,i #aafth ,,congress #ast ,session ,h4 ,r4 #cggi ,,in ,,the ,,house ,,of ,,representatives ,july #af1 #bjai,ms4 ,craig 7for herself1 ,mr4 ,rodney ,davis of ,illinois1 ,ms4 ,mc,collum1 ,mr4 ,crawford1 ,mr4 ,kind1 and ,mr4 ,smith of ,missouri7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to amend the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act to allow the ,administrator of the ,federal ,emergency ,management ,agency to provide capitalization grants to eligible entities to establish revolving funds to provide assistance to reduce disaster risks1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,resilience ,revolving ,loan ,fund ,act of #bjai4 #b4 ,grants to entities for establishment of hazard mitigation revolving loan funds ,title ,,ii of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaca et seq47 is amended by adding at the end the following3 #bje4 ,grants to entities for establishment of hazard mitigation revolving loan funds 7a7 ,general authority 7#a7 ,in general ,the ,administrator may enter into agreements with eligible entities to make capitalization grants to such entities for the establishment of hazard mitigation revolving loan funds 7referred to in this section as entity loan funds7 for providing funding assistance to local governments to carry out eligible projects under this section to reduce disaster risk in order to decrease-- 7,a7 the loss of life and property2 7,b7 the cost of insurance claims2 and 7,c7 ,federal disaster payments4 7#b7 ,agreements ,any agreement entered into under this section shall require the participating entity to-- 7,a7 comply with the requirements of this section2 and 7,b7 use accounting1 audit1 and fiscal procedures conforming to generally accepted accounting standards4 7b7 ,application 7#a7 ,in general ,to be eligible to receive a capitalization grant under this section1 an eligible entity shall submit to the ,administrator an application that includes the following3 7,a7 ,project proposals comprised of local government hazard mitigation projects1 on the condition that the entity provides public notice not less than #f weeks prior to the submission of an application4 7,b7 ,an assessment of recurring major disaster vulnerabilities impacting the entity that demonstrates an escalating risk to life and property4 7,c7 ,a description of how the hazard mitigation plan of the entity has or has not taken the vulnerabilities described in paragraph 7#b7 into account4 7,d7 ,a description about how the projects described in paragraph 7#a7 could conform with the hazard mitigation plans of the entity and local governments4 7,e7 ,a proposal of the systematic and regional approach to achieve resilience in a vulnerable area1 including impacts to river basins1 river corridors1 watersheds1 estuaries1 bays1 coastal regions1 micro-basins1 micro-watersheds1 ecosystems1 and areas at risk of earthquakes1 tsunamis1 droughts1 and wildfires1 including the wildland-urban interface4 7#b7 ,technical assistance ,the ,administrator shall provide technical assistance to eligible entities for applications under this section4 7c7 ,entity loan fund 7#a7 ,establishment of fund ,an entity that receives a capitalization grant under this section shall establish an entity loan fund that complies with the requirements of this subsection4 7#b7 ,fund management ,except as provided in paragraph 7#c71 an entity loan funds shall be administered by the agency responsible for emergency management for such entity and shall include only-- 7,a7 funds provided by a capitalization grant under this section2 7,b7 repayments of loans under this section to the entity loan fund2 and 7,c7 interest earned on amounts in the entity loan fund4 7#c7 ,administration ,a participating entity may combine the financial administration of the entity loan fund of such entity with the financial administration of any other revolving fund established by such entity if the ,administrator determines that-- 7,a7 the capitalization grant1 entity share1 repayments of loans1 and interest earned on amounts in the entity loan fund are accounted for separately from other amounts in the revolving fund2 and 7,b7 the authority to establish assistance priorities and carry out oversight activities remains in the control of the agency responsible for emergency management for the entity4 7#d7 ,entity share of funds ,on or before the date on which a participating entity receives a capitalization grant under this section1 the entity shall deposit into the entity loan fund of such entity1 an amount equal to not less than #aj percent of the amount of the capitalization grant4 7d7 ,apportionment 7#a7 ,in general ,except as otherwise provided by this subsection1 the ,administrator shall apportion funds made available to carry out this section to entities that have entered into an agreement under subsection 7a77#b7 in amounts as determined by the ,administrator4 7#b7 ,reservation of funds ,the ,administrator shall reserve not more than #b4e percent of the amount made available to carry out this section for-- 7,a7 administrative costs incurred in carrying out this section2 7,b7 providing technical assistance to participating entities under subsection 7b77#b72 and 7,c7 capitalization grants to insular areas under paragraph 7#d74 7#c7 ,priority ,in the apportionment of capitalization grants under this subsection1 the ,administrator shall give priority to entity applications under subsection 7b7 that-- 7,a7 propose projects increasing resilience and reducing risk of harm to natural and built infrastructure2 7,b7 involve a partnership between two or more eligible entities to carry out a project or similar projects2 7,c7 take into account regional impacts of hazards on river basins1 river corridors1 micro-watersheds1 macro-watersheds1 estuaries1 bays1 coastal regions1 and areas vulnerable to earthquake1 drought1 tsunamis and wildfire1 including the wildland-urban interface2 or 7,d7 propose projects for the resilience