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42 U.S.C. § 5122 — Definitions

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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

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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 rela- tionships that exist among Federal, State, and local major disaster and emergency management officials, including provisions which would decrease the amount of time for processing requests for major disaster and emergency declarations and providing Federal assist- ance for major disasters and emergencies, provide for more effective utilization of State and local resources in relief efforts, and improve the timeliness of reim- bursement. DECLARED DISASTERS AND EMERGENCIES NOT AFFECTED Pub. L. 100–707, title I, § 112, Nov. 23, 1988, 102 Stat. 4711, provided that: ‘‘This title [see Short Title of 1988 Amendment note above] shall not affect the adminis- tration of any assistance for a major disaster or emer- gency declared by the President before the date of the enactment of this Act [Nov. 23, 1988].’’ Executive Documents DELEGATION OF FUNCTIONS Functions of the President under the Disaster Relief Acts of 1970 and 1974, with certain exceptions, were del- egated to the Secretary of Homeland Security, see sec- tions 4–201 and 4–203 of Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, as amended, set out as a note under sec- tion 5195 of this title. EXECUTIVE ORDER NO. 11749 Ex. Ord. No. 11749, Dec. 10, 1973, 38 F.R. 34177, which related to consolidation of functions assigned to Sec- retary of Housing and Urban Development, was revoked by Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, set out as a note under section 5195 of this title. EX. ORD. NO. 11795. DELEGATION OF PRESIDENTIAL FUNCTIONS Ex. Ord. No. 11795, July 11, 1974, 39 F.R. 25939, as amended by Ex. Ord. No. 11910, Apr. 13, 1976, 41 F.R. 15681; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12673, Mar. 23, 1989, 54 F.R. 12571, provided: By virtue of the authority vested in me by the Dis- aster Relief Act of 1974 (Public Law 93–288; 88 Stat. 143) [see References to Disaster Relief Act of 1974 note above], section 301 of title 3 of the United States Code, and as President of the United States of America, it is hereby ordered as follows: [SECTIONS 1 and 2. Revoked by Ex. Ord. No. 12148, § 5–111, July 20, 1979, 44 F.R. 43239.] SEC. 3. The Secretary of Agriculture is designated and empowered to exercise, without the approval, rati- fication, or other action of the President, all of the au- thority vested in the President by section 412 of the act [section 5179 of this title] concerning food coupons and distribution. [SEC. 4. Revoked by Ex. Ord. No. 12148, § 5–111, July 20, 1979, 44 F.R. 43239.] [References to a ‘‘coupon’’ provided under the Food and Nutrition Act of 2008 considered to refer to a ‘‘ben- efit’’ under that Act, see section 4115(d) of Pub. L. 110–246, set out as a note under section 2012 of Title 7, Agriculture.] SEISMIC SAFETY OF FEDERAL AND FEDERALLY ASSISTED OR REGULATED NEW BUILDING CONSTRUCTION For provisions relating to seismic safety require- ments for new construction or total replacement of a building under this chapter after a presidentially de- clared major disaster or emergency, see Ex. Ord. No. 13717, Feb. 2, 2016, 81 F.R. 6407, set out as a note under section 7704 of this title. § 5122. Definitions As used in this chapter— (1) EMERGENCY.—‘‘Emergency’’ means any oc- casion or instance for which, in the determina- tion of the President, Federal assistance is need- ed to supplement State and local efforts and ca- pabilities 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 hurri- cane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, vol- canic 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 Presi- dent 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 govern- ments, and disaster relief organizations in alle- viating the damage, loss, hardship, or suffering caused thereby. (3) ‘‘United States’’ means the fifty States, the District of Columbia, Puerto Rico, the Virgin Is- lands, Guam, American Samoa, and the Com- monwealth 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 Is- lands. (5) ‘‘Governor’’ means the chief executive of any State. (6) INDIAN TRIBAL GOVERNMENT.—The term ‘‘In- dian 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 Page 6358 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5122 1 See References in Text note below. as an Indian tribe under the Federally Recog- nized Indian Tribe List Act of 1994 (25 U.S.C. 479a et seq.).1 (7) INDIVIDUAL WITH A DISABILITY.