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42 U.S.C. § 5148 — Nonliability of Federal Government

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

42 U.S.C. § 5148 — Nonliability of Federal Government

The Federal Government shall not be liable for any claim based upon the exercise or performance of or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Federal Government in carrying out the provisions of this chapter.

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Stable record: federal_law:legal_authorities:record_usc_deb23261e23b11d351f7b508
Source file: Laws/federal/codes/united-states-code/title-42/section-5148-nonliability-of-federal-government--96b82c3c67.md
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Source location: Title 42, Chapter 68, § 5148; chapter-068-disaster-relief.md

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The Federal Government shall not be liable for any claim based upon the exercise or performance of or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Federal Government in carrying out the provisions of this chapter.

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5121

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

16 U.S.C. § 544l — Implementation measures

**(a) Assistance to counties** The Secretary shall provide technical assistance on a nonreimbursable basis to counties for the development of land use ordinances prescribed by sections 544e and 544f of this title: Provided, That in the event a county fails to obtain approval by the Commission for a land use ordinance within three years after the date technical assistance is first provided under this subsection for the development of a land use ordinance, the Secretary shall terminate all technical assistance for any participation in the development of such ordinance. **(b) Payment of timber receipts** (1) Notwithstanding the provisions of [section 500 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section500&num=0&edition=prelim), that portion of which is paid under such provisions to the State of Oregon with respect to the special management areas within the Mount Hood National Forest, the Gates of the Columbia Gorge Special Management Area, Mount Hood National Forest, and to the State of Washington with respect to the special management areas within the Gifford Pinchot National Forest— (A) not less than 50 per centum shall be expended for the benefit of the public schools of the county which has adopted implementation measures pursuant to sections 544 to 544p of this title; and (B) the remainder shall be expended for the benefit of public roads or any public purposes of any county which has adopted implementation measures pursuant to sections 544 to 544p of this title. (2) Paragraph (1) of this subsection shall not apply— (A) to any amount paid by the Secretary of the Treasury under the provisions of law referred to in subsection (b)(1) at the end of any fiscal year ending before November 17, 1986; or (B) for a parti

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 544l

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

42 U.S.C. § 5151 — Nondiscrimination in disaster assistance

**(a) Regulations for equitable and impartial relief operations** The President shall issue, and may alter and amend, such regulations as may be necessary for the guidance of personnel carrying out Federal assistance functions at the site of a major disaster or emergency. Such regulations shall include provisions for insuring that the distribution of supplies, the processing of applications, and other relief and assistance activities shall be accomplished in an equitable and impartial manner, without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status. **(b) Compliance with regulations as prerequisite to participation by other bodies in relief operations** As a condition of participation in the distribution of assistance or supplies under this chapter or of receiving assistance under this chapter, governmental bodies and other organizations shall be required to comply with regulations relating to nondiscrimination promulgated by the President, and such other regulations applicable to activities within an area affected by a major disaster or emergency as he deems necessary for the effective coordination of relief efforts.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5151

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

43 U.S.C. § 1600e — Exceptions

Notwithstanding [section 1600d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1600d&num=0&edition=prelim), the appropriate Federal officer, after consultation with the Secretary, may make Federal expenditures or financial assistance available within the Colorado River Floodway for— **(a)** any dam, channel or levee construction, operation or maintenance for the purpose of flood control, water conservation, power or water quality; **(b)** other remedial or corrective actions, including but not limited to drainage facilities essential to assist in controlling adjacent high ground water conditions caused by flood flows; **(c)** the maintenance, replacement, reconstruction, repair, and expansion, of publicly or tribally owned or operated roads, structures (including bridges), or facilities: Provided, That, no such expansion shall be permitted unless— (1) the expansion is designed and built in accordance with the procedures and standards established in section 650.101 of title 23, Code of Federal Regulations, and the following as they may be amended from time to time; and (2) the boundaries of the Floodway are adjusted to account for changes in flows caused, directly or indirectly, by the expansion; **(d)** military activities essential to national security; **(e)** any of the following actions or projects, but only if the Secretary finds that the making available of expenditures or assistance therefor is consistent with the purposes of this chapter: (1) projects for the study, management, protection and enhancement of fish and wildlife resources and habitats, including, but not limited to, acquisition of fish and wildlife habitats and related lands, stabilization projects for fish and wildlife habitats, and recreational pr

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1600e

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

42 U.S.C. § 5148 — Nonliability of Federal Government

Page 6374 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5144 599)’’ on authority of Pub. L. 105–225, § 5(b), Aug. 12, 1998, 112 Stat. 1499, the first section of which enacted Title 36, Patriotic and National Observances, Ceremonies, and Organizations. PRIOR PROVISIONS A prior section 302 of Pub. L. 93–288 was classified to section 5142 of this title prior to repeal by Pub. L. 100–707. AMENDMENTS 2006—Subsec. (d). Pub. L. 109–295 added subsec. (d). 1988—Subsec. (a). Pub. L. 100–707 inserted ‘‘or emer- gency’’ after ‘‘major disaster’’. § 5144. Emergency support and response teams (a) Emergency support teams The President shall form emergency support teams of Federal personnel to be deployed in an area affected by a major disaster or emergency. Such emergency support teams shall assist the Federal coordinating officer in carrying out his responsibilities pursuant to this chapter. Upon request of the President, the head of any Fed- eral agency is directed to detail to temporary duty with the emergency support teams on ei- ther a reimbursable or nonreimbursable basis, as is determined necessary by the President, such personnel within the administrative jurisdiction of the head of the Federal agency as the Presi- dent may need or believe to be useful for car- rying out the functions of the emergency sup- port teams, each such detail to be without loss of seniority, pay, or other employee status. (b) Emergency response teams (1) Establishment In carrying out subsection (a), the President, acting through the Administrator of the Fed- eral Emergency Management Agency, shall es- tablish— (A) at a minimum 3 national response teams; and (B) sufficient regional response teams, in- cluding Regional Office strike teams under section 317 of title 6; and (C) o

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5148

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