Browse Arkansas Code titles and sections

42 U.S.C. § 5170c — Hazard mitigation

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

42 U.S.C. § 5170c — Hazard mitigation

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5170c

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 60c6a6e23c4fbcd210b92c15c17d6991c419c6081c477bee4cd10db8de2db04f. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_7514ce931880a8be1ea50b9a
Source file: Laws/federal/codes/united-states-code/title-42/section-5170c-hazard-mitigation--88653dc3f5.md
Pages: Not recorded – Not recorded
Passage SHA-256: 24528294c2d7afd73ce17184ac133a0ade39210c853be985b0bcc1f2de940691

Source location: Title 42, Chapter 68, § 5170c; chapter-068-disaster-relief.md

Stored source content

**(a) In general** The President may contribute up to 75 percent of the cost of hazard mitigation measures which the President has determined are cost effective and which substantially reduce the risk of, or increase resilience to, future damage, hardship, loss, or suffering in any area affected by a major disaster, or any area affected by a fire for which assistance was provided under [section 5187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5187&num=0&edition=prelim). Such measures shall be identified following the evaluation of natural hazards under [section 5165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5165&num=0&edition=prelim) and shall be subject to approval by the President. Subject to [section 5165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5165&num=0&edition=prelim), the total of contributions under this section for a major disaster or event under [section 5187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5187&num=0&edition=prelim) 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 or event under [section 5187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5187&num=0&edition=prelim). **(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); 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 (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). Until such time as the Administrator promulgates regulations to implement this paragraph, the Administrator may waive notice and comment rulemaking, if the Administrator determines doing so is necessary to expeditiously implement this section, and may carry out this section as a pilot program. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5165&num=0&edition=prelim); 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. **(d) Streamlined procedures** (1) **In general** — For the purpose of providing assistance under this section, the President shall ensure that— (A) adequate resources are devoted to ensure that applicable environmental reviews under the National Environmental Policy Act of 1969 [[42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.] and historic preservation reviews under the National Historic Preservation Act 11 See References in Text note below. are completed on an expeditious basis; and (B) the shortest existing applicable process under the National Environmental Policy Act of 1969 [[42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.] and the National Historic Preservation Act 1 is utilized. (2) **Authority for other expedited procedures** — The President may utilize expedited procedures in addition to those required under paragraph (1) for the purpose of providing assistance under this section, such as procedures under the Prototype Programmatic Agreement of the Federal Emergency Management Agency, for the consideration of multiple structures as a group and for an analysis of the cost-effectiveness and fulfillment of cost-share requirements for proposed hazard mitigation measures. **(e) Advance assistance** The President may provide not more than 25 percent of the amount of the estimated cost of hazard mitigation measures to a State grantee eligible for a grant under this section before eligible costs are incurred. **(f) Use of assistance** Recipients of hazard mitigation assistance provided under this section and [section 5133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5133&num=0&edition=prelim) may use the assistance to conduct activities to help reduce the risk of future damage, hardship, loss, or suffering in any area affected by a wildfire or windstorm, such as— (1) reseeding ground cover with quick-growing or native species; (2) mulching with straw or chipped wood; (3) constructing straw, rock, or log dams in small tributaries to prevent flooding; (4) placing logs and other erosion barriers to catch sediment on hill slopes; (5) installing debris traps to modify road and trail drainage mechanisms; (6) modifying or removing culverts to allow drainage to flow freely; (7) adding drainage dips and constructing emergency spillways to keep roads and bridges from washing out during floods; (8) planting grass to prevent the spread of noxious weeds; (9) installing warning signs; (10) establishing defensible space measures; (11) reducing hazardous fuels; (12) mitigating windstorm and wildfire damage, including— (A) replacing or installing electrical transmission or distribution utility pole structures with poles that are resilient to extreme wind, wildfire, and combined ice and wind loadings for the basic wind speeds and ice conditions associated with the relevant location; and (B) the installation of fire-resistant wires and infrastructure and the undergrounding of wires; (13) removing standing burned trees; and (14) replacing water systems that have been burned and have caused contamination. **(g) Use of assistance for earthquake hazards** Recipients of hazard mitigation assistance provided under this section and [section 5133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5133&num=0&edition=prelim) may use the assistance to conduct activities to help reduce the risk of future damage, hardship, loss, or suffering in any area affected by earthquake hazards, including— (1) improvements to regional seismic networks in support of building a capability for earthquake early warning; (2) improvements to geodetic networks in support of building a capability for earthquake early warning; and (3) improvements to seismometers, Global Positioning System receivers, and associated infrastructure in support of building a capability for earthquake early warning.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

