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 be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Administrator of FEMA is authorized and di- rected to publish this memorandum in the Federal Reg- ister. J.R. BIDEN, JR. Prior provisions related to maximizing assistance from the Federal Emergency Management Agency to respond to COVID–19 were contained in the following: Memorandum of President of the United States, Dec. 27, 2021, 87 F.R. 27. Memorandum of President of the United States, Nov. 9, 2021, 86 F.R. 64055. Memorandum of President of the United States, Aug. 17, 2021, 86 F.R. 46759. Memorandum of President of the United States, Feb. 2, 2021, 86 F.R. 8281. § 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. Such measures shall be identified fol- lowing the evaluation of natural hazards under section 5165 of this title and shall be subject to approval by the President. Subject to section 5165 of this title, the total of contributions under this section for a major disaster or event under section 5187 of this title 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 associ- ated administrative costs) under this chapter with respect to the major disaster or event under section 5187 of this title. (b) Property acquisition and relocation assist- ance (1) General authority In providing hazard mitigation assistance under this section in connection with flooding, the Administrator of the Federal Emergency Management Agency may provide property ac- quisition and relocation assistance for projects that meet the requirements of para- graph (2). (2) Terms and conditions An acquisition or relocation project shall be eligible to receive assistance pursuant to para- graph (1) only if— (A) the applicant for the assistance is oth- erwise eligible to receive assistance under the hazard mitigation grant program estab- lished under subsection (a); and (B) on or after December 3, 1993, the appli- cant for the assistance enters into an agree- ment with the Administrator that provides assurances that— (i) any property acquired, accepted, or from which a structure will be removed pursuant to the project will be dedicated and maintained in perpetuity for a use that is compatible with open space, rec- reational, or wetlands management prac- tices; (ii) no new structure will be erected on property acquired, accepted or from which a structure was removed under the acquisi- tion or relocation program other than— (I) a public facility that is open on all sides and functionally related to a des- ignated open space; (II) a rest room; or (III) a structure that the Adminis- trator approves in writing before the commencement of the construction of the structure; and (iii) after receipt of the assistance, with respect to any property acquired, accepted or from which a structure was removed under the acquisition or relocation pro- gram— (I) no subsequent application for addi- tional disaster assistance for any pur- pose will be made by the recipient to any Federal entity; and (II) no assistance referred to in sub- clause (I) will be provided to the appli- cant by any Federal source. Page 6395 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5170c 1 See References in Text note below. (3) Statutory construction Nothing in this subsection is intended to alter or otherwise affect an agreement for an acquisition or relocation project carried out pursuant to this section that was in effect on the day before December 3, 1993. (c) Program administration by States (1) In general A State desiring to administer the hazard mitigation grant program established by this section with respect to hazard mitigation as- sistance in the State may submit to the Presi- dent an application for the delegation of the authority to administer the program. (2) Criteria The President, in consultation and coordina- tion with States and local governments, shall establish criteria for the approval of applica- tions submitted under paragraph (1). Until such time as the Administrator promulgates regulations to implement this paragraph, the Administrator may waive notice and comment rulemaking, if the Administrator determines doing so is necessary to expeditiously imple- ment this section, and may carry out this sec- tion as a pilot program. The criteria shall in- clude, at a minimum— (A) the demonstrated ability of the State to manage the grant program under this sec- tion; (B) there being in effect an approved miti- gation plan under section 5165 of this title; and (C) a demonstrated commitment to miti- gation activities. (3) Approval The President shall approve an application submitted under paragraph (1) that meets the criteria established under paragraph (2). (4) Withdrawal of approval If, after approving an application of a State submitted under paragraph (1), the President determines that the State is not admin- istering the hazard mitigation grant program established by this section in a