Community Disaster Loans (42 U.S.C. 5184)

Page 5461

TITLE 42—THE PUBLIC HEALTH AND WELFARE
PRIOR PROVISIONS

A prior section 412 of Pub. L. 93–288 was renumbered
section 415 by Pub. L. 100–707 and is classified to section
5182 of this title.

§ 5184

(Pub. L. 93–288, title IV, § 414, formerly § 411, May
22, 1974, 88 Stat. 157; renumbered § 414, Pub. L.
100–707, title I, § 106(h), Nov. 23, 1988, 102 Stat.
4705.)

AMENDMENTS

REFERENCES IN TEXT

2008—Pub. L. 110–246, § 4115(c)(1)(A)(iv), (B)(v), substituted ‘‘Benefits’’ for ‘‘Food coupons’’ in section
catchline.
Pub. L. 110–246, § 4002(b)(1)(C), (2)(DD), substituted
‘‘Food and Nutrition Act of 2008’’ for ‘‘Food Stamp
Act’’ in subsecs. (a) and (c).
Subsecs. (a), (b). Pub. L. 110–246, § 4115(c)(1)(A)(ii),
(B)(v), substituted ‘‘benefit’’ for ‘‘coupon’’.
Subsec. (c). Pub. L. 110–246, § 4002(b)(1)(E), (2)(DD),
substituted ‘‘supplemental nutrition assistance program benefits’’ for ‘‘food stamps’’.

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in
text, is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, as
amended, which is classified principally to chapter 61
(§ 4601 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 4601 of this title and Tables.

EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of Title 7,
Agriculture.
Amendment by sections 4002(b)(1)(C), (E), (2)(DD), and
4115(c)(1)(A)(ii), (iv), (B)(v) of Pub. L. 110–246 effective
Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out
as a note under section 1161 of Title 2, The Congress.
DELEGATION OF FUNCTIONS

PRIOR PROVISIONS
A prior section 414(a), (b) of Pub. L. 93–288 was renumbered section 417(a), (b) by Pub. L. 100–707 and is classified to section 5184 of this title.

§ 5182. Legal services
Whenever the President determines that lowincome individuals are unable to secure legal
services adequate to meet their needs as a consequence of a major disaster, consistent with
the goals of the programs authorized by this
chapter, the President shall assure that such
programs are conducted with the advice and assistance of appropriate Federal agencies and
State and local bar associations.

Secretary of Agriculture designated and empowered
to exercise, without approval, ratification, or other action of President, all authority vested in President by
this section concerning food coupons (benefits) and distribution, see section 3 of Ex. Ord. No. 11795, as amended, set out as a note under section 5121 of this title.

(Pub. L. 93–288, title IV, § 415, formerly § 412, May
22, 1974, 88 Stat. 157; renumbered § 415, Pub. L.
100–707, title I, § 106(h), Nov. 23, 1988, 102 Stat.
4705.)

§ 5180. Food commodities

This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88
Stat. 143. For complete classification of this Act to the
Code, see Short Title note set out under section 5121 of
this title and Tables.

(a) Emergency mass feeding
The President is authorized and directed to assure that adequate stocks of food will be ready
and conveniently available for emergency mass
feeding or distribution in any area of the United
States which suffers a major disaster or emergency.
(b) Funds for purchase of food commodities
The Secretary of Agriculture shall utilize
funds appropriated under section 612c of title 7,
to purchase food commodities necessary to provide adequate supplies for use in any area of the
United States in the event of a major disaster or
emergency in such area.
(Pub. L. 93–288, title IV, § 413, formerly § 410, May
22, 1974, 88 Stat. 157; renumbered § 413, Pub. L.
100–707, title I, § 106(h), Nov. 23, 1988, 102 Stat.
4705.)
PRIOR PROVISIONS
A prior section 413 of Pub. L. 93–288 was renumbered
section 416 by Pub. L. 100–707 and is classified to section
5183 of this title.

§ 5181. Relocation assistance
Notwithstanding any other provision of law,
no person otherwise eligible for any kind of replacement housing payment under the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91–646) [42 U.S.C.
4601 et seq.] shall be denied such eligibility as a
result of his being unable, because of a major
disaster as determined by the President, to meet
the occupancy requirements set by such Act.

