42 U.S.C. § 5189e — Essential service providers

Page 6422 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5189e 1 See References in Text note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–251, § 8(b), Dec. 20, 2022, 136 Stat. 2357, pro- vided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to amounts appropriated on or after the date of enact- ment of this Act [Dec. 20, 2022].’’ § 5189e. Essential service providers (a) Definition In this section, the term ‘‘essential service provider’’ means an entity that— (1)(A) provides (i) wireline or mobile telephone service, Internet access service, radio or television broadcasting, cable service, or direct broad- cast satellite service; (ii) electrical power; (iii) natural gas; (iv) water and sewer services; or (v) any other essential service, as deter- mined by the President; or (B) is a tower owner or operator; (2) is— (A) a municipal entity; (B) a nonprofit entity; or (C) a private, for profit entity; and (3) is contributing to efforts to respond to an emergency or major disaster. (b) Authorization for accessibility Unless exceptional circumstances apply, in an emergency or major disaster, the head of a Fed- eral agency, to the greatest extent practicable, shall not— (1) deny or impede access to the disaster site to an essential service provider whose access is necessary to restore and repair an essential service; or (2) impede the restoration or repair of the services described in subsection (a)(1). (c) Implementation In implementing this section, the head of a Federal agency shall follow all applicable Fed- eral laws, regulations, and policies. (Pub. L. 93–288, title IV, § 427, formerly § 425, as added Pub. L. 109–347, title VI, § 607, Oct. 13, 2006, 120 Stat. 1941; renumbered § 427, Pub. L. 113–2, div. B, § 1102(1), Jan. 29, 2013, 127 Stat. 39; amend- ed Pub. L. 115–141, div. P, title III, § 302, Mar. 23, 2018, 132 Stat. 1087.) Editorial Notes AMENDMENTS 2018—Subsec. (a)(1). Pub. L. 115–141 designated exist- ing provisions as subpar. (A), redesignated former sub- pars. (A) to (E) as cls. (i) to (v), respectively, of subpar. (A), substituted ‘‘wireline or mobile telephone service, Internet access service, radio or television broad- casting, cable service, or direct broadcast satellite service’’ for ‘‘telecommunications service’’ in cl. (i), and added subpar. (B). § 5189f. Public assistance program alternative procedures (a) Approval of projects The President, acting through the Adminis- trator of the Federal Emergency Management Agency, may approve projects under the alter- native procedures adopted under this section for any major disaster or emergency declared on or after January 29, 2013. The Administrator may also apply the alternate procedures adopted under this section to a major disaster or emer- gency declared before enactment of this Act for which construction has not begun as of the date of enactment of this Act.1 (b) Adoption The Administrator, in coordination with States, tribal and local governments, and own- ers or operators of private nonprofit facilities, may adopt alternative procedures to administer assistance provided under sections 5170b(a)(3)(A), 5172, 5173, and 5192(a)(5) of this title. (c) Goals of procedures The alternative procedures adopted under sub- section (a) shall further the goals of— (1) reducing the costs to the Federal Govern- ment of providing such assistance; (2) increasing flexibility in the administra- tion of such assistance; (3) expediting the provision of such assist- ance to a State, tribal or local government, or owner or operator of a private nonprofit facil- ity; and (4) providing financial incentives and dis- incentives for a State, tribal or local govern- ment, or owner or operator of a private non- profit facility for the timely and cost-effective completion of projects with such assistance. (d) Participation (1) In general Participation in the alternative procedures adopted under this section shall be at the elec- tion of a State, tribal or local government, or owner or operator of a private nonprofit facil- ity consistent with procedures determined by the Administrator. (2) No conditions The President may not condition the provi- sion of Federal assistance under this chapter on the election by a State, local, or Indian tribal government, or owner or operator of a private nonprofit facility to participate in the alternative procedures adopted under this sec- tion. (e) Minimum procedures The alternative procedures adopted under this section shall include the following: (1) For repair, restoration, and replacement of damaged facilities under section 5172 of this title— (A) making grants on the basis of fixed es- timates, if the State, tribal or local govern- ment, or owner or operator of the private nonprofit facility agrees to be responsible for any actual costs that exceed the esti- mate; (B) providing an option for a State, tribal or local government, or owner or operator of a private nonprofit facility to elect to re- ceive an in-lieu contribution, without reduc- tion, on the basis of estimates of—