manner satis- factory to the President, the President shall withdraw the approval. (5) Audits The President shall provide for periodic au- dits of the hazard mitigation grant programs administered by States under this subsection. (d) Streamlined procedures (1) In general For the purpose of providing assistance under this section, the President shall ensure that— (A) adequate resources are devoted to en- sure that applicable environmental reviews under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and his- toric preservation reviews under the Na- tional Historic Preservation Act 1 are com- pleted on an expeditious basis; and (B) the shortest existing applicable process under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and the Na- tional Historic Preservation Act 1 is utilized. (2) Authority for other expedited procedures The President may utilize expedited proce- dures in addition to those required under para- graph (1) for the purpose of providing assist- ance under this section, such as procedures under the Prototype Programmatic Agree- ment of the Federal Emergency Management Agency, for the consideration of multiple structures as a group and for an analysis of the cost-effectiveness and fulfillment of cost- share requirements for proposed hazard miti- gation measures. (e) Advance assistance The President may provide not more than 25 percent of the amount of the estimated cost of hazard mitigation measures to a State grantee eligible for a grant under this section before eli- gible costs are incurred. (f) Use of assistance Recipients of hazard mitigation assistance provided under this section and section 5133 of this title may use the assistance to conduct ac- tivities to help reduce the risk of future damage, hardship, loss, or suffering in any area affected by a wildfire or windstorm, such as— (1) reseeding ground cover with quick-grow- ing or native species; (2) mulching with straw or chipped wood; (3) constructing straw, rock, or log dams in small tributaries to prevent flooding; (4) placing logs and other erosion barriers to catch sediment on hill slopes; (5) installing debris traps to modify road and trail drainage mechanisms; (6) modifying or removing culverts to allow drainage to flow freely; (7) adding drainage dips and constructing emergency spillways to keep roads and bridges from washing out during floods; (8) planting grass to prevent the spread of noxious weeds; (9) installing warning signs; (10) establishing defensible space measures; (11) reducing hazardous fuels; (12) mitigating windstorm and wildfire dam- age, including— (A) replacing or installing electrical trans- mission or distribution utility pole struc- tures with poles that are resilient to ex- treme wind, wildfire, and combined ice and wind loadings for the basic wind speeds and ice conditions associated with the relevant location; and (B) the installation of fire-resistant wires and infrastructure and the undergrounding of wires; (13) removing standing burned trees; and (14) replacing water systems that have been burned and have caused contamination. (g) Use of assistance for earthquake hazards Recipients of hazard mitigation assistance provided under this section and section 5133 of this title may use the assistance to conduct ac- tivities to help reduce the risk of future damage, hardship, loss, or suffering in any area affected by earthquake hazards, including— Page 6396 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5170c (1) improvements to regional seismic net- works in support of building a capability for earthquake early warning; (2) improvements to geodetic networks in support of building a capability for earth- quake early warning; and (3) improvements to seismometers, Global Positioning System receivers, and associated infrastructure in support of building a capa- bility for earthquake early warning. (Pub. L. 93–288, title IV, § 404, as added Pub. L. 100–707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat. 4698; amended Pub. L. 103–181, §§ 2(a), 3, Dec. 3, 1993, 107 Stat. 2054; Pub. L. 106–390, title I, § 104(c)(1), title II, § 204, Oct. 30, 2000, 114 Stat. 1559, 1561; Pub. L. 108–7, div. K, title IV, § 417, Feb. 20, 2003, 117 Stat. 525; Pub. L. 109–295, title VI, § 684, Oct. 4, 2006, 120 Stat. 1447; Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat. 3864; Pub. L. 113–2, div. B, § 1104(a), (b), Jan. 29, 2013, 127 Stat. 43; Pub. L. 115–254, div. D, §§ 1204(b)(1), 1205, 1233, 1235(a), Oct. 5, 2018, 132 Stat. 3439, 3460, 3463; Pub. L. 117–58, div. D, title I, § 40102, Nov. 15, 2021, 135 Stat. 928.