of major economic sectors or critical national infrastructure1 including ports1 global commodity supply chain assets 7located within an entity or within the jurisdiction of local governments1 insular areas1 and tribal governments71 capacity1 power and water production and distribution centers1 and bridges and waterways essential to interstate commerce4 7#d7 ,insular areas 7,a7 ,apportionment ,from any amount remaining of funds reserved under paragraph 7#b71 the ,administrator may enter into agreements to provide capitalization grants to insular areas4 7,b7 ,requirements ,an insular area receiving a capitalization grant under this section shall comply with the requirements of this section as applied to participating entities4 7e7 ,environmental review of revolving loan fund projects ,the ,administrator may delegate to a participating entity all of the responsibilities for environmental review1 decision making1 and action pursuant the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 and other applicable ,federal environmental laws including the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 and the ,national ,historic ,preservation ,act of #aiff 7#af ,u4,s4,c4 #dgj et seq47 that would apply to the ,administrator were the ,administrator to undertake projects under this section as ,federal projects so long as the participating entity carry out such responsibilities in the same manner and subject to the same requirements as if the ,administrator carried out such responsibilities4 7f7 ,use of funds 7#a7 ,types of assistance ,amounts deposited in an entity loan fund1 including loan repayments and interest earned on such amounts1 may be used-- 7,a7 to make loans1 on the condition that-- 7i7 such loans are made at an interest rate of not more than #a4e percent2 7ii7 annual principal and interest payments will commence not later than #a year after completion of any project and all loans will be fully amortized-- 7,i7 not later than #bj years after the date on which the project is completed2 or 7,,ii7 for projects in a low-income geographic area1 not later than #cj years after the date on which the projects is completed and not longer than the expected design life of the project2 7iii7 the local government receiving a loan establishes a dedicated source of revenue for repayment of the loan2 7iv7 the local government receiving a loan has a hazard mitigation plan that has been approved by the ,administrator2 and 7v7 the entity loan fund will be credited with all payments of principal and interest on all loans2 7,b7 for mitigation planning1 not to exceed #aj percent of the capitalization grants made to the participating entity in a fiscal year2 7,c7 for the reasonable costs of administering the fund and conducting activities under this section1 except that such amounts shall not exceed #ajj1jjj per year1 #b percent of the capitalization grants made to the participating entity in a fiscal year1 or #a percent of the value of the entity loan fund1 whichever amount is greatest1 plus the amount of any fees collected by the entity for such purpose regardless of the source2 and 7,d7 to earn interest on the entity loan fund4 7#b7 ,prohibition on determination that loan is a duplication ,in carrying out this section1 ,administrator may not determine that a loan is a duplication of assistance or a duplication of programs4 7#c7 ,projects and activities eligible for assistance ,except as provided in this subsection1 a participating entity may use funds in the entity loan fund to provide financial assistance for projects or activities that mitigate the impacts of hazards1 including-- 7,a7 drought and prolonged episodes of intense heat2 7,b7 severe storms1 including tornados1 wind storms1 cyclones1 and severe winter storms2 7,c7 wildfires2 7,d7 earthquakes2 7,e7 flooding2 7,f7 storm surges2 7,g7 chemical spills that present an imminent threat to life and property2 7,h7 seepage resulting from chemical spills and flooding2 and 7,i7 any catastrophic event that the entity determines appropriate4 7#d7 ,zoning and land use planning changes ,a participating entity may use not more than #aj percent of a capitalization grant under this section for zoning and land use planning changes focused on-- 7,a7 the development and improvement of zoning and land use codes that incentivize and encourage low-impact development1 resilient wildland-urban interface land management and development1 natural infrastructure1 green stormwater management1 conservation areas adjacent to floodplains1 implementation of watershed or greenway master plans1 and reconnection of floodplains2 7,b7 the study and creation of agricultural risk compensation districts where there is a desire to remove or set-back levees protecting highly developed agricultural land to mitigate for flooding1 allowing agricultural producers to receive compensation for assuming greater flood risk that would alleviate flood exposure to populations centers and areas with critical national infrastructure2 7,c7 the study and creation of land use incentives that reward developers for greater reliance on low impact development stormwater best management practices1 exchange density increases for increased open space and improvement of neighborhood catch basins to mitigate urban flooding1 reward developers for including and augmenting natural infrastructure adjacent to and around building projects without reliance on increased sprawl1 and reward developers for addressing wildfire ignition2 and 7,d7 the study and creation of an erosion response plan that accommodates river1 lake1 forest1 plains1 and ocean shoreline retreating or bluff stabilization due to increased flooding and disaster impacts4 7#e7 ,establishing and carrying out building code enforcement ,a participating entity may use capitalization grants under this section for establishing and carrying out the latest published editions of relevant building codes1 specifications1 and standards for the purpose of