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42 U.S.C. § 5189g — Unified Federal review

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5189g — Unified Federal review

**(a) In general** Not later than 18 months after January 29, 2013, and in consultation with the Council on Environmental Quality and the Advisory Council on Historic Preservation, the President shall establish an expedited and unified interagency review process to ensure compliance with environmental and historic requirements under Federal law relating to disaster recovery projects, in order to expedite the recovery process, consistent with applicable law. **(b) Contents** The review process established under this section shall include mechanisms to expeditiously address delays that may occur during the recovery from a major disaster and be updated, as appropriate, consistent with applicable law.

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Stable record: federal_law:legal_authorities:record_usc_53685881d22682a306c47f8e
Source file: Laws/federal/codes/united-states-code/title-42/section-5189g-unified-federal-review--bc253ca87f.md
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Source location: Title 42, Chapter 68, § 5189g; chapter-068-disaster-relief.md

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**(a) In general** Not later than 18 months after January 29, 2013, and in consultation with the Council on Environmental Quality and the Advisory Council on Historic Preservation, the President shall establish an expedited and unified interagency review process to ensure compliance with environmental and historic requirements under Federal law relating to disaster recovery projects, in order to expedite the recovery process, consistent with applicable law. **(b) Contents** The review process established under this section shall include mechanisms to expeditiously address delays that may occur during the recovery from a major disaster and be updated, as appropriate, consistent with applicable law.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5170 — Procedure for declaration

**(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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5189g — Unified Federal review

Page 6424 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5189g and any recommendations for changes to the alternative procedures. (Pub. L. 93–288, title IV, § 428, as added Pub. L. 113–2, div. B, § 1102(2), Jan. 29, 2013, 127 Stat. 39; amended Pub. L. 115–254, div. D, § 1207(c), (d), Oct. 5, 2018, 132 Stat. 3440, 3441.) Editorial Notes REFERENCES IN TEXT The date of enactment of this Act, referred to in sub- sec. (a), probably means the date of enactment of Pub. L. 113–2, which enacted this section and was approved Jan. 29, 2013. This chapter, referred to in subsec. (d)(2), 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 sec- tion 5121 of this title and Tables. The Fair Labor Standards Act of 1938, referred to in subsec. (g), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables. AMENDMENTS 2018—Subsec. (d). Pub. L. 115–254, § 1207(c), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (e)(1)(G). Pub. L. 115–254, § 1207(d), added sub- par. (G). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the Presi- dent on or after Aug. 1, 2017, and authorities provided under div. D of Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Jan. 1, 2016, except as otherwise provided, see sec- tion 1202 of Pub. L. 115–254, set out as a note under sec- tion 5121 of this title. § 5

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