42 U.S.C. § 5159 — Protection of environment

Page 6381 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5161a of this section ‘‘construction materials’’ shall include building materials and materials re- quired for repairing housing, replacement hous- ing, public facilities repairs and replacement, and for normal farm and business operations. (Pub. L. 93–288, title III, § 315, formerly § 318, May 22, 1974, 88 Stat. 152; renumbered § 315, Pub. L. 100–707, title I, § 105(l), Nov. 23, 1988, 102 Stat. 4694.) Editorial Notes PRIOR PROVISIONS A prior section 315 of Pub. L. 93–288 was classified to section 5155 of this title prior to repeal by Pub. L. 100–707. § 5159. Protection of environment An action which is taken or assistance which is provided pursuant to section 5170a, 5170b, 5172, 5173, or 5192 of this title, including such assist- ance provided pursuant to the procedures pro- vided for in section 5189 of this title, which has the effect of restoring a facility substantially to its condition prior to the disaster or emergency, shall not be deemed a major Federal action sig- nificantly affecting the quality of the human en- vironment within the meaning of the National Environmental Policy Act of 1969 (83 Stat. 852) [42 U.S.C. 4321 et seq.]. Nothing in this section shall alter or affect the applicability of the Na- tional Environmental Policy Act of 1969 to other Federal actions taken under this chapter or under any other provisions of law. (Pub. L. 93–288, title III, § 316, as added Pub. L. 100–707, title I, § 105(m)(1), Nov. 23, 1988, 102 Stat. 4694.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 4321 of this title and Tables. This chapter, referred to in text, 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 section 5121 of this title and Tables. PRIOR PROVISIONS A prior section 316 of Pub. L. 93–288 was classified to section 5156 of this title prior to repeal by Pub. L. 100–707. § 5160. Recovery of assistance (a) Party liable Any person who intentionally causes a condi- tion for which Federal assistance is provided under this chapter or under any other Federal law as a result of a declaration of a major dis- aster or emergency under this chapter shall be liable to the United States for the reasonable costs incurred by the United States in respond- ing to such disaster or emergency to the extent that such costs are attributable to the inten- tional act or omission of such person which caused such condition. Such action for reason- able costs shall be brought in an appropriate United States district court. (b) Rendering of care A person shall not be liable under this section for costs incurred by the United States as a re- sult of actions taken or omitted by such person in the course of rendering care or assistance in response to a major disaster or emergency. (Pub. L. 93–288, title III, § 317, as added Pub. L. 100–707, title I, § 105(m)(1), Nov. 23, 1988, 102 Stat. 4695.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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. PRIOR PROVISIONS A prior section 317 of Pub. L. 93–288 was classified to section 5157 of this title prior to repeal by Pub. L. 100–707. § 5161. Audits and investigations (a) In general Subject to the provisions of chapter 75 of title 31, relating to requirements for single audits, the President shall conduct audits and inves- tigations as necessary to assure compliance with this chapter, and in connection therewith may question such persons as may be necessary to carry out such audits and investigations. (b) Access to records For purposes of audits and investigations under this section, the President and Comp- troller General may inspect any books, docu- ments, papers, and records of any person relat- ing to any activity undertaken or funded under this chapter. (c) State and local audits The President may require audits by State and local governments in connection with assistance under this chapter when necessary to assure compliance with this chapter or related regula- tions. (Pub. L. 93–288, title III, § 318, as added Pub. L. 100–707, title I, § 105(m)(1), Nov. 23, 1988, 102 Stat. 4695.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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 section 5121 of this title and Tables. PRIOR PROVISIONS A prior section 318 of Pub. L. 93–288 was renumbered section 315 by Pub. L. 100–707 and is classified to section 5158 of this title. § 5161a. Audit of contracts Notwithstanding any other provision of law, the Administrator of the Federal Emergency