[House Report 118-933]
[From the U.S. Government Publishing Office]


118th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                      {     118-933

======================================================================



 
                   WILDFIRE RESPONSE IMPROVEMENT ACT

                                _______
                                

 December 19, 2024.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Graves of Missouri, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 7070]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 7070) to direct the Administrator 
of the Federal Emergency Management Agency to conduct a review 
of the criteria for evaluating the cost-effectiveness of 
certain mitigation projects, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Legislative History and Consideration............................     3
Committee Votes..................................................     5
Committee Oversight Findings and Recommendations.................     5
New Budget Authority and Tax Expenditures........................     5
Congressional Budget Office Cost Estimate........................     5
Performance Goals and Objectives.................................     7
Duplication of Federal Programs..................................     7
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     7
Federal Mandates Statement.......................................     7
Preemption Clarification.........................................     7
Advisory Committee Statement.....................................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     8
Changes in Existing Law Made by the Bill, as Reported............     8

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Wildfire Response Improvement Act''.

SEC. 2. FIRE MANAGEMENT ASSISTANCE PROGRAM POLICY.

  Not later than 1 year after the date of enactment of this Act, the 
Administrator of the Federal Emergency Management Agency shall 
recommend such regulations or guidance as are necessary to make 
eligible assessments and emergency stabilization to protect public 
safety, including for the fire management assistance program under 
section 420 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5187), irrespective of the incident period 
for a declared fire.

SEC. 3. CHANGES TO PUBLIC ASSISTANCE POLICY GUIDE.

  Not later than 1 year after the date of enactment of this Act, the 
Administrator of the Federal Emergency Management Agency shall amend 
the Public Assistance Program and Policy Guide of the Federal Emergency 
Management Agency to include guidance on wildfire-specific recovery 
challenges, including debris removal, emergency protective measures, 
and the resulting toxicity of drinking water resources.

SEC. 4. MITIGATION COST-EFFECTIVENESS.

  (a) In General.--The Administrator of the Federal Emergency 
Management Agency shall conduct a review of the criteria for evaluating 
the cost-effectiveness of projects intended to mitigate the impacts of 
wildfire under sections 203 and 404 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5133; 5170c), 
including--
          (1) the establishment of pre-calculated benefits criterion 
        for common defensible space mitigation projects for wildfire 
        mitigation;
          (2) the use of nature-based infrastructure in wildfire 
        mitigation;
          (3) considerations for vegetation management for wildfire 
        mitigation;
          (4) reducing the negative effects of wildfire smoke on public 
        health; and
          (5) lessening the impact of wildfires on water 
        infrastructure.
  (b) Updated Criteria.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall issue such guidance as 
is necessary to--
          (1) update criteria for evaluating the cost-effectiveness of 
        mitigation projects under sections 203 and 404 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5133; 5170c) based on the results of the review 
        conducted under subsection (a); and
          (2) prioritize projects under such sections based on the 
        criteria updated under paragraph (1).

SEC. 5. WAIVER OF DUPLICATE BENEFITS.

  Section 1210(a) of the FAA Reauthorization Act of 2018 (Public Law 
115-254) is amended--
          (1) in paragraph (3) by striking ``between January 1, 2016, 
        and December 31, 2021'' and inserting ``during the period 
        beginning on January 1, 2016, and ending on the date on which 
        the provision contained in such amendment is struck pursuant to 
        paragraph (4)'';
          (2) in paragraph (4) by striking ``5'' and inserting ``10'';
          (3) by redesignating paragraph (5) as paragraph (6); and
          (4) by inserting after paragraph (4) the following:
          ``(5) Prohibition on income threshold.--In carrying out the 
        amendment made by paragraph (1), no income threshold may be 
        applied to limit the eligibility of a recipient from qualifying 
        for a waiver under the amendment made by such paragraph.''.

                         Purpose of Legislation

    The purpose of H.R. 7070, as amended, is to direct the 
Administrator of the Federal Emergency Management Agency to 
conduct a review of the criteria for evaluating the cost-
effectiveness of certain mitigation projects, and for other 
purposes.

