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Old 11-01-2012, 10:20 PM
 
Location: Palo Alto
12,149 posts, read 8,421,542 times
Reputation: 4190

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And Section 408:

Repairs.-

In general.--The President may provide financial assistance for-

the repair of owner-occupied private residences, utilities, and residential infrastructure (such as a private access route) by a major disaster to a safe and sanitary living or functioning condition; and eligible hazard mitigation measures that reduce the likelihood of future damage to such residences, utilities, or infrastructure.

Relationship to other assistance.--A recipient of assistance provided under this paragraph shall not be required to show that the assistance can be met through other means, except insurance proceeds.
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Old 11-01-2012, 10:27 PM
 
Location: Palo Alto
12,149 posts, read 8,421,542 times
Reputation: 4190
The Stafford Act is so lawyered up I doubt even the lawyers understand it. It does allow for the payment to individuals to rebuild or repair with some exceptions.

I believe that the Feds have a duty to repair all federal infrastructure. The states should pick up the tab for all state infrastructure. Individuals should pick up the tab for their property. Everyone should carry insurance. Everyone in a hazardous area prone to flooding should carry flood insurance.

States can also insure their property. What has happened is states have moved to self insuring as a method to cut costs. It's short-sided.
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Old 11-02-2012, 01:21 AM
 
Location: Østenfor sol og vestenfor måne
17,916 posts, read 24,369,707 times
Reputation: 39038
People who do not support Americans in crisis should not be afforded the rights of Americans. Go start your own third world country.

I'm not talking about the people quibbling over how much should go to relief efforts or what should be restored, but those who have a "*********, it's not my problem" attitude and there are a lot of you on here.
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Old 11-02-2012, 01:37 AM
 
56,988 posts, read 35,221,200 times
Reputation: 18824
Quote:
Originally Posted by ringwise View Post
The infrastructure in New York is NOT this Texan's responsibility. Maybe if NY didn't waste most of their tax money on crap, it would be a different story.
On crap? You mean like 60 million dollar high school football stadium? That crap? Oops...I'm sorry for bringing that up.

No, infrastructure is the responsibility of the whole nation. And thats why you're gonna pay up. So put a smile on your face, like this ..
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Old 11-02-2012, 02:53 AM
 
Location: Earth
24,620 posts, read 28,292,958 times
Reputation: 11416
Quote:
Originally Posted by Rakin View Post
The thread is about NYC paying a portion of their own expenses. The usual is 25% but the Mayor is asking to pay 0%. You don't believe they should pay any of the repairs to the infrastructure ?

What is their "Fair Share" as Obama would say ? There is a lot of wealth in NYC.
Part of our country has been devastated.
We should all share the burden. Many hands make light work.

Do they have 25%?
What does any other part of the country pay?
Did New Orleans pay 25%; how about all of the storms in Florida, the Carolinas, Mississippi and Georgia?

I have no problem with my taxes being used to help others.
So much better than it being used for war and hurting/controlling people.
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Old 11-02-2012, 07:30 AM
 
Location: Palo Alto
12,149 posts, read 8,421,542 times
Reputation: 4190
The problem is your hearts are bigger than my wallet....

When people are not accountable or responsible for themselves or their actions, instead relying on others, it works only as long as their enough "others" to pick up the tab.

The state property of New York is no more the responsibility of the taxpayer from Iowa than the property of California. Fifty years ago residents of a region would band together and rebuild. Today everyone lives way beyond their means because somebody else is going to pay for everything.

Almost all of the people in the impacted region were eligible for national flood insurance - which itself is nothing but welfare. The government subsidizes the program in the form of artificially low premiums. Anyone who chose to ignore the risk frankly doesn't deserve taxpayer dollars. The premiums are ridiculously low, yet there are pages of comments in the news about families that chose to pocket the $20 extra per month and are now wiped out.