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

42 U.S.C. § 4104c — Repealed. Pub. L. 103–325, title V, § 551(a), Sept. 23, 1994, 108 Stat. 2269

### Statutory Notes Section, Pub. L. 90–448, title XIII, § 1362, Aug. 1, 1968, 82 Stat. 588; Pub. L. 95–128, title VII, § 704(b), Oct. 12, 1977, 91 Stat. 1145; Pub. L. 98–181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229, related to purchase, by Director, of insured properties damaged substantially beyond repair by flood, for subsequent transfer to State or local agency upon negotiated conditions. #### Savings Provision Pub. L. 103–325, title V, § 551(c), Sept. 23, 1994, 108 Stat. 2269, required the Director of the Federal Emergency Management Agency to comply with any purchase or loan commitment entered into before the expiration of the 1-year period beginning on Sept. 23, 1994, pursuant to authority under this section or section 551(b) of Pub. L. 103–325. #### Transition Phase Pub. L. 103–325, title V, § 551(b), Sept. 23, 1994, 108 Stat. 2269, permitted the Director of the Federal Emergency Management Agency to enter into loan and purchase commitments as provided under this section (as in effect immediately before the enactment of Pub. L. 103–325) during the 1-year period beginning on Sept. 23, 1994.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4104c

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

42 U.S.C. § 5165 — Mitigation planning

**(a) Requirement of mitigation plan** As a condition of receipt of an increased Federal share for hazard mitigation measures under subsection (e), a State, local, or tribal government shall develop and submit for approval to the President a mitigation plan that outlines processes for identifying the natural hazards, risks, and vulnerabilities of the area under the jurisdiction of the government. **(b) Local and tribal plans** Each mitigation plan developed by a local or tribal government shall— (1) describe actions to mitigate hazards, risks, and vulnerabilities identified under the plan; and (2) establish a strategy to implement those actions. **(c) State plans** The State process of development of a mitigation plan under this section shall— (1) identify the natural hazards, risks, and vulnerabilities of areas in the State; (2) support development of local mitigation plans; (3) provide for technical assistance to local and tribal governments for mitigation planning; and (4) identify and prioritize mitigation actions that the State will support, as resources become available. **(d) Funding** (1) **In general** — Federal contributions under [section 5170c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170c&num=0&edition=prelim) may be used to fund the development and updating of mitigation plans under this section. (2) **Maximum Federal contribution** — With respect to any mitigation plan, a State, local, or tribal government may use an amount of Federal contributions under [section 5170c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170c&num=0&edition=prelim) not to exceed 7 percent of the amount of such contributions available to the government as of a date determined

