42 U.S.C. § 5188 — Timber sale contracts

Page 6418 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5186 Editorial Notes PRIOR PROVISIONS A prior section 418 of Pub. L. 93–288 was renumbered section 421 by Pub. L. 100–707 and is classified to section 5188 of this title. § 5186. Emergency public transportation The President is authorized to provide tem- porary public transportation service in an area affected by a major disaster to meet emergency needs and to provide transportation to govern- mental offices, supply centers, stores, post of- fices, schools, major employment centers, and such other places as may be necessary in order to enable the community to resume its normal pattern of life as soon as possible. (Pub. L. 93–288, title IV, § 419, formerly § 416, May 22, 1974, 88 Stat. 158; renumbered § 419, Pub. L. 100–707, title I, § 106(j), Nov. 23, 1988, 102 Stat. 4705.) Editorial Notes PRIOR PROVISIONS A prior section 419 of Pub. L. 93–288 was classified to section 5189 of this title prior to repeal by Pub. L. 100–707. § 5187. Fire management assistance (a) In general The President is authorized to provide assist- ance, including grants, equipment, supplies, and personnel, to any State or local government for the mitigation, management, and control of any fire on public or private forest land or grassland that threatens such destruction as would con- stitute a major disaster. (b) Coordination with State and tribal depart- ments of forestry In providing assistance under this section, the President shall coordinate with State and tribal departments of forestry. (c) Essential assistance In providing assistance under this section, the President may use the authority provided under section 5170b of this title. (d) Hazard mitigation assistance Whether or not a major disaster is declared, the President may provide hazard mitigation as- sistance in accordance with section 5170c of this title in any area affected by a fire for which as- sistance was provided under this section. (e) Rules and regulations The President shall prescribe such rules and regulations as are necessary to carry out this section. (Pub. L. 93–288, title IV, § 420, formerly § 417, May 22, 1974, 88 Stat. 158; renumbered § 420, Pub. L. 100–707, title I, § 106(j), Nov. 23, 1988, 102 Stat. 4705; Pub. L. 106–390, title III, § 303(a), Oct. 30, 2000, 114 Stat. 1572; Pub. L. 115–254, div. D, § 1204(a), Oct. 5, 2018, 132 Stat. 3438.) Editorial Notes AMENDMENTS 2018—Subsecs. (d), (e). Pub. L. 115–254 added subsec. (d) and redesignated former subsec. (d) as (e). 2000—Pub. L. 106–390 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘The President is authorized to provide assist- ance, including grants, equipment, supplies, and per- sonnel, to any State for the suppression of any fire on publicly or privately owned forest or grassland which threatens such destruction as would constitute a major disaster.’’ 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. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–390, title III, § 303(b), Oct. 30, 2000, 114 Stat. 1573, provided that: ‘‘The amendment made by sub- section (a) [amending this section] takes effect 1 year after the date of the enactment of this Act [Oct. 30, 2000].’’ REPORTING REQUIREMENT Pub. L. 115–254, div. D, § 1204(c), Oct. 5, 2018, 132 Stat. 3439, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018] and annu- ally thereafter, the Administrator [of the Federal Emergency Management Agency] shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Transpor- tation and Infrastructure of the House of Representa- tives, and the Committees on Appropriations of the Senate and the House of Representatives a report con- taining a summary of any projects carried out, and any funding provided to those projects, under subsection (d) of section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) (as amended by this section).’’ § 5188. Timber sale contracts (a) Cost-sharing arrangement Where an existing timber sale contract be- tween the Secretary of Agriculture or the Sec- retary of the Interior and a timber purchaser does not provide relief from major physical change not due to negligence of the purchaser prior to approval of construction of any section of specified road or of any other specified devel- opment facility and, as a result of a major dis- aster, a major physical change results in addi- tional construction work in connection with such road or facility by such purchaser with an estimated cost, as determined by the appro- priate Secretary, (1) of more than $1,000 for sales under one million board feet, (2) of more than $1 per thousand board feet for sales of one to three million board feet, or (3) of more than $3,000 for sales over three million board feet, such in- creased construction cost shall be borne by the United States. (b) Cancellation of authority If the appropriate Secretary determines that damages are so great that restoration, recon- struction, or construction is not practical under the cost-sharing arrangement authorized by sub- section (a) of this section, he may allow can- cellation of a contract entered into by his De- partment notwithstanding contrary provisions therein. Page 