
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-390 Section 205(a)-(d)(1)]
[Document affected by Public Law 106-390 Section 205(e)]
[Document affected by Public Law 106-390 Section 205(d)(2)]
[CITE: 42USC5172]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 68--DISASTER RELIEF
 
            SUBCHAPTER IV--MAJOR DISASTER ASSISTANCE PROGRAMS
 
Sec. 5172. Repair, restoration, and replacement of damaged 
        facilities
        

(a) Contributions

    The President may make contributions--
        (1) to a State or local government for the repair, restoration, 
    reconstruction, or replacement of a public facility which is damaged 
    or destroyed by a major disaster and for associated expenses 
    incurred by such government; and
        (2) to a person who owns or operates a private nonprofit 
    facility damaged or destroyed by a major disaster for the repair, 
    restoration, reconstruction, or replacement of such facility and for 
    associated expenses incurred by such person.

(b) Minimum Federal share

    The Federal share of assistance under this section shall be not less 
than--
        (1) 75 percent of the net eligible cost of repair, restoration, 
    reconstruction, or replacement carried out under this section;
        (2) 100 percent of associated expenses described in subsections 
    (f)(1) and (f)(2) of this section; and
        (3) 75 percent of associated expenses described in subsections 
    (f)(3), (f)(4), and (f)(5) of this section.

(c) Large in lieu contributions

                      (1) For public facilities

        In any case where a State or local government determines that 
    the public welfare would not be best served by repairing, restoring, 
    reconstructing, or replacing any public facility owned or controlled 
    by such State or local government, it may elect to receive, in lieu 
    of a contribution under subsection (a)(1) of this section, a 
    contribution of not to exceed 90 percent of the Federal share of the 
    Federal estimate of the cost of repairing, restoring, 
    reconstructing, or replacing such facility and of associated 
    expenses. Funds contributed under this subsection may be used to 
    repair, restore, or expand other selected public facilities, to 
    construct new facilities, or to fund hazard mitigation measures 
    which the State or local government determines to be necessary to 
    meet a need for governmental services and functions in the area 
    affected by the major disaster.

                (2) For private nonprofit facilities

        In any case where a person who owns or operates a private 
    nonprofit facility determines that the public welfare would not be 
    best served by repairing, restoring, reconstructing, or replacing 
    such facility, such person may elect to receive, in lieu of a 
    contribution under subsection (a)(2) of this section, a contribution 
    of not to exceed 90 percent of the Federal share of the Federal 
    estimate of the cost of repairing, restoring, reconstructing, or 
    replacing such facility and of associated expenses. Funds 
    contributed under this subsection may be used to repair, restore, or 
    expand other selected private nonprofit facilities owned or operated 
    by such person, to construct new private nonprofit facilities to be 
    owned or operated by such person, or to fund hazard mitigation 
    measures which such person determines to be necessary to meet a need 
    for its services and functions in the area affected by the major 
    disaster.

       (3) Restriction on use for State or local contribution

        Funds provided under this subsection shall not be used for any 
    State or local government cost-sharing contribution required under 
    this chapter.

(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 
    Director 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--
            (A) the value of such facility on the date of the flood 
        damage or destruction, or
            (B) the maximum amount of insurance proceeds which would 
        have been payable with respect to such facility if such facility 
        had been covered by flood insurance under the National Flood 
        Insurance Act of 1968 on such date.

                            (3) Exception

        Paragraphs (1) and (2) shall not apply to a private nonprofit 
    facility which is not covered by flood insurance solely because of 
    the local government's failure to participate in the flood insurance 
    program established by the National Flood Insurance Act.

                  (4) Dissemination of information

        The President shall disseminate information regarding the 
    reduction in Federal assistance provided for by this subsection to 
    State and local governments and the owners and operators of private 
    nonprofit facilities who may be affected by such a reduction.

(e) Net eligible cost

                          (1) General rule

        For purposes of this section, the cost of repairing, restoring, 
    reconstructing, or replacing a public facility or private nonprofit 
    facility on the basis of the design of such facility as it existed 
    immediately prior to the major disaster and in conformity with 
    current applicable codes, specifications, and standards (including 
    floodplain management and hazard mitigation criteria required by the 
    President or by the Coastal Barrier Resources Act (16 U.S.C. 3501 et 
    seq.)) shall, at a minimum, be treated as the net eligible cost of 
    such repair, restoration, reconstruction, or replacement.