—The term ‘‘individual with a disability’’ means an indi- vidual with a disability as defined in section 12102(2) of this title. (8) LOCAL GOVERNMENT.—The term ‘‘local gov- ernment’’ means— (A) a county, municipality, city, town, town- ship, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the coun- cil of governments is incorporated as a non- profit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government; (B) an Indian tribe or authorized tribal orga- nization, or Alaska Native village or organiza- tion, that is not an Indian tribal government as defined in paragraph (6); and (C) a rural community, unincorporated town or village, or other public entity, for which an application for assistance is made by a State or political subdivision of a State. (9) ‘‘Federal agency’’ means any department, independent establishment, Government cor- poration, or other agency of the executive branch of the Federal Government, including the United States Postal Service, but shall not include the American National Red Cross. (10) PUBLIC FACILITY.—‘‘Public facility’’ means the following facilities owned by a State or local government: (A) Any flood control, navigation, irrigation, reclamation, public power, sewage treatment and collection, water supply and distribution, watershed development, or airport facility. (B) Any non-Federal-aid street, road, or highway. (C) Any other public building, structure, or system, including those used for educational, recreational, or cultural purposes. (D) Any park. (11) PRIVATE NONPROFIT FACILITY.— (A) IN GENERAL.—The term ‘‘private non- profit facility’’ means private nonprofit edu- cational (without regard to the religious char- acter of the facility), center-based childcare, utility, irrigation, emergency, medical, rehabilitational, and temporary or permanent custodial care facilities (including those for the aged and disabled) and facilities on Indian reservations, as defined by the President. (B) ADDITIONAL FACILITIES.—In addition to the facilities described in subparagraph (A), the term ‘‘private nonprofit facility’’ includes any private nonprofit facility that provides es- sential social services to the general public (including museums, zoos, performing arts fa- cilities, community arts centers, community centers, libraries, homeless shelters, senior citizen centers, rehabilitation facilities, shel- ter workshops, food banks, broadcasting facili- ties, houses of worship, and facilities that pro- vide health and safety services of a govern- mental nature), as defined by the President. No house of worship may be excluded from this definition because leadership or member- ship in the organization operating the house of worship is limited to persons who share a reli- gious faith or practice. (12) CHIEF EXECUTIVE.—The term ‘‘Chief Execu- tive’’ means the person who is the Chief, Chair- man, Governor, President, or similar executive official of an Indian tribal government. (Pub. L. 93–288, title I, § 102, May 22, 1974, 88 Stat. 144; Pub. L. 100–707, title I, § 103(b)–(d), (f), Nov. 23, 1988, 102 Stat. 4689, 4690; Pub. L. 102–247, title II, § 205, Feb. 24, 1992, 106 Stat. 38; Pub. L. 106–390, title III, § 302, Oct. 30, 2000, 114 Stat. 1572; Pub. L. 109–295, title VI, § 688, Oct. 4, 2006, 120 Stat. 1448; Pub. L. 113–2, div. B, § 1110(c), Jan. 29, 2013, 127 Stat. 49; Pub. L. 114–111, § 2(a), Dec. 18, 2015, 129 Stat. 2240; Pub. L. 115–123, div. B, title VI, § 20604(a), Feb. 9, 2018, 132 Stat. 85; Pub. L. 115–254, div. D, §§ 1214, 1238(b), Oct. 5, 2018, 132 Stat. 3449, 3466.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in introductory provisions and par. (2), 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 section 5121 of this title and Tables. The Federally Recognized Indian Tribe List Act of 1994, referred to in par. (6), is title I of Pub. L. 103–454, Nov. 2, 1994, 108 Stat. 4791, which was classified prin- cipally to section 479a et seq. of Title 25, Indians, prior to editorial reclassification as section 5130 et seq. of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of Title 25 and Tables. AMENDMENTS 2018—Par. (11). Pub. L. 115–123 amended subpar. (B) generally by substituting a second subpar. (A) and a subpar. (B) for former subpar. (B). Prior to amendment, subpar. (B) read as follows: ‘‘In addition to the facili- ties described in subparagraph (A), the term ‘private nonprofit facility’ includes any private nonprofit facil- ity that provides essential services of a governmental nature to the general public (including museums, zoos, performing arts facilities, community arts centers, li- braries, homeless shelters, senior citizen centers, reha- bilitation facilities, shelter workshops, broadcasting facilities, and facilities that provide health and safety services of a governmental nature), as defined by the President.’’ Par. (11)(A). Pub. L. 115–254, § 1238(b)(2), struck out first subpar. (A) which read as follows: ‘‘The term ‘pri- vate nonprofit facility’ means private nonprofit edu- cational, utility, irrigation, emergency, medical, rehabilitational, and temporary or permanent custo- dial care facilities (including those for the aged and disabled) and facilities on Indian reservations, as de- fined by the President.’’ Pub. L. 115–254, § 1238(b)(1), inserted ‘‘center-based childcare,’’ after ‘‘facility),’’ in second subpar. (A) as added by Pub. L. 115–123. Par. (11)(B). Pub. L. 115–254, § 1214, inserted ‘‘food banks,’’ after ‘‘shelter workshops,’’. 2015—Par. (11)(B). Pub. L. 114–111 inserted ‘‘broad- casting facilities,’’ after ‘‘workshops,’’. 2013—Par. (6). Pub. L. 113–2, § 1110(c)(3), added par. (6). Former par. (6) redesignated (7). Par. (7). Pub. L. 113–2, § 1110(c)(2), redesignated par. (6) as (7). Former par. (7) redesignated (8). Par. (7)(B). Pub. L. 113–2, § 1110(c)(1), substituted ‘‘, that is not an Indian tribal government as defined in paragraph (6); and’’ for ‘‘; and’’. Pars. (8) to (11). Pub. L. 113–2, § 1110(c)(2), redesignated pars. (7) to (10) as (8) to (11), respectively. Page 6359 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5122 Par. (12). Pub. L. 113–2, § 1110(c)(4), added par. (12). 2006—Pars. (6) to (8). Pub. L. 109–295, § 688(2), added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively. Former par. (8) redesignated (9). Par. (9). Pub. L. 109–295, § 688(2), redesignated par. (8) as (9). Former par. (9) redesignated (10). Pub. L. 109–295, § 688(1), amended par. (9) generally. Prior to amendment, text read as follows: ‘‘ ‘Private nonprofit facility’ means private nonprofit educational, utility, irrigation, emergency, medical, rehabilitational, and temporary or permanent custo- dial care facilities (including those for the aged and disabled), other private nonprofit facilities which pro- vide essential services of a governmental nature to the general public, and facilities on Indian reservations as defined by the President.’’ Par. (10). Pub. L. 109–295, § 688(2), redesignated par. (9) as (10). 2000—Par. (3). Pub. L. 106–390, § 302(1), substituted ‘‘and the Commonwealth of the Northern Mariana Is- lands’’ for ‘‘the Northern Mariana Islands, and the Trust Territory of the Pacific Islands’’. Par. (4). Pub. L. 106–390, § 302(1), substituted ‘‘and the Commonwealth of the Northern Mariana Islands’’ for ‘‘the Northern Mariana Islands, or the Trust Territory of the Pacific Islands’’. Par. (6). Pub. L. 106–390, § 302(2), added par. (6) and struck out former par. (6) which read as follows: ‘‘ ‘Local government’ means (A) any county, city, vil- lage, town, district, or other political subdivision of any State, any Indian tribe or authorized tribal organi- zation, or Alaska Native village or organization, and (B) includes any rural community or unincorporated town or village or any other public entity for which an application for assistance is made by a State or polit- ical subdivision thereof.’’ Par. (9). Pub. L. 106–390, § 302(3), inserted ‘‘irrigation,’’ after ‘‘utility,’’. 1992—Pars. (3), (4). Pub. L. 102–247 inserted ‘‘the Northern Mariana Islands,’’ after ‘‘American Samoa,’’. 1988—Par. (1). Pub. L. 100–707, § 103(b), inserted head- ing and amended text generally. Prior to amendment, text read as follows: ‘‘ ‘Emergency’ means any hurri- cane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic erup- tion, landslide, mudslide, snowstorm, drought, fire, ex- plosion, or other catastrophe in any part of the United States which requires Federal emergency assistance to supplement State and local efforts to save lives and protect property, public health and safety or to avert or lessen the threat of a disaster.’’ Par. (2). Pub. L. 100–707, § 103(c), inserted heading and amended text generally. Prior to amendment, text read as follows: ‘‘ ‘Major disaster’ means any hurricane, tor- nado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, land- slide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe 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, above and beyond emergency services by the Federal Government, to supplement the efforts and available resources of States, local governments, and disaster relief organiza- tions in alleviating the damage, loss, hardship, or suf- fering caused thereby.’’ Pars. (3), (4). Pub. L. 100–707, § 103(d), struck out ‘‘the Canal Zone,’’ after ‘‘American Samoa,’’. Pars. (8), (9). Pub. L. 100–707, § 103(f), added pars. (8) and (9). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–254, div. D, § 1238(c), Oct. 5, 2018, 132 Stat. 3466, provided that: ‘‘The amendment made by sub- section (b)(1) [amending this section] shall apply to any major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191) on or after the date of enactment of this Act [Oct. 5, 2018].’’ 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. Pub. L. 115–123, div. B, title VI, § 20604(c), Feb. 9, 2018, 132 Stat. 86, provided that: ‘‘This section [amending this section and section 5172 of this title] and the amendments made by this section shall apply— ‘‘(1) to the provision of assistance in response to a major disaster or emergency declared on or after Au- gust 23, 2017; or ‘‘(2) with respect to— ‘‘(A) any application for assistance that, as of the date of enactment of this Act [Feb. 9, 2018], is pend- ing before Federal Emergency Management Agen- cy; and ‘‘(B) any application for assistance that has been denied, where a challenge to that denial is not yet finally resolved as of the date of enactment of this Act.’’ REGULATIONS Pub. L. 113–2, div. B, § 1110(e), Jan. 29, 2013, 127 Stat. 49, provided that: ‘‘(1) ISSUANCE.—The President shall issue regulations to carry out the amendments made by this section [en- acting section 5123 of this title and amending this sec- tion and sections 5170 and 5191 of this title]. ‘‘(2) FACTORS.—In issuing the regulations, the Presi- dent shall consider the unique conditions that affect the general welfare of Indian tribal governments.’’ LOCAL GOVERNMENT Pub. L. 100–707, title I, § 103(e), Nov. 23, 1988, 102 Stat. 4690, provided that: ‘‘(1) IN GENERAL.—The term ‘local government’ is deemed to have the same meaning in the Disaster Re- lief and Emergency Assistance Act [Pub. L. 93–288, see Short Title note set out under section 5121 of this title], as amended by this Act [see Short Title of 1988 Amendment note set out under section 5121 of this title], as that term had on October 1, 1988, under sec- tion 102(6) of the Disaster Relief Act of 1974 [par. (6) of this section] and regulations implementing the Dis- aster Relief Act of 1974. ‘‘(2) TERMINATION OF EFFECTIVENESS.—Paragraph (1) shall not be effective on and after the 90th day after the President transmits to the Committee on Public Works and Transportation of the House of Representatives and to the Committee on Environment and Public Works of the Senate a report which includes an inter- pretation of the term ‘local government’ for purposes of the Disaster Relief and Emergency Assistance Act, as amended by this Act.’’ [Functions of President under section 103(e)(2) of Pub. L. 100–707 delegated to Administrator of Federal Emer- gency Management Agency by section 3 of Ex. Ord. No. 12673, Mar. 23, 1989, 54 F.R. 12571, set out as a note under section 5195 of this title.] DEFINITIONS Pub. L. 115–254, div. D, § 1203, Oct. 5, 2018, 132 Stat. 3438, provided that: ‘‘In this division [see Short Title of 2018 Amendment note set out under section 5121 of this title]: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Federal Emergency Management Agency. ‘‘(2) AGENCY.—The term ‘Agency’ means the Federal Emergency Management Agency. ‘‘(3) STATE.—The term ‘State’ has the meaning given that term in section 102 of the Robert T. Staf- Page 6360 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5123 ford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).’’ § 5123. References Except as otherwise specifically provided, any reference in this chapter to ‘‘State and local’’, ‘‘State or local’’, ‘‘State, and local’’, ‘‘State, or local’’, or ‘‘State, local’’ (including plurals) with respect to governments or officials and any ref- erence to a ‘‘local government’’ in sections 5172(d)(3) and 5184 of this title is deemed to refer also to Indian tribal governments and officials, as appropriate. (Pub. L. 93–288, title I, § 103, as added Pub. L. 113–2, div. B, § 1110(d), Jan. 29, 2013, 127 Stat. 49.