located, had income that did not exceed the 
poverty 
line 
(as 
defined 
in 
section 
2110(c)(5) of the Social Security Act (42 
U.S.C. 1397jj(c)(5))) during the year be-
fore the previous major disaster. 
‘‘(C) APPLICATION FOR FUNDS.—A person 
that owns a private or investor-owned power fa-
cility that meets the requirements under sub-
paragraph (B) may apply for Federal assistance 
on or before the earlier of— 
‘‘(i) 30 days after the date on which 
the President declares the major disaster 
for which the person requests Federal as-
sistance; and 
‘‘(ii) the date upon which person has 
incurred costs of more than the greater of 
$10,000,000 and 2⁄3 of the average annual 
net income of the person for the previous 
3 fiscal years relating to the repair, res-
toration, reconstruction, or replacement of 
all private or investor-owned power facili-
ties owned by the person that were dam-
aged or destroyed as a result of the major 
disaster for which the person requests Fed-
eral assistance. 
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‘‘(D) AMOUNT
OF
FEDERAL
ASSISTANCE 
FOR DISASTER RELIEF.—The owner of a pri-
vate or investor-owned power facility may re-
ceive assistance under paragraph (1)(C) for the 
costs of repair, restoration, reconstruction, or 
replacement of the facility and associated ex-
penses incurred by the person that exceed the 
greater of $10,000,000 and the amount equal 
to 2⁄3 of the average annual net income of the 
person for the previous 3 fiscal years. 
‘‘(E) AGGREGATION FOR PURPOSES OF DE-
TERMINING
COSTS.—For purposes of deter-
mining the costs of a previous major disaster 
under this paragraph, the owner of the private 
or investor-owned power facility may aggregate 
the costs of all previous major disasters de-
clared during any 12-month period. 
‘‘(F) APPROVAL OR DISAPPROVAL OF AP-
PLICATIONS.—The President shall approve or 
disapprove an application for assistance sub-
mitted by a person under paragraph (1)(C) for 
a private or investor-owned power facility not 
later than 30 days after the date of receipt of 
the application.’’. 
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(c) FEDERAL SHARE.—Section 406(b)(2) of the Rob-
ert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5172(b)(2)) is amended by striking ‘‘public 
facility or private nonprofit facility’’ and inserting ‘‘public 
facility, private nonprofit facility, or private or investor- 
owned power facility’’. 
(d) 
LARGE
IN-LIEU
CONTRIBUTIONS.—Section 
406(c) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172(c)) is amend-
ed by adding at the end the following: 
‘‘(3) 
FOR
PRIVATE
OR
INVESTOR-OWNED 
POWER FACILITIES.— 
‘‘(A) IN GENERAL.—If a person that owns 
a private or investor-owned power facility deter-
mines 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 sub-
section (a)(1)(C), a contribution in an amount 
equal to 75 percent of the Federal share of the 
Federal estimate of the cost of repairing, re-
storing, reconstructing, or replacing the facility 
and of associated expenses, under the condi-
tions described in subsection (a)(4). 
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‘‘(B) USE OF FUNDS.—Funds contributed 
to a person under this paragraph may be used 
only within the area affected as a result of the 
major disaster for which the person requests 
Federal assistance to— 
‘‘(i) repair, restore, or expand other 
private or investor-owned power facilities 
owned by the person; 
‘‘(ii) construct a new private or inves-
tor-owned power facility owned by the per-
son; or 
‘‘(iii) fund hazard mitigation meas-
ures that the person determines to be nec-
essary to meet a need for the services and 
functions of the person in the area affected 
by the major disaster.’’. 
(e) ELIGIBLE COST.—Section 406(e)(1)(A) of the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5172(e)(1)(A)) is amended by strik-
ing ‘‘public facility or private nonprofit facility’’ and in-
serting ‘‘public facility, private nonprofit facility, or pri-
vate or investor-owned power facility’’. 
SEC. 3. REGULATIONS. 
Not later than 180 days after the date of enactment 
of this Act, the Administrator of the Federal Emergency 
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Management Agency shall promulgate regulations nec-
essary to implement this Act and the amendments made 
by this Act. 
Æ 
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