42 USC 5170-5189e

Page 5057

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Emergency Management Agency’’ in subsec. (c)(3) on
authority of section 612(c) of Pub. L. 109–295, set out as
a note under section 313 of Title 6, Domestic Security.
Any reference to the Administrator of the Federal
Emergency Management Agency in title VI of Pub. L.
109–295 or an amendment by title VI to be considered to
refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under
section 313 of Title 6.
CONSTRUCTION
Pub. L. 109–295, title VI, § 689g(c), Oct. 4, 2006, 120 Stat.
1453, provided that: ‘‘Nothing in this section [enacting
this section] or the amendments made by this section
shall be construed to authorize major disaster or emergency assistance that is not authorized as of the date
of enactment of this Act [Oct. 4, 2006].’’

SUBCHAPTER IV—MAJOR DISASTER
ASSISTANCE PROGRAMS
§ 5170. Procedure for declaration
All requests for a declaration by the President
that a major disaster exists shall be made by the
Governor of the affected State. Such a request
shall be based on a finding that the disaster is of
such severity and magnitude that effective response is beyond the capabilities of the State
and the affected local governments and that
Federal assistance is necessary. As part of such
request, and as a prerequisite to major disaster
assistance under this chapter, the Governor
shall take appropriate response action under
State law and direct execution of the State’s
emergency plan. The Governor shall furnish information on the nature and amount of State
and local resources which have been or will be
committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations
and expenditures (of which State commitments
must be a significant proportion) will comply
with all applicable cost-sharing requirements of
this chapter. Based on the request of a Governor
under this section, the President may declare
under this chapter that a major disaster or
emergency exists.
(Pub. L. 93–288, title IV, § 401, as added Pub. L.
100–707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat.
4696.)

§ 5170b

(2) coordinate all disaster relief assistance
(including voluntary assistance) provided by
Federal agencies, private organizations, and
State and local governments, including precautionary evacuations and recovery;
(3) provide technical and advisory assistance
to affected State and local governments for—
(A) the performance of essential community services;
(B) issuance of warnings of risks and hazards;
(C) public health and safety information,
including dissemination of such information;
(D) provision of health and safety measures;
(E) management, control, and reduction of
immediate threats to public health and safety; and
(F) recovery activities, including disaster
impact assessments and planning;
(4) assist State and local governments in the
distribution of medicine, food, and other
consumable supplies, and emergency assistance; and
(5) provide accelerated Federal assistance
and Federal support where necessary to save
lives, prevent human suffering, or mitigate severe damage, which may be provided in the absence of a specific request and in which case
the President—
(A) shall, to the fullest extent practicable,
promptly notify and coordinate with officials in a State in which such assistance or
support is provided; and
(B) shall not, in notifying and coordinating with a State under subparagraph (A),
delay or impede the rapid deployment, use,
and distribution of critical resources to victims of a major disaster.
(Pub. L. 93–288, title IV, § 402, as added Pub. L.
100–707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat.
4696; amended Pub. L. 109–295, title VI, § 681(a),
Oct. 4, 2006, 120 Stat. 1444.)
PRIOR PROVISIONS
A prior section 402 of Pub. L. 93–288 was classified to
section 5172 of this title prior to repeal by Pub. L.
100–707.

REFERENCES IN TEXT

AMENDMENTS

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

2006—Par. (1). Pub. L. 109–295, § 681(a)(1), substituted
‘‘response or recovery efforts, including precautionary
evacuations’’ for ‘‘efforts’’.
Par. (2). Pub. L. 109–295, § 681(a)(2), substituted
‘‘, including precautionary evacuations and recovery;’’
for semicolon at end.
Par. (3)(F). Pub. L. 109–295, § 681(a)(3), added subpar.
(F).
Par. (5). Pub. L. 109–295, § 681(a)(4), (5), added par. (5).

PRIOR PROVISIONS
A prior section 401 of Pub. L. 93–288 was renumbered
section 405 by Pub. L. 100–707 and is classified to section
5171 of this title.

§ 5170a. General Federal assistance
In any major disaster, the President may—
(1) direct any Federal agency, with or without reimbursement, to utilize its authorities
and the resources granted to it under Federal
law (including personnel, equipment, supplies,
facilities, and managerial, technical, and advisory services) in support of State and local assistance response or recovery efforts, including precautionary evacuations;

§ 5170b. Essential assistance
(a) In general
Federal agencies may on the direction of the
President, provide assistance essential to meeting immediate threats to life and property resulting from a major disaster, as follows:
(1) Federal resources, generally
Utilizing, lending, or donating to State and
local governments Federal equipment, supplies, facilities, personnel, and other re-

§ 5170c

TITLE 42—THE PUBLIC HEALTH AND WELFARE

sources, other than the extension of credit, for
use or distribution by such governments in accordance with the purposes of this chapter.
(2) Medicine, food, and other consumables
Distributing or rendering through State and
local governments, the American National
Red Cross, the Salvation Army, the Mennonite
Disaster Service, and other relief and disaster
assistance organizations medicine durable
medical
equipment,,1
food,
and
other
consumable supplies, and other services and
assistance to disaster victims.
(3) Work and services to save lives and protect
property
Performing on public or private lands or waters any work or services essential to saving
lives and protecting and preserving property
or public health and safety, including—
(A) debris removal;
(B) search and rescue, emergency medical
care, emergency mass care, emergency shelter, and provision of food, water, medicine
durable medical equipment,,1 and other essential needs, including movement of supplies or persons;
(C) clearance of roads and construction of
temporary bridges necessary to the performance of emergency tasks and essential community services;
(D) provision of temporary facilities for
schools and other essential community services;
(E) demolition of unsafe structures which
endanger the public;
(F) warning of further risks and hazards;
(G) dissemination of public information
and assistance regarding health and safety
measures;
(H) provision of technical advice to State
and local governments on disaster management and control;
(I) reduction of immediate threats to life,
property, and public health and safety; and
(J) provision of rescue, care, shelter, and
essential needs—
(i) to individuals with household pets
and service animals; and
(ii) to such pets and animals.
(4) Contributions
Making contributions to State or local governments or owners or operators of private
nonprofit facilities for the purpose of carrying
out the provisions of this subsection.
(b) Federal share
The Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of such assistance.
(c) Utilization of DOD resources
(1) General rule
During the immediate aftermath of an incident which may ultimately qualify for assistance under this subchapter or subchapter IV-A
of this chapter, the Governor of the State in
which such incident occurred may request the
1 So

in original. The extra comma probably should follow
‘‘medicine’’.

Page 5058

President to direct the Secretary of Defense to
utilize the resources of the Department of Defense for the purpose of performing on public
and private lands any emergency work which
is made necessary by such incident and which
is essential for the preservation of life and
property. If the President determines that
such work is essential for the preservation of
life and property, the President shall grant
such request to the extent the President determines practicable. Such emergency work may
only be carried out for a period not to exceed
10 days.
(2) Rules applicable to debris removal
Any removal of debris and wreckage carried
out under this subsection shall be subject to
section 5173(b) of this title, relating to unconditional authorization and indemnification for
debris removal.
(3) Expenditures out of disaster relief funds
The cost of any assistance provided pursuant
to this subsection shall be reimbursed out of
funds made available to carry out this chapter.
(4) Federal share
The Federal share of assistance under this
subsection shall be not less than 75 percent.
(5) Guidelines
Not later than 180 days after November 23,
1988, the President shall issue guidelines for
carrying out this subsection. Such guidelines
shall consider any likely effect assistance
under this subsection will have on the availability of other forms of assistance under this
chapter.
(6) Definitions
For purposes of this section—
(A) Department of Defense
The term ‘‘Department of Defense’’ has the
meaning the term ‘‘department’’ has under
section 101 of title 10.
(B) Emergency work
The term ‘‘emergency work’’ includes
clearance and removal of debris and wreckage and temporary restoration of essential
public facilities and services.
(Pub. L. 93–288, title IV, § 403, as added Pub. L.
100–707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat.
4697; amended Pub. L. 109–295, title VI, § 689(b),
Oct. 4, 2006, 120 Stat. 1449; Pub. L. 109–308, § 4,
Oct. 6, 2006, 120 Stat. 1726.)
PRIOR PROVISIONS
A prior section 403 of Pub. L. 93–288 was renumbered
section 407 by Pub. L. 100–707 and is classified to section
5173 of this title.
AMENDMENTS
2006—Subsec. (a)(2), (3)(B). Pub. L. 109–295, § 689(b)(1),
(2)(A), inserted ‘‘durable medical equipment,’’ after
‘‘medicine’’.
Subsec. (a)(3)(J). Pub. L. 109–295, § 689(b)(2)(B)–(D), and
Pub. L. 109–308 amended par. (3) identically, adding subpar. (J).