REFERENCES IN TEXT

PRIOR PROVISIONS
A prior section 415 of Pub. L. 93–288 was renumbered
section 418 by Pub. L. 100–707 and is classified to section
5185 of this title.

§ 5183. Crisis counseling assistance and training
The President is authorized to provide professional counseling services, including financial
assistance to State or local agencies or private
mental health organizations to provide such
services or training of disaster workers, to victims of major disasters in order to relieve mental health problems caused or aggravated by
such major disaster or its aftermath.
(Pub. L. 93–288, title IV, § 416, formerly § 413, May
22, 1974, 88 Stat. 157; renumbered § 416 and
amended Pub. L. 100–707, title I, § 106(i), Nov. 23,
1988, 102 Stat. 4705.)
PRIOR PROVISIONS
A prior section 416 of Pub. L. 93–288 was renumbered
section 419 by Pub. L. 100–707 and is classified to section
5186 of this title.
AMENDMENTS
1988—Pub. L. 100–707 struck out ‘‘(through the National Institute of Mental Health)’’ after ‘‘authorized’’.

§ 5184. Community disaster loans
(a) In general
The President is authorized to make loans to
any local government which may suffer a sub-

§ 5184

TITLE 42—THE PUBLIC HEALTH AND WELFARE

stantial loss of tax and other revenues as a result of a major disaster, and has demonstrated a
need for financial assistance in order to perform
its governmental functions.
(b) Amount
The amount of any such loan shall be based on
need, shall not exceed—
(1) 25 percent of the annual operating budget
of that local government for the fiscal year in
which the major disaster occurs, and shall not
exceed $5,000,000; or
(2) if the loss of tax and other revenues of
the local government as a result of the major
disaster is at least 75 percent of the annual operating budget of that local government for
the fiscal year in which the major disaster occurs, 50 percent of the annual operating budget
of that local government for the fiscal year in
which the major disaster occurs, and shall not
exceed $5,000,000.
(c) Repayment
(1) Cancellation
Repayment of all or any part of such loan to
the extent that revenues of the local government during the three full fiscal year period
following the major disaster are insufficient to
meet the operating budget of the local government, including additional disaster-related expenses of a municipal operation character
shall be cancelled.
(2) Condition on continuing eligibility
A local government shall not be eligible for
further assistance under this section during
any period in which the local government is in
arrears with respect to a required repayment
of a loan under this section.
(d) Effect on other assistance
Any loans made under this section shall not
reduce or otherwise affect any grants or other
assistance under this chapter.
(Pub. L. 93–288, title IV, § 417, formerly § 414(a),
(b), May 22, 1974, 88 Stat. 158; renumbered § 417,
Pub. L. 100–707, title I, § 106(j), Nov. 23, 1988, 102
Stat. 4705; Pub. L. 106–390, title II, § 207, Oct. 30,
2000, 114 Stat. 1571; Pub. L. 109–347, title VI, § 608,
Oct. 13, 2006, 120 Stat. 1942.)
CODIFICATION
Prior to renumbering as section 417, section 414 of
Pub. L. 93–288 contained a subsec. (c) which was repealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat.
1082.
REFERENCES IN TEXT
This chapter, referred to in subsec. (d), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
1974, 88 Stat. 143. For complete classification of this
Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
PRIOR PROVISIONS
A prior section 417 of Pub. L. 93–288 was renumbered
section 420 by Pub. L. 100–707 and is classified to section
5187 of this title.
AMENDMENTS
2006—Subsec. (b). Pub. L. 109–347 substituted ‘‘exceed—
‘‘(1) 25 percent’’

