paragraph (3) of that section take effect.
       (e) Conforming Amendment.--Section 406 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172) is amended by striking subsection (f).

     SEC. 206. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

       (a) In General.--Section 408 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) 
     is amended to read as follows:

     ``SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

       ``(a) In General.--
       ``(1) Provision of assistance.--In accordance with this 
     section, the President, in consultation with the Governor of 
     a State, may provide financial assistance, and, if necessary, 
     direct services, to individuals and households in the State 
     who, as a direct result of a major disaster, have necessary 
     expenses and serious needs in cases in which the individuals 
     and households are unable to meet such expenses or needs 
     through other means.
       ``(2) Relationship to other assistance.--Under paragraph 
     (1), an individual or household shall not be denied 
     assistance under paragraph (1), (3), or (4) of subsection (c) 
     solely on the basis that the individual or household has not 
     applied for or received any loan or other financial 
     assistance from the Small Business Administration or any 
     other Federal agency.
       ``(b) Housing Assistance.--
       ``(1) Eligibility.--The President may provide financial or 
     other assistance under this section to individuals and 
     households to respond to the disaster-related housing needs 
     of individuals and households who are displaced from their 
     predisaster primary residences or whose predisaster primary 
     residences are rendered uninhabitable as a result of damage 
     caused by a major disaster.
       ``(2) Determination of appropriate types of assistance.--
       ``(A) In general.--The President shall determine 
     appropriate types of housing assistance to be provided under 
     this section to individuals and households described in 
     subsection (a)(1) based on considerations of cost 
     effectiveness, convenience to the individuals and households, 
     and such other factors as the President may consider 
     appropriate.
       ``(B) Multiple types of assistance.--One or more types of 
     housing assistance may be made available under this section, 
     based on the suitability and availability of the types of 
     assistance, to meet the needs of individuals and households 
     in the particular disaster situation.
       ``(c) Types of Housing Assistance.--
       ``(1) Temporary housing.--
       ``(A) Financial assistance.--
       ``(i) In general.--The President may provide financial 
     assistance to individuals or households to rent alternate 
     housing accommodations, existing rental units, manufactured 
     housing, recreational vehicles, or other readily fabricated 
     dwellings.
       ``(ii) Amount.--The amount of assistance under clause (i) 
     shall be based on the fair market rent for the accommodation 
     provided plus the cost of any transportation, utility 
     hookups, or unit installation not provided directly by the 
     President.

[[Page S9973]]