                  Background and Need for Legislation

    H.R. 7070, the Wildfire Response Improvement Act, as 
amended, requires the Administrator of the Federal Emergency 
Management Agency (FEMA) to take certain actions to improve the 
management of and mitigation against wildfires. The bill 
directs FEMA to issue recommendations on regulations and 
guidance to make post-fire assessments and emergency 
stabilization to protect safety and eligible uses of the Fire 
Management Assistance Grant program. The bill also amends 
FEMA's Public Assistance Program and Policy Guide to include 
guidance on wildfire-specific recovery challenges.
    The legislation also directs FEMA to review and update the 
criteria for evaluating the cost-effectiveness of projects 
intended to mitigate the impacts of wildfire under FEMA's 
mitigation programs, including FEMA's predisaster mitigation 
program known as Building Resilient Infrastructure and 
Communities (BRIC) authorized pursuant to section 203 of the 
Robert T. Stafford Relief and Emergency Assistance Act 
(Stafford Act, P.L. 100-707, as amended) and FEMA's Hazard 
Mitigation Grant Program (HMGP) authorized pursuant to section 
404 of the Stafford Act.\1\
---------------------------------------------------------------------------
    \1\ 42 U.S.C. Sec. Sec. 5133, 5170c.
---------------------------------------------------------------------------

                                Hearings

    For the purposes of rule XIII, clause 3(c)(6)(A) of the 
118th Congress, the following hearing was used to develop or 
consider H.R. 7070:
    On September 19, 2023, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management of the 
Committee on Transportation and Infrastructure held a hearing 
entitled, ``FEMA: The Current State of Disaster Readiness, 
Response, and Recovery.''\2\ The Subcommittee received 
testimony from the Honorable Deanne Criswell, Administrator, 
FEMA.
---------------------------------------------------------------------------
    \2\FEMA: The Current State of Disaster Readiness, Response, and 
Recovery: Hearing Before the H. Comm. On Transp. And Infrastructure, 
118th Cong. (Sept. 19, 2023).
---------------------------------------------------------------------------

