HR2342-119

1. Short title This Act may be cited as the State-Managed Disaster Relief Act.

2. Alternative procedures for covered small disasters The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended by adding at the end the following: The Governor of a State or the governing body of an Indian tribal government for the area in which a covered small disaster occurs may request a lump sum payment of the estimated damages calculated under subsection (b) for such disaster in lieu of any assistance under the Public Assistance Program for such disaster. Notwithstanding the requirements of section 206.47(b) of title 44, Code of Federal Regulations, a payment under subsection (a) shall be equal to the amount that is 80 percent of the total estimated cost of assistance under the Public Assistance Program for a covered small disaster in the area of jurisdiction of the State or Indian tribal government requesting such payment. A State or Indian tribal government receiving a payment under this section may not receive assistance under the Public Assistance Program with respect to the covered small disaster for which a payment was accepted under this section. A payment under this section may not be increased or decreased based on actual costs calculated for a covered small disaster. Notwithstanding subparagraph (A), the Administrator may adjust a payment under this section in the event of unforeseen circumstances at no fault of the applicant. A State or Indian tribal government may designate to the Federal Emergency Management Agency on an annual basis the interest of such State or Indian tribal government in participating in the small disaster authority. A State or Indian tribal government shall indicate at the time of the submission of a request for a major disaster declaration that such State or Indian tribal government is requesting assistance for such incident under this section. The Administrator and the State or Indian tribal government shall— reach an agreement on the amount under subsection (b) not later than 90 days after the incident; or administer the incident under the procedures and authorities for the Public Assistance Program. To be eligible for assistance under this section, a State or Indian tribal government shall have an approved administrative plan in place at the time of the obligation of funds provided under this section. A State or Indian tribal government receiving a payment under this section may use such payment for recovery for the covered small disaster in any manner determined appropriate by the respective Governor or governing body of such State or Indian tribal government if such funds— address impacts and needs resulting from the declared disaster incident; are provided to State, Indian tribal government, territorial and local government agencies, and private non-profit entities eligible for Public Assistance Program funding; and are used in a manner that complies with applicable environmental, historic preservation, and civil rights laws (including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the National Historic Preservation Act of 1966 (54 U.S.C. 300101 et seq.)) and any applicable resiliency standards under section 203. A State or Indian tribal government shall be responsible for ensuring compliance under subsection (d)(3). Nothing in this section shall be construed to affect the eligibility of a State or Indian tribal government for assistance under section 404. A State or governing body of an Indian tribal government shall submit to the Federal Emergency Management Agency an annual report of expenses for a covered small disaster in the area of jurisdiction of the respective State or Indian tribal government. Nothing in this section shall be construed to affect any program in title IV or V that is not a Public Assistance Program. In this section: The term covered small disaster means a major disaster declared under section 401 or an emergency declared under section 501 with estimated damage eligible under the Public Assistance Program of less than or equal to 125 percent of the State’s per capita indicator. The term Public Assistance Program means the programs under sections 403, 406, 407, and 502. VIIIAlternative Procedures for Covered Small Disasters801.Alternative procedures for covered small disasters(a)In generalThe Governor of a State or the governing body of an Indian tribal government for the area in which a covered small disaster occurs may request a lump sum payment of the estimated damages calculated under subsection (b) for such disaster in lieu of any assistance under the Public Assistance Program for such disaster.(b)CalculationNotwithstanding the requirements of section 206.47(b) of title 44, Code of Federal Regulations, a payment under subsection (a) shall be equal to the amount that is 80 percent of the total estimated cost of assistance under the Public Assistance Program for a covered small disaster in the area of jurisdiction of the State or Indian tribal government requesting such payment. (c)Limitations(1)In generalA State or Indian tribal government receiving a payment under this section may not receive assistance under the Public Assistance Program with respect to the covered small disaster for which a payment was accepted under this section. (2)Final payment(A)In generalA payment under this section may not be increased or decreased based on actual costs calculated for a covered small disaster.(B)ExceptionNotwithstanding subparagraph (A), the Administrator may adjust a payment under this section in the event of unforeseen circumstances at no fault of the applicant. (3)Selection of optionA State or Indian tribal government may designate to the Federal Emergency Management Agency on an annual basis the interest of such State or Indian tribal government in participating in the small disaster authority.(4)IndicationA State or Indian tribal government shall indicate at the time of the submission of a request for a major disaster declaration that such State or Indian tribal government is requesting assistance for such incident under this section.(5)Timing requirementThe Administrator and the State or Indian tribal government shall—(A)reach an agreement on the amount under subsection (b) not later than 90 days after the incident; or (B)administer the incident under the procedures and authorities for the Public Assistance Program.(6)Administrative planTo be eligible for assistance under this section, a State or Indian tribal government shall have an approved administrative plan in place at the time of the obligation of funds provided under this section. (d)Use of fundsA State or Indian tribal government receiving a payment under this section may use such payment for recovery for the covered small disaster in any manner determined appropriate by the respective Governor or governing body of such State or Indian tribal government if such funds—(1)address impacts and needs resulting from the declared disaster incident; (2)are provided to State, Indian tribal government, territorial and local government agencies, and private non-profit entities eligible for Public Assistance Program funding; and(3)are used in a manner that complies with applicable environmental, historic preservation, and civil rights laws (including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the National Historic Preservation Act of 1966 (54 U.S.C. 300101 et seq.)) and any applicable resiliency standards under section 203. (e)Compliance with other laws and regulationsA State or Indian tribal government shall be responsible for ensuring compliance under subsection (d)(3).(f)Rule of constructionNothing in this section shall be construed to affect the eligibility of a State or Indian tribal government for assistance under section 404. (g)Report to FEMAA State or governing body of an Indian tribal government shall submit to the Federal Emergency Management Agency an annual report of expenses for a covered small disaster in the area of jurisdiction of the respective State or Indian tribal government. (h)Savings clauseNothing in this section shall be construed to affect any program in title IV or V that is not a Public Assistance Program. (i)DefinitionsIn this section: (1)Covered small disasterThe term covered small disaster means a major disaster declared under section 401 or an emergency declared under section 501 with estimated damage eligible under the Public Assistance Program of less than or equal to 125 percent of the State’s per capita indicator. (2)Public Assistance ProgramThe term Public Assistance Program means the programs under sections 403, 406, 407, and 502. .