       ``(B) Direct assistance.--
       ``(i) In general.--The President may provide temporary 
     housing units, acquired by purchase or lease, directly to 
     individuals or households who, because of a lack of available 
     housing resources, would be unable to make use of the 
     assistance provided under subparagraph (A).
       ``(ii) Period of assistance.--The President may not provide 
     direct assistance under clause (i) with respect to a major 
     disaster after the end of the 18-month period beginning on 
     the date of the declaration of the major disaster by the 
     President, except that the President may extend that period 
     if the President determines that due to extraordinary 
     circumstances an extension would be in the public interest.
       ``(iii) Collection of rental charges.--After the end of the 
     18-month period referred to in clause (ii), the President may 
     charge fair market rent for each temporary housing unit 
     provided.
       ``(2) Repairs.--
       ``(A) In general.--The President may provide financial 
     assistance for--
       ``(i) the repair of owner-occupied private residences, 
     utilities, and residential infrastructure (such as a private 
     access route) damaged by a major disaster to a safe and 
     sanitary living or functioning condition; and
       ``(ii) eligible hazard mitigation measures that reduce the 
     likelihood of future damage to such residences, utilities, or 
     infrastructure.
       ``(B) Relationship to other assistance.--A recipient of 
     assistance provided under this paragraph shall not be 
     required to show that the assistance can be met through other 
     means, except insurance proceeds.
       ``(C) Maximum amount of assistance.--The amount of 
     assistance provided to a household under this paragraph shall 
     not exceed $5,000, as adjusted annually to reflect changes in 
     the Consumer Price Index for All Urban Consumers published by 
     the Department of Labor.
       ``(3) Replacement.--
       ``(A) In general.--The President may provide financial 
     assistance for the replacement of owner-occupied private 
     residences damaged by a major disaster.
       ``(B) Maximum amount of assistance.--The amount of 
     assistance provided to a household under this paragraph shall 
     not exceed $10,000, as adjusted annually to reflect changes 
     in the Consumer Price Index for All Urban Consumers published 
     by the Department of Labor.
       ``(C) Applicability of flood insurance requirement.--With 
     respect to assistance provided under this paragraph, the 
     President may not waive any provision of Federal law 
     requiring the purchase of flood insurance as a condition of 
     the receipt of Federal disaster assistance.
       ``(4) Permanent housing construction.--The President may 
     provide financial assistance or direct assistance to 
     individuals or households to construct permanent housing in 
     insular areas outside the continental United States and in 
     other remote locations in cases in which--
       ``(A) no alternative housing resources are available; and
       ``(B) the types of temporary housing assistance described 
     in paragraph (1) are unavailable, infeasible, or not cost-
     effective.
       ``(d) Terms and Conditions Relating to Housing 
     Assistance.--
       ``(1) Sites.--
       ``(A) In general.--Any readily fabricated dwelling provided 
     under this section shall, whenever practicable, be located on 
     a site that--
       ``(i) is complete with utilities; and
       ``(ii) is provided by the State or local government, by the 
     owner of the site, or by the occupant who was displaced by 
     the major disaster.
       ``(B) Sites provided by the president.--A readily 
     fabricated dwelling may be located on a site provided by the 
     President if the President determines that such a site would 
     be more economical or accessible.
       ``(2) Disposal of units.--
       ``(A) Sale to occupants.--
       ``(i) In general.--Notwithstanding any other provision of 
     law, a temporary housing unit purchased under this section by 
     the President for the purpose of housing disaster victims may 
     be sold directly to the individual or household who is 
     occupying the unit if the individual or household lacks 
     permanent housing.
       ``(ii) Sale price.--A sale of a temporary housing unit 
     under clause (i) shall be at a price that is fair and 
     equitable.
       ``(iii) Deposit of proceeds.--Notwithstanding any other 
     provision of law, the proceeds of a sale under clause (i) 
     shall be deposited in the appropriate Disaster Relief Fund 
     account.
       ``(iv) Hazard and flood insurance.--A sale of a temporary 
     housing unit under clause (i) shall be made on the condition 
     that the individual or household purchasing the housing unit 
     agrees to obtain and maintain hazard and flood insurance on 
     the housing unit.
       ``(v) Use of gsa services.--The President may use the 
     services of the General Services Administration to accomplish 
     a sale under clause (i).
       ``(B) Other methods of disposal.--If not disposed of under 
     subparagraph (A), a temporary housing unit purchased under 
     this section by the President for the purpose of housing 
     disaster victims--
       ``(i) may be sold to any person; or
       ``(ii) may be sold, transferred, donated, or otherwise made 
     available directly to a State or other governmental entity or 
     to a voluntary organization for the sole purpose of providing 
     temporary housing to disaster victims in major disasters and 
     emergencies if, as a condition of the sale, transfer, or 
     donation, the State, other governmental agency, or voluntary 
     organization agrees--

       ``(I) to comply with the nondiscrimination provisions of 
     section 308; and
       ``(II) to obtain and maintain hazard and flood insurance on 
     the housing unit.