Page 5462

for ‘‘exceed 25 per centum’’ and ‘‘; or’’ for period at end
and added par. (2).
2000—Pub. L. 106–390, § 207(1)–(3), designated first sentence of subsec. (a) as subsec. (a) and inserted subsec.
heading, designated second sentence of subsec. (a) as
subsec. (b) and inserted subsec. heading, and designated
third sentence of subsec. (a) as subsec. (c)(1) and inserted subsec. and par. headings. Former subsec. (b) redesignated (d).
Subsec. (b). Pub. L. 106–390, § 207(5), substituted ‘‘shall
not exceed’’ for ‘‘and shall not exceed’’ and inserted before period at end ‘‘, and shall not exceed $5,000,000’’.
Subsec. (c)(2). Pub. L. 106–390, § 207(6), added par. (2).
Subsec. (d). Pub. L. 106–390, § 207(4), redesignated subsec. (b) as (d) and inserted subsec. heading.
COMMUNITY EMERGENCY DROUGHT RELIEF
Pub. L. 95–31, title I, May 23, 1977, 91 Stat. 169, provided: ‘‘That this Act be cited as the ‘Community
Emergency Drought Relief Act of 1977’.
‘‘SEC. 101. (a) Upon the application of any State, political subdivision of a State, Indian tribe, or public or
private nonprofit organization, the Secretary of Commerce is authorized to make grants and loans to applicants in drought impacted areas for projects that implement short-term actions to augment community
water supplies where there are severe problems due to
water shortages. Such assistance may be for the improvement, expansion, or construction of water supplies, and purchase and transportation of water, which
in the opinion of the Secretary of Commerce will make
a substantial contribution to the relief of an existing or
threatened drought condition in a designated area.
‘‘(b) The Secretary of Commerce may designate any
area in the United States as an emergency drought impact area if he or she finds that a major and continuing
adverse drought condition exists and is expected to
continue, and such condition is causing significant
hardships on the affected areas.
‘‘(c) Eligible applicants shall be those States or political subdivisions of States with a population of ten
thousand or more, Indian tribes, or public or private
nonprofit organizations within areas designated pursuant to subsection (b) of this section.
‘‘(d) Projects assisted under this Act shall be only
those with respect to which assurances can be given to
the satisfaction of the Secretary of Commerce that the
work can be completed by April 30, 1978, or within such
extended time as the Secretary may approve in exceptional circumstances.
‘‘SEC. 102. Grants hereunder shall be in an amount
not to exceed 50 per centum of allowable project costs.
Loans shall be for a term not to exceed 40 years at a per
annum interest rate of 5 per centum and shall be on
such terms and conditions as the Secretary of Commerce shall determine. In determining the amount of a
grant assistance for any project, the Secretary of Commerce may take into consideration such factors as are
established by regulation and are consistent with the
purposes of this Act.
‘‘SEC. 103. In extending assistance under this Act the
Secretary shall take into consideration the relative
needs of applicant areas for the projects for which assistance is requested, and the appropriateness of the
project for relieving the conditions intended to be alleviated by this Act.
‘‘SEC. 104. The Secretary of Commerce shall have
such powers and authorities under this Act as are vested in the Secretary by sections 701 and 708 of the Public
Works and Economic Development Act of 1965, as
amended [sections 3211 and 3218 of this title], with respect to that Act [section 3121 et seq. of this title].
‘‘SEC. 105. The National Environmental Protection
Act of 1969, as amended [section 4321 et seq. of this
title], shall be implemented to the fullest extent consistent with but subject to the time constraints imposed by this Act, and the Secretary of Commerce when
making the final determination regarding an application for assistance hereunder shall give consideration
to the environmental consequences determined within
that period.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘SEC. 106. (a) There is hereby authorized to be appropriated for the fiscal year ending September 30, 1977,
$225,000,000 of which sum $150,000,000 is to be for the
loan program herein, including administration thereof,
and $75,000,000 of which is to be used for the grant program herein, including administration thereof, and
such additional amounts for the fiscal year ending September 30, 1978, as may be reasonably needed for administrative expenses in monitoring and closing out the
program authorized by the Act. Funds authorized by
this Act shall be obligated by December 31, 1977.
‘‘(b) Funds available to the Secretary for this Act
shall be available for expenditure for drought impact
projects conducted heretofore by eligible applicants
during fiscal year 1977 if such projects are found to be
compatible with the broad purposes of this Act.’’