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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 section 5121 of this title and Tables. SUBCHAPTER II—DISASTER PREPARED- NESS AND MITIGATION ASSISTANCE § 5131. Federal and State disaster preparedness programs (a) Utilization of services of other agencies The President is authorized to establish a pro- gram of disaster preparedness that utilizes serv- ices of all appropriate agencies and includes— (1) preparation of disaster preparedness plans for mitigation, warning, emergency op- erations, rehabilitation, and recovery; (2) training and exercises; (3) postdisaster critiques and evaluations; (4) annual review of programs; (5) coordination of Federal, State, and local preparedness programs; (6) application of science and technology; (7) research. (b) Technical assistance for the development of plans and programs The President shall provide technical assist- ance to the States in developing comprehensive plans and practicable programs for preparation against disasters, including hazard reduction, avoidance, and mitigation; for assistance to in- dividuals, businesses, and State and local gov- ernments following such disasters; and for re- covery of damaged or destroyed public and pri- vate facilities. (c) Grants to States for development of plans and programs Upon application by a State, the President is authorized to make grants, not to exceed in the aggregate to such State $250,000, for the develop- ment of plans, programs, and capabilities for disaster preparedness and prevention. Such grants shall be applied for within one year from May 22, 1974. Any State desiring financial assist- ance under this section shall designate or create an agency to plan and administer such a disaster preparedness program, and shall, through such agency, submit a State plan to the President, which shall— (1) set forth a comprehensive and detailed State program for preparation against and as- sistance following, emergencies and major dis- asters, including provisions for assistance to individuals, businesses, and local govern- ments; and (2) include provisions for appointment and training of appropriate staffs, formulation of necessary regulations and procedures and con- duct of required exercises. (d) Grants for improvement, maintenance, and updating of State plans The President is authorized to make grants not to exceed 50 per centum of the cost of im- proving, maintaining and updating State dis- aster assistance plans, including evaluations of natural hazards and development of the pro- grams and actions required to mitigate such hazards; except that no such grant shall exceed $50,000 per annum to any State. (Pub. L. 93–288, title II, § 201, May 22, 1974, 88 Stat. 145; Pub. L. 100–707, title I, § 104, Nov. 23, 1988, 102 Stat. 4690.) Editorial Notes AMENDMENTS 1988—Subsec. (a). Pub. L. 100–707, § 104(b)(1), struck out ‘‘(including the Defense Civil Preparedness Agen- cy)’’ after ‘‘agencies’’. Subsec. (d). Pub. L. 100–707, § 104(a), (b)(2), inserted ‘‘including evaluations of natural hazards and develop- ment of the programs and actions required to mitigate such hazards;’’ after ‘‘plans,’’ and substituted ‘‘$50,000’’ for ‘‘$25,000’’. Statutory Notes and Related Subsidiaries RED FLAG WARNINGS AND PREDISASTER ACTIONS; DEFINITIONS Pub. L. 117–251, §§ 2, 4, Dec. 20, 2022, 136 Stat. 2354, 2356, provided that: ‘‘SEC. 2. DEFINITIONS. ‘‘In this Act [see Short Title of 2022 Amendment note set out under section 5121 of this title]— ‘‘(1) the term ‘Administrator’ means the Adminis- trator of the Agency; ‘‘(2) the term ‘Agency’ means the Federal Emer- gency Management Agency; ‘‘(3) the term ‘appropriate committees of Congress’ means— ‘‘(A) the Committee on Homeland Security and Governmental Affairs and the Committee on Appro- priations of the Senate; and ‘‘(B) the Committee on Transportation and Infra- structure and the Committee on Appropriations of the House of Representatives; ‘‘(4) the term ‘emergency’ means an emergency de- clared or determined to exist by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191); ‘‘(5) the terms ‘Indian tribal government’, ‘local government’, and ‘State’ have the meanings given such terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122); and ‘‘(6) the term ‘major disaster’ means a major dis- aster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). ‘‘SEC. 4. RED FLAG WARNINGS AND PREDISASTER ACTIONS. ‘‘Not later than 1 year after the date of enactment of this Act [Dec. 20, 2022], the Administrator, in coordina-