§ 5170c. Hazard mitigation
(a) In general
The President may contribute up to 75 percent
of the cost of hazard mitigation measures which

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

the President has determined are cost-effective
and which substantially reduce the risk of future damage, hardship, loss, or suffering in any
area affected by a major disaster. Such measures shall be identified following the evaluation
of natural hazards under section 5165 of this title
and shall be subject to approval by the President. Subject to section 5165 of this title, the
total of contributions under this section for a
major disaster shall not exceed 15 percent for
amounts not more than $2,000,000,000, 10 percent
for amounts of more than $2,000,000,000 and not
more than $10,000,000,000, and 7.5 percent on
amounts of more than $10,000,000,000 and not
more than $35,333,000,000 of the estimated aggregate amount of grants to be made (less any associated administrative costs) under this chapter
with respect to the major disaster.
(b) Property acquisition and relocation assistance
(1) General authority
In providing hazard mitigation assistance
under this section in connection with flooding,
the Administrator of the Federal Emergency
Management Agency may provide property acquisition and relocation assistance for
projects that meet the requirements of paragraph (2).
(2) Terms and conditions
An acquisition or relocation project shall be
eligible to receive assistance pursuant to paragraph (1) only if—
(A) the applicant for the assistance is
otherwise eligible to receive assistance
under the hazard mitigation grant program
established under subsection (a) of this section; and
(B) on or after December 3, 1993, the applicant for the assistance enters into an agreement with the Administrator that provides
assurances that—
(i) any property acquired, accepted, or
from which a structure will be removed
pursuant to the project will be dedicated
and maintained in perpetuity for a use
that is compatible with open space, recreational, or wetlands management practices;
(ii) no new structure will be erected on
property acquired, accepted or from which
a structure was removed under the acquisition or relocation program other than—
(I) a public facility that is open on all
sides and functionally related to a designated open space;
(II) a rest room; or
(III) a structure that the Administrator approves in writing before the
commencement of the construction of
the structure; and
(iii) after receipt of the assistance, with
respect to any property acquired, accepted
or from which a structure was removed
under the acquisition or relocation program—
(I) no subsequent application for additional disaster assistance for any purpose will be made by the recipient to any
Federal entity; and

§ 5170c

(II) no assistance referred to in subclause (I) will be provided to the applicant by any Federal source.
(3) Statutory construction
Nothing in this subsection is intended to
alter or otherwise affect an agreement for an
acquisition or relocation project carried out
pursuant to this section that was in effect on
the day before December 3, 1993.
(c) Program administration by States
(1) In general
A State desiring to administer the hazard
mitigation grant program established by this
section with respect to hazard mitigation assistance in the State may submit to the President an application for the delegation of the
authority to administer the program.
(2) Criteria
The President, in consultation and coordination with States and local governments, shall
establish criteria for the approval of applications submitted under paragraph (1). The criteria shall include, at a minimum—
(A) the demonstrated ability of the State
to manage the grant program under this section;
(B) there being in effect an approved mitigation plan under section 5165 of this title;
and
(C) a demonstrated commitment to mitigation activities.
(3) Approval
The President shall approve an application
submitted under paragraph (1) that meets the
criteria established under paragraph (2).
(4) Withdrawal of approval
If, after approving an application of a State
submitted under paragraph (1), the President
determines that the State is not administering the hazard mitigation grant program established by this section in a manner satisfactory to the President, the President shall
withdraw the approval.
(5) Audits
The President shall provide for periodic audits of the hazard mitigation grant programs
administered by States under this subsection.
(Pub. L. 93–288, title IV, § 404, as added Pub. L.
100–707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat.
4698; amended Pub. L. 103–181, §§ 2(a), 3, Dec. 3,
1993, 107 Stat. 2054; Pub. L. 106–390, title I,
§ 104(c)(1), title II, § 204, Oct. 30, 2000, 114 Stat.
1559, 1561; Pub. L. 108–7, div. K, title IV, § 417,
Feb. 20, 2003, 117 Stat. 525; Pub. L. 109–295, title
VI, §§ 612(c), 684, Oct. 4, 2006, 120 Stat. 1410, 1447.)
PRIOR PROVISIONS
A prior section 404 of Pub. L. 93–288 was classified to
section 5174 of this title prior to repeal by Pub. L.
100–707.
AMENDMENTS
2006—Subsec. (a). Pub. L. 109–295, § 684, in last sentence substituted ‘‘15 percent for amounts not more
than $2,000,000,000, 10 percent for amounts of more than
$2,000,000,000 and not more than $10,000,000,000, and 7.5
percent on amounts of more than $10,000,000,000 and not
more than $35,333,000,000’’ for ‘‘7.5 percent’’.

§ 5171

TITLE 42—THE PUBLIC HEALTH AND WELFARE

2003—Subsec. (a). Pub. L. 108–7 substituted ‘‘7.5 percent’’ for ‘‘15 percent’’.
2000—Subsec. (a). Pub. L. 106–390, § 104(c)(1), substituted ‘‘section 5165’’ for ‘‘section 5176’’ in second sentence and ‘‘Subject to section 5165 of this title, the
total’’ for ‘‘The total’’ in third sentence.
Subsec. (c). Pub. L. 106–390, § 204, added subsec. (c).
1993—Pub. L. 103–181 designated existing provisions as
subsec. (a), inserted heading, substituted ‘‘75 percent’’
for ‘‘50 percent’’ in first sentence, substituted ‘‘15 percent of the estimated aggregate amount of grants to be
made (less any associated administrative costs) under
this chapter with respect to the major disaster’’ for ‘‘10
percent of the estimated aggregate amounts of grants
to be made under section 5172 of this title with respect
to such major disaster’’ in last sentence, and added subsec. (b).
CHANGE OF NAME
‘‘Administrator of the Federal Emergency Management Agency’’ and ‘‘Administrator’’ substituted for
‘‘Director of the Federal Emergency Management
Agency’’ and ‘‘Director’’, respectively, in subsec. (b)(1),
(2) on authority of section 612(c) of Pub. L. 109–295, set
out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub.
L. 109–295 or an amendment by title VI to be considered
to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under
section 313 of Title 6.
EFFECTIVE DATE OF 1993 AMENDMENT
Section 2(b) of Pub. L. 103–181 provided that: ‘‘The
amendments made by this section [amending this section] shall apply to any major disaster declared by the
President pursuant to The [the] Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) on or after June 10, 1993.’’
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 5171. Federal facilities
(a) Repair, reconstruction, restoration, or replacement of United States facilities
The President may authorize any Federal
agency to repair, reconstruct, restore, or replace
any facility owned by the United States and
under the jurisdiction of such agency which is
damaged or destroyed by any major disaster if
he determines that such repair, reconstruction,
restoration, or replacement is of such importance and urgency that it cannot reasonably be
deferred pending the enactment of specific authorizing legislation or the making of an appropriation for such purposes, or the obtaining of
congressional committee approval.

Page 5060

(b) Availability of funds appropriated to agency
for repair, reconstruction, restoration, or replacement of agency facilities
In order to carry out the provisions of this section, such repair, reconstruction, restoration, or
replacement may be begun notwithstanding a
lack or an insufficiency of funds appropriated
for such purpose, where such lack or insufficiency can be remedied by the transfer, in accordance with law, of funds appropriated to that
agency for another purpose.
(c) Steps for mitigation of hazards
In implementing this section, Federal agencies
shall evaluate the natural hazards to which
these facilities are exposed and shall take appropriate action to mitigate such hazards, including safe land-use and construction practices, in
accordance with standards prescribed by the
President.
(Pub. L. 93–288, title IV, § 405, formerly § 401, May
22, 1974, 88 Stat. 153; renumbered § 405, Pub. L.
100–707, title I, § 106(a)(2), Nov. 23, 1988, 102 Stat.
4696.)
PRIOR PROVISIONS
A prior section 405 of Pub. L. 93–288 was classified to
section 5175 of this title prior to repeal by Pub. L.
100–707.

