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42 U.S.C. § 5171 — Federal facilities

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5171 — Federal facilities

Page 6398 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5171 tion 404 pursuant to this subsection, no further Federal funding shall be provided for construction of such project.’’ GUIDANCE ON HAZARD MITIGATION ASSISTANCE Pub. L. 115–254, div. D, § 1231, Oct. 5, 2018, 132 Stat. 3459, provided that: ‘‘(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Admin- istrator [of the Federal Emergency Management Agen- cy] shall issue guidance regarding the acquisition of property for open space as a mitigation measure under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) that in- cludes— ‘‘(1) a process by which the State hazard mitigation officer appointed for such an acquisition shall, not later than 60 days after the applicant for assistance enters into an agreement with the Administrator re- garding the acquisition, provide written notification to each affected unit of local government for such ac- quisition that includes— ‘‘(A) the location of the acquisition; ‘‘(B) the State-local assistance agreement for the hazard mitigation grant program; ‘‘(C) a description of the acquisition; and ‘‘(D) a copy of the deed restriction; and ‘‘(2) recommendations for entering into and imple- menting a memorandum of understanding between units of local government and covered entities that includes provisions to allow an affected unit of local government notified under paragraph (1) to— ‘‘(A) use and maintain the open space created by such a project, consistent with section 404 [42 U.S.C. 5170c] (including related regulations, standards, and guidance) and consistent with all adjoining prop- erty, subject to the notification of the adjoining property, so long as the cost of

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Stable record: federal_law:legal_authorities:usc2024-8df45f71449b66a07255a7ef
Source file: Laws/federal/codes/united-states-code-2024/title-42/section-5171-federal-facilities--90eeb69d92.md
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Source location: USCODE-2024-title42-chap68-subchapIV-sec5171.pdf

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Page 6398 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5171 tion 404 pursuant to this subsection, no further Federal funding shall be provided for construction of such project.’’ GUIDANCE ON HAZARD MITIGATION ASSISTANCE Pub. L. 115–254, div. D, § 1231, Oct. 5, 2018, 132 Stat. 3459, provided that: ‘‘(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Admin- istrator [of the Federal Emergency Management Agen- cy] shall issue guidance regarding the acquisition of property for open space as a mitigation measure under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) that in- cludes— ‘‘(1) a process by which the State hazard mitigation officer appointed for such an acquisition shall, not later than 60 days after the applicant for assistance enters into an agreement with the Administrator re- garding the acquisition, provide written notification to each affected unit of local government for such ac- quisition that includes— ‘‘(A) the location of the acquisition; ‘‘(B) the State-local assistance agreement for the hazard mitigation grant program; ‘‘(C) a description of the acquisition; and ‘‘(D) a copy of the deed restriction; and ‘‘(2) recommendations for entering into and imple- menting a memorandum of understanding between units of local government and covered entities that includes provisions to allow an affected unit of local government notified under paragraph (1) to— ‘‘(A) use and maintain the open space created by such a project, consistent with section 404 [42 U.S.C. 5170c] (including related regulations, standards, and guidance) and consistent with all adjoining prop- erty, subject to the notification of the adjoining property, so long as the cost of the maintenance is borne by the local government; and ‘‘(B) maintain the open space pursuant to stand- ards exceeding any local government standards de- fined in the agreement with the Administrator de- scribed under paragraph (1). ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) AFFECTED UNIT OF LOCAL GOVERNMENT.—The term ‘affected unit of local government’ means any entity covered by the definition of local government in section 102 of the Robert T. Stafford Disaster Re- lief and Emergency Assistance Act (42 U.S.C. 5122), that has jurisdiction over the property subject to the acquisition described in subsection (a). ‘‘(2) COVERED ENTITY.—The term ‘covered entity’ means— ‘‘(A) the grantee or subgrantee receiving assist- ance for an open space project described in sub- section (a); ‘‘(B) the State in which such project is located; and ‘‘(C) the applicable Regional Administrator of the Agency.’’ [For definition of ‘‘State’’ as used in section 1231 of Pub. L. 115–254, set out above, see section 1203 of Pub. L. 115–254, set out as a Definitions note under section 5122 of this title.] § 5171. Federal facilities (a) Repair, reconstruction, restoration, or re- placement of United States facilities The President may authorize any Federal agency to repair, reconstruct, restore, or replace any facility owned by the United States and under the jurisdiction of such agency which is damaged or destroyed by any major disaster if he determines that such repair, reconstruction, restoration, or replacement is of such impor- tance and urgency that it cannot reasonably be deferred pending the enactment of specific au- thorizing legislation or the making of an appro- priation for such purposes, or the obtaining of congressional committee approval. (b) Availability of funds appropriated to agency for repair, reconstruction, restoration, or re- placement of agency facilities In order to carry out the provisions of this sec- tion, such repair, reconstruction, restoration, or replacement may be begun notwithstanding a lack or an insufficiency of funds appropriated for such purpose, where such lack or insuffi- ciency can be remedied by the transfer, in ac- cordance with law, of funds appropriated to that agency for another purpose. (c) Steps for mitigation of hazards In implementing this section, Federal agencies shall evaluate the natural hazards to which these facilities are exposed and shall take appro- priate action to mitigate such hazards, includ- ing safe land-use and construction practices, in accordance with standards prescribed by the President. (Pub. L. 93–288, title IV, § 405, formerly § 401, May 22, 1974, 88 Stat. 153; renumbered § 405, Pub. L. 100–707, title I, § 106(a)(2), Nov. 23, 1988, 102 Stat. 4696.) Editorial Notes PRIOR PROVISIONS A prior section 405 of Pub. L. 93–288 was classified to section 5175 of this title prior to repeal by Pub. L. 100–707. § 5172. Repair, restoration, and replacement of damaged facilities (a) Contributions (1) In general The President may make contributions— (A) to a State or local government for the repair, restoration, reconstruction, or re- placement of a public facility damaged or destroyed by a major disaster and for associ- ated expenses incurred by the government; and (B) subject to paragraph (3), to a person that owns or operates a private nonprofit fa- cility damaged or destroyed by a major dis- aster for the repair, restoration, reconstruc- tion, or replacement of the facility and for associated expenses incurred by the person. (2) Associated expenses For the purposes of this section, associated expenses shall include— (A) the costs of mobilizing and employing the National Guard for performance of eligi- ble work; (B) the costs of using prison labor to per- form eligible work, including wages actually paid, transportation to a worksite, and ex- traordinary costs of guards, food, and lodg- ing; (C) base and overtime wages for the em- ployees and extra hires of a State, local gov- ernment, or person described in paragraph (1) that perform eligible work, plus fringe benefits on such wages to the extent that such benefits were being paid before the major disaster; and