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

25 U.S.C. § 479a — Transferred

### Statutory Notes #### Codification Section 479a was editorially reclassified as [section 5130 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5130&num=0&edition=prelim).

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

25 U.S.C. § 479a — Transferred

Page 148 TITLE 25—INDIANS § 478–1 § 478–1. Transferred Editorial Notes CODIFICATION Section 478–1 was editorially reclassified as section 5126 of this title. § 478a. Transferred Editorial Notes CODIFICATION Section 478a was editorially reclassified as section 5127 of this title. § 478b. Transferred Editorial Notes CODIFICATION Section 478b was editorially reclassified as section 5128 of this title. § 479. Transferred Editorial Notes CODIFICATION Section 479 was editorially reclassified as section 5129 of this title. § 479a. Transferred Editorial Notes CODIFICATION Section 479a was editorially reclassified as section 5130 of this title. § 479a–1. Transferred Editorial Notes CODIFICATION Section 479a–1 was editorially reclassified as section 5131 of this title. § 480. Transferred Editorial Notes CODIFICATION Section 480 was editorially reclassified as section 5132 of this title. § 481. Omitted Editorial Notes CODIFICATION Section, act July 2, 1942, ch. 473, § 1, 56 Stat. 513, which related to an allowance to Indians traveling away from home involved in tribal organization work, was from the Interior Department Appropriation Act, 1943, and was not repeated in subsequent appropriations acts. § 482. Transferred Editorial Notes CODIFICATION Section 482 was editorially reclassified as section 5133 of this title. § 483. Transferred Editorial Notes CODIFICATION Section 483 was editorially reclassified as section 5134 of this title. § 483a. Transferred Editorial Notes CODIFICATION Section 483a was editorially reclassified as section 5135 of this title. § 484. Omitted Editorial Notes CODIFICATION Section, act July 14, 1954, ch. 472, § 1, 68 Stat. 467, which related to conversion of exchange assignments of tribal lands on certain

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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.

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

42 U.S.C. § 5170 — Procedure for declaration

**(a) In general** All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As part of such request, and as a prerequisite to major disaster assistance under this chapter, the Governor shall take appropriate response action under State law and direct execution of the State’s emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this chapter. Based on the request of a Governor under this section, the President may declare under this chapter that a major disaster or emergency exists. **(b) Indian tribal government requests** (1) **In general** — The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that a major disaster exists consistent with the requirements of subsection (a). (2) **References** — In implementing assistance authorized by the President under this chapter in response to a request of the Chief Executive of an affected Indian tribal government for a major disaster declaration, any reference in this subchapter or subchapter III (except sections 5153 and 5165d of this title) to a State or the Governor of a State is deemed to refer to a

