Applicants for replacement of damaged facilities
Compliance with certain regulations
section 5172 of this titlesection 5189 of this titlesection 3149(c)(2) of this titleAn applicant for assistance under (relating to repair, restoration, and replacement of damaged facilities), (relating to simplified procedure) or shall comply with regulations prescribed by the President to assure that, with respect to any property to be replaced, restored, repaired, or constructed with such assistance, such types and extent of insurance will be obtained and maintained as may be reasonably available, adequate, and necessary, to protect against future loss to such property.
Determination
In making a determination with respect to availability, adequacy, and necessity under paragraph (1), the President shall not require greater types and extent of insurance than are certified to him as reasonable by the appropriate State insurance commissioner responsible for regulation of such insurance.
Maintenance of insurance
section 5172 of this titlesection 5189 of this titlesection 3149(c)(2) of this titlesection 5141 of this titleNo applicant for assistance under (relating to repair, restoration, and replacement of damaged facilities), (relating to simplified procedure), or may receive such assistance for any property or part thereof for which the applicant has previously received assistance under this chapter unless all insurance required pursuant to this section has been obtained and maintained with respect to such property. The requirements of this subsection may not be waived under .
State acting as self-insurer
section 3149(c)(2) of this titleA State may elect to act as a self-insurer with respect to any or all of the facilities owned by the State. Such an election, if declared in writing at the time of acceptance of assistance under section 5172 or 5189 of this title or or subsequently and accompanied by a plan for self-insurance which is satisfactory to the President, shall be deemed compliance with subsection (a). No such self-insurer may receive assistance under section 5172 or 5189 of this title for any property or part thereof for which it has previously received assistance under this chapter, to the extent that insurance for such property or part thereof would have been reasonably available.
Pub. L. 93–288, title III, § 311Pub. L. 100–707, title I, § 105(h)102 Stat. 4692Pub. L. 103–325, title V, § 521108 Stat. 2257Pub. L. 106–390, title II, § 201114 Stat. 1559(, as added , , ; amended , , ; , , .)
Editorial Notes
References in Text
Pub. L. 93–28888 Stat. 143section 5121 of this titleThis chapter, referred to in subsecs. (b) and (c), was in the original “this Act”, meaning , , . For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Prior Provisions
Pub. L. 93–288, title III, § 31488 Stat. 151Pub. L. 100–707, § 105(h)A prior section 5154, , , , consisted of similar provisions, prior to repeal by .
section 311 of Pub. L. 93–288Pub. L. 100–707section 5151 of this titleA prior was renumbered section 308 by and is classified to .
Amendments
Pub. L. 106–390section 3149(c)(2) of this titlesection 3233 of this title2000—Subsecs. (a)(1), (b), (c). substituted “” for “”.
Pub. L. 103–325section 5141 of this title1994—Subsec. (b). inserted at end “The requirements of this subsection may not be waived under .”