§ 5172. Repair, restoration, and replacement of
damaged facilities
(a) Contributions
(1) In general
The President may make contributions—
(A) to a State or local government for the
repair, restoration, reconstruction, or replacement of a public facility damaged or
destroyed by a major disaster and for associated expenses incurred by the government;
and
(B) subject to paragraph (3), to a person
that owns or operates a private nonprofit facility damaged or destroyed by a major disaster for the repair, restoration, reconstruction, or replacement of the facility and for
associated expenses incurred by the person.
(2) Associated expenses
For the purposes of this section, associated
expenses shall include—
(A) the costs of mobilizing and employing
the National Guard for performance of eligible work;
(B) the costs of using prison labor to perform eligible work, including wages actually
paid, transportation to a worksite, and extraordinary costs of guards, food, and lodging; and
(C) base and overtime wages for the employees and extra hires of a State, local government, or person described in paragraph
(1) that perform eligible work, plus fringe
benefits on such wages to the extent that
such benefits were being paid before the
major disaster.
(3) Conditions for assistance to private nonprofit facilities
(A) In general
The President may make contributions to
a private nonprofit facility under paragraph
(1)(B) only if—

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(i) the facility provides critical services
(as defined by the President) in the event
of a major disaster; or
(ii) the owner or operator of the facility—
(I) has applied for a disaster loan under
section 636(b) of title 15; and
(II)(aa) has been determined to be ineligible for such a loan; or
(bb) has obtained such a loan in the
maximum amount for which the Small
Business Administration determines the
facility is eligible.
(B) Definition of critical services
In this paragraph, the term ‘‘critical services’’ includes power, water (including water
provided by an irrigation organization or facility), sewer, wastewater treatment, communications, education, and emergency
medical care.
(4) Notification to Congress
Before making any contribution under this
section in an amount greater than $20,000,000,
the President shall notify—
(A) the Committee on Environment and
Public Works of the Senate;
(B) the Committee on Transportation and
Infrastructure of the House of Representatives;
(C) the Committee on Appropriations of
the Senate; and
(D) the Committee on Appropriations of
the House of Representatives.
(b) Federal share
(1) Minimum Federal share
Except as provided in paragraph (2), the Federal share of assistance under this section
shall be not less than 75 percent of the eligible
cost of repair, restoration, reconstruction, or
replacement carried out under this section.
(2) Reduced Federal share
The President shall promulgate regulations
to reduce the Federal share of assistance
under this section to not less than 25 percent
in the case of the repair, restoration, reconstruction, or replacement of any eligible public facility or private nonprofit facility following an event associated with a major disaster—
(A) that has been damaged, on more than
one occasion within the preceding 10-year
period, by the same type of event; and
(B) the owner of which has failed to implement appropriate mitigation measures to
address the hazard that caused the damage
to the facility.
(c) Large in-lieu contributions
(1) For public facilities
(A) In general
In any case in which a State or local government determines that the public welfare
would not best be served by repairing, restoring, reconstructing, or replacing any
public facility owned or controlled by the
State or local government, the State or
local government may elect to receive, in
lieu of a contribution under subsection

§ 5172

(a)(1)(A) of this section, a contribution in an
amount equal to 90 percent of the Federal
share of the Federal estimate of the cost of
repairing, restoring, reconstructing, or replacing the facility and of management expenses.
(B) Use of funds
Funds contributed to a State or local government under this paragraph may be used—
(i) to repair, restore, or expand other selected public facilities;
(ii) to construct new facilities; or
(iii) to fund hazard mitigation measures
that the State or local government determines to be necessary to meet a need for
governmental services and functions in the
area affected by the major disaster.
(C) Limitations
Funds made available to a State or local
government under this paragraph may not
be used for—
(i) any public facility located in a regulatory floodway (as defined in section 59.1
of title 44, Code of Federal Regulations (or
a successor regulation)); or
(ii) any uninsured public facility located
in a special flood hazard area identified by
the Administrator of the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.).
(2) For private nonprofit facilities
(A) In general
In any case in which a person that owns or
operates a private nonprofit facility determines 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 subsection (a)(1)(B) of this
section, a contribution in an amount equal
to 75 percent of the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility
and of management expenses.
(B) Use of funds
Funds contributed to a person under this
paragraph may be used—
(i) to repair, restore, or expand other selected private nonprofit facilities owned or
operated by the person;
(ii) to construct new private nonprofit
facilities to be owned or operated by the
person; or
(iii) to fund hazard mitigation measures
that the person determines to be necessary
to meet a need for the person’s services
and functions in the area affected by the
major disaster.
(C) Limitations
Funds made available to a person under
this paragraph may not be used for—
(i) any private nonprofit facility located
in a regulatory floodway (as defined in section 59.1 of title 44, Code of Federal Regulations (or a successor regulation)); or
(ii) any uninsured private nonprofit facility located in a special flood hazard area

§ 5172

TITLE 42—THE PUBLIC HEALTH AND WELFARE
identified by the Administrator of the Federal Emergency Management Agency
under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.).

(d) Flood insurance
(1) Reduction of Federal assistance
If a public facility or private nonprofit facility located in a special flood hazard area identified for more than 1 year by the Administrator pursuant to the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is damaged or destroyed, after the 180th day following November 23, 1988, by flooding in a major
disaster and such facility is not covered on the
date of such flooding by flood insurance, the
Federal assistance which would otherwise be
available under this section with respect to repair, restoration, reconstruction, and replacement of such facility and associated expenses
shall be reduced in accordance with paragraph
(2).
(2) Amount of reduction
The amount of a reduction in Federal assistance under this section with respect to a facility shall be the lesser of—
(A) the value of such facility on the date of
the flood damage or destruction, or
(B) the maximum amount of insurance
proceeds which would have been payable
with respect to such facility if such facility
had been covered by flood insurance under
the National Flood Insurance Act of 1968 on
such date.
(3) Exception
Paragraphs (1) and (2) shall not apply to a
private nonprofit facility which is not covered
by flood insurance solely because of the local
government’s failure to participate in the
flood insurance program established by the
National Flood Insurance Act.
(4) Dissemination of information
The President shall disseminate information
regarding the reduction in Federal assistance
provided for by this subsection to State and
local governments and the owners and operators of private nonprofit facilities who may be
affected by such a reduction.
(e) Eligible cost
(1) Determination
(A) In general
For the purposes of this section, the President shall estimate the eligible cost of repairing, restoring, reconstructing, or replacing a public facility or private nonprofit facility—
(i) on the basis of the design of the facility as the facility existed immediately before the major disaster; and
(ii) in conformity with codes, specifications, and standards (including floodplain
management and hazard mitigation criteria required by the President or under
the Coastal Barrier Resources Act (16
U.S.C. 3501 et seq.)) applicable at the time
at which the disaster occurred.

