Page:United States Statutes at Large Volume 118.djvu/746

 118 STAT. 716 PUBLIC LAW 108–264—JUNE 30, 2004 repetitive loss property, in plain language, within that State or community— ‘‘(A) that their property meets the definition of a severe repetitive loss property under this section; ‘‘(B) that they may receive an offer of assistance under this section; ‘‘(C) of the types of assistance potentially available under this section; ‘‘(D) of the implications of declining such offer of assist ance under this section; and ‘‘(E) that there is a right to appeal under this section. ‘‘(2) IDENTIFICATION OF SEVERE REPETITIVE LOSS PROP ERTIES.—The Director shall take such steps as are necessary to identify severe repetitive loss properties, and submit that information to the relevant States and communities. ‘‘(f) STANDARDS FOR MITIGATION OFFERS.—The program under this section for providing assistance for eligible activities for severe repetitive loss properties shall be subject to the following limita tions: ‘‘(1) PRIORITY.—In determining the properties for which to provide assistance for eligible activities under subsection (c), the Director shall provide assistance for properties in the order that will result in the greatest amount of savings to the National Flood Insurance Fund in the shortest period of time, in a manner consistent with the allocation formula under paragraph (5). ‘‘(2) OFFERS.—The Director shall provide assistance in a manner that permits States and communities to make offers to owners of severe repetitive loss properties to take eligible activities under subsection (c) as soon as practicable. ‘‘(3) CONSULTATION.—In determining for which eligible activities under subsection (c) to provide assistance with respect to a severe repetitive loss property, the relevant States and communities shall consult, to the extent practicable, with the owner of the property. ‘‘(4) DEFERENCE TO LOCAL MITIGATION DECISIONS.—The Director shall not, by rule, regulation, or order, establish a priority for funding eligible activities under this section that gives preference to one type or category of eligible activity over any other type or category of eligible activity. ‘‘(5) ALLOCATION.— ‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and (C), of the total amount made available for assistance under this section in any fiscal year, the Director shall allocate assistance to a State, and the communities located within that State, based upon the percentage of the total number of severe repetitive loss properties located within that State. ‘‘(B) REDISTRIBUTION.—Any funds allocated to a State, and the communities within the State, under subparagraph (A) that have not been obligated by the end of each fiscal year shall be redistributed by the Director to other States and communities to carry out eligible activities in accord ance with this section. ‘‘(C) EXCEPTION.—Of the total amount made available for assistance under this section in any fiscal year, 10 percent shall be made available to communities that—

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