       ``(e) Financial Assistance To Address Other Needs.--
       ``(1) Medical, dental, and funeral expenses.--The 
     President, in consultation with the Governor of a State, may 
     provide financial assistance under this section to an 
     individual or household in the State who is adversely 
     affected by a major disaster to meet disaster-related 
     medical, dental, and funeral expenses.
       ``(2) Personal property, transportation, and other 
     expenses.--The President, in consultation with the Governor 
     of a State, may provide financial assistance under this 
     section to an individual or household described in paragraph 
     (1) to address personal property, transportation, and other 
     necessary expenses or serious needs resulting from the major 
     disaster.
       ``(f) State Role.--
       ``(1) Financial assistance to address other needs.--
       ``(A) Grant to state.--Subject to subsection (g), a 
     Governor may request a grant from the President to provide 
     financial assistance to individuals and households in the 
     State under subsection (e).
       ``(B) Administrative costs.--A State that receives a grant 
     under subparagraph (A) may expend not more than 5 percent of 
     the amount of the grant for the administrative costs of 
     providing financial assistance to individuals and households 
     in the State under subsection (e).
       ``(2) Access to records.--In providing assistance to 
     individuals and households under this section, the President 
     shall provide for the substantial and ongoing involvement of 
     the States in which the individuals and households are 
     located, including by providing to the States access to the 
     electronic records of individuals and households receiving 
     assistance under this section in order for the States to make 
     available any additional State and local assistance to the 
     individuals and households.
       ``(g) Cost Sharing.--
       ``(1) Federal share.--Except as provided in paragraph (2), 
     the Federal share of the costs eligible to be paid using 
     assistance provided under this section shall be 100 percent.
       ``(2) Financial assistance to address other needs.--In the 
     case of financial assistance provided under subsection (e)--
       ``(A) the Federal share shall be 75 percent; and
       ``(B) the non-Federal share shall be paid from funds made 
     available by the State.
       ``(h) Maximum Amount of Assistance.--
       ``(1) In general.--No individual or household shall receive 
     financial assistance greater than $25,000 under this section 
     with respect to a single major disaster.
       ``(2) Adjustment of limit.--The limit established under 
     paragraph (1) shall be adjusted annually to reflect changes 
     in the Consumer Price Index for All Urban Consumers published 
     by the Department of Labor.
       ``(i) Rules and Regulations.--The President shall prescribe 
     rules and regulations to carry out this section, including 
     criteria, standards, and procedures for determining 
     eligibility for assistance.''.
       (b) Conforming Amendment.--Section 502(a)(6) of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5192(a)(6)) is amended by striking ``temporary 
     housing''.
       (c) Elimination of Individual and Family Grant Programs.--
     Section 411 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5178) is repealed.
       (d) Effective Date.--The amendments made by this section 
     take effect 18 months after the date of enactment of this 
     Act.

     SEC. 207. COMMUNITY DISASTER LOANS.

       Section 417 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5184) is amended--
       (1) by striking ``(a) The President'' and inserting the 
     following:
       ``(a) In General.--The President'';
       (2) by striking ``The amount'' and inserting the following:
       ``(b) Amount.--The amount'';
       (3) by striking ``Repayment'' and inserting the following:
       ``(c) Repayment.--
       ``(1) Cancellation.--Repayment'';
       (4) by striking ``(b) Any loans'' and inserting the 
     following:
       ``(d) Effect on Other Assistance.--Any loans'';
       (5) in subsection (b) (as designated by paragraph (2))--
       (A) by striking ``and shall'' and inserting ``shall''; and
       (B) by inserting before the period at the end the 
     following: ``, and shall not exceed $5,000,000''; and
       (6) in subsection (c) (as designated by paragraph (3)), by 
     adding at the end the following:
       ``(2) Condition on continuing eligibility.--A local 
     government shall not be eligible for further assistance under 
     this section during any period in which the local government 
     is in arrears with respect to a required repayment of a loan 
     under this section.''.

[[Page S9974]]

     SEC. 208. REPORT ON STATE MANAGEMENT OF SMALL DISASTERS 
                   INITIATIVE.

       Not later than 3 years after the date of enactment of this 
     Act, the President shall submit to Congress a report 
     describing the results of the State Management of Small 
     Disasters Initiative, including--
       (1) identification of any administrative or financial 
     benefits of the initiative; and
       (2) recommendations concerning the conditions, if any, 
     under which States should be allowed the option to administer 
     parts of the assistance program under section 406 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5172).

