Noise Mitigation Repair and Replacement Program Act

“(g) Special rule for noise mitigation projects—With respect to a project to carry out noise mitigation that is granted a waiver under section 47110(j), the allowable project cost for such project shall be calculated without consideration of any costs that were previously paid by the Government.”

“(j) Special rule for noise mitigation projects

“(1) In general—The Secretary shall waive the requirement of subsection (b)(4) for a project to carry out noise mitigation for a building or other structure that has previously received Federal assistance under this subchapter for noise mitigation if—

“(A) the Secretary determines that the additional assistance is justified due to—

“(i) increased aircraft noise that would have afforded different levels of mitigation, even if the property owner had waived all damages and conveyed a full and unrestricted easement; or

“(ii) the building or other structure containing soundproofing installation, structure, or other type of sound mitigation equipment product or benefit previously installed under a noise mitigation program under this subchapter that is determined to be eligible pursuant to paragraph (2); and

“(B) the building or other structure—

“(i) falls within the Day Night Level (DNL) 65 standard according to the most recent noise exposure map, as such term is defined in section 150.7 of title 14, Code of Federal Regulations; or

“(ii) fell within such standard at the time the initial noise mitigation was carried out and a building inspector has determined that—

“(I) such mitigation caused physical damage the building or other structure; or

“(II) the materials used for such mitigation were of low quality and have deteriorated, broken, or otherwise no longer function as intended.

“(2) Eligibility determination—To be eligible for waiver under this subsection for a project, an applicant shall—

“(A) exhaust any amounts available through warranties on the applicable building or structure for the proposed noise mitigation activities; and

“(B) demonstrate that a State-certified building inspector conducted an inspection of the building or other structure and determined that—

“(i) the noise mitigation for which Federal assistance was previously provided is degraded or ineffective, or the manner of installation of such mitigation has caused damage to the building or other structure; and

“(ii) the condition of noise mitigation improvement described in subparagraph (A) is not attributed to actions taken by an owner or occupant of the building or other structure.”