42 U.S.C. § 5185 — Emergency communications

Page 6417 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5185 Pub. L. 100–707, title I, § 106(j), Nov. 23, 1988, 102 Stat. 4705; Pub. L. 106–390, title II, § 207, Oct. 30, 2000, 114 Stat. 1571; Pub. L. 109–347, title VI, § 608, Oct. 13, 2006, 120 Stat. 1942.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (d), 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. CODIFICATION Prior to renumbering as section 417, section 414 of Pub. L. 93–288 contained a subsec. (c) which was re- pealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1082. PRIOR PROVISIONS A prior section 417 of Pub. L. 93–288 was renumbered section 420 by Pub. L. 100–707 and is classified to section 5187 of this title. AMENDMENTS 2006—Subsec. (b). Pub. L. 109–347 substituted ‘‘ex- ceed— ‘‘(1) 25 percent’’ for ‘‘exceed 25 per centum’’ and ‘‘; or’’ for period at end and added par. (2). 2000—Pub. L. 106–390, § 207(1)–(3), designated first sen- tence of subsec. (a) as subsec. (a) and inserted subsec. heading, designated second sentence of subsec. (a) as subsec. (b) and inserted subsec. heading, and designated third sentence of subsec. (a) as subsec. (c)(1) and in- serted subsec. and par. headings. Former subsec. (b) re- designated (d). Subsec. (b). Pub. L. 106–390, § 207(5), substituted ‘‘shall not exceed’’ for ‘‘and shall not exceed’’ and inserted be- fore period at end ‘‘, and shall not exceed $5,000,000’’. Subsec. (c)(2). Pub. L. 106–390, § 207(6), added par. (2). Subsec. (d). Pub. L. 106–390, § 207(4), redesignated sub- sec. (b) as (d) and inserted subsec. heading. Statutory Notes and Related Subsidiaries CANCELLATION OF REPAYMENTS OF REMAINING LOAN BALANCES Pub. L. 117–43, div. B, title VI, § 1601(a), Sept. 30, 2021, 135 Stat. 365, provided that: ‘‘Repayments of the re- maining balances of all loans, as of September 30, 2021, by the Federal Emergency Management Agency under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184) are hereby cancelled.’’ COMMUNITY EMERGENCY DROUGHT RELIEF Pub. L. 95–31, title I, May 23, 1977, 91 Stat. 169, pro- vided: ‘‘That this Act be cited as the ‘Community Emergency Drought Relief Act of 1977’. ‘‘SEC. 101. (a) Upon the application of any State, po- litical subdivision of a State, Indian tribe, or public or private nonprofit organization, the Secretary of Com- merce is authorized to make grants and loans to appli- cants in drought impacted areas for projects that im- plement short-term actions to augment community water supplies where there are severe problems due to water shortages. Such assistance may be for the im- provement, expansion, or construction of water sup- plies, and purchase and transportation of water, which in the opinion of the Secretary of Commerce will make a substantial contribution to the relief of an existing or threatened drought condition in a designated area. ‘‘(b) The Secretary of Commerce may designate any area in the United States as an emergency drought im- pact area if he or she finds that a major and continuing adverse drought condition exists and is expected to continue, and such condition is causing significant hardships on the affected areas. ‘‘(c) Eligible applicants shall be those States or polit- ical subdivisions of States with a population of ten thousand or more, Indian tribes, or public or private nonprofit organizations within areas designated pursu- ant to subsection (b) of this section. ‘‘(d) Projects assisted under this Act shall be only those with respect to which assurances can be given to the satisfaction of the Secretary of Commerce that the work can be completed by April 30, 1978, or within such extended time as the Secretary may approve in excep- tional circumstances. ‘‘SEC. 102. Grants hereunder shall be in an amount not to exceed 50 per centum of allowable project costs. Loans shall be for a term not to exceed 40 years at a per annum interest rate of 5 per centum and shall be on such terms and conditions as the Secretary of Com- merce shall determine. In determining the amount of a grant assistance for any project, the Secretary of Com- merce may take into consideration such factors as are established by regulation and are consistent with the purposes of this Act. ‘‘SEC. 103. In extending assistance under this Act the Secretary shall take into consideration the relative needs of applicant areas for the projects for which as- sistance is requested, and the appropriateness of the project for relieving the conditions intended to be alle- viated by this Act. ‘‘SEC. 104. The Secretary of Commerce shall have such powers and authorities under this Act as are vest- ed in the Secretary by sections 701 and 708 of the Public Works and Economic Development Act of 1965, as amended [sections 3211 and 3218 of this title], with re- spect to that Act [section 3121 et seq. of this title]. ‘‘SEC. 105. The National Environmental Protection Act of 1969, as amended [section 4321 et seq. of this title], shall be implemented to the fullest extent con- sistent with but subject to the time constraints im- posed by this Act, and the Secretary of Commerce when making the final determination regarding an applica- tion for assistance hereunder shall give consideration to the environmental consequences determined within that period. ‘‘SEC. 106. (a) There is hereby authorized to be appro- priated for the fiscal year ending September 30, 1977, $225,000,000 of which sum $150,000,000 is to be for the loan program herein, including administration thereof, and $75,000,000 of which is to be used for the grant pro- gram herein, including administration thereof, and such additional amounts for the fiscal year ending Sep- tember 30, 1978, as may be reasonably needed for admin- istrative expenses in monitoring and closing out the program authorized by the Act. Funds authorized by this Act shall be obligated by December 31, 1977. ‘‘(b) Funds available to the Secretary for this Act shall be available for expenditure for drought impact projects conducted heretofore by eligible applicants during fiscal year 1977 if such projects are found to be compatible with the broad purposes of this Act.’’ § 5185. Emergency communications The President is authorized during, or in an- ticipation of, an emergency or major disaster to establish temporary communications systems and to make such communications available to State and local government officials and other persons as he deems appropriate. (Pub. L. 93–288, title IV, § 418, formerly § 415, May 22, 1974, 88 Stat. 158; renumbered § 418, Pub. L. 100–707, title I, § 106(j), Nov. 23, 1988, 102 Stat. 4705.) 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.