Page:United States Statutes at Large Volume 114 Part 2.djvu/927

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PUBLIC LAW 106-390 —OCT. 30, 2000 114 STAT. 1565 " (1) DETERMINATION.— "(A) IN GENERAL.—For the purposes of this section, the President shall estimate the eligible cost of repairing, restoring, reconstructing, or replacing a public facility or private nonprofit facility— "(i) on the basis of the design of the facility as the facility existed immediately before the major disaster; and "(ii) in conformity with codes, specifications, and standards (including floodplain management and hazard mitigation criteria required by the President or under the Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.)) applicable at the time at which the disaster occurred. "(B) COST ESTIMATION PROCEDURES.— "(i) IN GENERAL.— Subject to paragraph (2), the President shall use the cost estimation procedures established under paragraph (3) to determine the eligible cost under this subsection. " (ii) APPLICABILITY. — The procedures specified in this paragraph and paragraph (2) shall apply only to projects the eligible cost of which is equal to or greater than the amount specified in section 422. " (2) MODIFICATION OF ELIGIBLE COST.— "(A) ACTUAL COST GREATER THAN CEILING PERCENTAGE OF ESTIMATED COST. —In any case in which the actual cost of repairing, restoring, reconstructing, or replacing a facility under this section is greater than the ceiling percentage established under paragraph (3) of the cost estimated under paragraph (1), the President may determine that the eligible cost includes a portion of the actual cost of the repair, restoration, reconstruction, or replacement that exceeds the cost estimated under paragraph (1). " (B) ACTUAL COST LESS THAN ESTIMATED COST. — " (i) GREATER THAN OR EQUAL TO FLOOR PERCENT- AGE OF ESTIMATED COST.— In any case in which the actual cost of repairing, restoring, reconstructing, or replacing a facility under this section is less than 100 percent of the cost estimated under paragraph (1), but is greater than or equal to the floor percentage established under paragraph (3) of the cost estimated under paragraph (1), the State or local government or person receiving funds under this section shall use the excess funds to carry out cost-effective activities that reduce the risk of future damage, hardship, or suffering from a major disaster. " (ii) LESS THAN FLOOR PERCENTAGE OF ESTIMATED COST. — In any case in which the actual cost of repairing, restoring, reconstructing, or replacing a facility under this section is less than the floor percentage established under paragraph (3) of the cost estimated under paragraph (1), the State or local government or person receiving assistance under this section shall reimburse the President in the amount of the difference. "(C) No EFFECT ON APPEALS PROCESS.— Nothing in this paragraph affects any right of appeal under section 423.