                 Legislative History and Consideration

    H.R. 7070, the Wildfire Response Improvement Act, was 
introduced in the United States House of Representatives on 
January 22, 2024, by Mr. Stanton of Arizona, with Mr. LaMalfa 
of California as an original cosponsor, and referred to the 
Committee on Transportation and Infrastructure. Within the 
Committee on Transportation and Infrastructure, H.R. 7070 was 
referred to the Subcommittee on Economic Development, Public 
Buildings, and Emergency Management. The Subcommittee on 
Economic Development, Public Buildings, and Emergency 
Management was discharged from further consideration of H.R. 
7070 on January 31, 2024.
    The Committee considered H.R. 7070 on January 31, 2024, and 
ordered the measure to be reported to the House with a 
favorable recommendation, with amendment, by voice vote.
    The following amendments were offered:
    An amendment to H.R. 7070 offered by Mr. Graves of 
Louisiana (093); At the end of the bill, add the following: 
SEC. 5. WAIVER OF DUPLICATE BENEFITS. Section 1210(a) of the 
FAA Reauthorization Act of 2018 (Public Law 115-254) is 
amended--(1) in paragraph (3) by striking ``between January 1, 
2016, and December 31, 2021'' and inserting ``during the period 
beginning on January 1, 2016, and ending on the date on which 
the provision contained in such amendment is struck pursuant to 
paragraph (4)''; (2) in paragraph (4) by striking ``5'' and 
inserting ``10''; (3) by redesignating paragraph (5) as 
paragraph (6); and (4) by inserting after paragraph (4) the 
following: ``(5) PROHIBITION ON INCOME THRESHOLD.--In carrying 
out the amendment made by paragraph (1), no income threshold 
may be applied to limit the eligibility of a recipient from 
qualifying for a waiver under the amendment made by such 
paragraph.''; was AGREED TO by voice vote.
    An Amendment to H.R. 7070 offered by Mr. Garamendi (166); 
At the end of the bill, add the following: SEC. 5. FIRE 
MANAGEMENT ASSISTANCE COST SHARE. (a) IN GENERAL.--Section 420 
of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. Sec. 5187) is amended--(1) by 
redesignating subsection (e) as sub-section (f); and (2) by 
inserting after subsection (d) the following: ``(e) FEDERAL 
SHARE.--The Federal share of assistance under this section 
shall be not less than 75 percent of the eligible cost of such 
assistance.''. (b) APPLICABILITY.--The amendment made by 
subsection (a) shall only apply to amounts appropriated on or 
after the date of enactment of this Act. (c) RULEMAKING.--Not 
later than years after the date of enactment of this Act, the 
President, acting through the Administrator of the Federal 
Emergency Management Agency, shall conduct and complete a 
rulemaking to provide criteria for the circumstances under 
which the Administrator may recommend the President increase 
the Federal cost share for section 420 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. Sec. 5187). Such criteria shall include a threshold 
metric that assesses the financial impact to a State or local 
government from responding to a fire for which fire management 
assistance is being provided; was WITHDRAWN.
    An Amendment to H.R. 7070 offered by Mr. Garamendi (168); 
At the end of the bill, add the following: SEC. 5. RIGHT OF 
APPEAL OF ASSISTANCE DECISIONS. Section 423(a) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. Sec. 5189a(a)) is amended--(1) by striking ``title'' and 
inserting ``title, including a declaration made by the 
President under section 401,''; (2) by inserting ``a period 
that is not less than'' before ``60 days''; and (3) by adding 
at the end the following: ``The Administrator may extend the 
period to appeal such decision upon the request of a State, 
local, or Indian tribal government.''; was WITHDRAWN.
    An Amendment to H.R. 7070 offered by Mr. Perry (403 
Revision 1); At the end of the bill, add the following: SEC. 5. 
PROHIBITION ON USE OF FUNDS. (a) PREDISASTER HAZARD 
MITIGATION.--Section 203 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. Sec. 5133) is 
amended by adding at the end the following: ``(m) 
PROHIBITION.--The President may not provide assistance under 
this section to a State that has not completed a wildfire 
management program that incorporates, as appropriate, the 
principles of active management to facilitate wildfire 
prevention, suppression, and recovery planning measures.''. (b) 
HAZARD MITIGATION.--Section 404 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
Sec. 5170c) is amended by adding at the end the following: 
``(h) PROHIBITION.--The President may not provide assistance 
under this section to a State that has not completed a wildfire 
management program that incorporates, as appropriate, the 
principles of active management to facilitate wildfire 
prevention, suppression, and recovery planning measures.''. (c) 
FIRE MANAGEMENT ASSISTANCE.--Section 420 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. Sec. 5187) is further amended by adding at the end the 
following: ``(g) PROHIBITION.--The President may not provide 
assistance under this section to a State that has not completed 
a wildfire management program that incorporates, as 
appropriate, the principles of active management to facilitate 
wildfire prevention, suppression, and recovery planning 
measures.''; was WTHDRAWN.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against.
    No recorded votes were requested during the consideration 
of H.R. 7070, as amended.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 7070, as amended, 
from the Director of the Congressional Budget Office:

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 7070 would require the Federal Emergency Management 
Agency (FEMA) to update administrative policies for grants and 
technical assistance that it provides to state, local, and 
tribal governments to control and mitigate the effects of 
wildfires. Specifically, within one year of enactment, H.R. 
7070 would require FEMA to update:
           Regulations and guidance for making 
        assessments of eligibility under the Fire Management 
        Assistance Grant Program;
           Policy guidance under the Public Assistance 
        Program to include wildfire-specific information about 
        debris removal, emergency protective measures, and the 
        toxic effects on drinking water resources; and
           The criteria used to evaluate the cost-
        effectiveness of federally funded projects that 
        mitigate the effects of wildfires.
    In addition, H.R. 7070 would extend through October 5, 
2028, the authority of local governments that administer 
federal funds under the Community Development Block Grant 
Disaster Recovery (CDBG-DR) program to provide cash assistance 
to households to repay disaster loans provided by the Small 
Business Administration. That authority expired in October 
2023.
    Using information from FEMA about the cost of similar 
activities, CBO expects that the agency would require 
additional staff to conduct outreach, gather and analyze data, 
and update guidance. In total, CBO estimates that implementing 
the bill would cost $3 million over the 2024-2029 period. Any 
spending would be subject to the availability of appropriated 
funds.
    In addition, CBO estimates that extending the authority of 
local governments to use existing CDBG-DR funds to provide cash 
assistance for repayment of disaster loans would increase 
direct spending in the short term and reduce it in later years. 
In the absence of that extension, those funds likely would be 
spent on other forms of assistance, such as housing or 
infrastructure construction, that CBO expects would take longer 
to spend than providing cash assistance. CBO estimates that 
enacting the provision would have no effect on net direct 
spending over the 2024-2034 period.
    The CBO staff contact for this estimate is Jon Sperl. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to direct 
the Administrator of FEMA to conduct a review of the criteria 
for evaluating the cost-effectiveness of certain mitigation 
projects.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 7070, as amended, establishes or reauthorizes a program 
of the Federal government known to be duplicative of another 
Federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee finds that H.R. 7070, as amended, 
does not preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section provides that this bill may be cited as the 
``Wildfire Response Improvement Act''.