We are at a point where we have run out of people to push back on. This storm caused significant damage - but it isn't totally unprecedented for the region. Watching the blogs and the news frankly depresses my morale. A gal on CNN stated the storm was caused by global warming and the oil companies should help pay to rebuild. In the same segment she gripes there isn't enough gas and that without power people are cold. She must have suffered a closed-head injury; nobody is that clueless about cause and effect.

The government has a role in disasters. And certainly it has a responsibility to rebuild its properties and infrastructure. Local governments should assist with helping their citizens get back on their feet. And each of us should be responsible for making sure our property is insured and we are prepared and not a burden on society.

How did we end up here? I don't see anything out there that gives me any hope. I'm glad I'm old.
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Old 11-02-2012, 07:33 AM
 
Location: NJ/NY
10,655 posts, read 18,668,752 times
Reputation: 2829
Quote:
Originally Posted by TrapperJohn View Post
And Section 408:

Repairs.-

In general.--The President may provide financial assistance for-

the repair of owner-occupied private residences, utilities, and residential infrastructure (such as a private access route) by a major disaster to a safe and sanitary living or functioning condition; and eligible hazard mitigation measures that reduce the likelihood of future damage to such residences, utilities, or infrastructure.

Relationship to other assistance.--A recipient of assistance provided under this paragraph shall not be required to show that the assistance can be met through other means, except insurance proceeds.
Except assistance isn't being requested under 408. Read the Governors letter. 403 and 407. So what you posted does not apply.
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Old 11-02-2012, 07:34 AM
 
45,232 posts, read 26,457,645 times
Reputation: 24994
yes we should all go to our jobs so we can pay and the show er uh marathon can go on.
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Old 11-02-2012, 07:45 AM
 
Location: NJ/NY
10,655 posts, read 18,668,752 times
Reputation: 2829
I'll post it again.

Here are the provisions that the Governor is asking for 90% and 100% prospectively under. Again, none of them cover rebuliding houses that weren't covered by insurance.

Here's the actual letter from Cuomo.
Spoiler
Dear Mr. President:

New York is requesting the maximum authorized federal reimbursement for federal aid pursuant to 44 C.F.R. § 206.47(b) and (d) in the response to and recovery from Hurricane Sandy in all of the federally declared counties in New York State. Under subdivision (d), FEMA is authorized to provide 100% reimbursement for Direct Federal Assistance and Category B emergency protective measures implemented in response to the hurricane. Under subdivision (b), FEMA is authorized to grant New York 90% of the eligible costs of permanent work.

As described in 44 C.F.R. § 206.47(d), “If warranted by the needs of the disaster, we recommend up to 100% Federal funding for emergency work under section 403 and section 407, including direct Federal assistance for a limited period in the initial days of the disaster irrespective of the per capita impact.” We have determined that the significant impacts from Hurricane Sandy plainly warrant providing this assistance.

Our counties are responding to the continued impacts of multi-building fires, tunnel closures, power losses to hospitals and other critical infrastructure, destroyed homes and sheltered populations – all in the midst of historic flooding that has complicated emergency response operations exponentially. Moreover, the cost to restore the complex electrically driven subway and rail transportation systems after total inundation from saltwater flooding will place a tremendous financial burden on New York State. The impact of this storm on thousands of small businesses is devastating and unprecedented. Initial estimates project up to $6 billion in lost economic revenue in the greater metropolitan area and the State due to the severe disruption of business in the world’s leading financial hub and the largest port on the northeastern seaboard.

This support is critical to ensuring that our State and local governments are able to respond effectively to the emergent and continuing issues associated with the devastation caused by Hurricane Sandy.

Should you have any questions, your staff may contact Steve Kuhr, the State Coordinating Officer, at [number redacted by CapCon].

Sincerely,
ANDREW M. CUOMO


Stafford Act Section 403 (essential assistance)
Spoiler
§ 5170b. ESSENTIAL ASSISTANCE {Sec. 403}

In general

Federal agencies may on the direction of the President, provide assistance essential to meeting immediate threats to life and property resulting from a major disaster, as follows:

Federal resources, generally

Utilizing, lending, or donating to State and local governments Federal equipment, supplies, facilities, personnel, and other resources, other than the extension of credit, for use or distribution by such governments in accordance with the purposes of this Act.

