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42 U.S.C. § 5171 — Federal facilities
Federal law — U.S. Code and appendices · legal_authorities
**(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.
**(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.
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Stable record: federal_law:legal_authorities:record_usc_49184f363606f5d579f0f38e
Source file: Laws/federal/codes/united-states-code/title-42/section-5171-federal-facilities--ec27395ddd.md
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Source location: Title 42, Chapter 68, § 5171; chapter-068-disaster-relief.md
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**(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.
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 93–288, title IV, § 405, May 22, 1974, 88 Stat. 155, related to protection of environment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5175
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal agency actions and consultations**
(1) The Secretary shall review other programs administered by him and utilize such programs in furtherance of the purposes of this chapter. All other Federal agencies shall, in consultation with and with the assistance of the Secretary, utilize their authorities in furtherance of the purposes of this chapter by carrying out programs for the conservation of endangered species and threatened species listed pursuant to [section 1533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim).
(2) Each Federal agency shall, in consultation with and with the assistance of the Secretary, insure that any action authorized, funded, or carried out by such agency (hereinafter in this section referred to as an “agency action”) is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat of such species which is determined by the Secretary, after consultation as appropriate with affected States, to be critical, unless such agency has been granted an exemption for such action by the Committee pursuant to subsection (h) of this section. In fulfilling the requirements of this paragraph each agency shall use the best scientific and commercial data available.
(3) Subject to such guidelines as the Secretary may establish, a Federal agency shall consult with the Secretary on any prospective agency action at the request of, and in cooperation with, the prospective permit or license applicant if the applicant has reason to believe that an endangered species or a threatened species may be present in the area affected by his project and that implementation of such action will likely
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1536
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** 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.
**(b) Indian tribal government requests**
(1) **In general** — The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that a major disaster exists consistent with the requirements of subsection (a).
(2) **References** — In implementing assistance authorized by the President under this chapter in response to a request of the Chief Executive of an affected Indian tribal government for a major disaster declaration, any reference in this subchapter or subchapter III (except sections 5153 and 5165d of this title) to a State or the Governor of a State is deemed to refer to a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5170
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this subchapter is to provide a system of emergency preparedness for the protection of life and property in the United States from hazards and to vest responsibility for emergency preparedness jointly in the Federal Government and the States and their political subdivisions. The Congress recognizes that the organizational structure established jointly by the Federal Government and the States and their political subdivisions for emergency preparedness purposes can be effectively utilized to provide relief and assistance to people in areas of the United States struck by a hazard. The Federal Government shall provide necessary direction, coordination, and guidance, and shall provide necessary assistance, as authorized in this subchapter so that a comprehensive emergency preparedness system exists for all hazards.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5196
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Federal law — U.S. Code and appendices · legal_authorities
Page 6398
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5171
tion 404 pursuant to this subsection, no further Federal
funding shall be provided for construction of such
project.’’
GUIDANCE ON HAZARD MITIGATION ASSISTANCE
Pub. L. 115–254, div. D, § 1231, Oct. 5, 2018, 132 Stat.
3459, provided that:
‘‘(a) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act [Oct. 5, 2018], the Admin-
istrator [of the Federal Emergency Management Agen-
cy] shall issue guidance regarding the acquisition of
property for open space as a mitigation measure under
section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c) that in-
cludes—
‘‘(1) a process by which the State hazard mitigation
officer appointed for such an acquisition shall, not
later than 60 days after the applicant for assistance
enters into an agreement with the Administrator re-
garding the acquisition, provide written notification
to each affected unit of local government for such ac-
quisition that includes—
‘‘(A) the location of the acquisition;
‘‘(B) the State-local assistance agreement for the
hazard mitigation grant program;
‘‘(C) a description of the acquisition; and
‘‘(D) a copy of the deed restriction; and
‘‘(2) recommendations for entering into and imple-
menting a memorandum of understanding between
units of local government and covered entities that
includes provisions to allow an affected unit of local
government notified under paragraph (1) to—
‘‘(A) use and maintain the open space created by
such a project, consistent with section 404 [42 U.S.C.
5170c] (including related regulations, standards, and
guidance) and consistent with all adjoining prop-
erty, subject to the notification of the adjoining
property, so long as the cost of
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5171
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