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5165

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

42 U.S.C. § 18851 — Model guidance for combined heat and power systems and waste heat to power systems

**(a) Definitions** In this section: (1) **Additional services** — The term “additional services” means the provision of supplementary power, backup or standby power, maintenance power, or interruptible power to an electric consumer by an electric utility. (2) **Waste heat to power system** — The term “waste heat to power system” means a system that generates electricity through the recovery of waste energy. (3) **Other terms** (A) *Purpa* — The terms “electric consumer”, “electric utility”, “interconnection service”, “nonregulated electric utility”, and “State regulatory authority” have the meanings given those terms in the Public Utility Regulatory Policies Act of 1978 ([16 U.S.C. 2601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2601&num=0&edition=prelim) et seq.), within the meaning of title I of that Act ([16 U.S.C. 2611](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2611&num=0&edition=prelim) et seq.). (B) *EPCA* — The terms “combined heat and power system” and “waste energy” have the meanings given those terms in [section 6341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6341&num=0&edition=prelim). **(b) Review** (1) **In general** — Not later than 180 days after November 15, 2021, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall review existing rules and procedures relating to interconnection service and additional services throughout the United States for electric generation with nameplate capacity up to 150 megawatts connecting at either distribution or transmission voltage levels to identify barriers to the deployment of combined heat and power systems and waste heat to power s

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 18851

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

42 U.S.C. § 5121 — Congressional findings and declarations

**(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. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

54 U.S.C. § 100101 — Promotion and regulation

**(a) In General.—** The Secretary, acting through the Director of the National Park Service, shall promote and regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. **(b) Declarations.—** (1) **1970 declarations.—** — Congress declares that— (A) the National Park System, which began with establishment of Yellowstone National Park in 1872, has since grown to include superlative natural, historic, and recreation areas in every major region of the United States and its territories and possessions; (B) these areas, though distinct in character, are united through their interrelated purposes and resources into one National Park System as cumulative expressions of a single national heritage; (C) individually and collectively, these areas derive increased national dignity and recognition of their superb environmental quality through their inclusion jointly with each other in one System preserved and managed for the benefit and inspiration of all the people of the United States; and (D) it is the purpose of this division to include all these areas in the System and to clarify the authorities applicable to the System. (2) **1978 reaffirmation.—** — Congress reaffirms, declares, and directs that the promotion and regulation of the various System units shall be consistent with and founded in the purpose established by subsection (a), to the common benefit of all the people of the United States.

Source: Supplied U.S. Code snapshot — release unconfirmed · 54 U.S.C. § 100101

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

42 U.S.C. § 5133 — Predisaster hazard mitigation

**(a) Definition of small impoverished community** In this section, the term “small impoverished community” means a community of 3,000 or fewer individuals that is economically disadvantaged, as determined by the State in which the community is located and based on criteria established by the President. **(b) Establishment of program** The President may establish a program to provide technical and financial assistance to States and local governments to assist in the implementation of predisaster hazard mitigation measures that are cost-effective and are designed to reduce injuries, loss of life, and damage and destruction of property, including damage to critical services and facilities under the jurisdiction of the States or local governments. **(c) Approval by President** If the President determines that a State or local government has identified natural disaster hazards in areas under its jurisdiction and has demonstrated the ability to form effective public-private natural disaster hazard mitigation partnerships, the President, using amounts in the National Public Infrastructure Predisaster Mitigation Fund established under subsection (i) (referred to in this section as the “Fund”), may provide technical and financial assistance to the State or local government to be used in accordance with subsection (e). **(d) State recommendations** (1) **In general** (A) *Recommendations* — The Governor of each State may recommend to the President not fewer than five local governments to receive assistance under this section. (B) *Deadline for submission* — The recommendations under subparagraph (A) shall be submitted to the President not later than October 1, 2001, and each October 1st thereafter or such later date in the year as the President may establish. (C) *C

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5133

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

42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### Statutory Notes Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4321

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

42 U.S.C. § 5122 — Definitions

As used in this chapter— (1) **Emergency.—** — “Emergency” means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. (2) **Major disaster.—** — “Major disaster” means any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this chapter to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. (3) “United States” means the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (4) “State” means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (5) “Governor” means the chief executive of any State. (6) **Indian tribal government.—** — The term “Indian tribal government” means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 ([25 U.S.C.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5122

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

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542

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

42 U.S.C. § 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) 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 disaster-related 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) 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 housi

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5174

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.