Medicine, food, and other consumables

Distributing or rendering through State and local governments, the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief and disaster assistance organizations medicine, food, and other consumable supplies, and other services and assistance to disaster victims.

Work and services to save lives and protect property

Performing on public or private lands or waters any work or services essential to saving lives and protecting and preserving property or public health and safety, including--

debris removal;
search and rescue, emergency medical care, emergency mass care, emergency shelter, and provision of food, water, medicine, and other essential needs, including movement of supplies or persons;
clearance of roads and construction of temporary bridges necessary to the performance of emergency tasks and essential community services;
provision of temporary facilities for schools and other essential community services;
demolition of unsafe structures which endanger the public;
warning of further risks and hazards;
dissemination of public information and assistance regarding health and safety measures;
provision of technical advice to State and local governments on disaster management and control; and
reduction of immediate threats to life, property, and public health and safety.

Contributions

Making contributions to State or local governments or owners or operators of private nonprofit facilities for the purpose of carrying out the provisions of this subsection.

Federal share

The Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of such assistance.

Utilization of DOD resources

General rule

During the immediate aftermath of an incident which may ultimately qualify for assistance under this title or title V of this Act [42 U.S.C. §§ 5170 et seq. or 5191 et seq.], the Governor of the State in which such incident occurred may request the President to direct the Secretary of Defense to utilize the resources of the Department of Defense for the purpose of performing on public and private lands any emergency work which is made necessary by such incident and which is essential for the preservation of life and property. If the President determines that such work is essential for the preservation of life and property, the President shall grant such request to the extent the President determines practicable. Such emergency work may only be carried out for a period not to exceed 10 days.

Rules applicable to debris removal

Any removal of debris and wreckage carried out under this subsection shall be subject to section 5173(b) of this title [42 U.S.C. § 5173*(b)], relating to unconditional authorization and indemni*fi*ca*tion for debris removal.

Expenditures out of disaster relief funds

The cost of any assistance provided pursuant to this subsection shall be reimbursed out of funds made available to carry out this Act.

Federal share

The Federal share of assistance under this subsection shall be not less than 75 percent.

Guidelines

Not later than 180 days after the date of the enactment of the Disaster Relief and Emergency Assistance Amendments of 1988 [enacted Nov. 23, 1988], the President shall issue guidelines for carrying out this subsection. Such guidelines shall consider any likely effect assistance under this subsection will have on the availability of other forms of assistance under this Act.

Definitions

For purposes of this section--

Department of Defense
The term 'Department of Defense' has the meaning the term "department" has under section 101 of title 10, United States Code.

Emergency work
The term "emergency work" includes clearance and removal of debris and wreckage and temporary restoration of essential public facilities and services.
(Pub. L. 93-288, title IV, § 403, as added Pub. L. 100-707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat. 4697.)


Stafford Act Section 407 (Debris Removal)
Spoiler
§ 5173. DEBRIS REMOVAL {Sec. 407}

Authorization for use of Federal assistance and grants to State or local government

The President, whenever he determines it to be in the public interest, is authorized--

through the use of Federal departments, agencies, and instrumentalities, to clear debris and wreckage resulting from a major disaster from publicly and privately owned lands and waters; and
to make grants to any State or local government or owner or operator of a private non-profit facility for the purpose of removing debris or wreckage resulting from a major disaster from publicly or privately owned lands and waters.

State or local government authorization; indemnification of Federal government

No authority under this section shall be exercised unless the affected State or local government shall first arrange an unconditional authorization for removal of such debris or wreckage from public and private property, and, in the case of removal of debris or wreckage from private property, shall first agree to indemnify the Federal Government against any claim arising from such removal.