Section 2. Fire management assistance program policy

    This section directs the Administrator of FEMA not later 
than one year after the date of enactment of this Act to 
recommend regulations or guidance as are necessary to make 
eligible assessments and emergency stabilization to protect 
public safety, including for the fire management assistance 
program under section 420 of the Stafford Act.

Section 3. Changes to Public Assistance Policy Guide

    This section directs the Administrator of FEMA not later 
than one year after the date of enactment of this Act to amend 
FEMA's Public Assistance Program and Policy Guide to include 
guidance on wildfire-specific recovery challenges, including 
debris removal, emergency protective measures, and the 
resulting toxicity of drinking water resources.

Section 4. Mitigation cost-effectiveness

    This section directs the Administrator of FEMA to conduct a 
review of the criteria for evaluating the cost-effectiveness of 
projects intended to mitigate the impacts of wildfire under 
sections 203 and 404 of the Stafford Act, and directs the 
Administrator not later than one year after the date of 
enactment of this Act to issue guidance that updates such 
criteria for evaluating the cost-effectiveness of such 
mitigation projects.

Section 5. Waiver of duplicate benefits

    This section amends section 1210(a) of the FAA 
Reauthorization Act of 2018 (P.L. 115-254) to extend the 
applicability of certain waivers pursuant to section 312 of the 
Stafford Act and prohibits the imposition of an income 
threshold in the qualifications for such waivers.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                    FAA REAUTHORIZATION ACT OF 2018



           *       *       *       *       *       *       *
DIVISION D--DISASTER RECOVERY REFORM

           *       *       *       *       *       *       *


SEC. 1210. DUPLICATION OF BENEFITS.