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5122 — Definitions

As used in this chapter— (1) **Emergency.—** — “Emergency” means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. (2) **Major disaster.—** — “Major disaster” means any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this chapter to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. (3) “United States” means the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (4) “State” means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (5) “Governor” means the chief executive of any State. (6) **Indian tribal government.—** — The term “Indian tribal government” means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 ([25 U.S.C.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5122

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5122 — Definitions

Page 6357 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5122 2000, the President would submit to Congress a report describing the results of the State Management of Small Disasters Initiative, including recommendations concerning State administration of parts of the pro- gram. STUDY REGARDING COST REDUCTION Pub. L. 106–390, title II, § 209, Oct. 30, 2000, 114 Stat. 1571, as amended by Pub. L. 109–139, § 3, Dec. 22, 2005, 119 Stat. 2649, provided that: ‘‘Not later than September 30, 2007, the Director of the Congressional Budget Office shall complete a study estimating the reduction in Federal disaster assistance that has resulted and is likely to result from the enactment of this Act [see Short Title of 2000 Amendment note above].’’ STUDY OF PARTICIPATION BY INDIAN TRIBES IN EMERGENCY MANAGEMENT Pub. L. 106–390, title III, § 308, Oct. 30, 2000, 114 Stat. 1575, required the Director of the Federal Emergency Management Agency to conduct a study of participa- tion by Indian tribes in emergency management and submit a report no later than 1 year after Oct. 30, 2000. NATIONAL DROUGHT POLICY Pub. L. 105–199, July 16, 1998, 112 Stat. 641, as amended by Pub. L. 106–78, title VII, § 753, Oct. 22, 1999, 113 Stat. 1170, known as the ‘‘National Drought Policy Act of 1998’’, established the National Drought Policy Com- mission to study and submit a report on national drought policy and terminated the Commission 90 days after the submission of the report. RECOMMENDATIONS CONCERNING IMPROVEMENT OF RELA- TIONSHIPS AMONG DISASTER MANAGEMENT OFFICIALS Pub. L. 100–707, title I, § 110, Nov. 23, 1988, 102 Stat. 4710, provided that not later than 1 year after Nov. 23, 1988, the President was to recommend to the Congress proposals to improve the operational and fiscal

