42 U.S.C. § 5154 — Insurance

(a) Applicants for replacement of damaged facilities (1) Compliance with certain regulations An applicant for assistance under section 5172 of this title (relating to repair, restoration, and replacement of damaged facilities), section 5189 of this title (relating to simplified procedure) or section 3149(c)(2) of this title must comply with regulations prescribed by the President to assure that, for 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. (2) Determination In making a determination for availability, adequacy, and necessity under paragraph (1), the President must 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. (b) Maintenance of insurance No applicant for assistance under section 5172 of this title (relating to repair, restoration, and replacement of damaged facilities), section 5189 of this title (relating to simplified procedure), or section 3149(c)(2) of this title may receive such assistance for any property or part of it for which the applicant has previously received assistance under this chapter unless all insurance required under this section has been obtained and maintained for such property. The requirements of this subsection may not be waived under section 5141 of this title. (c) State acting as self-insurer A State may elect to act as a self-insurer for 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 section 3149(c)(2) of this title or subsequently and accompanied by a plan for self-insurance which is satisfactory to the President, must 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 of it for which it has previously received assistance under this chapter, to the extent that insurance for such property or part of it would have been reasonably available.