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CC - Item 4B - Resolution 2004-14 - Support of Development of a Natural Hazard Mitigation PlanTO: HONORABLE MAYOR AND MEMBERS ROSEMEF�Y COUNCIL FROM: BILL CRO CITY MANAGER DATE: APRIL 13, 2004 RE: RESOLUTION NO. 2004 -14 - SUPPORTING DEVELOPMENT OF A NATURAL HAZARD MITIGATION PLAN IN ACCORDANCE WITH THE FEDERAL DISASTER MITIGATION ACT OF 2000 (PUBLIC LAW 106 -390) The above referenced federal legislation requires that all local agencies must have a local natural disaster mitigation plan in place to be eligible for federal disaster funding. The federal government is no longer willing to pay for repetitive disaster damage that could have been averted by taking preventative actions. The local mitigation plan process places emphasis on reducing risks and ensuing effects from natural hazards through pre -event risk identification, assessment, and mitigation. This process shifts much of the emphasis from the typical disaster response approach to a disaster mitigation approach. The deadline for submission of a local disaster mitigation plan to the Federal Emergency Management Agency (FEMA) is November 1, 2004'. Prior to submission to FEMA, the plan will be submitted to the City Council for approval and then to the state Office of Emergency Services for review. Plan development will require several months of intense work for staff and other community stakeholders in order to meet the deadline. RECOMMENDATION: Staff recommends that the City Council'adopt Resolution No. 2004 -14 in support of development of a Natural Hazard Mitigation Plan. COUNUL r L r as JC APR 13 2004 ITEM N10. RESOLUTION 2004 -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD IN SUPPORT OF DEVELOPMENT OF A NATURAL HAZARD MITIGATION PLAN IN ACCORDANCE WITH THE FEDERAL DISASTER MITIGATION ACT OF 2000 (PUBLIC LAW 106 -390) WHEREAS, Southern California recently experienced the most costly fire in the State's history, burning over 3,500 homes and over 750,000 acres of wildland, resulting in damage from which it will take communities years to recover; and WHEREAS, in December 2003, a large 6.5 earthquake devastated the City of Paso Robles in the Central Coast region, and had this event occurred in an urbanized area of Los Angeles County it would have resulted in significant loss of life and billions of dollars of damage; and WHEREAS, more often disaster resiliency, the ability to "bounce back" quickly from an extreme natural event (such as earthquake, flood or winds) without permanent, intolerable damage or disruption of natural, economic, social or structural systems and without massive amounts of outside assistance, is being included as another component of community sustainability; and WHEREAS, sustainability emphasizes planning as a primary approach to involve local citizens, obtain broad input, and develop real goals and action plans on how to mitigate against damage caused by the natural hazards facing every California community; and WHEREAS, there are actions that can be undertaken to address hazards, no matter how large or small, that can support disaster resiliency and sustainability in our community. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Rosemead, as follows: Section 1. That the City Council of the City of Rosemead does hereby authorize and support the development of a Natural Hazard Mitigation Plan, establishing goals and objectives to ensure the health, safety and welfare of its citizens in the event of a natural disaster. Section 2. That the Natural Hazard Mitigation Plan shall be a collection of analyses, policies, and actions on how the community will grow and change in the future and will serve as a blueprint for how it can achieve sustainability and disaster resiliency. The plan will be the result of a process involving city departments, local agencies, and other stakeholders, and will reflect local values and concerns. Section 3. That the Natural Hazard Mitigation Plan shall meet the program criteria of the Stafford Act as amended (Disaster Mitigation Act of 2000) in order that the City of Rosemead will be eligible for future pre- disaster and post- disaster mitigation program funds to ensure the health, safety and welfare of its citizens. Section 4. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and is in force. APPROVED, PASSED AND ADOPTED this 13 day of April 2004 Mayor ATTEST: City Clerk Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Public Page 1 of 62 Home » Library » The Robert T. Stafford Disaster Relief And Emergency Assistance Act Search�FEMA L ibras Virtual Library &Electronic Read u Search Tips Robert T. Stafford Disaster Relief and Emergency Assis Library Act, as amended by Public Law 106 -390, October 30, 201 • FEMA Information • Preparation & Prevention UNITED STATES CODE • Disasters & Emergencies Title 42. THE PUBLIC HEALTH AND WELFARE • Response & Recovery CHAPTER 68. DISASTER RELIEF [As amended by Pub. L. 103 -181, Pub. L. 103 -337, and Pub. L. 106 -390] (Pub. L. 106 -390, October 30, 2000, 114 Stat. 1552 - 1575) FINDINGS, DECLARATIONS AND DEFINITIONS Section 101. Congressional Findings and Declarations Section 102. Definitions TITLE II -- DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE Section 201. Federal and State Disaster Preparedness Programs Section 202. Disaster Warnings. Section 203. Predisaster Hazard Mitigation. Section 204. Interagency Task Force SUBCHAPTER III - -MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRA Section 301. Waiver of Administrative Conditions Section 302. Coordinating Officers Section 303. Emergency Support Teams Section 304. Reimbursement of Federal Agencies Section 305. Nonliabilily of Federal Government Section 306. Performance of Services Section 307. Use