Rules relating to large lots

The President shall issue rules which provide for recognition of differences existing among urban, suburban, and rural lands in implementation of this section so as to facilitate adequate removal of debris and wreckage from large lots.

Federal share

The Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of debris and wreckage removal carried out under this section.
(Pub. L. 93-288, title IV, § 407, formerly § 403, May 22, 1974, 88 Stat. 154; renumbered § 407 and amended, Pub. L. 100-707, title I, § 106(c), Nov. 23, 1988, 102 Stat. 4701.)

[Note to users: The Disaster Mitigation Act of 2000 repealed § 411 of the Stafford Act, but § 408, which will replace § 411, does not become effective until 18 months after October 30, 2000, or May 1, 2002. Section 411 remains in effect until May 1, 2002, and until May 1, 2002 FEMA officials should not make operational decisions based on the following § 408. FEMA expects to publish implementing regulations for § 408 before May 1, 2002.]


Section 406 (the permanent work at 90%)
Spoiler
§ 5172. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES {Sec. 406}

[Note to users. Section 205 of the Disaster Mitigation Act of 2000 struck prior § 406(a), Contributions, and inserted new § 406(a)(1), (2) and (4), Contributions, which became effective on October 30, 2000. See Note to users regarding § 406(a)(3).]

Contributions.-

In general.--The President may make contributions-

to a State or local government for the repair, restoration, reconstruction, or replacement of a public facility damaged or destroyed by a major disaster and for associated expenses incurred by the government; and

subject to paragraph (3), to a person that owns or operates a private nonprofit facility damaged or destroyed by a major disaster for the repair, restoration, reconstruction, or replacement of the facility and for associated expenses incurred by the person.

Associated expenses.--For the purposes of this section, associated expenses shall include-

the costs of mobilizing and employing the National Guard for performance of eligible work;

the costs of using prison labor to perform eligible work, including wages actually paid, transportation to a worksite, and extraordinary costs of guards, food, and lodging; and

base and overtime wages for the employees and extra hires of a State, local government, or person described in paragraph (1) that perform eligible work, plus fringe benefits on such wages to the extent that such benefits were being paid before the major disaster.

[Note to users: Section 205(a) of the Disaster Mitigation Act of 2000, added Sec. 406(a)(3), Conditions for assistance to private nonprofit facilities, which became effective as of October 30, 2000; on May 4, 2001 FEMA published an interim final rule implementing § 406(a)(3), which is currently in force. See 66 FR 22443, May 4, 2001.]

Conditions for assistance to private nonprofit facilities.-

In general.--The President may make contributions to a private nonprofit facility under paragraph (1)(B) only if-

the facility provides critical services (as defined by the President) in the event of a major disaster; or

the owner or operator of the facility-

has applied for a disaster loan under section 7(b) of the Small Business Act (15 U.S.C. 636(b)); and
(aa) has been determined to be ineligible for such a loan; or
(bb) has obtained such a loan in the maximum amount for which the Small Business Administration determines the facility is eligible.

Definition of critical services.--In this paragraph, the term ‘critical services' includes power, water (including water provided by an irrigation organization or facility), sewer, wastewater treatment, communications, and emergency medical care.

Notification to Congress.--Before making any contribution under this section in an amount greater than $20,000,000, the President shall notify-

the Committee on Environment and Public Works of the Senate;

the Committee on Transportation and Infrastructure of the House of Representatives;

the Committee on Appropriations of the Senate; and

the Committee on Appropriations of the House of Representatives.

>(Pub.L. 106-390, § 205(a), October 30, 2000, 114 Stat. 1562) [Note to users: Section 406(b), Federal Share, will not be in effect until FEMA publishes implementing regulations.

Federal Share.-

Minimum federal share.--Except as provided in paragraph (2), the Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of repair, restoration, reconstruction, or replacement carried out under this section.

