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. § 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 Coun- cil on Historic Preservation, the President shall establish an expedited and unified interagency review process to ensure compliance with envi- ronmental and historic requirements under Fed- eral law relating to disaster recovery projects, in order to expedite the recovery process, con- sistent with applicable law. (b) Contents The review process established under this sec- tion shall include mechanisms to expeditiously address delays that may occur during the recov- ery from a major disaster and be updated, as ap- propriate, consistent with applicable law. (Pub. L. 93–288, title IV, § 429, as added Pub. L. 113–2, div. B, § 1106, Jan. 29, 2013, 127 Stat. 45.) Statutory Notes and Related Subsidiaries UNIFIED FEDERAL ENVIRONMENTAL AND HISTORIC PRESERVATION REVIEW Pub. L. 115–254, div. D, § 1220, Oct. 5, 2018, 132 Stat. 3453, provided that: ‘‘(a) REVIEW AND ANALYSIS.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Emergency Manage- ment Agency] shall review the Unified Federal Envi- ronmental and Historic Preservation review process es- tablished pursuant to section 429 of the Robert T. Staf- ford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189g), and submit a report to the Committee on Transportation and Infrastructure of the House of Rep- resentatives and the Committee on Homeland Security and Governmental Affairs of the Senate that includes the following: ‘‘(1) An analysis of whether and how the unified process has expedited the interagency review process to ensure compliance with the environmental and historic requirements under Federal law relating to disaster recovery projects. ‘‘(2) A survey and analysis of categorical exclusions used by other Federal agencies that may be applica- ble to any activity related to a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Dis- aster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191). ‘‘(3) Recommendations on any further actions, in- cluding any legislative proposals, needed to expedite and streamline the review process. ‘‘(b) REGULATIONS.—After completing the review, sur- vey, and analyses under subsection (a), but not later than 2 years after the date of enactment of this Act, and after providing notice and opportunity for public comment, the Administrator shall issue regulations to implement any regulatory recommendations, including any categorical exclusions identified under subsection (a), to the extent that the categorical exclusions meet the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations, and sec- tion II of DHS Instruction Manual 023–01–001–01.’’ § 5189h. Agency accountability (a) Public assistance Not later than 5 days after an award of a pub- lic assistance grant is made under section 5172 of this title that is in excess of $1,000,000, the Ad- ministrator of the Federal Emergency Manage- ment Agency shall publish on the website of the Federal Emergency Management Agency the specifics of each such grant award, including— (1) identifying the Federal Emergency Man- agement Agency Region; (2) the disaster or emergency declaration number; (3) the State, county, and applicant name; (4) if the applicant is a private nonprofit or- ganization; (5) the damage category code; (6) the amount of the Federal share obli- gated; and (7) the date of the award. (b) Mission assignments (1) In general Not later than 5 days after the issuance of a mission assignment or mission assignment task order, the Administrator of the Federal Emergency Management Agency shall publish on the website of the Federal Emergency Man- agement Agency any mission assignment or mission assignment task order to another Fed- eral department or agency regarding a major disaster in excess of $1,000,000, including— (A) the name of the impacted State or In- dian Tribe; (B) the disaster declaration for such State or Indian Tribe; (C) the assigned agency;