  (a) In General.--
          (1) Authority.--Section 312(b) of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5155(b)) is amended by adding at the end the 
        following:
          ``(4) Waiver of general prohibition.--
                  ``(A) In general.--The President may waive 
                the general prohibition provided in subsection 
                (a) upon request of a Governor on behalf of the 
                State or on behalf of a person, business 
                concern, or any other entity suffering losses 
                as a result of a major disaster or emergency, 
                if the President finds such waiver is in the 
                public interest and will not result in waste, 
                fraud, or abuse. In making this decision, the 
                President may consider the following:
                          ``(i) The recommendations of the 
                        Administrator of the Federal Emergency 
                        Management Agency made in consultation 
                        with the Federal agency or agencies 
                        administering the duplicative program.
                          ``(ii) If a waiver is granted, the 
                        assistance to be funded is cost 
                        effective.
                          ``(iii) Equity and good conscience.
                          ``(iv) Other matters of public policy 
                        considered appropriate by the 
                        President.
                  ``(B) Grant or denial of waiver.--A request 
                under subparagraph (A) shall be granted or 
                denied not later than 45 days after submission 
                of such request.
                  ``(C) Prohibition on determination that loan 
                is a duplication.--Notwithstanding subsection 
                (c), in carrying out subparagraph (A), the 
                President may not determine that a loan is a 
                duplication of assistance, provided that all 
                Federal assistance is used toward a loss 
                suffered as a result of the major disaster or 
                emergency.''.
          (2) Limitation.--This subsection, including the 
        amendment made by paragraph (1), shall not be construed 
        to apply to section 406 or 408 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5172, 5174).
          (3) Applicability.--The amendment made by paragraph 
        (1) shall apply to any major disaster or emergency 
        declared by the President under section 401 or 501, 
        respectively, of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5170, 5191) 
        [between January 1, 2016, and December 31, 2021] during 
        the period beginning on January 1, 2016, and ending on 
        the date on which the provision contained in such 
        amendment is struck pursuant to paragraph (4).
          (4) Sunset.--On the date that is [5] 10 years after 
        the date of enactment of this Act, section 312(b) of 
        the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5155(b)) is amended by 
        striking paragraph (4), as added by subsection (a)(1) 
        of this section.
          (5) Prohibition on income threshold.--In carrying out 
        the amendment made by paragraph (1), no income 
        threshold may be applied to limit the eligibility of a 
        recipient from qualifying for a waiver under the 
        amendment made by such paragraph.
          [(5)] (6) Report.--
                  (A) In general.--Not later than 1 year after 
                the date of enactment of this Act, the 
                Administrator, in coordination with other 
                relevant Federal agencies, shall submit to the 
                congressional committees of jurisdiction a 
                report conducted by all relevant Federal 
                agencies to improve the comprehensive delivery 
                of disaster assistance to individuals following 
                a major disaster or emergency declaration under 
                the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act.
                  (B) Contents.--The report required under 
                subparagraph (A) shall include both 
                administrative actions taken, or planned to be 
                taken, by the agencies as well as legislative 
                proposals, where appropriate, of the following:
                          (i) Efforts to improve coordination 
                        between the Agency and other relevant 
                        Federal agencies when delivering 
                        disaster assistance to individuals.
                          (ii) Clarify the sequence of delivery 
                        of disaster assistance to individuals 
                        from the Agency, and other relevant 
                        Federal agencies.
                          (iii) Clarify the interpretation and 
                        implementation of section 312 of the 
                        Robert T. Stafford Disaster Relief and 
                        Emergency Assistance Act (42 U.S.C. 
                        5155) when providing disaster 
                        assistance to individuals, including 
                        providing a common interpretation 
                        across the Agency, and other relevant 
                        Federal agencies, of the definitions 
                        and requirements under such section 
                        312.
                          (iv) Increase the effectiveness of 
                        communication to applicants for 
                        assistance programs for individuals 
                        after a disaster declaration, including 
                        the breadth of programs available and 
                        the potential impacts of utilizing one 
                        program versus another.
                  (C) Report update.--Not later than 4 years 
                after the date of enactment of this subsection, 
                the Administrator, in coordination with other 
                relevant Federal agencies, shall submit to the 
                congressional committees of jurisdiction an 
                update to the report required under 
                subparagraph (A).
  (b) Funding of a Federally Authorized Water Resources 
Development Project.--
          (1) Eligible activities.--Notwithstanding section 312 
        of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5155) and its implementing 
        regulations, assistance provided pursuant to section 
        404 of such Act may be used to fund activities 
        authorized for construction within the scope of a 
        federally authorized water resources development 
        project of the Army Corps of Engineers if such 
        activities are also eligible activities under such 
        section.
          (2) Federal funding.--All Federal funding provided 
        under section 404 pursuant to this section shall be 
        applied toward the Federal share of such project.
          (3) Non-federal match.--All non-Federal matching 
        funds required under section 404 pursuant to this 
        section shall be applied toward the non-Federal share 
        of such project.
          (4) Total federal share.--Funding provided under 
        section 404 pursuant to this section may not exceed the 
        total Federal share for such project.
          (5) No effect.--Nothing in this section shall--
                  (A) affect the cost-share requirement of a 
                hazard mitigation measure under section 404;
                  (B) affect the eligibility criteria for a 
                hazard mitigation measure under section 404;
                  (C) affect the cost share requirements of a 
                federally authorized water resources 
                development project; and
                  (D) affect the responsibilities of a non-
                Federal interest with respect to the project, 
                including those related to the provision of 
                lands, easements, rights-of-way, dredge 
                material disposal areas, and necessary 
                relocations.
          (6) Limitation.--If a federally authorized water 
        resources development project of the Army Corps of 
        Engineers is constructed with funding provided under 
        section 404 pursuant to this subsection, no further 
        Federal funding shall be provided for construction of 
        such project.

           *       *       *       *       *       *       *


                                  [all]