Page:United States Statutes at Large Volume 111 Part 1.djvu/236

 Ill STAT. 212 PUBLIC LAW 105-18^JUNE 12, 1997 Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined, on or after February 28, 1997, that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1997 flooding of the Red River of the North, the Minnesota River, and the tributaries of such rivers, on the day before the date of any such determination; (B) derives more than 60 percent of its total deposits from persons who normally reside within, or whose principal place of business is normally within, areas of intense devastation caused by the major disaster; (C) was adequately capitalized (as defined in section 38 of the Federal Deposit Insurance Act) before the major disaster; and (D) has an acceptable plan for managing the increase in its total assets and total deposits; and (2) the subtraction is consistent with the purpose of section 38 of the Federal Deposit Insurance Act. (b) TIME LIMIT ON EXCEPTIONS.— Any exception made under this section shall expire not later than February 28, 1999. (c) DEFINITIONS.— For purposes of this section: (1) APPROPRIATE FEDERAL BANKING AGENCY.— The term "appropriate Federal banking agency" has the same meaning as in section 3 of the Federal Deposit Insurance Act. (2) INSURED DEPOSITORY INSTITUTION.— The term "insured depository institution" has the same meaning as in section 3 of the Federal Deposit Insurance Act. (3) LEVERAGE LIMIT. —The term "leverage limit" has the same meaning as in section 38 of the Federal Deposit Insurance Act. (4) QUALIFYING AMOUNT ATTRIBUTABLE TO INSURANCE PRO- CEEDS.— The term "qualifying amount attributable to insurance proceeds" means the amount (if any) by which the institution's total assets exceed the institution's average total assets during the calendar quarter ending before the date of any determination referred to in subsection (a)(1)(A), because of the deposit of insurance payments or governmental assistance made with respect to damage caused by, or other costs resulting from, the major disaster. 12 USC 1828 SEC. 50004. BANKING AGENCY PUBLICATION REQUIREMENTS. (a) IN GENERAL. —^A qualifying regulatory agency may take any of the following actions with respect to depository institutions or other regulated entities whose principal place of business is within, or with respect to transactions or activities within, an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined, on or after February 28, 1997, that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1997 flooding of the Red River of the North, the Minnesota River, and the tributaries of such rivers, if the agency determines that the action would facilitate recovery from the major disaster: (1) PROCEDURE. —Exercising the agency's authority under provisions of law other than this section without complying with—

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