Page 5062

(B) Cost estimation procedures
(i) In general
Subject to paragraph (2), the President
shall use the cost estimation procedures
established under paragraph (3) to determine the eligible cost under this subsection.
(ii) Applicability
The procedures specified in this paragraph and paragraph (2) shall apply only to
projects the eligible cost of which is equal
to or greater than the amount specified in
section 5189 of this title.
(2) Modification of eligible cost
(A) Actual cost greater than ceiling percentage of estimated cost
In any case in which the actual cost of repairing, restoring, reconstructing, or replacing a facility under this section is greater
than the ceiling percentage established
under paragraph (3) of the cost estimated
under paragraph (1), the President may determine that the eligible cost includes a portion of the actual cost of the repair, restoration, reconstruction, or replacement that exceeds the cost estimated under paragraph
(1).
(B) Actual cost less than estimated cost
(i) Greater than or equal to floor percentage of estimated cost
In any case in which the actual cost of
repairing, restoring, reconstructing, or replacing a facility under this section is less
than 100 percent of the cost estimated
under paragraph (1), but is greater than or
equal to the floor percentage established
under paragraph (3) of the cost estimated
under paragraph (1), the State or local government or person receiving funds under
this section shall use the excess funds to
carry out cost-effective activities that reduce the risk of future damage, hardship,
or suffering from a major disaster.
(ii) Less than floor percentage of estimated
cost
In any case in which the actual cost of
repairing, restoring, reconstructing, or replacing a facility under this section is less
than the floor percentage established
under paragraph (3) of the cost estimated
under paragraph (1), the State or local government or person receiving assistance
under this section shall reimburse the
President in the amount of the difference.
(C) No effect on appeals process
Nothing in this paragraph affects any
right of appeal under section 5189a of this
title.
(3) Expert panel
(A) Establishment
Not later than 18 months after October 30,
2000, the President, acting through the Administrator of the Federal Emergency Management Agency, shall establish an expert
panel, which shall include representatives

Page 5063

TITLE 42—THE PUBLIC HEALTH AND WELFARE

from the construction industry and State
and local government.
(B) Duties
The expert panel shall develop recommendations concerning—
(i) procedures for estimating the cost of
repairing, restoring, reconstructing, or replacing a facility consistent with industry
practices; and
(ii) the ceiling and floor percentages referred to in paragraph (2).
(C) Regulations
Taking into account the recommendations
of the expert panel under subparagraph (B),
the President shall promulgate regulations
that establish—
(i) cost estimation procedures described
in subparagraph (B)(i); and
(ii) the ceiling and floor percentages referred to in paragraph (2).
(D) Review by President
Not later than 2 years after the date of
promulgation of regulations under subparagraph (C) and periodically thereafter, the
President shall review the cost estimation
procedures and the ceiling and floor percentages established under this paragraph.
(E) Report to Congress
Not later than 1 year after the date of promulgation of regulations under subparagraph (C), 3 years after that date, and at the
end of each 2-year period thereafter, the expert panel shall submit to Congress a report
on the appropriateness of the cost estimation procedures.
(4) Special rule
In any case in which the facility being repaired, restored, reconstructed, or replaced
under this section was under construction on
the date of the major disaster, the cost of repairing, restoring, reconstructing, or replacing
the facility shall include, for the purposes of
this section, only those costs that, under the
contract for the construction, are the owner’s
responsibility and not the contractor’s responsibility.
(Pub. L. 93–288, title IV, § 406, as added Pub. L.
100–707, title I, § 106(b), Nov. 23, 1988, 102 Stat.
4699; amended Pub. L. 106–390, title II,
§ 205(a)–(d)(1), (e), Oct. 30, 2000, 114 Stat.
1562–1564, 1566; Pub. L. 109–295, title VI, §§ 612(c),
689h, Oct. 4, 2006, 120 Stat. 1410, 1453; Pub. L.
109–347, title VI, § 609, Oct. 13, 2006, 120 Stat.
1942.)
REFERENCES IN TEXT
The National Flood Insurance Act of 1968, referred to
in subsecs. (c)(1)(C)(ii), (2)(C)(ii) and (d)(1), (2)(B), is
title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, as
amended, which is classified principally to chapter 50
(§ 4001 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 4001 of this title and Tables.
The National Flood Insurance Act, referred to in subsec. (d)(3), probably means the National Flood Insurance Act of 1968. See above.
The Coastal Barrier Resources Act, referred to in subsec. (e)(1)(A)(ii), is Pub. L. 97–348, Oct. 18, 1982, 96 Stat.
1653, as amended, which is classified principally to

§ 5172

chapter 55 (§ 3501 et seq.) of Title 16, Conservation. For
complete classification of this Act to the Code, see
Short Title note set out under section 3501 of Title 16
and Tables.
PRIOR PROVISIONS
A prior section 5172, Pub. L. 93–288, title IV, § 402, May
22, 1974, 88 Stat. 153, related to repair and restoration of
damaged facilities, prior to repeal by Pub. L. 100–707,
§ 106(b).
A prior section 406 of Pub. L. 93–288 was renumbered
section 409 by Pub. L. 100–707 and is classified to section
5176 of this title.
AMENDMENTS
2006—Subsec. (a)(3)(B). Pub. L. 109–295, § 689h, inserted
‘‘education,’’ after ‘‘communications,’’.
Subsec. (c)(1)(A). Pub. L. 109–347, § 609(1), substituted
‘‘90’’ for ‘‘75’’.
Subsec. (c)(1)(B) to (D). Pub. L. 109–347, § 609(2), (3), redesignated subpars. (C) and (D) as (B) and (C), respectively, and struck out former subpar. (B). Prior to
amendment, text of subpar. (B) read as follows: ‘‘In any
case in which a State or local government determines
that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing any
public facility owned or controlled by the State or
local government because soil instability in the disaster area makes repair, restoration, reconstruction, or
replacement infeasible, the State or local government
may elect to receive, in lieu of a contribution under
subsection (a)(1)(A) of this section, a contribution in an
amount equal to 90 percent of the Federal share of the
Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of management expenses.’’
2000—Subsec. (a). Pub. L. 106–390, § 205(a), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: ‘‘The President may make
contributions—
‘‘(1) to a State or local government for the repair,
restoration, reconstruction, or replacement of a public facility which is damaged or destroyed by a major
disaster and for associated expenses incurred by such
government; and
‘‘(2) to a person who owns or operates a private nonprofit facility damaged or destroyed by a major disaster for the repair, restoration, reconstruction, or replacement of such facility and for associated expenses incurred by such person.’’
Subsec. (b). Pub. L. 106–390, § 205(b), added subsec. (b)
and struck out heading and text of former subsec. (b).
Text read as follows: ‘‘The Federal share of assistance
under this section shall be not less than—
‘‘(1) 75 percent of the net eligible cost of repair, restoration, reconstruction, or replacement carried out
under this section;
‘‘(2) 100 percent of associated expenses described in
subsections (f)(1) and (f)(2) of this section; and
‘‘(3) 75 percent of associated expenses described in
subsections (f)(3), (f)(4), and (f)(5) of this section.’’
Subsec. (c). Pub. L. 106–390, § 205(c), added subsec. (c)
and struck out heading and text of former subsec. (c)
which provided that, upon a determination that the
public welfare would not be best served by repairing,
restoring, reconstructing, or replacing either a public
facility or a private nonprofit facility, an election
could be made to receive, in lieu of a contribution
under subsec. (a), a contribution of not to exceed 90 percent of the Federal share of the Federal estimate of the
cost of repairing, restoring, reconstructing, or replacing the facility and of associated expenses, with the restriction that such funds not be used for any State or
local government cost-sharing contribution required
under this chapter.
Subsec. (e). Pub. L. 106–390, § 205(d)(1), added subsec.
(e) and struck out heading and text of former subsec.
(e). Text read as follows:
‘‘(1) GENERAL RULE.—For purposes of this section, the
cost of repairing, restoring, reconstructing, or replac-

