42 U.S.C. § 5173 — Debris removal

Page 6404 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5173 GUIDANCE AND RECOMMENDATIONS Pub. L. 115–254, div. D, § 1230, Oct. 5, 2018, 132 Stat. 3459, provided that: ‘‘(a) GUIDANCE.—The Administrator [of the Federal Emergency Management Agency] shall provide guid- ance to a common interest community that provides essential services of a governmental nature on actions that a common interest community may take in order to be eligible to receive reimbursement from a grantee that receives funds from the [Federal Emergency Man- agement] Agency for certain activities performed after an event that results in a major disaster declared by the President under section 401 of the Robert T. Staf- ford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). ‘‘(b) RECOMMENDATIONS.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Ad- ministrator shall provide to the Committee on Trans- portation and Infrastructure of the House of Represent- atives and the Committee on Homeland Security and Governmental Affairs of the Senate a legislative pro- posal on how to provide eligibility for disaster assist- ance with respect to common areas of condominiums and housing cooperatives. ‘‘(c) EFFECTIVE DATE.—This section shall be effective on the date of enactment of this Act.’’ POST-DISASTER BUILDING SAFETY ASSESSMENT Pub. L. 115–254, div. D, § 1241, Oct. 5, 2018, 132 Stat. 3466, provided that: ‘‘(a) BUILDING SAFETY ASSESSMENT TEAM.— ‘‘(1) IN GENERAL.—The Administrator [of the Fed- eral Emergency Management Agency] shall coordi- nate with State and local governments and organiza- tions representing design professionals, such as archi- tects and engineers, to develop guidance, including best practices, for post-disaster assessment of build- ings by licensed architects and engineers to ensure the design professionals properly analyze the struc- tural integrity and livability of buildings and struc- tures. ‘‘(2) PUBLICATION.—The Administrator shall publish the guidance required to be developed under para- graph (1) not later than 1 year after the date of enact- ment of this Act [Oct. 5, 2018]. ‘‘(b) NATIONAL INCIDENT MANAGEMENT SYSTEM.—The Administrator shall revise or issue guidance as re- quired to the National Incident Management System Resource Management component to ensure the func- tions of post-disaster building safety assessment, such as those functions performed by design professionals are accurately resource typed within the National Inci- dent Management System. ‘‘(c) EFFECTIVE DATE.—This section shall be effective on the date of enactment of this Act.’’ [For definition of ‘‘State’’ as used in section 1241 of Pub. L. 115–254, set out above, see section 1203 of Pub. L. 115–254, set out as a note under section 5122 of this title.] REVIEW OF ASSISTANCE FOR DAMAGED UNDERGROUND WATER INFRASTRUCTURE Pub. L. 115–254, div. D, § 1245, Oct. 5, 2018, 132 Stat. 3468, provided that: ‘‘(a) DEFINITION OF PUBLIC ASSISTANCE GRANT PRO- GRAM.—The term ‘public assistance grant program’ means the public assistance grant program authorized under sections 403, 406, 407, 428, and 502(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b, 5172, 5173, [5189f,] 5192(a)). ‘‘(b) REVIEW AND BRIEFING.—Not later than 60 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Emergency Manage- ment Agency] shall— ‘‘(1) conduct a review of the assessment and eligi- bility process under the public assistance grant pro- gram with respect to assistance provided for damaged underground water infrastructure as a result of a major disaster declared under section 401 of such Act (42 U.S.C. 5170), including wildfires, and shall include the extent to which local technical memoranda, pre- pared by a local unit of government in consultation with the relevant State or Federal agencies, identi- fied damaged underground water infrastructure that should be eligible for the public assistance grant pro- gram; and ‘‘(2) provide to the Committee on Homeland Secu- rity and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the review conducted under paragraph (1). ‘‘(c) REPORT AND RECOMMENDATIONS.—The Adminis- trator shall— ‘‘(1) not later than 180 days after the date of enact- ment of this Act, issue a report on the review con- ducted under subsection (b)(1); and ‘‘(2) not later than 180 days after the date on which the Administrator issues the report required under paragraph (1), initiate a rulemaking, if appropriate, to address any recommendations contained in the re- port.’’ [For definition of ‘‘State’’ as used in section 1245 of Pub. L. 115–254, set out above, see section 1203 of Pub. L. 115–254, set out as a note under section 5122 of this title.] § 5173. Debris removal (a) Presidential authority The President, whenever he determines it to be in the public interest, is authorized— (1) through the use of Federal departments, agencies, and instrumentalities, to clear de- bris and wreckage resulting from a major dis- aster from publicly and privately owned lands and waters; and (2) to make grants to any State or local gov- ernment or owner or operator of a private non- profit facility for the purpose of removing de- bris or wreckage resulting from a major dis- aster from publicly or privately owned lands and waters. (b) Authorization by State or local government; indemnification agreement No authority under this section shall be exer- cised unless the affected State or local govern- ment shall first arrange an unconditional au- thorization for removal of such debris or wreck- age from public and private property, and, in the case of removal of debris or wreckage from pri- vate property, shall first agree to indemnify the Federal Government against any claim arising from such removal. (c) Rules relating to large lots The President shall issue rules which provide for recognition of differences existing among urban, suburban, and rural lands in implementa- tion of this section so as to facilitate adequate removal of debris and wreckage from large lots. (d) Federal share The Federal share of assistance under this sec- tion shall be not less than 75 percent of the eli- gible cost of debris and wreckage removal car- ried out under this section. (e) Expedited payments (1) Grant assistance In making a grant under subsection (a)(2), the President shall provide not less