of Local Firms and Individuals Section 308. Nondiscrimination in Disaster Assistance Section 309. Use and Coordination of Relief Organizations Section 310. Priority to Certain Applications for Public Facility and Public Housing Assista Section 311. Insurance Section 312. Duplication of Benefits Section 313. Standards and Reviews Section 314. Penalties Section 315. Availability of Materials Section 316. Protection of Environment Section 317. Recovery of Assistance Section 318. Audits and Investigations Section 319. Advance of non - Federal Share Section 320. Limitation on Use of Sliding Scales Section 321. Rules and Regulations http: / /www.fema.gov /library/stafact.shtm 4/5/2004 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Public Page 2 of 62 Section 322. Mitigation Planning Section 323. Minimum Standards for Public and Private Structures Section 324. Management Costs Section 325. Public Notice, Comment, and Consultation Requirements SUBCHAPTER IV- -MAJOR DISASTER ASSISTANCE PROGRAMS Section 401. Procedure for Declaration Section 402. General Federal Assistance Section 403. Essential Assistance Section 404. Hazard Mitigation Section 405. Federal Facilities Section 406. Repair, Restoration, and Replacement of Damaged Facilities Section 407. Debris Removal Section 408. Federal Assistance to Individuals and Households Section 409. Repealed. Section 410. Unemployment Assistance Section 411. Individual and Family Grant Programs Section 412. Food Coupons and Distribution Section 413. Food Commodities Section 414. Relocation Assistance Section 415. Legal Services Section 416. Crisis Counseling Assistance and Training Section 417. Community Disaster Loans Section 418. Emergency Communications Section 419. Emergency Public Transportation Section 420. Fire Supression Grants Section 420. Fire Management Assistance [NEW] Section 421. Timber Sale Contracts Section 422. Simplified Procedure Section 423. Appeals of Assistance Decisions Section 424. Date of Eligibility; Expenses Incurred Before Date of Disaster SUBCHAPTER IV -A -- EMERGENCY ASSISTANCE PROGRAMS Section 501. Procedure for Declaration Section 502. Federal Emergency Assistance Section 503. Amount of Assistance SUBCHAPTER VI - -- EMERGENCY PREPAREDNESS Section 601. Declaration of policy. Section 602. Definitions. Section 603. Administration of subchapter. Section 611. Detailed functions of administration Section 612. Mutual aid pacts between States and neighboring countries Section 613. Contributions for personnel and administrative expenses Section 614. Requirement for State matching funds for construction of emergency operati Section 615. Use of funds to prepare for and respond to hazards Section 621. Administrative authority Section 622. Security regulations Section 623. Use of existing facilities. Section 624. Annual report to Congress. Section 625. Applicability of subchapter. Section 626. Authorization of appropriations and transfers of funds, Section 627. Relations to Atomic Energy Act of 1954. Section 628. Federal Bureau of Investigation. http: / /www.fema.gov /library /stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Public Page 3 of 62 SUBCHAPTER VII -- MISCELLANEOUS Section 701. Rules and Regulations Section 702. Definitions Relating to Insular Areas Disaster Survival and Recovery Section 703. Authorization of Appropriations for Insular Areas Disaster Recovery Section 704. Technical Assistance for Insular Areas Disaster Recovery Section 705. Disaster Grant Closeout Procedures § 5121. CONGRESSIONAL FINDINGS AND DECLARATIONS (Sec. 101) a. The Congress hereby finds and declares that -- 1. because disasters often cause loss of life, human suffering, loss of income property loss and damage; and 2. because disasters often disrupt the normal functioning of governments anc communities, and adversely affect individuals and families with great sever special measures, designed to assist the efforts of the affected States in expeditin rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary. b. It is the intent of the Congress, by this Act, to provide an orderly and continuing m( assistance by the Federal Government to State and local governments in carrying responsibilities to alleviate the suffering and damage which result from such disas 1. revising and broadening the scope of existing'disaster relief programs; 2. encouraging the development of comprehensive disaster preparedness an assistance plans, programs, capabilities, and organizations by the States governments; 3. achieving greater coordination and responsiveness of disaster preparedne relief programs; 4. encouraging individuals, States, and local governments to protect themsell obtaining insurance coverage to supplement or replace governmental assi: 5. encouraging hazard mitigation measures to reduce losses from disasters, i development of land use and construction regulations; and 6. providing Federal assistance programs for both public and private losses s disasters [.l (Pub. L. 93 -288, title 1, § 101, May 22, 1974, 88 Stat. 143; Nov. 23, 1988, Pub. L. 100 -707 103(a), 102 Stat. 4689.) DELEGATION OF FUNCTIONS Section 102(b) of title 1 of Pub. L. 100 -707 provided that: "Whenever any reference is mac law (other than this Act [see Tables for classification]), regulation, document, rule, record, paper of the United States to a section or provision of the Disaster Relief Act of 1974 [fom title of Pub. L. 93 -288], such reference shall be deemed to be a reference to such section provision of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [Pub. L. see Short title note above]. Notes added to §5121 by the U.S. Code codifiers of Pub.L. 106 -390: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. a. SHORT TITLE. -This Act maybe cited as the "Disaster