FEMA has published a proposed regulation to allow for a reduction of the federal cost share for restoration of repetitively damaged facilities that have not undergone appropriate mitigation measures.

The proposed rule would apply only to public and eligible private nonprofit facilities that have been damaged three times by the same type of event within a ten year period.  The rule proposes to reduce the federal cost share of Public Assistance to 25 percent if a facility has not received appropriate mitigation measures prior to that third event.  Traditionally, the federal cost share for eligible repairs to disaster-damaged facilities is no less than 75 percent federal funding.

The proposed rule may be found online at www.regulations.gov by searching for Docket ID FEMA-2008-0006.  FEMA is seeking comments from tribal, state and local officials, as well as the public, on the proposed regulation.  Comments should be submitted to Docket ID FEMA-2008-0006 at www.regulations.gov.  Comments may also be submitted to FEMA-RULES@dhs.gov or by mail to FEMA’s Office of Chief Counsel, Room 835, 500 C Street, SW, Washington, DC 20472.  (Please note that comments submitted via mail typically experience a 2-week delay.) Comments are due on or before October 13, 2009.

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