     SEC. 209. STUDY REGARDING COST REDUCTION.

       Not later than 3 years after the date of enactment of this 
     Act, the Director of the Congressional Budget Office shall 
     complete a study estimating the reduction in Federal disaster 
     assistance that has resulted and is likely to result from the 
     enactment of this Act.

                        TITLE III--MISCELLANEOUS

     SEC. 301. TECHNICAL CORRECTION OF SHORT TITLE.

       The first section of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5121 note) is amended 
     to read as follows:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act'.''.

     SEC. 302. DEFINITIONS.

       Section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122) is amended--
       (1) in each of paragraphs (3) and (4), by striking ``the 
     Northern'' and all that follows through ``Pacific Islands'' 
     and inserting ``and the Commonwealth of the Northern Mariana 
     Islands'';
       (2) by striking paragraph (6) and inserting the following:
       ``(6) Local government.--The term `local government' 
     means--
       ``(A) a county, municipality, city, town, township, local 
     public authority, school district, special district, 
     intrastate district, council of governments (regardless of 
     whether the council of governments is incorporated as a 
     nonprofit corporation under State law), regional or 
     interstate government entity, or agency or instrumentality of 
     a local government;
       ``(B) an Indian tribe or authorized tribal organization, or 
     Alaska Native village or organization; and
       ``(C) a rural community, unincorporated town or village, or 
     other public entity, for which an application for assistance 
     is made by a State or political subdivision of a State.''; 
     and
       (3) in paragraph (9), by inserting ``irrigation,'' after 
     ``utility,''.

     SEC. 303. FIRE MANAGEMENT ASSISTANCE.

       (a) In General.--Section 420 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) 
     is amended to read as follows:

     ``SEC. 420. FIRE MANAGEMENT ASSISTANCE.

       ``(a) In General.--The President is authorized to provide 
     assistance, including grants, equipment, supplies, and 
     personnel, to any State or local government for the 
     mitigation, management, and control of any fire on public or 
     private forest land or grassland that threatens such 
     destruction as would constitute a major disaster.
       ``(b) Coordination With State and Tribal Departments of 
     Forestry.--In providing assistance under this section, the 
     President shall coordinate with State and tribal departments 
     of forestry.
       ``(c) Essential Assistance.--In providing assistance under 
     this section, the President may use the authority provided 
     under section 403.
       ``(d) Rules and Regulations.--The President shall prescribe 
     such rules and regulations as are necessary to carry out this 
     section.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     takes effect 1 year after the date of enactment of this Act.

     SEC. 304. DISASTER GRANT CLOSEOUT PROCEDURES.

       Title VII of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5101 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES.

       ``(a) Statute of Limitations.--
       ``(1) In general.--Except as provided in paragraph (2), no 
     administrative action to recover any payment made to a State 
     or local government for disaster or emergency assistance 
     under this Act shall be initiated in any forum after the date 
     that is 3 years after the date of transmission of the final 
     expenditure report for the disaster or emergency.
       ``(2) Fraud exception.--The limitation under paragraph (1) 
     shall apply unless there is evidence of civil or criminal 
     fraud.
       ``(b) Rebuttal of Presumption of Record Maintenance.--
       ``(1) In general.--In any dispute arising under this 
     section after the date that is 3 years after the date of 
     transmission of the final expenditure report for the disaster 
     or emergency, there shall be a presumption that accounting 
     records were maintained that adequately identify the source 
     and application of funds provided for financially assisted 
     activities.
       ``(2) Affirmative evidence.--The presumption described in 
     paragraph (1) may be rebutted only on production of 
     affirmative evidence that the State or local government did 
     not maintain documentation described in that paragraph.
       ``(3) Inability to produce documentation.--The inability of 
     the Federal, State, or local government to produce source 
     documentation supporting expenditure reports later than 3 
     years after the date of transmission of the final expenditure 
     report shall not constitute evidence to rebut the presumption 
     described in paragraph (1).
       ``(4) Right of access.--The period during which the 
     Federal, State, or local government has the right to access 
     source documentation shall not be limited to the required 3-
     year retention period referred to in paragraph (3), but shall 
     last as long as the records are maintained.
       ``(c) Binding Nature of Grant Requirements.--A State or 
     local government shall not be liable for reimbursement or any 
     other penalty for any payment made under this Act if--
       ``(1) the payment was authorized by an approved agreement 
     specifying the costs;
       ``(2) the costs were reasonable; and
       ``(3) the purpose of the grant was accomplished.''.

