Sec. 104. MITIGATION PLANNING; MINIMUM STANDARDS FOR PUBLIC AND PRIVATE STRUCTURES
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## 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 > > **[**[42 U.S.C. 5165](/us/usc/t42/s5165)**]** > > > ### “(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 > > **[**[42 U.S.C. 5165a](/us/usc/t42/s5165a)**]** > > 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 the 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
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Sec. 104
MITIGATION PLANNING; MINIMUM STANDARDS FOR PUBLIC AND PRIVATE STRUCTURES
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