Mitigation Act of 2000 ". SEC. 208. REPORT ON STATE MANAGEMENT OF SMALL DISASTERS INITIATIVE. http: / /www.fema.gov /library /stafact.shtm 4/5/2004 .: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Public Page 4 of 62 Not later than 3 years after the date of enactment of this Act [October 30, 2000], the Presi submit to Congress a report describing the results of the State Management of Small Dis, Initiative, including: 1. identification of any administrative or financial benefits of the initiative; and 2. recommendations concerning the conditions, if any, under which States should be the option to administer parts of the assistance program under section 406 of the I Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172). [Pub.L. 106 -390, § 208, 114 Stat. 15711 SEC. 209. STUDY REGARDING COST REDUCTION. Not later than 3 years after the date of enactment of this Act, the Director of the Congress Budget Office shall complete a study estimating the reduction in Federal disaster assistan resulted and is likely to result from the enactment of this Act. [Pub.L. 106 -390, § 209, 114 Stat. 15711 SEC. 301. TECHNICAL CORRECTION OF SHORT TITLE. a. The first section of the Robert T. Stafford Disaster Relief and Emergency Assistan U.S.C. 5121 note) is amended to read as follows: "SECTION 1. SHORT TITLE. "This Act may be cited as the 'Robert T. Stafford Disaster Relief and Emergency Assistan [Pub.L. 106 -390, § 1(a), 114 Stat. 1552] SEC. 308. STUDY OF PARTICIPATION BY INDIAN TRIBES IN EMERGENCY MANAGEP a. Definition of Indian Tribe,--In this section, the term "Indian tribe" has the meaning 1 term in section 4 of the Indian Self- Determination and Education Assistance Act (� 450b). b. Study. -- 1. In general. - -The Director of the Federal Emergency Management Agency c conduct a study of participation by Indian tribes in emergency managemen 2. Required elements. - -The study shall- - A. survey participation by Indian tribes in training, predisaster and pos mitigation, disaster preparedness, and disaster recovery programs Federal and State levels; and B. review and assess the capacity of Indian tribes to participate in cos emergency management programs and to participate in the manag the programs. 3. Consultation. - -In conducting the study, the Director shall consult with India c. Report. - -Not later than 1 year after the date of enactment of this Act, the Director a report on the study under subsection (b) to -- 1. the Committee on Environment and Public Works of the Senate; 2. the Committee on Transportation and Infrastructure of the House of Repre 3. the Committee on Appropriations of the Senate; and the Committee on Apl of the House of Representatives. rPnh i 1na_ROn r RnR hrfnhAr Rn gonn 11d Afaf 1 F http: / /www.fema.gov /library/stafact.shtm 4/5/2004 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Public Page 5 of 62 §5122. DEFINITIONS (Sec. 102) As used in this chapter- - 1. EMERGENCY. "Emergency" means any occasion or instance for which, in the det of the President, Federal assistance is needed to supplement State and local effoi capabilities to save lives and to protect property and public health and safety, or tc avert the threat of a catastrophe in any part of the United States. 2. MAJOR DISASTER. "Major disaster" means any natural catastrophe (including an hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earth volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of ci fire, flood, or explosion, in any part of the United States, which in the determinatior President causes damage of sufficient severity and magnitude to warrant major di: assistance under this Act to supplement the efforts and available resources of Sta governments, and disaster relief organizations in alleviating the damage, loss, har suffering caused thereby. 3. "United States" means the fifty States, the District of Columbia, Puerto Rico, the V Islands, Guam, American Samoa, and the Commonwealth of the Northern Marian; 4. "State" means any State of the United States, the District of Columbia, Puerto Ric( Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariam 5. "Governor" means the chief executive of any State 6. Local government. - -The term 'local government' means - A. a county, municipality, city, town, township, public authority, school district, district, intrastate district, council of governments (regardless of whether th governments is incorporated as a nonprofit corporation under State law), n interstate government entity, or agency or instrumentality of a local goverm B. an Indian tribe or authorized tribal organization, or Alaska Native village or organization; and C. a rural community, unincorporated town or village, or other public entity, foi application for assistance is made by a State or political subdivision of a St 7. "Federal agency" means any department, independent establishment, Governmer corporation, or other agency of the executive branch of the Federal Government, ii the United States Postal Service, but shall not include the American National Red 8. PUBLIC FACILITY. "Public facility" means the following facilities owned by a State government: A. Any flood control, navigation, irrigation, reclamation, public power, sewage and collection, water supply and distribution, watershed development, or ai facility. B. Any non - Federal -aid street, road, or highway. C. Any other public building, structure, or system, including those used for edi recreational, or cultural purposes. D. Any park. 9. PRIVATE NONPROFIT FACILITY. "Private nonprofit facility" means private nonprc educational, utility, irrigation, emergency, medical, rehabilitational, and temporary permanent custodial care facilities (including those for the aged and disabled), oth nonprofit facilities which provide essential services of a governmental nature to thf public, and facilities on Indian reservations as defined by the President. (Pub. L. 93 -288, title 1, § 102, May 22, 1974, 88 Stat. 144; Pub. L. 100 -707, title 1, § 103(4 Nov. 23, 1988, 102 Stat. 4689, 4690.) (As amended Feb. 24, 1992, Pub. L. 102 -247, title. 