Reduced federal share.--The President shall promulgate regulations to reduce the Federal share of assistance under this section to not less than 25 percent in the case of the repair, restoration, reconstruction, or replacement of any eligible public facility or private nonprofit facility following an event associated with a major disaster-

that has been damaged, on more than 1 occasion within the preceding 10-year period, by the same type of event; and

the owner of which has failed to implement appropriate mitigation measures to address the hazard that caused the damage to the facility.

(Pub.L. 106-390, § 205(b), October 30, 2000, 114 Stat. 1562)

[Note to users: The Disaster Mitigation Act of 2000, Sec. 406(c), Large In-Lieu Contributions, was effective as of October 30, 2000; on May 4, 2001 FEMA published an interim final rule implementing this provision, which is currently in force. See 66 FR 22443, May 4, 2001.]

Large In-Lieu Contributions.-

For public facilities.-

In general.--In any case in which a State or local government determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing any public facility owned or controlled by the State or local government, the State or local government may elect to receive, in lieu of a contribution under subsection (a)(1)(A), a contribution in an amount equal to 75 percent of the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of management expenses.

Areas with unstable soil.--In any case in which a State or local government determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing any public facility owned or controlled by the State or local government because soil instability in the disaster area makes repair, restoration, reconstruction, or replacement infeasible, the State or local government may elect to receive, in lieu of a contribution under subsection (a)(1)(A), a contribution in an amount equal to 90 percent of the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of management expenses.

Use of funds.--Funds contributed to a State or local government under this paragraph may be used-

to repair, restore, or expand other selected public facilities;
to construct new facilities; or
to fund hazard mitigation measures that the State or local government determines to be necessary to meet a need for governmental services and functions in the area affected by the major disaster.

Limitations.--Funds made available to a State or local government under this paragraph may not be used for-

any public facility located in a regulatory floodway (as defined in section 59.1 of title 44, Code of Federal Regulations (or a successor regulation)); or
any uninsured public facility located in a special flood hazard area identified by the Director of the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.).

For private nonprofit facilities.-

In general.--In any case in which a person that owns or operates a private nonprofit facility determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing the facility, the person may elect to receive, in lieu of a contribution under subsection (a)(1)(B), a contribution in an amount equal to 75 percent of the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of management expenses.

Use of funds.--Funds contributed to a person under this paragraph may be used-

to repair, restore, or expand other selected private nonprofit facilities owned or operated by the person;
to construct new private nonprofit facilities to be owned or operated by the person; or
to fund hazard mitigation measures that the person determines to be necessary to meet a need for the person's services and functions in the area affected by the major disaster.

Limitations.--Funds made available to a person under this paragraph may not be used for-

any private nonprofit facility located in a regulatory floodway (as defined in section 59.1 of title 44, Code of Federal Regulations (or a successor regulation)); or
any uninsured private nonprofit facility located in a special flood hazard area identified by the Director of the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.).

(Pub.L. 106-390, § 205(c), October 30, 2000, 114 Stat. 1563, 1566)

Flood insurance

Reduction of Federal assistance

If a public facility or private nonprofit facility located in a special flood hazard area identified for more than 1 year by the Director pursuant to the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is damaged or destroyed, after the 180th day following November 23, 1988, by flooding in a major disaster and such facility is not covered on the date of such flooding by flood insurance, the Federal assis*tance which would otherwise be available under this section with respect to repair, restoration, reconstruction, and replacement of such facility and associated expenses shall be reduced in accor*dance with paragraph (2).

Amount of reduction

The amount of a reduction in Federal assistance under this section with respect to a facility shall be the lesser of--

the value of such facility on the date of the flood damage or destruction, or
the maximum amount of insurance proceeds which would have been payable with respect to such facility if such facility had been covered by flood insurance under the National Flood Insurance Act of 1968 [42 U.S.C. § 4001 et seq.] on such date.

Exception

Paragraphs (1) and (2) shall not apply to a private nonprofit facility which is not covered by flood insurance solely because of the local government's failure to participate in the flood insurance program established by the National Flood Insurance Act.

