S. 267

119 S267 IS: Restoring Access to Mountain Homes Act
 U.S. Senate
 2025-01-28
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 267  IN THE SENATE OF THE UNITED STATES   January 28, 2025   Mr. Budd  (for himself and  Mr. Tillis ) introduced the following bill; which was read twice and referred to the  Committee on Homeland Security and Governmental Affairs    A BILL
To make certain repairs, replacements, and restorations of private roads and bridges eligible for reimbursement under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and for other purposes.
1.
Short title
This Act may be cited as the   Restoring Access to Mountain Homes Act  .
2.
Reimbursement for repair, replacement, and restoration work on private roads and bridges impacted by Tropical Storm Helene
(a)
Eligibility for reimbursement
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—
(1)
are used as the sole means of access to primary residences or essential community services;
(2)
are significantly damaged or destroyed as a direct result of Tropical Storm Helene as identified in FEMA–4827–DR–NC; and
(3)
does not duplicate work that has already been completed.
(b)
Conditions of reimbursement
Reimbursement under this section shall be subject to the following conditions:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(c)
Duplication of benefits
(1)
In general
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.
(2)
Calculation
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.
(d)
Eligible cost
(1)
In general
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).
(2)
Use of estimates
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.