106 Stat. 38.) http: / /www.fema.gov /library/stafact.shtm 4/5/2004 ..: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Public Page 6 of 62 (PUn. L. 1UU -3`3U, § 3UZ, uctoner 30, 2000, 114 Stat. 1572) TITLE II -- DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE § 5131. FEDERAL AND STATE DISASTER PREPAREDNESS PROGRAMS (Sec. 201) a. Utilization of services of other agencies. The President is authorized to establish a program of disaster preparedness that c services of all appropriate agencies and includes -- 1. preparation of disaster preparedness plans for mitigation, warning, emerge operations, 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 assistance to the States in developing comp plans and practicable programs for preparation against disasters, including hazarc avoidance, and mitigation; for assistance to individuals, businesses, and State an( governments following such disasters; and for recovery of damages or destroyed I private 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 exc aggregate to such State $250,000, for the development of plans, programs, and a for disaster preparedness and prevention. Such grants shall be applied for within c from the date of enactment of this Act [enacted May 22, 1974]. Any State desiring assistance under this section shall designate or create an agency to plan and adn such a disaster preparedness program, and shall, through such agency, submit a to the President, which shall -- 1. set forth a comprehensive and detailed State program for preparation age! assistance following, emergencies and major disasters, including provision assistance to individuals, businesses, and local governments; and 2. include provisions for appointment and training of appropriate staffs, formu necessary regulations and procedures and conduct 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 co improving, maintaining and updating State disaster assistance plans, including ew natural hazards and development of the programs and actions required to mitigate hazards; except that no such grant shall exceed $50,000 per annum to any State. (Pub. L. 93 -288, title Il, § 201, May 22, 1974, 88 Stat. 145; Pub.. L. 100 -707, title 1, § 104, , 1988, 102 Stat. 4690.) § 5132. DISASTER WARNINGS {Sec. 202} http: / /www.fema.gov /library /stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Public Page 7 of 62 a. meaamess or reaerai agencies to issue warnings to sane ano rocar orncrars The President shall insure that all appropriate Federal agencies are prepared to is warnings of disasters to State and local officials. b. Technical assistance to State and local governments for effective warnings The President shall direct appropriate Federal agencies to provide technical assisl State and local governments to insure that timely and effective disaster warning is c. Warnings to governmental authorities and public endangered by disaster The President is authorized to utilize or to make available to Federal, State, and to agencies the facilities of the civil defense communications system established anc maintained pursuant to section 201(c) of the Federal Civil Defense Act of 1950, as (50 U.S.C. App 2281(c)), section 611(c) of this Act, or any other Federal communi system for the purpose of providing warning to governmental authorities and the c population in areas endangered by disasters. [§ 3412(b), Pub. L. 103 -337, Oct. 5, [Reference to § 611(c) is incorrect; probably should be § 611(d). Technical correct needed) d. Agreements with commercial communications systems for use of facilities The President is authorized to enter into agreements with the officers or agents of or commercial communications systems who volunteer the use of their systems or reimbursable or nonreimbursable basis for the purpose of providing warning to go authorities and the civilian population endangered by disasters. (Pub. L. 93 -288, title it, § 202, May 22, 1974, 88 Stat. 145.) Note to users: Section 102 of the Disaster Mitigation Act of 2000, added Sec. 203 (a) - (), Predisaster Hazard Mitigation, which authorizes a predisaster hazard mitigation program t be in effect until FEMA publishes implementing regulations. § 5133. PREDISASTER HAZARD MITIGATION. (Sec. 203) a. Definition of Small Impoverished Community. - -In this section, the term 'small impo community' means a community of 3,000 or fewer individuals that is economically disadvantaged, as determined by the State in which the community is located and criteria established by the President. b. Establishment of Program.--The President may establish a program to provide tec financial assistance to States and local governments to assist in the implemenlatic predisaster hazard mitigation measures that are cost - effective and are designed tc injuries, loss of life, and damage and destruction of property, including damage to services and facilities under the jurisdiction of the States or local governments. c. Approval by President.--If the President determines that a State or local governme identified natural disaster hazards in areas under its jurisdiction and has demonstr ability to form effective public - private natural disaster hazard mitigation partnershil President, using amounts in the National Predisaster Mitigation Fund established 1 subsection (i) (referred to in this section as the 'Fund'), may provide technical and assistance to the Slate or local government to be used in accordance with subset d. State Recommendations.