§ 5172. Repair, restoration, and replacement of damaged facilities
(a)
Contributions
(1)
In general
The President may make contributions—
(2)
Associated expenses
For the purposes of this section, associated expenses shall include—
(3)
Conditions for assistance to private nonprofit facilities
(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—
(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) of this section, 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.
(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) of this section, 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—
(d)
Flood insurance
(1)
Reduction of Federal assistance
If a public facility or private nonprofit facility located in a special flood hazard area identified for more than 1 year by the Administrator pursuant to the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is damaged or destroyed, after the 180th day following November 23, 1988, by flooding in a major disaster and such facility is not covered on the date of such flooding by flood insurance, the Federal assistance which would otherwise be available under this section with respect to repair, restoration, reconstruction, and replacement of such facility and associated expenses shall be reduced in accordance with paragraph (2).
(2)
Amount of reduction
The amount of a reduction in Federal assistance under this section with respect to a facility shall be the lesser of—
(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—
(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
5189 of this title.
(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
5189a of this title.
(3)
Expert panel
(A)
Establishment
Not later than 18 months after October 30, 2000, the President, acting through the Administrator 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—
(C)
Regulations
Taking into account the recommendations of the expert panel under subparagraph (B), the President shall promulgate regulations that establish—
(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.