Page:United States Statutes at Large Volume 108 Part 3.djvu/519

 PUBLIC LAW 103-325—SEPT. 23, 1994 108 STAT. 2271 disapproval of the plan not later than 120 days after submission of the plan. "(2) NOTIFICATION OF DISAPPROVAL. —If the Director does not approve a mitigation plan submitted under this subsection, the Director shall notify, in writing, the State or community submitting the plan of the reasons for such disapproval. "(e) ELIGIBLE MITIGATION ACTIVITIES.— "(1) USE OF AMOUNTS. — Amounts provided under this section (other than under subsection (b)) may be used only for mitigation activities specified in a mitigation plan approved by the Director under subsection (d). The Director shall provide assistance under this section to the extent amounts are available in the National Flood Mitigation Fund pursuant to appropriation Acts, subject only to the absence of approvable mitigation plans. " (2) DETERMINATION OF ELIGIBLE PLANS.— The Director may approve only mitigation plans that specify mitigation activities that the Director determines are technically feasible and costeffective and only such plans that propose activities that are cost-beneficial to the National Flood Mitigation Fund. "(3) STANDARD FOR APPROVAL. —The Director shall approve mitigation plans meeting the requirements for approval under paragraph (1) that will be most cost-beneficial to the National Flood Mitigation Fund. "(4) PRIORITY. — The Director shall make every effort to provide mitigation assistance under this section for mitigation plans proposing activities for repetitive loss structures and structures that have incurred substantial damage. "(5) ELIGIBLE ACTIVITIES. —The Director shall determine whether mitigation activities described in a mitigation plan submitted under subsection (d) comply with the requirements under paragraph (1). Such activities may include— "(A) demolition or relocation of any structure located on land that is along the shore of a lake or other body of water and is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or flooding; "(B) elevation, relocation, demolition, or floodproofing of structures (including public structures) located in areas having special flood hazards or other areas of flood risk; "(C) acquisition by States and communities of properties (including public properties) located in areas having special flood hazards or other areas of flood risk and properties substantially damaged by flood, for public use, as the Director determines is consistent with sound land management and use in such area; "(D) minor physical mitigation efforts that do not duplicate the flood prevention activities of other Federal agencies and that lessen the frequency or severity of flooding and decrease predicted flood damages, which shall not include major flood control projects such as dikes, levees, seawalls, groins, and jetties unless the Director specifically determines in approving a mitigation plan that such activities are the most cost-effective mitigation activities for the National Flood Mitigation Fund; "(E) beach nourishment activities;

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