Page:United States Statutes at Large Volume 102 Part 5.djvu/693

 PUBLIC LAW 100-707—NOV. 23, 1988

102 STAT. 4699

gate amounts of grants to be made under section 406 with respect to such major disaster.". (b) REPAIR AND RESTORATION OF DAMAGED FACILITIES.—Title IV is

further amended by striking out section 402, relating to repair and restoration of damaged facilities, and inserting in lieu thereof the following new section: "SEC. 406. 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. "OJ) 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); and "(3) 75 percent of associated expenses described in subsections (f)(3), (fK4), and (f)(5). "(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), 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), 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 mesisures which such person determines to be necessary to meet a need for its

42 USC 5172.

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