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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. The National Environmental Policy Act of 1969, re- ferred to in subsec. (d)(1), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables. The National Historic Preservation Act, referred to in subsec. (d)(1), is Pub. L. 89–665, Oct. 15, 1966, 80 Stat. 915, which was classified generally to subchapter II (§ 470 et seq.) of chapter 1A of Title 16, Conservation. The Act, except for section 1, was repealed and restated in division A (§ 300101 et seq.) of subtitle III of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. For complete classification of this Act to the Code, see Ta- bles. For disposition of former sections of Title 16, see Disposition Table preceding section 100101 of Title 54. PRIOR PROVISIONS A prior section 404 of Pub. L. 93–288 was classified to section 5174 of this title prior to repeal by Pub. L. 100–707. AMENDMENTS 2021—Subsec. (f)(12). Pub. L. 117–58 inserted ‘‘and wildfire’’ after ‘‘windstorm’’ and substituted ‘‘includ- ing—’’ for ‘‘including’’, inserted subpar. (A) designation before ‘‘replacing’’ and ‘‘, wildfire,’’ after ‘‘extreme wind’’, and added subpar. (B). 2018—Subsec. (a). Pub. L. 115–254, § 1204(b)(1), inserted ‘‘, or any area affected by a fire for which assistance was provided under section 5187 of this title’’ after ‘‘af- fected by a major disaster’’ in first sentence as inserted by section 1235(a) of Pub. L. 115–254, and inserted ‘‘or event under section 5187 of this title’’ after ‘‘major dis- aster’’ in two places in third sentence. Pub. L. 115–254, § 1235(a), substituted ‘‘The President may contribute up to 75 percent of the cost of hazard mitigation measures which the President has deter- mined 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.’’ for ‘‘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 future dam- age, hardship, loss, or suffering in any area affected by a major disaster.’’ Subsec. (f). Pub. L. 115–254, § 1205, added subsec. (f). Subsec. (g). Pub. L. 115–254, § 1233, added subsec. (g). 2013—Subsec. (c)(2). Pub. L. 113–2, § 1104(b), inserted ‘‘Until such time as the Administrator promulgates regulations to implement this paragraph, the Adminis- trator may waive notice and comment rulemaking, if the Administrator determines doing so is necessary to expeditiously implement this section, and may carry out this section as a pilot program.’’ after ‘‘applica- tions submitted under paragraph (1).’’ in introductory provisions. Subsecs. (d), (e). Pub. L. 113–2, § 1104(a), added subsecs. (d) and (e). 2011—Subsec. (b)(1), (2). Pub. L. 111–351 substituted ‘‘Administrator’’ for ‘‘Director’’ wherever appearing. 2006—Subsec. (a). Pub. L. 109–295, in last sentence, substituted ‘‘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’’ for ‘‘7.5 percent’’. 2003—Subsec. (a). Pub. L. 108–7 substituted ‘‘7.5 per- cent’’ for ‘‘15 percent’’. 2000—Subsec. (a). Pub. L. 106–390, § 104(c)(1), sub- stituted ‘‘section 5165’’ for ‘‘section 5176’’ in second sen- tence and ‘‘Subject to section 5165 of this title, the total’’ for ‘‘The total’’ in third sentence. Subsec. (c). Pub. L. 106–390, § 204, added subsec. (c). 1993—Pub. L. 103–181 designated existing provisions as subsec. (a), inserted heading, substituted ‘‘75 percent’’ for ‘‘50 percent’’ in first sentence, substituted ‘‘15 per- cent of the estimated aggregate amount of grants to be made (less any associated administrative costs) under this chapter with respect to the major disaster’’ for ‘‘10 percent of the estimated aggregate amounts of grants to be made under section 5172 of this title with respect to such major disaster’’ in last sentence, and added sub- sec. (b). 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 2013 AMENDMENT Pub. L. 113–2, div. B, § 1104(c), Jan. 29, 2013, 127 Stat. 43, provided that: ‘‘The authority under the amend- ments made by this section [amending this section] shall apply to— ‘‘(1) any major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) on or after the date of enactment of this division [Jan. 29, 2013]; and ‘‘(2) a major disaster or emergency declared under that Act before the date of enactment of this division for which the period for processing requests for as- sistance has not ended as of the date of enactment of this division.’’ EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103–181, § 2(b), Dec. 3, 1993, 107 Stat. 2054, pro- vided that: ‘‘The amendments made by this section [amending this section] shall apply to any major dis- aster declared by the President pursuant to The [the] Robert T. Stafford Disaster Relief and Emergency As- Page 6397 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5170c sistance Act (42 U.S.C. 5121 et seq.) on or after June 10, 1993.’’ TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. HAZARD ELIGIBILITY AND LOCAL PROJECTS Pub. L. 117–332, Jan. 5, 2023, 136 Stat. 6119, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Hazard Eligibility and Local Projects Act’. ‘‘SEC. 2. AUTHORITY TO BEGIN IMPLEMENTATION OF ACQUISITION AND DEMOLITION ASSIST- ANCE PROJECTS. ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Federal Emergency Management Agency. ‘‘(2) COVERED PROJECT.