6419 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5189 1 See References in Text note below. (c) Public notice of sale The Secretary of Agriculture is authorized to reduce to seven days the minimum period of ad- vance public notice required by section 476 1 of title 16, in connection with the sale of timber from national forests, whenever the Secretary determines that (1) the sale of such timber will assist in the construction of any area of a State damaged by a major disaster, (2) the sale of such timber will assist in sustaining the economy of such area, or (3) the sale of such timber is nec- essary to salvage the value of timber damaged in such major disaster or to protect undamaged timber. (d) State grants for removal of damaged timber; reimbursement of expenses limited to sal- vage value of removed timber The President, when he determines it to be in the public interest, is authorized to make grants to any State or local government for the pur- pose of removing from privately owned lands timber damaged as a result of a major disaster, and such State or local government is author- ized upon application, to make payments out of such grants to any person for reimbursement of expenses actually incurred by such person in the removal of damaged timber, not to exceed the amount that such expenses exceed the salvage value of such timber. (Pub. L. 93–288, title IV, § 421, formerly § 418, May 22, 1974, 88 Stat. 158; renumbered § 421, Pub. L. 100–707, title I, § 106(j), Nov. 23, 1988, 102 Stat. 4705.) Editorial Notes REFERENCES IN TEXT Section 476 of title 16, referred to in subsec. (c), was repealed by Pub. L. 94–588, § 13, Oct. 22, 1976, 90 Stat. 2958. § 5189. Simplified procedure (a) In general If the Federal estimate of the cost of— (1) repairing, restoring, reconstructing, or replacing under section 5172 of this title any damaged or destroyed public facility or pri- vate nonprofit facility, (2) emergency assistance under section 5170b or 5192 of this title, or (3) debris removed under section 5173 of this title, is less than $1,000,000 (or, if the Administrator has established a threshold under subsection (b), the amount established under subsection (b)), the President (on application of the State or local government or the owner or operator of the private nonprofit facility) may make the contribution to such State or local government or owner or operator under section 5170b, 5172, 5173, or 5192 of this title, as the case may be, on the basis of such Federal estimate. Such $1,000,000 amount or, if applicable, the amount established under subsection (b), shall be ad- justed annually to reflect changes in the Con- sumer Price Index for All Urban Consumers pub- lished by the Department of Labor. (b) Threshold (1) Report Not later than 1 year after January 29, 2013, the President, acting through the Adminis- trator of the Federal Emergency Management Agency (in this section referred to as the ‘‘Ad- ministrator’’), shall— (A) complete an analysis to determine whether an increase in the threshold for eli- gibility under subsection (a) is appropriate, which shall include consideration of cost-ef- fectiveness, speed of recovery, capacity of grantees, past performance, and account- ability measures; and (B) submit to the Committee on Transpor- tation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Af- fairs of the Senate a report regarding the analysis conducted under subparagraph (A). (2) Amount After the Administrator submits the report required under paragraph (1), the President shall direct the Administrator to— (A) immediately establish a threshold for eligibility under this section in an appro- priate amount, without regard to chapter 5 of title 5; and (B) adjust the threshold annually to re- flect changes in the Consumer Price Index for all Urban Consumers published by the Department of Labor. (3) Review and report Not later than 3 years after the date on which the Administrator establishes a thresh- old under paragraph (2), and every 3 years thereafter, the President, acting through the Administrator, shall review the threshold for eligibility under this section and submit to the Committee on Transportation and Infra- structure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding such review, including any rec- ommendations developed pursuant to such re- view. (Pub. L. 93–288, title IV, § 422, as added Pub. L. 100–707, title I, § 106(k), Nov. 23, 1988, 102 Stat. 4705; amended Pub. L. 113–2, div. B, § 1107, Jan. 29, 2013, 127 Stat. 46; Pub. L. 117–189, § 2(a), Oct. 10, 2022, 136 Stat. 2204.) Editorial Notes PRIOR PROVISIONS A prior section 5189, Pub. L. 93–288, title IV, § 419, May 22, 1974, 88 Stat. 159, related to alternate contributions, prior to repeal by Pub. L. 100–707, § 106(k). AMENDMENTS 2022—Subsec. (a). Pub. L. 117–189, § 2(a)(1), substituted ‘‘$1,000,000’’ for ‘‘$35,000’’ in two places in concluding provisions. Subsec. (b)(3). Pub. L. 117–189, § 2(a)(2), inserted ‘‘and report’’ after ‘‘Review’’ in heading and ‘‘and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding such review, including any recommendations developed pursuant to such review’’ after ‘‘under this section’’ in text.