- 1. In general.- A. Recommendations. - -The Governor of each State may recommend President not fewer than 5 local governments to receive assistance section. http: / /www.fema.gov /library/stafact.shtm 4/5/2004 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Public Page 8 of 62 c. Deaaune Tor suomission. - -Tne recommendations unaer suoparagre shall be submitted to the President not later than October 1, 2001, October 1st thereafter or such later date in the year as the Presidei establish. C. Criteria. - -In making recommendations under subparagraph (A), a C shall consider the criteria specified in subsection (g). 2. Use: A. In general. -- Except as provided in subparagraph (B), in providing a to local governments under this section, the President shall select t governments recommended by the Governors under this subsectio B. Extraordinary circumstances. - -In providing assistance to local gove under this section, the President may select a local government the been recommended by a Governor under this subsection if the Pre determines that extraordinary circumstances justify the selection ar making the selection will further the purpose of this section. 3. Effect of failure to nominate.--If a Governor of a State fails to submit recommendations under this subsection in a timely manner, the President subject to the criteria specified in subsection (g), any local governments of to receive assistance under this section. e. Uses of Technical and Financial Assistance.- 1. In general.--Technical and financial assistance provided under this section A. shall be used by States and local governments principally to impler predisaster hazard mitigation measures that are cost - effective and described in proposals approved by the President under this sectio B. may be used - i. to support effective public - private natural disaster hazard m partnerships; ii. to improve the assessment of a community's vulnerability tc hazards; or iii. to establish hazard mitigation priorities, and an appropriate mitigation plan, for a community. 2. Dissemination. - -A State or local government may use not more than 10 pe financial assistance received by the State or local government under this s fiscal year to fund activities to disseminate information regarding cost -effec mitigation technologies. f. Allocation of Funds. - -The amount of financial assistance made available to a Ste (including amounts made available to local governments of the State) under this s- fiscal year- 1. shall be not less than the lesser of- A. $500,000; or B. the amount that is equal to 1.0 percent of the total funds appropriat out this section for the fiscal year; 2. shall not exceed 15 percent of the total funds described in paragraph (1)(B shall be subject to the criteria specified in subsection (g). g. Criteria for Assistance Awards.--In determining whether to provide technical am: assistance to a State or local government under this section, the President shall to account- 1. the extent and nature of the hazards to be mitigated; 2. the degree of commitment of the State or local government to reduce dam: future natural disasters; http: / /www.fema.gov /library /stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Public Page 9 of 62 3. the degree of commitment by the State or local government to support ong Federal support for the hazard mitigation measures to be carried out using technical and financial assistance; 4. the extent to which the hazard mitigation measures to be carried out using technical and financial assistance contribute to the mitigation goals and pri established by the State; 5. the extent to which the technical and financial assistance is consistent with assistance provided under this Act; 6. the extent to which prioritized, cost - effective mitigation activities that produ meaningful and definable outcomes are clearly identified; 7. if the Slate or local government has submitted a mitigation plan under sect the extent to which the activities identified under paragraph (6) are consist( mitigation plan; 8. the opportunity to fund activities that maximize net benefits to society; 9. the extent to which assistance will fund mitigation activities in small imp'ove communities; and 10. such other criteria as the President establishes in consultation with State a governments. h. Federal Share.- 1. In general. -- Financial assistance provided under this section may contribul percent of the total cost of mitigation activities approved by the President. 2. Small impoverished communities.--Notwithstanding paragraph (1), the Pre contribute up to 90 percent of the total cost of a mitigation activity carried e small impoverished community. i. National Predisaster Mitigation Fund.- 1. Establishment.--The President may establish in the Treasury of the United fund to be known as the 'National Predisaster Mitigation Fund', to be used out this section. 2. Transfers to fund. - -There shall be deposited in the Fund- A. amounts appropriated to carry out this section, which shall remain r until expended; and B. sums available from gifts, bequests, or donations of services or pro received by the President for the purpose of predisaster hazard mit 3. Expenditures from fund. - -Upon request by the President, the Secretary of t Treasury shall transfer from the Fund to the President such amounts as th( determines are necessary to provide technical and financial assistance unt section. 4. Investment of amounts.- A. In general. - -The Secretary of the Treasury shall invest such portion Fund as is not, in the judgment of the Secretary of the Treasury, re- meet current withdrawals. Investments may be made only in intere! obligations of the United States. B. Acquisition of obligations.