than 50 percent of the President’s initial estimate of the Federal share of assistance as an initial payment in accordance with paragraph (2). Page 6405 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5174 (2) Date of payment Not later than 60 days after the date of the estimate described in paragraph (1) and not later than 90 days after the date on which the State or local government or owner or oper- ator of a private nonprofit facility applies for assistance under this section, an initial pay- ment described in paragraph (1) shall be paid. (Pub. L. 93–288, title IV, § 407, formerly § 403, May 22, 1974, 88 Stat. 154; renumbered § 407 and amended Pub. L. 100–707, title I, § 106(c), Nov. 23, 1988, 102 Stat. 4701; Pub. L. 109–347, title VI, § 610, Oct. 13, 2006, 120 Stat. 1942.) Editorial Notes PRIOR PROVISIONS A prior section 407 of Pub. L. 93–288 was renumbered section 410 by Pub. L. 100–707 and is classified to section 5177 of this title. AMENDMENTS 2006—Subsec. (e). Pub. L. 109–347 added subsec. (e). 1988—Subsec. (a)(2). Pub. L. 100–707, § 106(c)(2), in- serted ‘‘or owner or operator of a private nonprofit fa- cility’’ after ‘‘local government’’. Subsecs. (c), (d). Pub. L. 100–707, § 106(c)(3), added sub- secs. (c) and (d). Statutory Notes and Related Subsidiaries DISASTER CONTRACT IMPROVEMENT Pub. L. 118–153, Dec. 17, 2024, 138 Stat. 1688, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Disaster Contract Im- provement Act’. ‘‘SEC. 2. OVERSIGHT ON DEBRIS REMOVAL. ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Federal Emergency Management Agency. ‘‘(2) DEBRIS REMOVAL PROGRAM.—The term ‘debris removal program’ means the program established under section 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5173). ‘‘(b) ADVISORY WORKING GROUP.— ‘‘(1) IN GENERAL.—The Administrator shall establish an advisory working group to encourage and foster collaborative efforts among individuals and entities engaged in disaster recovery relating to debris re- moval. ‘‘(2) MEMBERSHIP.—The advisory working group es- tablished under paragraph (1) shall be comprised of— ‘‘(A) representatives from the Federal Emergency Management Agency; ‘‘(B) representatives from the Army Corps of En- gineers; ‘‘(C) representatives from the Natural Resources Conservation Service of the Department of Agri- culture; ‘‘(D) representatives of States, Tribal govern- ments, and units of local government; and ‘‘(E) subject matter experts in debris removal, in- cluding not less than 1 representative from the de- bris services contractor industry. ‘‘(c) GUIDANCE.—Not later than 1 year after the date of enactment of this Act [Dec. 17, 2024], the Adminis- trator, in consultation with the advisory working group established under subsection (b)(1), shall— ‘‘(1) determine whether guidance and procedures in effect as of the date of enactment of this Act with re- spect to the oversight and cost of debris removal con- tracts entered into under the debris removal program are sufficient; and ‘‘(2) if the Administrator, in consultation with the advisory working group established under subsection (b)(1), determines that the guidance and procedures described in paragraph (1) are insufficient, develop and implement additional such guidance and proce- dures, including— ‘‘(A) a requirement that each State, Tribal gov- ernment, and unit of local government receiving a grant under the debris removal program take the primary role in the oversight function of debris re- moval; ‘‘(B) guidance for State, Tribal, and local debris monitors relating to debris removal operations, de- bris operations oversight, and contractor oversight, including contractor monitoring; ‘‘(C) guidance for streamlining the reimburse- ment of debris costs overall, including debris man- agement planning and support for resilience in de- bris removal operations; ‘‘(D) checklists, job aids, eligibility requirements, contract requirements, debris management plan- ning guidance, sample bids, and other items, as de- termined necessary by the Administrator, for State and local debris monitors; ‘‘(E) a list of the specific debris removal moni- toring responsibilities expected to be completed by a State that receives a grant under the debris re- moval program; ‘‘(F) a list of the specific debris removal moni- toring responsibilities expected to be completed by recipients of a grant under the debris removal pro- gram; and ‘‘(G) guidance for State and Tribal governments and units of local government to reduce duplication and inefficiency in debris removal contracting across the Federal Government, State and Tribal governments, and units of local government. ‘‘(d) TRAINING.—The Administrator shall conduct out- reach to States, Tribal governments, and units of local government with respect to any guidance or support materials developed under this section. ‘‘(e) GAO STUDY.—Not later than 1 year after the date of enactment of this Act [Dec. 17, 2024], the Comptroller General of the United States shall conduct a study that— ‘‘(1) studies the use and adoption rate of advance contracts for debris removal by selected States, Trib- al governments, and units of local government; ‘‘(2) identifies the benefits and challenges of ad- vance contracts for debris removal; ‘‘(3) with respect to the reporting and information sharing processes, as of the date of enactment of this Act, for advance contracts for debris removal be- tween States and units of local government and Fed- eral partners— ‘‘(A) assesses those processes; and ‘‘(B) makes any necessary recommendations for those processes; ‘‘(4) studies— ‘‘(A) the process for setting Federal reimburse- ment rates for the debris removal program; ‘‘(B) the use of penalties, as of the date of enact- ment of this Act, for violations of law and regula- tions relating to debris removal; and ‘‘(C) fraud, waste, and abuse relating to the debris removal program, including case studies; and ‘‘(5) makes any necessary recommendations for im- provements to oversight and fraud prevention across the debris removal program.’’ § 5174. Federal assistance to individuals and households (a) In general (1) Provision of assistance In accordance with this section, the Presi- dent, in consultation with the Governor of a State, may provide financial assistance, and, if necessary, direct services, to individuals and