§ 5173

TITLE 42—THE PUBLIC HEALTH AND WELFARE

ing a public facility or private nonprofit facility on the
basis of the design of such facility as it existed immediately prior to the major disaster and in conformity
with current applicable codes, specifications, and
standards (including floodplain management and hazard mitigation criteria required by the President or by
the Coastal Barrier Resources Act (16 U.S.C. 3501 et
seq.)) shall, at a minimum, be treated as the net eligible cost of such repair, restoration, reconstruction, or
replacement.
‘‘(2) SPECIAL RULE.—In any case in which the facility
being repaired, restored, reconstructed, or replaced
under this section was under construction on the date
of the major disaster, the cost of repairing, restoring,
reconstructing, or replacing such facility shall include,
for purposes of this section, only those costs which,
under the contract for such construction, are the owner’s responsibility and not the contractor’s responsibility.’’
Subsec. (f). Pub. L. 106–390, § 205(e), struck out subsec.
(f) which set out various associated expenses, including
necessary and extraordinary costs, and costs of using
the National Guard and prison labor.
CHANGE OF NAME
‘‘Administrator of the Federal Emergency Management Agency’’ and ‘‘Administrator’’ substituted for
‘‘Director of the Federal Emergency Management
Agency’’ and ‘‘Director’’, respectively, in subsecs.
(c)(1)(C)(ii), (2)(C)(ii), (d)(1), and (e)(3)(A) on authority
of section 612(c) of Pub. L. 109–295, set out as a note
under section 313 of Title 6, Domestic Security. Any
reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295
or an amendment by title VI to be considered to refer
and apply to the Director of the Federal Emergency
Management Agency until Mar. 31, 2007, see section
612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–390, title II, § 205(d)(2), Oct. 30, 2000, 114
Stat. 1566, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] takes effect on
the date of the enactment of this Act [Oct. 30, 2000] and
applies to funds appropriated after the date of the enactment of this Act, except that paragraph (1) of section 406(e) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act [subsec. (e)(1) of this section] (as amended by paragraph (1)) takes effect on the
date on which the cost estimation procedures established under paragraph (3) of that section take effect.’’
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 5173. Debris removal
(a) Presidential authority
The President, whenever he determines it to
be in the public interest, is authorized—
(1) through the use of Federal departments,
agencies, and instrumentalities, to clear de-

Page 5064

bris and wreckage resulting from a major disaster from publicly and privately owned lands
and waters; and
(2) to make grants to any State or local government or owner or operator of a private nonprofit facility for the purpose of removing debris or wreckage resulting from a major disaster from publicly or privately owned lands and
waters.
(b) Authorization by State or local government;
indemnification agreement
No authority under this section shall be exercised unless the affected State or local government shall first arrange an unconditional authorization for removal of such debris or wreckage from public and private property, and, in the
case of removal of debris or wreckage from private property, shall first agree to indemnify the
Federal Government against any claim arising
from such removal.
(c) Rules relating to large lots
The President shall issue rules which provide
for recognition of differences existing among
urban, suburban, and rural lands in implementation of this section so as to facilitate adequate
removal of debris and wreckage from large lots.
(d) Federal share
The Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of debris and wreckage removal carried out under this section.
(e) Expedited payments
(1) Grant assistance
In making a grant under subsection (a)(2),
the President shall provide not less than 50
percent of the President’s initial estimate of
the Federal share of assistance as an initial
payment in accordance with paragraph (2).
(2) Date of payment
Not later than 60 days after the date of the
estimate described in paragraph (1) and not
later than 90 days after the date on which the
State or local government or owner or operator of a private nonprofit facility applies for
assistance under this section, an initial payment described in paragraph (1) shall be paid.
(Pub. L. 93–288, title IV, § 407, formerly § 403, May
22, 1974, 88 Stat. 154; renumbered § 407 and
amended Pub. L. 100–707, title I, § 106(c), Nov. 23,
1988, 102 Stat. 4701; Pub. L. 109–347, title VI, § 610,
Oct. 13, 2006, 120 Stat. 1942.)
PRIOR PROVISIONS
A prior section 407 of Pub. L. 93–288 was renumbered
section 410 by Pub. L. 100–707 and is classified to section
5177 of this title.
AMENDMENTS
2006—Subsec. (e). Pub. L. 109–347 added subsec. (e).
1988—Subsec. (a)(2). Pub. L. 100–707, § 106(c)(2), inserted ‘‘or owner or operator of a private nonprofit facility’’ after ‘‘local government’’.
Subsecs. (c), (d). Pub. L. 100–707, § 106(c)(3), added subsecs. (c) and (d).

Page 5065

TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 5174. Federal assistance to individuals and
households
(a) In general
(1) Provision of assistance
In accordance with this section, the President, in consultation with the Governor of a
State, may provide financial assistance, and,
if necessary, direct services, to individuals and
households in the State who, as a direct result
of a major disaster, have necessary expenses
and serious needs in cases in which the individuals and households are unable to meet
such expenses or needs through other means.
(2) Relationship to other assistance
Under paragraph (1), an individual or household shall not be denied assistance under paragraph (1), (3), or (4) of subsection (c) of this
section solely on the basis that the individual
or household has not applied for or received
any loan or other financial assistance from
the Small Business Administration or any
other Federal agency.
(b) Housing assistance
(1) Eligibility
The President may provide financial or
other assistance under this section to individuals and households to respond to the disasterrelated housing needs of individuals and
households who are displaced from their
predisaster primary residences or whose
predisaster primary residences are rendered
uninhabitable, or with respect to individuals
with disabilities, rendered inaccessible or uninhabitable, as a result of damage caused by a
major disaster.
(2) Determination of appropriate types of assistance
(A) In general
The President shall determine appropriate
types of housing assistance to be provided
under this section to individuals and households described in subsection (a)(1) of this
section based on considerations of cost effectiveness, convenience to the individuals and
households, and such other factors as the
President may consider appropriate.
(B) Multiple types of assistance
One or more types of housing assistance
may be made available under this section,
based on the suitability and availability of
the types of assistance, to meet the needs of
individuals and households in the particular
disaster situation.
(c) Types of housing assistance
(1) Temporary housing
(A) Financial assistance
(i) In general
The President may provide financial assistance to individuals or households to
rent alternate housing accommodations,
existing rental units, manufactured housing, recreational vehicles, or other readily
fabricated dwellings. Such assistance may
include the payment of the cost of utilities, excluding telephone service.

§ 5174

(ii) Amount
The amount of assistance under clause
(i) shall be based on the fair market rent
for the accommodation provided plus the
cost of any transportation, utility hookups, security deposits, or unit installation
not provided directly by the President.
(B) Direct assistance
(i) In general
The President may provide temporary
housing units, acquired by purchase or
lease, directly to individuals or households
who, because of a lack of available housing
resources, would be unable to make use of
the assistance provided under subparagraph (A).
(ii) Period of assistance
The President may not provide direct assistance under clause (i) with respect to a
major disaster after the end of the 18month period beginning on the date of the
declaration of the major disaster by the
President, except that the President may
extend that period if the President determines that due to extraordinary circumstances an extension would be in the public interest.
(iii) Collection of rental charges
After the end of the 18-month period referred to in clause (ii), the President may
charge fair market rent for each temporary housing unit provided.
(2) Repairs
(A) In general
The President may provide financial assistance for—
(i) the repair of owner-occupied private
residences, utilities, and residential infrastructure (such as a private access route)
damaged by a major disaster to a safe and
sanitary living or functioning condition;
and
(ii) eligible hazard mitigation measures
that reduce the likelihood of future damage to such residences, utilities, or infrastructure.
(B) Relationship to other assistance
A recipient of assistance provided under
this paragraph shall not be required to show
that the assistance can be met through
other means, except insurance proceeds.
(3) Replacement
(A) In general
The President may provide financial assistance for the replacement of owner-occupied private residences damaged by a major
disaster.
(B) Applicability of flood insurance requirement
With respect to assistance provided under
this paragraph, the President may not waive
any provision of Federal law requiring the
purchase of flood insurance as a condition of
the receipt of Federal disaster assistance.
(4) Permanent housing construction
The President may provide financial assistance or direct assistance to individuals or

§ 5174

TITLE 42—THE PUBLIC HEALTH AND WELFARE

households to construct permanent or semipermanent housing in insular areas outside
the continental United States and in other locations in cases in which—
(A) no alternative housing resources are
available; and
(B) the types of temporary housing assistance described in paragraph (1) are unavailable, infeasible, or not cost-effective.
(d) Terms and conditions relating to housing assistance
(1) Sites
(A) In general
Any readily fabricated dwelling provided
under this section shall, whenever practicable, be located on a site that—
(i) is complete with utilities;
(ii) meets the physical accessibility requirements for individuals with disabilities; and
(iii) is provided by the State or local
government, by the owner of the site, or
by the occupant who was displaced by the
major disaster.
(B) Sites provided by the President
A readily fabricated dwelling may be located on a site provided by the President if
the President determines that such a site
would be more economical or accessible.
(2) Disposal of units
(A) Sale to occupants
(i) In general
Notwithstanding any other provision of
law, a temporary housing unit purchased
under this section by the President for the
purpose of housing disaster victims may be
sold directly to the individual or household who is occupying the unit if the individual or household lacks permanent housing.
(ii) Sale price
A sale of a temporary housing unit under
clause (i) shall be at a price that is fair
and equitable.
(iii) Deposit of proceeds
Notwithstanding any other provision of
law, the proceeds of a sale under clause (i)
shall be deposited in the appropriate Disaster Relief Fund account.
(iv) Hazard and flood insurance
A sale of a temporary housing unit under
clause (i) shall be made on the condition
that the individual or household purchasing the housing unit agrees to obtain and
maintain hazard and flood insurance on
the housing unit.
(v) Use of GSA services
The President may use the services of
the General Services Administration to accomplish a sale under clause (i).
(B) Other methods of disposal
If not disposed of under subparagraph (A),
a temporary housing unit purchased under
this section by the President for the purpose
of housing disaster victims—