--For the purpose of investments under subparagraph (A), obligations may be acquired - i. on original issue at the issue price; or ii. by purchase of outstanding obligations at the market price. C. Sale of obligations.--Any obligation acquired by the Fund may be si http: / /www.fema.gov /library/stafact.shtm 4/5/2004 .: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by PublicPage 10 of 62 owl cldiy v1 u1a i IUdauly di U 11301 nci Pnce. D. Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to part of the Fund. E. Transfers of amounts: i. In general.--The amounts required to be transferred to the F this subsection shall be transferred at least monthly from th fund of the Treasury to the Fund on the basis of estimates r Secretary of the Treasury. H. Adjustments. -- Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were of or less than the amounts required to be transferred. Limitation on Total Amount of Financial Assistance. - -The President shall not prow assistance under this section in an amount greater than the amount available in th k. Multihazard Advisory Maps: 1. Definition of multihazard advisory map. - -In this subsection, the term 'multiF advisory map' means a map on which hazard data concerning each type o disaster is identified simultaneously for the purpose of showing areas of he overlap. 2. Development of maps. - -In consultation with Slates, governments, and apps Federal agencies, the President shall develop multihazard advisory maps t not fewer than 5 States, that are subject to commonly recurring natural haz (including flooding, hurricanes and severe winds, and seismic events). 3. Use of technology.--In developing multihazard advisory maps under this st the President shall use, the maximum extent practicable, the most cost -eff efficient technology available. 4. Use of maps.- A. Advisory nature.--The multihazard advisory maps shall be consider advisory and shall not require the development of any new policy b: impose any new policy on, any government or private entity. B. Availability of maps. - -The multihazard advisory maps shall be mad( to the appropriate Stale and local governments for the purposes of i. informing the general public about the risks of natural hazar areas described in paragraph (2); ii. supporting the activities described in subsection (e); and iii. other public uses. L Report on Federal and State Administration. - -Not later than 18 months after the dt enactment of this section, the President, in consultation with State and local gover shall submit to Congress a report evaluating efforts to implement this section and recommending a process for transferring greater authority and responsibility for ac the assistance program established under this section to capable Slates. m. Termination of Authority. - -The authority provided by this section terminates Decen 2003. (Pub.L. 106 -390, § 102(a), October 30, 2000, 114 Stat. 1553) [Note, Findings and Purpose, Pub.L. 106 -390, § 101, 114 Stat. 1552] SEC. 101. FINDINGS AND PURPOSE. a. FINDINGS- Congress finds that -- 1. natural disasters, including earthquakes, tsunamis, tornadoes, hurricanes, and wildfires, pose great danger to human life and to property throughout t States; http: / /www.fema.gov /library/stafact.shtm 4/5/2004 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 11 of 62 2. greater emphasis needs to be placed on -- A. identifying and assessing the risks to States and local government: Indian tribes) from natural disasters; B. implementing adequate measures to reduce losses from natural di: and C. ensuring that the critical services and facilities of communities will c function after a natural disaster; 3. expenditures for postdisaster assistance are increasing without commensL reductions in the likelihood of future losses from natural disasters; 4. in the expenditure of Federal funds under the Robert T. Stafford Disaster F Emergency Assistance Act (42 U.S.C. 5121 et seq.), high priority should bi mitigation of hazards at the local level; and 5. with a unified effort of economic incentives, awareness and education, tecl assistance, and demonstrated Federal support, States and local governme (including Indian tribes) will be able to -- A. form effective community -based partnerships for hazard mitigation B. implement effective hazard mitigation measures that reduce the po damage from natural disasters; C. ensure continued functionality of critical services; D. leverage additional non - Federal resources in meeting natural disas resistance goals; and E. make commitments to long -term hazard mitigation efforts to be app and existing structures. b. PURPOSE- The purpose of this title is to establish a national disaster hazard mitic program -- 1. to reduce the loss of life and property, human suffering, economic disruplic disaster assistance costs resulting from natural disasters; and 2. to provide a source of predisaster hazard mitigation funding that will assist local governments (including Indian tribes) in implementing effective hazar measures that are designed to ensure the continued functionality of critical and facilities after a natural disaster. § 5134. INTERAGENCY TASK FORCE. (Sec. 204) a. In General.