H.R. 760 — Restoring Access to Mountain Homes Act

This section establishes reimbursement eligibility under section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act for state, Indian tribal, and local governments in North Carolina under major disaster declaration FEMA–4827–DR–NC (Tropical Storm Helene) to repair, replace, or restore private roads and bridges—without regard to pre-existing condition or other Stafford Act provisions or FEMA public assistance regulations—that (1) serve as the sole means of access to primary residences or essential community services, (2) were significantly damaged or destroyed by the storm, and (3) do not duplicate completed work. (Section 428 provides an alternative to standard public assistance under section 406 for permanent repair, restoration, or replacement of damaged facilities, typically limited to public and certain nonprofit facilities.) Reimbursement is subject to conditions requiring (1) inspection by government officials to verify scope, need, and cost-effectiveness; (2) maintaining access for disaster recovery; (3) state or tribal documentation of costs per FEMA policy; (4) obtaining authority to perform permanent work; and (5) compliance with applicable regulations. For duplication of benefits, individuals or households that received prior assistance under section 408 (i.e., individual and household program for disaster-related necessary expenses) for such private roads or bridges may proceed with repairs without that assistance counting against their section 408 maximum or return it for section 428 eligibility. Eligible costs are determined using certified estimates by mutually agreed-upon licensed engineers, presumed reasonable absent fraud.