42 U.S.C. § 5187 — Fire management assistance

Page 6418 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5186 Editorial Notes PRIOR PROVISIONS A prior section 418 of Pub. L. 93–288 was renumbered section 421 by Pub. L. 100–707 and is classified to section 5188 of this title. § 5186. Emergency public transportation The President is authorized to provide tem- porary public transportation service in an area affected by a major disaster to meet emergency needs and to provide transportation to govern- mental offices, supply centers, stores, post of- fices, schools, major employment centers, and such other places as may be necessary in order to enable the community to resume its normal pattern of life as soon as possible. (Pub. L. 93–288, title IV, § 419, formerly § 416, May 22, 1974, 88 Stat. 158; renumbered § 419, Pub. L. 100–707, title I, § 106(j), Nov. 23, 1988, 102 Stat. 4705.) Editorial Notes PRIOR PROVISIONS A prior section 419 of Pub. L. 93–288 was classified to section 5189 of this title prior to repeal by Pub. L. 100–707. § 5187. Fire management assistance (a) In general The President is authorized to provide assist- ance, including grants, equipment, supplies, and personnel, to any State or local government for the mitigation, management, and control of any fire on public or private forest land or grassland that threatens such destruction as would con- stitute a major disaster. (b) Coordination with State and tribal depart- ments of forestry In providing assistance under this section, the President shall coordinate with State and tribal departments of forestry. (c) Essential assistance In providing assistance under this section, the President may use the authority provided under section 5170b of this title. (d) Hazard mitigation assistance Whether or not a major disaster is declared, the President may provide hazard mitigation as- sistance in accordance with section 5170c of this title in any area affected by a fire for which as- sistance was provided under this section. (e) Rules and regulations The President shall prescribe such rules and regulations as are necessary to carry out this section. (Pub. L. 93–288, title IV, § 420, formerly § 417, May 22, 1974, 88 Stat. 158; renumbered § 420, Pub. L. 100–707, title I, § 106(j), Nov. 23, 1988, 102 Stat. 4705; Pub. L. 106–390, title III, § 303(a), Oct. 30, 2000, 114 Stat. 1572; Pub. L. 115–254, div. D, § 1204(a), Oct. 5, 2018, 132 Stat. 3438.) Editorial Notes AMENDMENTS 2018—Subsecs. (d), (e). Pub. L. 115–254 added subsec. (d) and redesignated former subsec. (d) as (e). 2000—Pub. L. 106–390 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘The President is authorized to provide assist- ance, including grants, equipment, supplies, and per- sonnel, to any State for the suppression of any fire on publicly or privately owned forest or grassland which threatens such destruction as would constitute a major disaster.’’ 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 2000 AMENDMENT Pub. L. 106–390, title III, § 303(b), Oct. 30, 2000, 114 Stat. 1573, provided that: ‘‘The amendment made by sub- section (a) [amending this section] takes effect 1 year after the date of the enactment of this Act [Oct. 30, 2000].’’ REPORTING REQUIREMENT Pub. L. 115–254, div. D, § 1204(c), Oct. 5, 2018, 132 Stat. 3439, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018] and annu- ally thereafter, the Administrator [of the Federal Emergency Management Agency] shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Transpor- tation and Infrastructure of the House of Representa- tives, and the Committees on Appropriations of the Senate and the House of Representatives a report con- taining a summary of any projects carried out, and any funding provided to those projects, under subsection (d) of section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) (as amended by this section).’’ § 5188. Timber sale contracts (a) Cost-sharing arrangement Where an existing timber sale contract be- tween the Secretary of Agriculture or the Sec- retary of the Interior and a timber purchaser does not provide relief from major physical change not due to negligence of the purchaser prior to approval of construction of any section of specified road or of any other specified devel- opment facility and, as a result of a major dis- aster, a major physical change results in addi- tional construction work in connection with such road or facility by such purchaser with an estimated cost, as determined by the appro- priate Secretary, (1) of more than $1,000 for sales under one million board feet, (2) of more than $1 per thousand board feet for sales of one to three million board feet, or (3) of more than $3,000 for sales over three million board feet, such in- creased construction cost shall be borne by the United States. (b) Cancellation of authority If the appropriate Secretary determines that damages are so great that restoration, recon- struction, or construction is not practical under the cost-sharing arrangement authorized by sub- section (a) of this section, he may allow can- cellation of a contract entered into by his De- partment notwithstanding contrary provisions therein.