Page 5066

(i) may be sold to any person; or
(ii) may be sold, transferred, donated, or
otherwise made available directly to a
State or other governmental entity or to a
voluntary organization for the sole purpose of providing temporary housing to
disaster victims in major disasters and
emergencies if, as a condition of the sale,
transfer, or donation, the State, other governmental agency, or voluntary organization agrees—
(I) to comply with the nondiscrimination provisions of section 5151 of this
title; and
(II) to obtain and maintain hazard and
flood insurance on the housing unit.
(e) Financial assistance to address other needs
(1) Medical, dental, and funeral expenses
The President, in consultation with the Governor of a State, may provide financial assistance under this section to an individual or
household in the State who is adversely affected by a major disaster to meet disaster-related medical, dental, and funeral expenses.
(2) Personal property, transportation, and
other expenses
The President, in consultation with the Governor of a State, may provide financial assistance under this section to an individual or
household described in paragraph (1) to address personal property, transportation, and
other necessary expenses or serious needs resulting from the major disaster.
(f) State role
(1) Financial assistance to address other needs
(A) Grant to State
Subject to subsection (g) of this section, a
Governor may request a grant from the
President to provide financial assistance to
individuals and households in the State
under subsection (e) of this section.
(B) Administrative costs
A State that receives a grant under subparagraph (A) may expend not more than 5
percent of the amount of the grant for the
administrative costs of providing financial
assistance to individuals and households in
the State under subsection (e) of this section.
(2) Access to records
In providing assistance to individuals and
households under this section, the President
shall provide for the substantial and ongoing
involvement of the States in which the individuals and households are located, including
by providing to the States access to the electronic records of individuals and households
receiving assistance under this section in
order for the States to make available any additional State and local assistance to the individuals and households.
(g) Cost sharing
(1) Federal share
Except as provided in paragraph (2), the Federal share of the costs eligible to be paid using
assistance provided under this section shall be
100 percent.

Page 5067

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(2) Financial assistance to address other needs
In the case of financial assistance provided
under subsection (e) of this section—
(A) the Federal share shall be 75 percent;
and
(B) the non-Federal share shall be paid
from funds made available by the State.
(h) Maximum amount of assistance
(1) In general
No individual or household shall receive financial assistance greater than $25,000 under
this section with respect to a single major disaster.
(2) Adjustment of limit
The limit established under paragraph (1)
shall be adjusted annually to reflect changes
in the Consumer Price Index for All Urban
Consumers published by the Department of
Labor.
(i) Verification measures
In carrying out this section, the President
shall develop a system, including an electronic
database, that shall allow the President, or the
designee of the President, to—
(1) verify the identity and address of recipients of assistance under this section to provide
reasonable assurance that payments are made
only to an individual or household that is eligible for such assistance;
(2) minimize the risk of making duplicative
payments or payments for fraudulent claims
under this section;
(3) collect any duplicate payment on a claim
under this section, or reduce the amount of
subsequent payments to offset the amount of
any such duplicate payment;
(4) provide instructions to recipients of assistance under this section regarding the proper use of any such assistance, regardless of
how such assistance is distributed; and
(5) conduct an expedited and simplified review and appeal process for an individual or
household whose application for assistance
under this section is denied.
(j) Rules and regulations
The President shall prescribe rules and regulations to carry out this section, including criteria, standards, and procedures for determining
eligibility for assistance.
(Pub. L. 93–288, title IV, § 408, as added Pub. L.
100–707, title I, § 106(d), Nov. 23, 1988, 102 Stat.
4702; amended Pub. L. 106–390, title II, § 206(a),
Oct. 30, 2000, 114 Stat. 1566; Pub. L. 109–295, title
VI, §§ 685, 686, 689(c), 689d, 696(c), Oct. 4, 2006, 120
Stat. 1447–1449, 1452, 1461.)
PRIOR PROVISIONS
A prior section 5174, Pub. L. 93–288, title IV, § 404, May
22, 1974, 88 Stat. 154, related to temporary housing assistance, prior to repeal by Pub. L. 100–707, § 106(d).
A prior section 408 of Pub. L. 93–288 was classified to
section 5178 of this title and to a note set out under section 5178 of this title prior to repeal by Pub. L. 100–707.
AMENDMENTS
2006—Subsec. (b)(1). Pub. L. 109–295, § 689(c)(1), inserted ‘‘, or with respect to individuals with disabilities, rendered inaccessible or uninhabitable,’’ after
‘‘uninhabitable’’.

§ 5177

Subsec. (c)(1)(A)(i). Pub. L. 109–295, § 689d(1), inserted
at end ‘‘Such assistance may include the payment of
the cost of utilities, excluding telephone service.’’
Subsec. (c)(1)(A)(ii). Pub. L. 109–295, § 689d(2), inserted
‘‘security deposits,’’ after ‘‘hookups,’’.
Subsec. (c)(2)(C). Pub. L. 109–295, § 686(1), struck out
subpar. (C) which read as follows: ‘‘The amount of assistance provided to a household under this paragraph
shall not exceed $5,000, as adjusted annually to reflect
changes in the Consumer Price Index for All Urban
Consumers published by the Department of Labor.’’
Subsec. (c)(3)(B), (C). Pub. L. 109–295, § 686(2), redesignated subpar. (C) as (B) and struck out former subpar.
(B) which read as follows: ‘‘The amount of assistance
provided to a household under this paragraph shall not
exceed $10,000, as adjusted annually to reflect changes
in the Consumer Price Index for All Urban Consumers
published by the Department of Labor.’’
Subsec. (c)(4). Pub. L. 109–295, § 685, in introductory
provisions, inserted ‘‘or semi-permanent’’ after ‘‘permanent’’ and struck out ‘‘remote’’ before ‘‘locations’’.
Subsec. (d)(1)(A)(ii), (iii). Pub. L. 109–295, § 689(c)(2),
added cl. (ii) and redesignated former cl. (ii) as (iii).
Subsecs. (i), (j). Pub. L. 109–295, § 696(c), added subsec.
(i) and redesignated former subsec. (i) as (j).
2000–Pub. L. 106–390 amended section catchline and
text generally. Prior to amendment, text provided for
temporary housing assistance through provision of
temporary housing, temporary mortgage and rental
payment assistance, expenditures to repair or restore
owner-occupied private residential structures made uninhabitable by a major disaster which are capable of
being restored quickly, and transfer of temporary housing to occupants or to States, local governments, and
voluntary organizations, required notification to applicants for assistance, and set out location factors to be
given consideration in the provision of assistance.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–390, title II, § 206(d), Oct. 30, 2000, 114 Stat.
1571, provided that: ‘‘The amendments made by this
section [amending this section and section 5192 of this
title and repealing section 5178 of this title] take effect
18 months after the date of the enactment of this Act
[Oct. 30, 2000].’’

§ 5175. Repealed. Pub. L. 100–707, title
§ 105(m)(2), Nov. 23, 1988, 102 Stat. 4696

I,

Section, Pub. L. 93–288, title IV, § 405, May 22, 1974, 88
Stat. 155, related to protection of environment.