protecting the health1 safety1 and general welfare of the buildings users against disasters4 7#f7 ,administrative and technical costs ,for each fiscal year1 a participating entity may use the amount described in paragraph 7#a77;,c7 to-- 7,a7 pay the reasonable costs of administering the programs under this section1 including the cost of establishing an entity loan fund2 7,b7 provide technical assistance to recipients of financial assistance from the entity loan fund1 on the condition that such technical assistance does not exceed #e percent of the capitalization grant made to such entity4 7#g7 ,limitation for single projects ,a participating entity may not provide an amount equal to or more than #e1jjj1jjj to a single hazard mitigation project4 7g7 ,intended use plans 7#a7 ,in general ,after providing for public comment and review1 and consultation with appropriate agencies in an entity1 ,federal agencies1 and interest groups1 each participating entity shall annually prepare and submit to the ,administrator a plan identifying the intended uses of the entity loan fund4 7#b7 ,contents of plan ,an entity intended use plan prepared under paragraph 7#a7 shall include-- 7,a7 the integration of entity planning efforts1 including entity hazard mitigation plans and other programs and initiatives relating to mitigation of major disasters carried out by such entity2 7,b7 an explanation of the mitigation and resiliency benefits the entity intends to achieve by-- 7i7 reducing future damage and loss associated with hazards2 7ii7 reducing the number of severe repetitive loss structures and repetitive loss structures in the entity2 7iii7 decreasing the number of insurance claims in the entity from injuries resulting from major disasters or other hazards2 and 7iv7 increasing the rating under the community rating system under section #acae7;b7 of the ,housing and ,urban ,development ,act of #aifh 7#db ,u4,s4,c4 #djbb7;b77 for communities in the entity2 7,c7 information on the availability of1 and application process for1 financial assistance from the entity loan fund of such entity2 7,d7 the criteria and methods established for the distribution of funds2 7,e7 the amount of financial assistance that the entity anticipates apportioning2 7,f7 the expected terms of the assistance provided from the entity loan fund2 and 7,g7 a description of the financial status of the entity loan fund1 including short-term and long-term goals for the fund4 7h7 ,audits1 reports1 publications1 and oversight 7#a7 ,biennial entity audit and report ,beginning not later than the last day of the second fiscal year after the receipt of payments under this section1 and biennially thereafter1 any participating entity shall-- 7,a7 conduct an audit of such fund established under subsection 7b72 and 7,b7 provide to the ,administrator a report including-- 7i7 the result of any such audit2 and 7ii7 a review of the effectiveness of the entity loan fund of the entity with respect to meeting the goals and intended benefits described in the intended use plan submitted by the entity under subsection 7f74 7#b7 ,publication ,a participating entity shall publish and periodically update information about all projects receiving funding from the entity loan fund of such entity1 including-- 7,a7 the location of the project2 7,b7 the type and amount of assistance provided from the entity loan fund2 7,c7 the expected funding schedule2 and 7,d7 the anticipated date of completion of the project4 7#c7 ,oversight 7,a7 ,in general ,the ,administrator shall1 at least every #d years1 conduct reviews and audits as may be determined necessary or appropriate by the ,administrator to carry out the objectives of this section and determine the effectiveness of the fund in reducing hazard risk4 7,b7 ,,gao requirements ,the entity shall conduct audits under paragraph 7#a7 in accordance with the auditing procedures of the ,government ,accountability ,office1 including chapter #ge of title #ca4 7,c7 ,recommendations by ,administrator ,the ,administrator may at any time make recommendations for or require specific changes to an entity's loan fund in order to improve the effectiveness of the fund4 7i7 ,regulations or guidance ,the ,administrator shall issue such regulations or guidance as are necessary to-- 7#a7 ensure that each participating entity uses funds as efficiently as possible2 and 7#b7 reduce waste1 fraud1 and abuse to the maximum extent possible4 7j7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,eligible entity ,the term eligible entity means any ,state of the ,united ,states and an ,indian tribal government as defined in section #ajb of this ,act 7#db ,u4,s4,c4 #eabb74 7#b7 ,hazard mitigation plan ,the term hazard mitigation plan means a mitigation plan submitted under section #cbb and approved by the ,administrator4 7#c7 ,insular area ,the term insular area means ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and the ,united ,states ,virgin ,islands4 7#d7 ,low-income geographic area ,the term low-income geographic area means an area described in paragraph 7#a7 or 7#b7 of section #cja7;a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cafa7;a774 7#e7 ,participating entity ,the term participating entity means an eligible entity that has entered into an agreement under this section4 7#f7 ,repetitive loss structure ,the term repetitive loss structure has the meaning given the term in section #acgj of the ,national ,flood ,insurance ,act 7#db ,u4,s4,c4 #daba74 7#g7 ,severe repetitive loss structure ,the term severe repetitive loss structure has the meaning given the term in section #acff7;h7 of the ,national ,flood ,insurance ,act 7#db ,u4,s4,c4 #dajd;c7h774 7#h7 ,wildland-urban interface ,the term wildland-urban interface has the meaning given the term in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa74 7k7 ,authorization of appropriations ,there is authorized to be appropriated #ajj1jjj1jjj for each of fiscal years #bjbj and #bjba4 4