- -The President shall establish a Federal interagency task force for the coordinating the implementation of predisaster hazard mitigation programs admini the Federal Government. b. Chairperson. - -The Director of the Federal Emergency Management Agency shall the chairperson of the task force. c. Membership. - -The membership of the task force shall include of- 1. relevant Federal agencies; 2. Stale and local government organizations (including Indian tribes); and 3. the American Red Cross. (Pub. L. 106 -390, § 103, October 30, 2000, 114 Stat. 1557) SUBCHAPTER III - -MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINIST http: / /www.fema.gov /library/stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 12 of 62 § X741. WA iVtR uF ADmiNrSTRATNt UUNDiTiuNS {Sec. 3u11 Any Federal agency charged with the administration of a Federal assistance program ma, requested by the applicant State or local authorities, modify or waive, for a major disaster, administrative conditions for assistance as would otherwise prevent the giving of assistarn such programs if the inability to meet such conditions is a result of the major disaster. (Pub. L. 93 -288, title 111, § 301, as added Pub. L. 100 -707, title 1, § 105(a)(2), Nov. 23, 196 Stat. 4691.) § 5143. COORDINATING OFFICERS (Sec. 302) a. Appointment of Federal coordinating officer Immediately upon his declaration of a major disaster or emergency, the President appoint a Federal coordinating officer to operate in the affected area. b. Functions of Federal coordinating officer In order to effectuate the purposes of this Act, the Federal coordinating officer, witl affected area, shall -- 1. make an initial appraisal of the types of relief most urgently needed; 2. establish such field offices as he deems necessary and as are authorized I President; 3. coordinate the administration of relief, including activities of the State and I governments, the American National Red Cross, the Salvation Army, the M Disaster Service, and other relief or disaster assistance organizations, whir operate under his advice or direction, except that nothing contained in this limit or in any way affect the responsibilities of the American National Red under the Act of January 5, 1905, as amended (33 Stat. 599) [36 U.S.C. §f and; 4. take such other action, consistent with authority delegated to him by the Pr and consistent with the provisions of this Act, as he may deem necessary I local citizens and public officials in promptly obtaining assistance to which entitled.; 5. State coordinating officer When the President determines assistance unde necessary, he shall request that the Governor of the affected Stale desigm coordinating officer for the purpose of coordinating State and local disaster efforts with those of the Federal Government. (Pub. L. 93 -288, title 111, § 302, formerly § 303, May 22, 1974, 88 Stat. 147, renumbered § amended Pub. L. 100 -707, title 1, § 105(b), Nov. 23, 1988, 102 Stat. 4691.) § 5144. EMERGENCY SUPPORT TEAMS (Sec. 303) The President shall form emergency support teams of Federal personnel to be deployed i affected by a major disaster or emergency. Such emergency support teams shall assist th coordinating officer in carrying out his responsibilities pursuant to this Act. Upon request c President, the head of any Federal agency is directed to detail to temporary duty with the support teams on either a reimbursable or nonreimbursable basis, as is determined nece; President, such personnel within the administrative jurisdiction of the head of the Federal the President may need or believe to be useful for carrying out the functions of the emerg. support teams, each such detail to be without loss of seniority, pay, or other employee sta (Pub. L. 93 -288, title 111, 5 303, formedv 6 304, May 22, 1974, 88 Stat. 147, renumbered 6 http: / /www.fema.gov /library /stafact.shtm 4/5/2004 .: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 13 of 62 amended Pub. L. 100 -707, title 1, § 105(c), Nov. 23, 1988, 102 Stat. 4691.) §§ 5145, 5146. REPEALED. Pub. L. 100 -707, title I, § 105(d), Nov. 23, 1988, 102 Stat. i Section 5145, Pub. L. 93 -288, title lll, § 305, May 22, 1974, 88 Stat. 148, related to author President to provide assistance in an emergency. Section 5146, Pub. L. 93 -288, title lll, § 306, May 22, 1974, 88 Stat. 148, related to coope Federal agencies in rendering disaster assistance. § 5147. REIMBURSEMENT OF FEDERAL AGENCIES (Sec. 304) Federal agencies may be reimbursed for expenditures under this Act from funds appropri; purposes of this Act. Any funds received by Federal agencies as reimbursement for servic supplies furnished under the authority of this Act shall be deposited to the credit of the apl or appropriations currently available for such services or supplies. (Pub. L. 93 -288, title lll, § 304, formerly § 307, May 22, 1974, 88 Stat. 149; renumbered § amended Pub. L. 100 -707, title 1, § 105(d), Nov. 23, 1988, 102 Stat. 4691.) § 5148. NONLIABILITY OF FEDERAL GOVERNMENT (Sec. 305) The Federal Government shall not be liable for any claim based upon the exercise or perf or the failure to exercise or perform a discretionary function or duty on the part of a Feder; or an employee of the Federal Government in carrying out the provisions of this Act. (Pub. L. 93 -288, title lll, § 305, formerly § 308, May 22, 1974, 88 Stat. 149, renumbered § amended Pub. L. 100 -707, title 1, § 105(d), Nov. 23, 1988, 102 Stat. 4691.) § 5149. PERFORMANCE OF SERVICES (Sec. 306) a. Utilization of services or facilities of State and local governments In carrying out the purposes of this Act, any Federal agency is authorized to accef utilize the services or facilities of any State or local government, or of any agency, employee thereof, with the consent of such government. b. Appointment of temporary personnel, experts, and consultants; acquisition, rental, equipment, services, materials and supplies In performing any services under this Act, any Federal agency is authorized- 1. to appoint and fix the compensation of such temporary personnel as may t necessary, without regard to the provisions of title 5, United States Code, c appointments in competitive service; 2. to employ experts and consultants in accordance with the provisions of sec http: / /www.fema.gov /library /stafact.shtm 4/5/2004 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 