Dissemination of information

The President shall disseminate information regarding the reduction in Federal assistance provided for by this subsection to State and local governments and the owners and operators of private nonprofit facilities who may be affected by such a reduc*tion.

[Note to users. The Disaster Mitigation Act of 2000 struck § 406(e), Net eligible cost, and inserted new subsection 406(e), Eligible cost. Until FEMA publishes implementing regulations, § 406(e), Net eligible cost, remains in effect as follows:

Net eligible cost

General rule

For purposes of this section, the cost of repairing, restor*ing, reconstructing, or replacing a public facility or private nonprofit facility on the basis of the design of such facility as it existed immediately prior to the major disaster and in confor*mity with current applicable codes, specifica*tions, and stan*dards (including floodplain management and hazard mitiga*tion criteria required by the President or by the Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.)) shall, at a minimum, be treated as the net eligible cost of such repair, restoration, reconstruction, or replacement.

Special rule

In any case in which the facility being repaired, restored, reconstructed, or replaced under this section was under construc*tion on the date of the major disaster, the cost of repairing, restoring, reconstructing, or replacing such facility shall include, for purposes of this section, only those costs which, under the contract for such construction, are the owner's respon*si*bility and not the contractor's responsibility.
[Note to users: The following provisions of the Disaster Mitigation Act of 2000, Sec. 406(e), Eligible Cost, will not be in effect until FEMA publishes implementing regulations:

Eligible Cost.-

Determination.-

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-

on the basis of the design of the facility as the facility existed immediately before the major disaster; and
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.

Cost estimation procedures.-

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.
Applicability.--The procedures specified in this paragraph and paragraph (2) apply only to projects the eligible cost of which is equal to or greater than the amount specified in section 422.

Modification of eligible cost.-

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) 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).

Actual cost less than estimated cost.-

Greater than or equal to 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 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.
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.

No effect on appeals process.--Nothing in this paragraph affects any right of appeal under section 423.

Expert panel.-

Establishment.--Not later than 18 months after the date of enactment of this paragraph, the President, acting through the Director of the Federal Emergency Management Agency, shall establish an expert panel, which shall include representatives from the construction industry and State and local government.

Duties.--The expert panel shall develop recommendations concerning-

procedures for estimating the cost of repairing, restoring, reconstructing, or replacing a facility consistent with industry practices; and
the ceiling and floor percentages referred to in paragraph (2).

Regulations.--Taking into account the recommendations of the expert panel under subparagraph (B), the President shall promulgate regulations that establish-

cost estimation procedures described in subparagraph (B)(i); and
the ceiling and floor percentages referred to in paragraph (2).

Review by President.--Not later than 2 years after the date of promulgation of regulations under subparagraph (C) and periodically thereafter, the President shall review the cost estimation procedures and the ceiling and floor percentages established under this paragraph.

Report to Congress.--Not later than 1 year after the date of promulgation of regulations under subparagraph (C), 3 years after that date, and at the end of each 2-year period thereafter, the expert panel shall submit to Congress a report on the appropriateness of the cost estimation procedures.

Special rule.--In any case in which the facility being repaired, restored, reconstructed, or replaced under this section was under construction on the date of the major disaster, the cost of repairing, restoring, reconstructing, or replacing the facility shall include, for the purposes of this section, only those costs that, under the contract for the construction, are the owner's responsibility and not the contractor's responsibility.

[(2) Effective date.--The amendment made by paragraph (1) takes effect on the date of enactment of this Act and applies to funds appropriated after the date of enactment of this Act, except that paragraph (1) of section 406(e) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (as amended by paragraph (1)) takes effect on the date on which the cost estimation procedures established under paragraph (3) of that section take effect.]