§ 5176. Repealed. Pub. L. 106–390, title
§ 104(c)(2), Oct. 30, 2000, 114 Stat. 1559

I,

Section, Pub. L. 93–288, title IV, § 409, formerly § 406,
May 22, 1974, 88 Stat. 155; renumbered § 409, Pub. L.
100–707, title I, § 106(e), Nov. 23, 1988, 102 Stat. 4703, related to minimum standards for public and private
structures.
A prior section 409 of Pub. L. 93–288 was renumbered
section 412 by Pub. L. 100–707 and is classified to section
5179 of this title.

§ 5177. Unemployment assistance
(a) Benefit assistance
The President is authorized to provide to any
individual unemployed as a result of a major
disaster such benefit assistance as he deems appropriate while such individual is unemployed
for the weeks of such unemployment with respect to which the individual is not entitled to
any other unemployment compensation (as that
term is defined in section 85(b) of title 26) or
waiting period credit. Such assistance as the
President shall provide shall be available to an
individual as long as the individual’s unemploy-

§ 5177a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

ment caused by the major disaster continues or
until the individual is reemployed in a suitable
position, but no longer than 26 weeks after the
major disaster is declared. Such assistance for a
week of unemployment shall not exceed the
maximum weekly amount authorized under the
unemployment compensation law of the State in
which the disaster occurred. The President is directed to provide such assistance through agreements with States which, in his judgment, have
an adequate system for administering such assistance through existing State agencies.
(b) Reemployment assistance
(1) State assistance
A State shall provide, without reimbursement from any funds provided under this chapter, reemployment assistance services under
any other law administered by the State to individuals receiving benefits under this section.
(2) Federal assistance
The President may provide reemployment
assistance services under other laws to individuals who are unemployed as a result of a
major disaster and who reside in a State which
does not provide such services.
(Pub. L. 93–288, title IV, § 410, formerly § 407, May
22, 1974, 88 Stat. 156; renumbered § 410 and
amended Pub. L. 100–707, title I, § 106(e), (f), Nov.
23, 1988, 102 Stat. 4703, 4704.)
PRIOR PROVISIONS
A prior section 410 of Pub. L. 93–288 was renumbered
section 413 by Pub. L. 100–707 and is classified to section
5180 of this title.
AMENDMENTS
1988—Subsec. (a). Pub. L. 100–707, § 106(f)(1)–(3), inserted ‘‘for the weeks of such unemployment with respect to which the individual is not entitled to any
other unemployment compensation (as that term is defined in section 85(b) of title 26) or waiting period credit’’ for ‘‘is unemployed’’ before period at end of first
sentence, substituted ‘‘26 weeks’’ for ‘‘one year’’ in second sentence, and substituted ‘‘occurred’’ for ‘‘occurred, and the amount of assistance under this section
to any such individual for a week of unemployment
shall be reduced by any amount of unemployment compensation or of private income protection insurance
compensation available to such individual for such
week of unemployment’’ in third sentence.
Subsec. (b). Pub. L. 100–707, § 106(f)(4), inserted heading and amended text generally. Prior to amendment,
text read as follows: ‘‘The President is further authorized for the purposes of this chapter to provide reemployment assistance services under other laws to individuals who are unemployed as a result of a major disaster.’’

§ 5177a. Emergency grants to assist low-income
migrant and seasonal farmworkers
(a) In general
The Secretary of Agriculture may make
grants to public agencies or private organizations with tax exempt status under section
501(c)(3) of title 26, that have experience in providing emergency services to low-income migrant and seasonal farmworkers where the Secretary determines that a local, State or national
emergency or disaster has caused low-income
migrant or seasonal farmworkers to lose income, to be unable to work, or to stay home or

Page 5068

return home in anticipation of work shortages.
Emergency services to be provided with assistance received under this section may include
such types of assistance as the Secretary of Agriculture determines to be necessary and appropriate.
(b) ‘‘Low-income migrant or seasonal farmworker’’ defined
For the purposes of this section, the term
‘‘low-income migrant or seasonal farmworker’’
means an individual—
(1) who has, during any consecutive 12
month period within the preceding 24 month
period, performed farm work for wages;
(2) who has received not less than one-half of
such individual’s total income, or been employed at least one-half of total work time in
farm work; and
(3) whose annual family income within the
12 month period referred to in paragraph (1)
does not exceed the higher of the poverty level
or 70 percent of the lower living standard income level.
(c) Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out this section.
(Pub. L. 101–624, title XXII, § 2281, Nov. 28, 1990,
104 Stat. 3978; Pub. L. 107–171, title X, § 10102,
May 13, 2002, 116 Stat. 488.)
CODIFICATION
Section was enacted as part of the Food, Agriculture,
Conservation, and Trade Act of 1990, and not as part of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act which comprises this chapter.
AMENDMENTS
2002—Subsec. (a). Pub. L. 107–171 struck out ‘‘, not to
exceed $20,000,000 annually,’’ after ‘‘Secretary of Agriculture may make grants’’.

§ 5178. Repealed. Pub. L. 106–390, title II, § 206(c),
Oct. 30, 2000, 114 Stat. 1571
Section, Pub. L. 93–288, title IV, § 411, as added Pub.
L. 100–707, title I, § 106(g), Nov. 23, 1988, 102 Stat. 4704, related to individual and family grant programs.
EFFECTIVE DATE OF REPEAL
Repeal effective 18 months after Oct. 30, 2000, see section 206(d) of Pub. L. 106–390, set out as an Effective
Date of 2000 Amendment note under section 5174 of this
title.
PRIOR PROVISIONS
A prior section 5178, Pub. L. 93–288, title IV, § 408, May
22, 1974, 88 Stat. 156, related to individual and family
grant programs, prior to repeal by Pub. L. 100–707,
§ 106(g).
A prior section 411 of Pub. L. 93–288 was renumbered
section 414 by Pub. L. 100–707 and is classified to section
5181 of this title.

§ 5179. Benefits and distribution
(a) Persons eligible; terms and conditions
Whenever the President determines that, as a
result of a major disaster, low-income households are unable to purchase adequate amounts
of nutritious food, he is authorized, under such
terms and conditions as he may prescribe, to

Page 5069

TITLE 42—THE PUBLIC HEALTH AND WELFARE

distribute through the Secretary of Agriculture
or other appropriate agencies benefit allotments
to such households pursuant to the provisions of
the Food and Nutrition Act of 2008 of 1964 1 (P.L.
91–671; 84 Stat. 2048) [7 U.S.C. 2011 et seq.] and to
make surplus commodities available pursuant to
the provisions of this chapter.
(b) Duration of assistance; factors considered
The President, through the Secretary of Agriculture or other appropriate agencies, is authorized to continue to make such benefit allotments and surplus commodities available to
such households for so long as he determines
necessary, taking into consideration such factors as he deems appropriate, including the consequences of the major disaster on the earning
power of the households, to which assistance is
made available under this section.
(c) Food and Nutrition Act provisions unaffected
Nothing in this section shall be construed as
amending or otherwise changing the provisions
of the Food and Nutrition Act of 2008 of 1964 1 [7
U.S.C. 2011 et seq.] except as they relate to the
availability of supplemental nutrition assistance program benefits in an area affected by a
major disaster.
(Pub. L. 93–288, title IV, § 412, formerly § 409, May
22, 1974, 88 Stat. 157; renumbered § 412, Pub. L.
100–707, title I, § 106(h), Nov. 23, 1988, 102 Stat.
4705; Pub. L. 110–234, title IV, §§ 4002(b)(1)(C), (E),
(2)(DD), 4115(c)(1)(A)(ii), (iv), (B)(v), May 22, 2008,
122 Stat. 1096, 1097, 1109; Pub. L. 110–246, § 4(a),
title
IV,
§§ 4002(b)(1)(C),
(E),
(2)(DD),
4115(c)(1)(A)(ii), (iv), (B)(v), June 18, 2008, 122
Stat. 1664, 1857, 1859, 1870, 1871.)
REFERENCES IN TEXT
The Food and Nutrition Act of 2008, referred to in
subsecs. (a) and (c), is Pub. L. 88–525, Aug. 31, 1964, 78
Stat. 703, which is classified generally to chapter 51
(§ 2011 et seq.) of Title 7, Agriculture. For complete
classification of this Act to the Code, see Short Title
note set out under section 2011 of Title 7 and Tables.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
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.
AMENDMENTS
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’’.
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
1 So

in original. See 2008 Amendment note below.