     SEC. 305. PUBLIC SAFETY OFFICER BENEFITS FOR CERTAIN FEDERAL 
                   AND STATE EMPLOYEES.

       (a) In General.--Section 1204 of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended by 
     striking paragraph (7) and inserting the following:
       ``(7) `public safety officer' means--
       ``(A) an individual serving a public agency in an official 
     capacity, with or without compensation, as a law enforcement 
     officer, as a firefighter, or as a member of a rescue squad 
     or ambulance crew;
       ``(B) an employee of the Federal Emergency Management 
     Agency who is performing official duties of the Agency in an 
     area, if those official duties--
       ``(i) are related to a major disaster or emergency that has 
     been, or is later, declared to exist with respect to the area 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.); and
       ``(ii) are determined by the Director of the Federal 
     Emergency Management Agency to be hazardous duties; or
       ``(C) an employee of a State, local, or tribal emergency 
     management or civil defense agency who is performing official 
     duties in cooperation with the Federal Emergency Management 
     Agency in an area, if those official duties--
       ``(i) are related to a major disaster or emergency that has 
     been, or is later, declared to exist with respect to the area 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.); and
       ``(ii) are determined by the head of the agency to be 
     hazardous duties.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     applies only to employees described in subparagraphs (B) and 
     (C) of section 1204(7) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (as amended by subsection (a)) who are 
     injured or who die in the line of duty on or after the date 
     of enactment of this Act.

     SEC. 306. BUY AMERICAN.

       (a) Compliance With Buy American Act.--No funds authorized 
     to be appropriated under this Act or any amendment made by 
     this Act may be expended by an entity unless the entity, in 
     expending the funds, complies with the Buy American Act (41 
     U.S.C. 10a et seq.).
       (b) Debarment of Persons Convicted of Fraudulent Use of 
     ``Made in America'' Labels.--
       (1) In general.--If the Director of the Federal Emergency 
     Management Agency determines that a person has been convicted 
     of intentionally affixing a label bearing a ``Made in 
     America'' inscription to any product sold in or shipped to 
     the United States that is not made in America, the Director 
     shall determine, not later than 90 days after determining 
     that the person has been so convicted, whether the person 
     should be debarred from contracting under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.).
       (2) Definition of debar.--In this subsection, the term 
     ``debar'' has the meaning given the term in section 2393(c) 
     of title 10, United States Code.

     SEC. 307. TREATMENT OF CERTAIN REAL PROPERTY.

       (a) In General.--Notwithstanding the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Flood 
     Disaster Protection Act of 1973 (42 U.S.C. 4002 et seq.), or 
     any other provision of law, or any flood risk zone 
     identified, delineated, or established under any such law (by 
     flood insurance rate map or otherwise), the real property 
     described in subsection (b) shall not be considered to be, or 
     to have been, located in any area having special flood 
     hazards (including any floodway or floodplain).
       (b) Real Property.--The real property described in this 
     subsection is all land and improvements on the land located 
     in the Maple Terrace Subdivisions in the city of Sycamore, 
     DeKalb County, Illinois, including--
       (1) Maple Terrace Phase I;
       (2) Maple Terrace Phase II;
       (3) Maple Terrace Phase III Unit 1;
       (4) Maple Terrace Phase III Unit 2;
       (5) Maple Terrace Phase III Unit 3;
       (6) Maple Terrace Phase IV Unit 1;
       (7) Maple Terrace Phase IV Unit 2; and
       (8) Maple Terrace Phase IV Unit 3.