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

42 U.S.C. § 5170 — Procedure for declaration

Page 6389 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5170 (2) Acquisition and maintenance of equip- ment, including interoperable communica- tions and personal protective equipment. (3) Medical monitoring required for re- sponder safety and health in anticipation of and following a major disaster, emergency, or other hazard, as determined by the Adminis- trator. (m) Response cooperative agreements The Administrator shall enter into a response cooperative agreement with each sponsoring agency, as appropriate, under which the Admin- istrator agrees to reimburse the sponsoring agency for costs incurred by the sponsoring agency in responding to a major disaster or emergency. (n) Obligations The Administrator may incur all necessary obligations consistent with this section in order to ensure the effectiveness of the System. (o) Equipment maintenance and replacement Not later than 180 days after December 16, 2016, the Administrator shall submit to the ap- propriate congressional committees (as defined in section 101 of title 6) a report on the develop- ment of a plan, including implementation steps and timeframes, to finance, maintain, and re- place System equipment. (p) Federal employees Nothing in this section shall be construed to mean that a task force may not include Federal employees. In the case of a Federal employee de- tailed to a task force, the sponsoring agency shall enter into an agreement with the relevant employing Federal agency. (Pub. L. 93–288, title III, § 327, as added Pub. L. 114–326, § 2(a), Dec. 16, 2016, 130 Stat. 1968; amend- ed Pub. L. 116–48, § 1, Aug. 22, 2019, 133 Stat. 1071.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (f)(3), was in the original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,

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

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

42 U.S.C. § 5191 — Procedure for declaration

**(a) Request and declaration** All requests for a declaration by the President that an emergency exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the situation is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As a part of such request, and as a prerequisite to emergency assistance under this chapter, the Governor shall take appropriate action under State law and direct execution of the State’s emergency plan. The Governor shall furnish information describing the State and local efforts and resources which have been or will be used to alleviate the emergency, and will define the type and extent of Federal aid required. Based upon such Governor’s request, the President may declare that an emergency exists. **(b) Certain emergencies involving Federal primary responsibility** The President may exercise any authority vested in him by [section 5192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5192&num=0&edition=prelim) or [section 5193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5193&num=0&edition=prelim) with respect to an emergency when he determines that an emergency exists for which the primary responsibility for response rests with the United States because the emergency involves a subject area for which, under the Constitution or laws of the United States, the United States exercises exclusive or preeminent responsibility and authority. In determining whether or not such an emergency exists, the President shall consult the Governor of any affected State, if practicable. The President’s determina

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

42 U.S.C. § 5191 — Procedure for declaration

Page 6426 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5191 (C) The total amount of contracts awarded with no competitive bidding. (D) The damage category codes, if applica- ble, for contracts awarded without competi- tive bidding. (e) Collection of public assistance recipient and subrecipient contracts (1) In general Not later than 180 days after October 5, 2018, the Administrator of the Federal Emergency Management Agency shall initiate and main- tain an effort to collect and store information, prior to the project closeout phase on any con- tract entered into by a public assistance re- cipient or subrecipient that through the base award, available options, or any subsequent modifications has an estimated value of more than $1,000,000 and is funded through section 5165b, 5170b, 5170c, 5172, 5173, 5189f, or 5192 of this title, including— (A) the disaster number, project worksheet number, and the category of work associated with each contract; (B) the name of each party; (C) the date the contract was awarded; (D) the amount of the contract; (E) the scope of the contract; (F) the period of performance for the con- tract; and (G) whether the contract was awarded through a competitive bidding process. (2) Availability of information collected The Administrator of the Federal Emer- gency Management Agency shall make the in- formation collected and stored under para- graph (1) available to the Inspector General of the Department of Homeland Security, the Government Accountability Office, and appro- priate committees of Congress, upon request. (3) Report Not later than 365 days after October 5, 2018, the Administrator of the Federal Emergency Management Agency shall submit a report to the Committee on Homeland Security and Governmental Affairs of

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5191

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