§ 5182

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
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.

§ 5180. Food commodities
(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.
(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.)
REFERENCES IN TEXT
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.
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

§ 5183

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.
(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.)
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 substantial 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 govern-

Page 5070

ment 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.
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’’
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

Page 5071

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.
‘‘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.

§ 5188

§ 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.
(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 Sec-

§ 5189

TITLE 42—THE PUBLIC HEALTH AND WELFARE

retary 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 necessary to salvage the value of timber damaged
in such major disaster or to protect undamaged
timber.
(d) State grants for removal of damaged timber;
reimbursement of expenses limited to salvage value of removed timber
The President, when he determines it to be in
the public interest, is authorized to make grants
to any State or local government for the purpose of removing from privately owned lands
timber damaged as a result of a major disaster,
and such State or local government is authorized upon application, to make payments out of
such grants to any person for reimbursement of
expenses actually incurred by such person in the
removal of damaged timber, not to exceed the
amount that such expenses exceed the salvage
value of such timber.

Page 5072

(1) repairing, restoring, reconstructing, or
replacing under section 5172 of this title any
damaged or destroyed public facility or private nonprofit facility,
(2) emergency assistance under section 5170b
or 5192 of this title, or
(3) debris removed under section 5173 of this
title,
is less than $35,000, the President (on application
of the State or local government or the owner or
operator of the private nonprofit facility) may
make the contribution to such State or local
government or owner or operator under section
5170b, 5172, 5173, or 5192 of this title, as the case
may be, on the basis of such Federal estimate.
Such $35,000 amount shall be adjusted annually
to reflect changes in the Consumer Price Index
for All Urban Consumers published by the Department of Labor.
(Pub. L. 93–288, title IV, § 422, as added Pub. L.
100–707, title I, § 106(k), Nov. 23, 1988, 102 Stat.
4705.)
PRIOR PROVISIONS
A prior section 5189, Pub. L. 93–288, title IV, § 419, May
22, 1974, 88 Stat. 159, related to alternate contributions,
prior to repeal by Pub. L. 100–707, § 106(k).

§ 5189a. Appeals of assistance decisions
(a) Right of appeal
Any decision regarding eligibility for, from, or
amount of assistance under this subchapter may
be appealed within 60 days after the date on
which the applicant for such assistance is notified of the award or denial of award of such assistance.
(b) Period for decision
A decision regarding an appeal under subsection (a) of this section shall be rendered within 90 days after the date on which the Federal
official designated to administer such appeals
receives notice of such appeal.
(c) Rules
The President shall issue rules which provide
for the fair and impartial consideration of appeals under this section.
(Pub. L. 93–288, title IV, § 423, as added Pub. L.
100–707, title I, § 106(l), Nov. 23, 1988, 102 Stat.
4705.)
§ 5189b. Date of eligibility; expenses incurred before date of disaster

REFERENCES IN TEXT

Eligibility for Federal assistance under this
subchapter shall begin on the date of the occurrence of the event which results in a declaration
by the President that a major disaster exists;
except that reasonable expenses which are incurred in anticipation of and immediately preceding such event may be eligible for Federal assistance under this chapter.

Section 476 of title 16, referred to in subsec. (c), was
repealed by Pub. L. 94–588, § 13, Oct. 22, 1976, 90 Stat.
2958.

(Pub. L. 93–288, title IV, § 424, as added Pub. L.
100–707, title I, § 106(l), Nov. 23, 1988, 102 Stat.
4706.)

§ 5189. Simplified procedure

§ 5189c. Transportation assistance to individuals
and households

(Pub. L. 93–288, title IV, § 421, formerly § 418, May
22, 1974, 88 Stat. 158; renumbered § 421, Pub. L.
100–707, title I, § 106(j), Nov. 23, 1988, 102 Stat.
4705.)

If the Federal estimate of the cost of—
1 See

References in Text note below.

The President may provide transportation assistance to relocate individuals displaced from

Page 5073

TITLE 42—THE PUBLIC HEALTH AND WELFARE

their predisaster primary residences as a result
of an incident declared under this chapter or
otherwise transported from their predisaster
primary residences under section 5170b(a)(3) or
5192 of this title, to and from alternative locations for short or long-term accommodation or
to return an individual or household to their
predisaster primary residence or alternative location, as determined necessary by the President.
(Pub. L. 93–288, title IV, § 425, as added Pub. L.
109–295, title VI, § 689f, Oct. 4, 2006, 120 Stat. 1452.)
REFERENCES IN TEXT
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.
CODIFICATION
Another section 425 of Pub. L. 93–288 is classified to
section 5189e of this title.

§ 5189d. Case management services
The President may provide case management
services, including financial assistance, to State
or local government agencies or qualified private organizations to provide such services, to
victims of major disasters to identify and address unmet needs.
(Pub. L. 93–288, title IV, § 426, as added Pub. L.
109–295, title VI, § 689f, Oct. 4, 2006, 120 Stat. 1453.)
§ 5189e. Essential service providers
(a) Definition
In this section, the term ‘‘essential service
provider’’ means an entity that—
(1) provides—
(A) telecommunications service;
(B) electrical power;
(C) natural gas;
(D) water and sewer services; or
(E) any other essential service, as determined by the President;
(2) is—
(A) a municipal entity;
(B) a nonprofit entity; or
(C) a private, for profit entity; and
(3) is contributing to efforts to respond to an
emergency or major disaster.
(b) Authorization for accessibility
Unless exceptional circumstances apply, in an
emergency or major disaster, the head of a Federal agency, to the greatest extent practicable,
shall not—
(1) deny or impede access to the disaster site
to an essential service provider whose access
is necessary to restore and repair an essential
service; or
(2) impede the restoration or repair of the
services described in subsection (a)(1).
(c) Implementation
In implementing this section, the head of a
Federal agency shall follow all applicable Federal laws, regulations, and policies.
(Pub. L. 93–288, title IV, § 425, as added Pub. L.
109–347, title VI, § 607, Oct. 13, 2006, 120 Stat.
1941.)

§ 5192

CODIFICATION
Another section 425 of Pub. L. 93–288 is classified to
section 5189c of this title.

SUBCHAPTER IV–A—EMERGENCY
ASSISTANCE PROGRAMS
§ 5191. Procedure for declaration
(a) Request and declaration
All requests for a declaration by the President
that an emergency exists shall be made by the
Governor of the affected State. Such a request
shall be based on a finding that the situation is
of such severity and magnitude that effective response is beyond the capabilities of the State
and the affected local governments and that
Federal assistance is necessary. As a part of
such request, and as a prerequisite to emergency
assistance under this chapter, the Governor
shall take appropriate action under State law
and direct execution of the State’s emergency
plan. The Governor shall furnish information describing the State and local efforts and resources which have been or will be used to alleviate the emergency, and will define the type
and extent of Federal aid required. Based upon
such Governor’s request, the President may declare that an emergency exists.
(b) Certain emergencies involving Federal primary responsibility
The President may exercise any authority
vested in him by section 5192 of this title or section 5193 of this title with respect to an emergency when he determines that an emergency
exists for which the primary responsibility for
response rests with the United States because
the emergency involves a subject area for which,
under the Constitution or laws of the United
States, the United States exercises exclusive or
preeminent responsibility and authority. In determining whether or not such an emergency exists, the President shall consult the Governor of
any affected State, if practicable. The President’s determination may be made without regard to subsection (a) of this section.
(Pub. L. 93–288, title V, § 501, as added Pub. L.
100–707, title I, § 107(a), Nov. 23, 1988, 102 Stat.
4706.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
1974, 88 Stat. 143, as amended. 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 501 of Pub. L. 93–288 enacted subchapter VIII (§ 3231 et seq.) of chapter 38 of this title.

§ 5192. Federal emergency assistance
(a) Specified
In any emergency, the President may—
(1) direct any Federal agency, with or without reimbursement, to utilize its authorities
and the resources granted to it under Federal
law (including personnel, equipment, supplies,
facilities, and managerial, technical and advisory services) in support of State and local