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5122

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 5122. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5170c — Hazard mitigation

**(a) In general** The President may contribute up to 75 percent of the cost of hazard mitigation measures which the President has determined are cost effective and which substantially reduce the risk of, or increase resilience to, future damage, hardship, loss, or suffering in any area affected by a major disaster, or any area affected by a fire for which assistance was provided under [section 5187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5187&num=0&edition=prelim). Such measures shall be identified following the evaluation of natural hazards under [section 5165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5165&num=0&edition=prelim) and shall be subject to approval by the President. Subject to [section 5165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5165&num=0&edition=prelim), the total of contributions under this section for a major disaster or event under [section 5187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5187&num=0&edition=prelim) shall not exceed 15 percent for amounts not more than $2,000,000,000, 10 percent for amounts of more than $2,000,000,000 and not more than $10,000,000,000, and 7.5 percent on amounts of more than $10,000,000,000 and not more than $35,333,000,000 of the estimated aggregate amount of grants to be made (less any associated administrative costs) under this chapter with respect to the major disaster or event under [section 5187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5187&num=0&edition=prelim). **(b) Property acquisition and relocation assistance** (1) **General authority** — In providing hazard mi

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5170c

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5170c — Hazard mitigation

Page 6394 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5170c Memorandum for the Secretary of Homeland Secu- rity [and] the Administrator of the Federal Emergency Management Agency By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Robert T. Stafford Disaster Re- lief and Emergency Assistance Act, 42 U.S.C. 5121–5207 (the ‘‘Stafford Act’’), I hereby order as follows: SECTION 1. Policy. It is the policy of my Administra- tion to combat and respond to the coronavirus disease 2019 (COVID–19) pandemic with the full capacity and ca- pability of the Federal Government to protect and sup- port our families, schools, and businesses, and to assist State, local, Tribal, and territorial governments to do the same, including through emergency and disaster as- sistance available from the Federal Emergency Man- agement Agency (FEMA) and through Federal support of the Governors’ use of the National Guard. SEC. 2. Assistance for Category B COVID–19 Emergency Protective Measures. FEMA shall provide a 100 percent Federal cost share for all work eligible for assistance under Public Assistance Category B, pursuant to sec- tions 403 (42 U.S.C. 5170b), 502 (42 U.S.C. 5192), and 503 (42 U.S.C. 5193) of the Stafford Act, including work de- scribed in section 3(a) of the Presidential Memorandum of January 21, 2021 (Memorandum to Extend Federal Support to Governors’ Use of the National Guard to Re- spond to COVID–19 and to Increase Reimbursement and Other Assistance Provided to States) [32 U.S.C. 502 note], and in section 2 of that memorandum on the Governors’ use of the National Guard, performed from January 20, 2020, through July 1, 2022. SEC. 3. General Provisions. (a) Nothing in this memo- randum shall

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5170c

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5171 — Federal facilities

**(a) Repair, reconstruction, restoration, or replacement of United States facilities** The President may authorize any Federal agency to repair, reconstruct, restore, or replace any facility owned by the United States and under the jurisdiction of such agency which is damaged or destroyed by any major disaster if he determines that such repair, reconstruction, restoration, or replacement is of such importance and urgency that it cannot reasonably be deferred pending the enactment of specific authorizing legislation or the making of an appropriation for such purposes, or the obtaining of congressional committee approval. **(b) Availability of funds appropriated to agency for repair, reconstruction, restoration, or replacement of agency facilities** In order to carry out the provisions of this section, such repair, reconstruction, restoration, or replacement may be begun notwithstanding a lack or an insufficiency of funds appropriated for such purpose, where such lack or insufficiency can be remedied by the transfer, in accordance with law, of funds appropriated to that agency for another purpose. **(c) Steps for mitigation of hazards** In implementing this section, Federal agencies shall evaluate the natural hazards to which these facilities are exposed and shall take appropriate action to mitigate such hazards, including safe land-use and construction practices, in accordance with standards prescribed by the President.

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