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42 U.S.C. § 5165d — Designation of Small State and Rural Advocate

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

42 U.S.C. § 5165d — Designation of Small State and Rural Advocate

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Stable record: federal_law:legal_authorities:record_usc_ae364a9320d217c482f5da4b
Source file: Laws/federal/codes/united-states-code/title-42/section-5165d-designation-of-small-state-and-rural-advocate--8b8a681727.md
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Source location: Title 42, Chapter 68, § 5165d; chapter-068-disaster-relief.md

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**(a) In general** The President shall designate in the Federal Emergency Management Agency a Small State and Rural Advocate. **(b) Responsibilities** The Small State and Rural Advocate shall be an advocate for the fair treatment of small States and rural communities in the provision of assistance under this chapter. **(c) Duties** The Small State and Rural Advocate shall— (1) participate in the disaster declaration process under [section 5170 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170&num=0&edition=prelim) and the emergency declaration process under [section 5191 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5191&num=0&edition=prelim), to ensure that the needs of rural communities are being addressed; (2) assist small population States in the preparation of requests for major disaster or emergency declarations; (3) assist States in the collection and presentation of material in the disaster or emergency declaration request relevant to demonstrate severe localized impacts within the State for a specific incident, including— (A) the per capita personal income by local area, as calculated by the Bureau of Economic Analysis; (B) the disaster impacted population profile, as reported by the Bureau of the Census, including— (i) the percentage of the population for whom poverty status is determined; (ii) the percentage of the population already receiving Government assistance such as Supplemental Security Income and Supplemental Nutrition Assistance Program benefits; (iii) the pre-disaster unemployment rate; (iv) the percentage of the population that is 65 years old and older; (v) the percentage of the population 18 years old and younger; (vi) the percentage of the population with a disability; (vii) the percentage of the population who speak a language other than English and speak English less than “very well”; and (viii) any unique considerations regarding American Indian and Alaskan Native Tribal populations raised in the State’s request for a major disaster declaration that may not be reflected in the data points referenced in this subparagraph; (C) the impact to community infrastructure, including— (i) disruptions to community life-saving and life-sustaining services; (ii) disruptions or increased demand for essential community services; and (iii) disruptions to transportation, infrastructure, and utilities; and (D) any other information relevant to demonstrate severe local impacts; and (4) conduct such other activities as the Administrator of the Federal Emergency Management Agency considers appropriate.

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

42 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5192&num=0&edition=prelim) or [section 5193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5193&num=0&edition=prelim) 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 determina

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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.

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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

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

42 U.S.C. § 5165d — Designation of Small State and Rural Ad-

Page 6385 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5165e gency 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 li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 5165d. Designation of Small State and Rural Ad- vocate (a) In general The President shall designate in the Federal Emergency Management Agency a Small State and Rural Advocate. (b) Responsibilities The Small State and Rural Advocate shall be an advocate for the fair treatment of small States and rural communities in the provision of assistance under this chapter. (c) Duties The Small State and Rural Advocate shall— (1) participate in the disaster declaration process under section 5170 of this title and the emergency declaration process under section 5191 of this title, to ensure that the needs of rural communities are being addressed; (2) assist small population States in the preparation of requests for major disaster or emergency declarations; (3) assist States in the collection and presen- tation of material in the disaster or emer- gency declaration request relevant to dem- onstrate severe localized impacts within the State for a specific incident, including— (A) the per capita personal income by local area, as calculated by

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5165d

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