[[Page S9975]]

       (c) Revision of Flood Insurance Rate Lot Maps.--As soon as 
     practicable after the date of enactment of this Act, the 
     Director of the Federal Emergency Management Agency shall 
     revise the appropriate flood insurance rate lot maps of the 
     agency to reflect the treatment under subsection (a) of the 
     real property described in subsection (b).

     SEC. 308. STUDY OF PARTICIPATION BY INDIAN TRIBES IN 
                   EMERGENCY MANAGEMENT.

       (a) Definition of Indian Tribe.--In this section, the term 
     ``Indian tribe'' has the meaning given the term in section 4 
     of the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450b).
       (b) Study.--
       (1) In general.--The Director of the Federal Emergency 
     Management Agency shall conduct a study of participation by 
     Indian tribes in emergency management.
       (2) Required elements.--The study shall--
       (A) survey participation by Indian tribes in training, 
     predisaster and postdisaster mitigation, disaster 
     preparedness, and disaster recovery programs at the Federal 
     and State levels; and
       (B) review and assess the capacity of Indian tribes to 
     participate in cost-shared emergency management programs and 
     to participate in the management of the programs.
       (3) Consultation.--In conducting the study, the Director 
     shall consult with Indian tribes.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall submit a report on 
     the study under subsection (b) to--
       (1) the Committee on Environment and Public Works of the 
     Senate;
       (2) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       (3) the Committee on Appropriations of the Senate; and
       (4) the Committee on Appropriations of the House of 
     Representatives.
                                 ______
                                 

           TECHNOLOGY TRANSFER COMMERCIALIZATION ACT OF 1999

                                 ______
                                 

                       EDWARDS AMENDMENT NO. 4300

  Mr. MACK (for Mr. Edwards) proposed an amendment to the bill (H.R. 
209) to improve the ability of Federal agencies to license federally 
owned inventions; as follows:

       At the appropriate place, insert the following:

     SEC.   . TECHNOLOGY PARTNERSHIPS OMBUDSMAN.

       (A) Appointment of Ombudsman.--The Secretary of Energy 
     shall direct the director of each national laboratory of the 
     Department of Energy, and may direct the director of each 
     facility under the jurisdiction of the Department of Energy, 
     to appoint a technology partnership ombudsman to hear and 
     help resolve complaints from outside organizations regarding 
     the policies and actions of each such laboratory or facility 
     with respect to technology partnerships (including 
     cooperative research and development agreements), patents, 
     and technology licensing.
       (b) Qualifications.--An ombudsman appointed under 
     subsection (a) shall be a senior official of the national 
     laboratory or facility who is not involved in day-to-day 
     technology partnerships, patents, or technology licensing, 
     or, if appointed from outside the laboratory or facility, 
     function as such a senior official.
       (c) Duties.--Each ombudsman appointed under subsection (a) 
     shall--
       (1) serve as the focal point for assisting the public and 
     industry in resolving complaints and disputes with the 
     national laboratory or facility regarding technology 
     partnerships, patents, and technology licensing;
       (2) promote the use of collaborative alternative dispute 
     resolution techniques such as mediation to facilitate the 
     speedy and low-cost resolution of complaints and disputes, 
     when appropriate; and
       (3) report quarterly on the number and nature of complaints 
     and disputes raised, along with the ombudsman's assessment of 
     their resolution, consistent with the protection of 
     confidential and sensitive information, to--
       (A) the Secretary;
       (B) the Administrator for Nuclear Security;
       (C) the Director of the Office of Dispute Resolution of the 
     Department of Energy; and
       (D) the employees of the Department responsible for the 
     administration of the contract for the operation of each 
     national laboratory or facility that is a subject of the 
     report, for consideration in the administration and review of 
     that contract.

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