                          (2) 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 such facility shall include, for 
    purposes of this section, only those costs which, under the contract 
    for such construction, are the owner's responsibility and not the 
    contractor's responsibility.

(f) Associated expenses

    For purposes of this section, associated expenses include the 
following:

                         (1) Necessary costs

        Necessary costs of requesting, obtaining, and administering 
    Federal assistance based on a percentage of assistance provided as 
    follows:
            (A) For an applicant whose net eligible costs equal less 
        than $100,000, 3 percent of such net eligible costs.
            (B) For an applicant whose net eligible costs equal $100,000 
        or more but less than $1,000,000, $3,000 plus 2 percent of such 
        net eligible costs in excess of $100,000.
            (C) For an applicant whose net eligible costs equal 
        $1,000,000 or more but less than $5,000,000, $21,000 plus 1 
        percent of such net eligible costs in excess of $1,000,000.
            (D) For an applicant whose net eligible costs equal 
        $5,000,000 or more, $61,000 plus \1/2\ percent of such net 
        eligible costs in excess of $5,000,000.

                       (2) Extraordinary costs

        Extraordinary costs incurred by a State for preparation of 
    damage survey reports, final inspection reports, project 
    applications, final audits, and related field inspections by State 
    employees, including overtime pay and per diem and travel expenses 
    of such employees, but not including pay for regular time of such 
    employees, based on the total amount of assistance provided under 
    sections 5170b, 5170c, 5172, 5173, 5192, and 5193 of this title in 
    such State in connection with the major disaster as follows:
            (A) If such total amount is less than $100,000, 3 percent of 
        such total amount.
            (B) If such total amount is $100,000 or more but less than 
        $1,000,000, $3,000 plus 2 percent of such total amount in excess 
        of $100,000.
            (C) If such total amount is $1,000,000 or more but less than 
        $5,000,000, $21,000 plus 1 percent of such total amount in 
        excess of $1,000,000.
            (D) If such total amount is $5,000,000 or more, $61,000 plus 
        \1/2\ percent of such total amount in excess of $5,000,000.

                     (3) Costs of National Guard

        The costs of mobilizing and employing the National Guard for 
    performance of eligible work.

                      (4) Costs of prison labor

        The costs of using prison labor to perform eligible work, 
    including wages actually paid, transportation to a worksite, and 
    extraordinary costs of guards, food, and lodging.

                        (5) Other labor costs

        Base and overtime wages for an applicant's employees and extra 
    hires performing eligible work plus fringe benefits on such wages to 
    the extent that such benefits were being paid before the disaster.

(Pub. L. 93-288, title IV, Sec. 406, as added Pub. L. 100-707, title I, 
Sec. 106(b), Nov. 23, 1988, 102 Stat. 4699.)

                       References in Text

    The National Flood Insurance Act of 1968, referred to in subsec. 
(d)(1), (2), is title XIII of Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 
572, as amended, which is classified principally to chapter 50 
(Sec. 4001 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 4001 of this 
title and Tables.
    The National Flood Insurance Act, referred to in subsec. (d)(3), 
probably means the National Flood Insurance Act of 1968. See above.
    The Coastal Barrier Resources Act, referred to in subsec. (e)(1), is 
Pub. L. 97-348, Oct. 18, 1982, 96 Stat. 1653, as amended, which is 
classified principally to chapter 55 (Sec. 3501 et seq.) of Title 16, 
Conservation. For complete classification of this Act to the Code, see 
Short Title note set out under section 3501 of Title 16 and Tables.


                            Prior Provisions

    A prior section 5172, Pub. L. 93-288, title IV, Sec. 402, May 22, 
1974, 88 Stat. 153, related to repair and restoration of damaged 
facilities, prior to repeal by Pub. L. 100-707, Sec. 106(b).
    A prior section 406 of Pub. L. 93-288 was renumbered section 409 by 
Pub. L. 100-707 and is classified to section 5176 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 5154, 5159, 5189, 5204a, 
5204c of this title; title 16 section 1536.