801. Alternative procedures for covered small disasters The Governor of a State or the governing body of an Indian tribal government for the area in which a covered small disaster occurs may request a lump sum payment of the estimated damages calculated under subsection (b) for such disaster in lieu of any assistance under the Public Assistance Program for such disaster. Notwithstanding the requirements of section 206.47(b) of title 44, Code of Federal Regulations, a payment under subsection (a) shall be equal to the amount that is 80 percent of the total estimated cost of assistance under the Public Assistance Program for a covered small disaster in the area of jurisdiction of the State or Indian tribal government requesting such payment. A State or Indian tribal government receiving a payment under this section may not receive assistance under the Public Assistance Program with respect to the covered small disaster for which a payment was accepted under this section. A payment under this section may not be increased or decreased based on actual costs calculated for a covered small disaster. Notwithstanding subparagraph (A), the Administrator may adjust a payment under this section in the event of unforeseen circumstances at no fault of the applicant. A State or Indian tribal government may designate to the Federal Emergency Management Agency on an annual basis the interest of such State or Indian tribal government in participating in the small disaster authority. A State or Indian tribal government shall indicate at the time of the submission of a request for a major disaster declaration that such State or Indian tribal government is requesting assistance for such incident under this section. The Administrator and the State or Indian tribal government shall— reach an agreement on the amount under subsection (b) not later than 90 days after the incident; or administer the incident under the procedures and authorities for the Public Assistance Program. To be eligible for assistance under this section, a State or Indian tribal government shall have an approved administrative plan in place at the time of the obligation of funds provided under this section. A State or Indian tribal government receiving a payment under this section may use such payment for recovery for the covered small disaster in any manner determined appropriate by the respective Governor or governing body of such State or Indian tribal government if such funds— address impacts and needs resulting from the declared disaster incident; are provided to State, Indian tribal government, territorial and local government agencies, and private non-profit entities eligible for Public Assistance Program funding; and are used in a manner that complies with applicable environmental, historic preservation, and civil rights laws (including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the National Historic Preservation Act of 1966 (54 U.S.C. 300101 et seq.)) and any applicable resiliency standards under section 203. A State or Indian tribal government shall be responsible for ensuring compliance under subsection (d)(3). Nothing in this section shall be construed to affect the eligibility of a State or Indian tribal government for assistance under section 404. A State or governing body of an Indian tribal government shall submit to the Federal Emergency Management Agency an annual report of expenses for a covered small disaster in the area of jurisdiction of the respective State or Indian tribal government. Nothing in this section shall be construed to affect any program in title IV or V that is not a Public Assistance Program. In this section: The term covered small disaster means a major disaster declared under section 401 or an emergency declared under section 501 with estimated damage eligible under the Public Assistance Program of less than or equal to 125 percent of the State’s per capita indicator. The term Public Assistance Program means the programs under sections 403, 406, 407, and 502.