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Code · BILL · 119th Congress · S. 267 (Introduced in Senate) — To make certain repairs, replacements, and restorations of private roads and bridges eligible for reimbursement under... · Sec. 2

Sec. 2. Reimbursement for repair, replacement, and restoration work on private roads and bridges impacted by Tropical Storm Helene

533 words·~2 min read·/bill/119/s/267/is/section-2

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Notwithstanding any provision of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) or the regulations governing the public assistance program of the Federal Emergency Management Agency under such Act, the State, Indian Tribal, and local governments in North Carolina covered under major disaster declaration FEMA–4827–DR–NC (relating to Tropical Storm Helene) shall be eligible for reimbursement for the cost of repairs, replacements, or restoration to private roads and bridges, without regard to pre-existing condition, under section 428 of such Act ( 42 U.S.C. 5189f ) that— are used as the sole means of access to primary residences or essential community services; are significantly damaged or destroyed as a direct result of Tropical Storm Helene as identified in FEMA–4827–DR–NC; and does not duplicate work that has already been completed.
Reimbursement under this section shall be subject to the following conditions: Private roads or bridges shall be inspected by appropriate State, Indian Tribal, or local government officials or their designees to verify the scope, need, and cost-effectiveness of any mitigation measures for the proposed repair, replacement, or restoration. The State, Indian Tribal, or local governments requesting assistance shall ensure that the private roads or bridges being repaired, replaced, or restored remain open for disaster recovery activities for the duration of the repair, replacement, or restoration process.
The State or Indian Tribal governments shall be responsible for documenting all costs associated with repairs, replacements, or restorations within their jurisdiction in accordance with Federal Emergency Management Agency policy. The State, Indian Tribal, or local government applying for public assistance funding shall obtain authority or permission to perform the work to permanently repair, replace, or restore the private roads and bridges. The State, Indian Tribal, or local government applying for public assistance funding shall ensure the work under this section is performed in compliance with all applicable State and Federal regulations and requirements that pertain to work that is permanent in nature.
Any individual or household that has received assistance prior to the date of enactment of this Act pursuant to section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174 ) for the purposes of repairing a private road or bridge eligible under this section may proceed with such repairs or return any such assistance to have such repair eligible pursuant to this section. In the event the individual or household chooses to proceed with such repairs utilizing assistance provided pursuant to section 408 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174 ) for a private road or bridge, such assistance shall not be counted against the maximum amount of assistance for such individual or household under such section. In determining eligible costs, the Administrator shall base such determinations on properly conducted and certified cost estimates prepared by professionally licensed engineers (mutually agreed upon by the Administrator and the applicant). Once certified by a professionally licensed engineer under paragraph
(1)and accepted by the Administrator, the estimates on which grants made pursuant to this section are based shall be presumed to be reasonable and eligible costs, as long as there is no evidence of fraud.
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Sec. 2
Reimbursement for repair, replacement, and restoration work on private roads and bridges impacted by Tropical Storm Helene
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