§ 5185. Emergency communications
The President is authorized during, or in anticipation of, an emergency or major disaster to
establish temporary communications systems
and to make such communications available to
State and local government officials and other
persons as he deems appropriate.
(Pub. L. 93–288, title IV, § 418, formerly § 415, May
22, 1974, 88 Stat. 158; renumbered § 418, Pub. L.
100–707, title I, § 106(j), Nov. 23, 1988, 102 Stat.
4705.)
PRIOR PROVISIONS
A prior section 418 of Pub. L. 93–288 was renumbered
section 421 by Pub. L. 100–707 and is classified to section
5188 of this title.

§ 5186. Emergency public transportation
The President is authorized to provide temporary public transportation service in an area
affected by a major disaster to meet emergency
needs and to provide transportation to governmental offices, supply centers, stores, post offices, schools, major employment centers, and
such other places as may be necessary in order
to enable the community to resume its normal
pattern of life as soon as possible.
(Pub. L. 93–288, title IV, § 419, formerly § 416, May
22, 1974, 88 Stat. 158; renumbered § 419, Pub. L.
100–707, title I, § 106(j), Nov. 23, 1988, 102 Stat.
4705.)
PRIOR PROVISIONS
A prior section 419 of Pub. L. 93–288 was classified to
section 5189 of this title prior to repeal by Pub. L.
100–707.

§ 5187. Fire management assistance
(a) In general
The President is authorized to provide assistance, including grants, equipment, supplies, and
personnel, to any State or local government for
the mitigation, management, and control of any
fire on public or private forest land or grassland
that threatens such destruction as would constitute a major disaster.
(b) Coordination with State and tribal departments of forestry
In providing assistance under this section, the
President shall coordinate with State and tribal
departments of forestry.
(c) Essential assistance
In providing assistance under this section, the
President may use the authority provided under
section 5170b of this title.

§ 5188

(d) Rules and regulations
The President shall prescribe such rules and
regulations as are necessary to carry out this
section.
(Pub. L. 93–288, title IV, § 420, formerly § 417, May
22, 1974, 88 Stat. 158; renumbered § 420, Pub. L.
100–707, title I, § 106(j), Nov. 23, 1988, 102 Stat.
4705; Pub. L. 106–390, title III, § 303(a), Oct. 30,
2000, 114 Stat. 1572.)
AMENDMENTS
2000—Pub. L. 106–390 amended section catchline and
text generally. Prior to amendment, text read as follows: ‘‘The President is authorized to provide assistance, including grants, equipment, supplies, and personnel, to any State for the suppression of any fire on
publicly or privately owned forest or grassland which
threatens such destruction as would constitute a major
disaster.’’
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–390, title III, § 303(b), Oct. 30, 2000, 114 Stat.
1573, provided that: ‘‘The amendment made by subsection (a) [amending this section] takes effect 1 year
after the date of the enactment of this Act [Oct. 30,
2000].’’

§ 5188. Timber sale contracts
(a) Cost-sharing arrangement
Where an existing timber sale contract between the Secretary of Agriculture or the Secretary of the Interior and a timber purchaser
does not provide relief from major physical
change not due to negligence of the purchaser
prior to approval of construction of any section
of specified road or of any other specified development facility and, as a result of a major disaster, a major physical change results in additional construction work in connection with
such road or facility by such purchaser with an
estimated cost, as determined by the appropriate Secretary, (1) of more than $1,000 for sales
under one million board feet, (2) of more than $1
per thousand board feet for sales of one to three
million board feet, or (3) of more than $3,000 for
sales over three million board feet, such increased construction cost shall be borne by the
United States.
(b) Cancellation of authority
If the appropriate Secretary determines that
damages are so great that restoration, reconstruction, or construction is not practical under
the cost-sharing arrangement authorized by subsection (a) of this section, he may allow cancellation of a contract entered into by his Department notwithstanding contrary provisions
therein.
(c) Public notice of sale
The Secretary of Agriculture is authorized to
reduce to seven days the minimum period of advance public notice required by section 476 1 of
title 16, in connection with the sale of timber
from national forests, whenever the Secretary
determines that (1) the sale of such timber will
assist in the construction of any area of a State
damaged by a major disaster, (2) the sale of such
timber will assist in sustaining the economy of
such area, or (3) the sale of such timber is nec1 See

References in Text note below.