(Pub. L. 106-390, § 205(e), October 30, 2000, 114 Stat. 1566

[Note to users: Section § 205(e) of the Disaster Mitigation Act of 2000 repealed § 406(f), but § 202(b) of the DMA 2000 states that until the management cost rates under § 324 of the Stafford Act are established, the following provisions of § 406(f) will be used to establish “management cost rates.":

Associated expenses

For purposes of this section, associated expenses include the following:

Necessary costs

Necessary costs of requesting, obtaining, and administering Federal assistance based on a percentage of assistance provided as follows:

For an applicant whose net eligible costs equal less than $100,000, 3 percent of such net eligible costs,
For an applicant whose net eligible costs equal $100,000 or more but less than $1,000,000, $3,000 plus 2 percent of such net eligible costs in excess of $100,000,
For an applicant whose net eligible costs equal $1,000,*000 or more but less than $5,000,000, $21,000 plus 1 percent of such net eligible costs in excess of $1,000,000,
For an applicant whose net eligible costs equal $5,000,*000 or more, $61,000 plus ½ percent of such net eligible costs in excess of $5,000,000.

Extraordinary costs

Extraordinary costs incurred by a State for preparation of damage survey reports, final inspection reports, project applica*tions, final audits, and related field inspections by State employees, including overtime pay and per diem and travel expens*es of such employees, but not including pay for regular time of such employees, based on the total amount of assistance provided under sections 5170b, 5170c, 5172, 5173, 5192, 5193 of this title in such State in connection with the major disas*ter as follows:

If such total amount is less than $100,000, 3 percent of such total amount ,
If such total amount net eligible cost is $100,000 or more but less than $1,000,000, $3,000 plus 2 percent of such total amount net eligible cost in excess of $100,000,
If such total amount net eligible cost is $1,000,000 or more but less than $5,000,000, $21,000 plus 1 percent of such total amount net eligible cost in excess of $1,000,000,
If such total amount net eligible cost is $5,000,000 or more, $61,000 plus ½ percent of such total amount net eligi*ble cost in excess of $5,000,*000.

Costs of National Guard

The costs of mobilizing and employing the National Guard for performance of eligible work.

Costs of prison labor

The costs of using prison labor to perform eligible work, including wages actually paid, transpor*ta*tion to a worksite, and extraordinary costs of guards, food, and lodging.

Other labor costs

Base and overtime wages for an applicant's employees and extra hires performing eligible work plus fringe benefits on such wages to the extent that such benefits were being paid before the disaster.
(Pub. L. 93-288, title IV, § 406, as added Pub. L. 100-707, title I, § 106(b), Nov. 23, 1988, 102 Stat. 4699.)

(Pub.L. 106-390, § 205(e), October 30, 2000, 114 Stat. 1566).

[Note: See Pub. L. 106-390, § 202(b), which makes § 406(f), as it existed before repeal, the interim authority for establishing management cost rates until FEMA establishes new management cost rates under new § 324 of the Stafford Act.]
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Old 11-02-2012, 07:47 AM
 
Location: DFW
40,951 posts, read 49,206,955 times
Reputation: 55008
Quote:
Originally Posted by TrapperJohn View Post
The problem is your hearts are bigger than my wallet....

The government has a role in disasters. And certainly it has a responsibility to rebuild its properties and infrastructure. Local governments should assist with helping their citizens get back on their feet. And each of us should be responsible for making sure our property is insured and we are prepared and not a burden on society.
Good post above TJ.

Agreed... Govt has a role in the cleanup and the infrastructure. The question is how much to the state and how much to the Federal Govt. You mentioned that States have become "Self Insured" which is great if they are willing to accept the risk and the cost of repairs.

"Self Insured" should not mean others pick up the tab 100%. Just like a down payment in a home, the states should have a cost involved.

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If this happens to your home, I'm pretty sure you would want help, no matter who its from. You wouldn't say "the gov't is too big to be helping me" would you?
I do take personal responsibility and carry Homeowners Insurance. Do you ?

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"I don't use the interstate that goes to whatever city you live in. Therefore, I shouldn't be forced to pay for it."
You should also read. This is not a discussion on Federal Highways but city infrastructure.
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