114 STAT. 1564 PUBLIC LAW 106-390—OCT. 30, 2000 "(i) to repair, restore, or expand other selected public facilities; "(ii) to construct new facilities; or "(iii) to fund hazard mitigation measures that 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. "(D) LIMITATIONS.— Funds made available to a State or local government under this paragraph may not be used for— "(i) any public facility located in a regulatory floodway (as defined in section 59.1 of title 44, Code of Federal Regulations (or a successor regulation)); or "(ii) any uninsured public facility located in a special flood hazard area identified by the Director of the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.). "(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), 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— "(i) to repair, restore, or expand other selected private nonprofit facilities owned or operated by the person; "(ii) to construct new private nonprofit facilities to be owned or operated by the person; or "(iii) to fund hazard mitigation measures that the person determines to be necessary to meet a need for the person'services and functions in the area affected by the major disaster. "(C) LIMITATIONS. — Funds made available to a person under this paragraph may not be used for— "(i) any private nonprofit facility located in a regulatory floodway (as defined in section 59.1 of title 44, Code of Federal Regulations (or a successor regulation)); or "(ii) any uninsured private nonprofit facility located in a special flood hazard area identified by the Director of the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.). ". (d) ELIGIBLE COST. — (1) IN GENERAL.— Section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by striking subsection (e) and inserting the following: "(e) ELIGIBLE COST.—
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