—The term ‘covered project’ means a project that— ‘‘(A) is an acquisition and demolition project for which an entity began implementation, including planning or construction, before or after requesting assistance for the project under a hazard mitigation assistance program; and ‘‘(B) qualifies for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ‘‘(3) HAZARD MITIGATION ASSISTANCE PROGRAM.—The term ‘hazard mitigation assistance program’ means— ‘‘(A) any grant program authorized under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133); ‘‘(B) the hazard mitigation grant program author- ized under section 404 of the Robert T. Stafford Dis- aster Relief and Emergency Assistance Act (42 U.S.C. 5170c); and ‘‘(C) the flood mitigation assistance program au- thorized under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c). ‘‘(b) ELIGIBILITY FOR ASSISTANCE FOR COVERED PROJECTS.— ‘‘(1) IN GENERAL.—An entity seeking assistance under a hazard mitigation assistance program may be eligible to receive that assistance for a covered project if— ‘‘(A) the entity— ‘‘(i) complies with all other eligibility require- ments of the hazard mitigation assistance pro- gram for acquisition or demolition projects, in- cluding extinguishing all incompatible encum- brances; and ‘‘(ii) complies with all Federal requirements for the covered project; and ‘‘(B) the Administrator determines that the cov- ered project— ‘‘(i) qualifies for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); ‘‘(ii) is compliant with applicable floodplain management and protection of wetland regula- tions and criteria; and ‘‘(iii) does not require consultation under any other environmental or historic preservation law or regulation or involve any extraordinary cir- cumstances. ‘‘(2) COSTS INCURRED.—An entity seeking assistance under a hazard mitigation assistance program shall be responsible for any project costs incurred by the entity for a covered project if the covered project is not awarded, or is determined to be ineligible for, as- sistance. ‘‘(c) APPLICABILITY.—This Act shall apply to covered projects started on or after the date of enactment of this Act [Jan. 5, 2023]. ‘‘(d) REPORT.—Not later than 180 days after the date of enactment of this Act, and annually thereafter for 3 years, the Administrator shall submit to Congress a re- port on use of the authority under this Act, including— ‘‘(1) how many applicants used the authority; ‘‘(2) how many applicants using the authority suc- cessfully obtained a grant; ‘‘(3) how many applicants were not able to success- fully obtain a grant; ‘‘(4) the reasons applicants were not able to obtain a grant; and ‘‘(5) the extent to which applicants using the au- thority were able to comply with all necessary Fed- eral environmental, historic preservation, and other related laws and regulations. ‘‘(e) TERMINATION.—The authority provided under this Act shall cease to be effective on the date that is 3 years after the date of enactment of this Act.’’ WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of this title. FUNDING OF A FEDERALLY AUTHORIZED WATER RESOURCES DEVELOPMENT PROJECT Pub. L. 115–254, div. D, § 1210(b), Oct. 5, 2018, 132 Stat. 3444, provided that: ‘‘(1) ELIGIBLE ACTIVITIES.—Notwithstanding section 312 of the Robert T. Stafford Disaster Relief and Emer- gency Assistance Act (42 U.S.C. 5155) and its imple- menting regulations, assistance provided pursuant to section 404 of such Act [42 U.S.C. 5170c] may be used to fund activities authorized for construction within the scope of a federally authorized water resources develop- ment project of the Army Corps of Engineers if such ac- tivities are also eligible activities under such section. ‘‘(2) FEDERAL FUNDING.—All Federal funding provided under section 404 pursuant to this section shall be ap- plied toward the Federal share of such project. ‘‘(3) NON-FEDERAL MATCH.—All non-Federal matching funds required under section 404 pursuant to this sec- tion shall be applied toward the non-Federal share of such project. ‘‘(4) TOTAL FEDERAL SHARE.—Funding provided under section 404 pursuant to this section may not exceed the total Federal share for such project. ‘‘(5) NO EFFECT.—Nothing in this section shall— ‘‘(A) affect the cost-share requirement of a hazard mitigation measure under section 404; ‘‘(B) affect the eligibility criteria for a hazard miti- gation measure under section 404; ‘‘(C) affect the cost share requirements of a feder- ally authorized water resources development project; and ‘‘(D) affect the responsibilities of a non-Federal in- terest with respect to the project, including those re- lated to the provision of lands, easements, rights-of- way, dredge material disposal areas, and necessary relocations. ‘‘(6) LIMITATION.—If a federally authorized water re- sources development project of the Army Corps of Engi- neers is constructed with funding provided under sec- 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