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42 U.S.C. § 5189 — Simplified procedure
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** If the Federal estimate of the cost of—
(1) repairing, restoring, reconstructing, or replacing under [section 5172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5172&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5173&num=0&edition=prelim),
is less than $1,000,000 (or, if the Administrator has established a threshold under subsection (b), the amount established under subsection (b)), 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 $1,000,000 amount or, if applicable, the amount established under subsection (b), shall be adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor.
**(b) Threshold**
(1) **Report** — Not later than 1 year after January 29, 2013, the President, acting through the Administrator of the Federal Emergency Management Agency (in this section referred to as the “Administrator”), shall—
(A) complete an analysis to determine whether an increase in the threshold for eligibility under subsection (a) is appropriate, which shall include consideration of cost-effectiveness, speed of recovery, capacity of grantees, past performance, and accountability measures; and
(B) submit to the Committee on Transpo
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Stable record: federal_law:legal_authorities:record_usc_31f34b4807b039551887c2f1
Source file: Laws/federal/codes/united-states-code/title-42/section-5189-simplified-procedure--d9185c15a4.md
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Source location: Title 42, Chapter 68, § 5189; chapter-068-disaster-relief.md
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**(a) In general** If the Federal estimate of the cost of—
(1) repairing, restoring, reconstructing, or replacing under [section 5172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5172&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5173&num=0&edition=prelim),
is less than $1,000,000 (or, if the Administrator has established a threshold under subsection (b), the amount established under subsection (b)), 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 $1,000,000 amount or, if applicable, the amount established under subsection (b), shall be adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor.
**(b) Threshold**
(1) **Report** — Not later than 1 year after January 29, 2013, the President, acting through the Administrator of the Federal Emergency Management Agency (in this section referred to as the “Administrator”), shall—
(A) complete an analysis to determine whether an increase in the threshold for eligibility under subsection (a) is appropriate, which shall include consideration of cost-effectiveness, speed of recovery, capacity of grantees, past performance, and accountability measures; and
(B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the analysis conducted under subparagraph (A).
(2) **Amount** — After the Administrator submits the report required under paragraph (1), the President shall direct the Administrator to—
(A) immediately establish a threshold for eligibility under this section in an appropriate amount, without regard to chapter 5 of title 5; and
(B) adjust the threshold annually to reflect changes in the Consumer Price Index for all Urban Consumers published by the Department of Labor.
(3) **Review and report** — Not later than 3 years after the date on which the Administrator establishes a threshold under paragraph (2), and every 3 years thereafter, the President, acting through the Administrator, shall review the threshold for eligibility under this section and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding such review, including any recommendations developed pursuant to such review.
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Federal law — U.S. Code and appendices · legal_authorities
**(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;
(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; and
(D) base and overtime wages for extra hires to facilitate the implementation and enforcement of adopted building codes for a period of not more than 180 days after the major disaster is declared.
(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—
(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5172
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Federal law — U.S. Code and appendices · legal_authorities
**(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 debris 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 late
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5173
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress hereby finds and declares that—
(1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and
(2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity;
special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary.
**(b)** It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by—
(1) revising and broadening the scope of existing disaster relief programs;
(2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments;
(3) achieving greater coordination and responsiveness of disaster preparedness and relief programs;
(4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance;
(5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations;
(6) providing Federal assistance programs for both public and private losses sustained in disasters; and
(7) identifying and improving the climate and natural hazard resilience of vulnerable communities.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5121
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicants for replacement of damaged facilities**
(1) **Compliance with certain regulations** — An applicant for assistance under [section 5172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5172&num=0&edition=prelim) (relating to repair, restoration, and replacement of damaged facilities), [section 5189 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5189&num=0&edition=prelim) (relating to simplified procedure) or [section 3149(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3149/c/2&num=0&edition=prelim) shall comply with regulations prescribed by the President to assure that, with respect to any property to be replaced, restored, repaired, or constructed with such assistance, such types and extent of insurance will be obtained and maintained as may be reasonably available, adequate, and necessary, to protect against future loss to such property.
(2) **Determination** — In making a determination with respect to availability, adequacy, and necessity under paragraph (1), the President shall not require greater types and extent of insurance than are certified to him as reasonable by the appropriate State insurance commissioner responsible for regulation of such insurance.
**(b) Maintenance of insurance** No applicant for assistance under [section 5172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5172&num=0&edition=prelim) (relating to repair, restoration, and replacement of damaged facilities), [section 5189 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5189&num=0&edition=prelim) (relating to simplified procedure), or [section 3149(c)(2)
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5154
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Federal law — U.S. Code and appendices · legal_authorities
An action which is taken or assistance which is provided pursuant to section 5170a, 5170b, 5172, 5173, or 5192 of this title, including such assistance provided pursuant to the procedures provided for in [section 5189 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5189&num=0&edition=prelim), which has the effect of restoring a facility substantially to its condition prior to the disaster or emergency, shall not be deemed a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (83 Stat. 852) [[42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.]. Nothing in this section shall alter or affect the applicability of the National Environmental Policy Act of 1969 to other Federal actions taken under this chapter or under any other provisions of law.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5159
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5186
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Federal law — U.S. Code and appendices · legal_authorities
Page 6419
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5189
1 See References in Text note below.
(c) Public notice of sale
The Secretary of Agriculture is authorized to
reduce to seven days the minimum period of ad-
vance 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 nec-
essary 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 sal-
vage 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 pur-
pose of removing from privately owned lands
timber damaged as a result of a major disaster,
and such State or local government is author-
ized 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.
(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.)
Editorial Notes
REFERENCES IN TEXT
Section 476 of title 16, referred to in subsec. (c), was
repealed by Pub. L. 94–588, § 13, Oct. 22, 1976, 90 Stat.
2958.
§ 5189. Simplified procedure
(a) In general
If the Federal estimate of the cost of—
(1)
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5189
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.