102 STAT. 4700
PUBLIC LAW 100-707—NOV. 23, 1988 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 Act. "(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 the date of the enactment of the Disaster Relief and Emergency Assistance Amendments of 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
President of U.S.
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) N E T 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 C!oastal Barrier Resources Act (16 U.S.C. 3501 et seq.)) shall, a t a minimum, be treated as the net eligible cost of such repair, restoration, reconstruction, or replacement. "(2) SPECLAL 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.
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