14 of 62 of such title [5 U.S.C. § 3109], without regard to the provisions of chapter 5 subchapter III of chapter 53 of such title [5 U.S.C. §§ 5101 et seq. and 533 relating to classification and General Schedule pay rates; and 3. to incur obligations on behalf of the United States by contract or otherwise acquisition, rental, or hire of equipment, services, materials, and supplies f drayage, travel, and communications, and for the supervision and adminisi such activities. Such obligations, including obligations arising out of the ter employment of additional personnel, may be incurred by an agency in sucl as may be made available to it by the President. (Pub. L. 93 -288, title 111, § 306, formerly § 309, May 22, 1974, 88 Stat. 149; renumbered § amended Pub. L. 100 -707, title 1, § 105(d), Nov. 23, 1988, 102 Stat. 4691.) § 5150. USE OF LOCAL FIRMS AND INDIVIDUALS (Sec. 307) In the expenditure of Federal funds for debris clearance, distribution of supplies, reconsta other major disaster or emergency assistance activities which may be carried out by contr agreement with private organizations, firms, or individuals, preference shall be given, to tl feasible and practicable, to those organizations, firms, and individuals residing or doing bi primarily in the area affected by such major disaster or emergency. This section shall not considered to restrict the use of Department of Defense resources in the provision of maje assistance under this Act. (Pub. L. 93 -288, title lll, § 307, formerly § 310, May 22, 1974, 88 Stat. 150; renumbered § amended Pub. L. 100 -707, title 1, § 105(e), Nov. 23, 1988, 102 Stat. 4691.) § 5151. NONDISCRIMINATION IN DISASTER ASSISTANCE (Sec. 308) a. Regulations for equitable and impartial relief operations The President shall issue, and may alter and amend, such regulations as may be i for the guidance of personnel carrying out Federal assistance functions at the site disaster or emergency. Such regulations shall include provisions for insuring that t distribution of supplies, the processing of applications, and other relief and assista activities shall be accomplished in an equitable and impartial manner, without disc on the grounds of race, color, religion, nationality, sex, age, or economic status. b. Compliance with regulations as prerequisite to participation by other bodies in relie operations As a condition of participation in the distribution of assistance or supplies under th receiving assistance under this Act, governmental bodies and other organizations required to comply with regulations relating to nondiscrimination promulgated by tl President, and such other regulations applicable to activities within an area affecte major disaster or emergency as he deems necessary for the effective coordinatior efforts. (Pub. L. 93 -288, title 111, § 308, formerly § 311, May 22, 1974, 88 Stat. 150; renumbered § amended Pub. L. 100 -707, title I, § 105(f), Nov. 23, 1988, 102 Stat. 4691.) 6 5152. USE AND COORDINATION OF RELIEF ORGANIZATIONS (Sec. 3091 http: / /www.fema.gov /library/stafact.shtm 4/5/2004 ..: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 15 of 62 a. In providing relief and assistance under this Act, the President may utilize, with the the personnel and facilities of the American National Red Cross, the Salvation Am Mennonite Disaster Service, and other relief or disaster assistance organizations, distribution of medicine, food, supplies, or other items, and in the restoration, reha reconstruction of community services housing and essential facilities, whenever th finds that such utilization is necessary. b. The President is authorized to enter into agreements with the American National F the Salvation Army, the Mennonite Disaster Service, and other relief or disaster as organizations under which the disaster relief activities of such organizations may t coordinated by the Federal coordinating officer whenever such organizations are e providing relief during and after a major disaster or emergency. Any such agreem( include provisions assuring that use of Federal facilities, supplies, and services wi compliance with regulations prohibiting duplication of benefits and guaranteeing nondiscrimination promulgated by the President under this Act, and such other re( the President may require. (Pub. L. 93 -288, title III, § 309, formerly § 312, May 22, 1974, 88 Stat. 150, renumbered § amended Pub. L. 100 -707, title 1, § 105(o, Nov. 23, 1988, 102 Stat. 4691.) § 5153. PRIORITY TO CERTAIN APPLICATIONS FOR PUBLIC FACILITY AND PUBLIC ASSISTANCE (Sec. 310) a. Priority In the processing of applications for assistance, priority and immediate cor shall be given by the head of the appropriate Federal agency, during such period President shall prescribe, to applications from public bodies situated in areas affe( major disasters under the following Acts: 1. The United States Housing Act of 1937 [42 U.S.C. § 1437 et seq.] for the p low- income housing. 2. Section 462 of title 40 for assistance in public works planning. 3. The Community Development Block Grant Program under title I of the Hou Community Development Act of 1974 [42 U.S.C. § 5301 et sec.]. 4. Section 1926 of title 7. 5. The Public Works and Economic Development Act of 1965, as amended [ 3121 et seq.]. 6. The Appalachian Regional Development Act of 1965, as amended. 7. The Federal Water Pollution Control Act [33 U.S.C. § 1251 et seq.] b. Obligation of certain discretionary funds In the obligation of discretionary funds or funds which are not allocated among the political subdivisions of a State, the Secretary of Housing and Urban Development Secretary of Commerce shall give priority to applications for projects in major disa (Pub. L. 93 -288, title Ill, § 310, as added Nov. 23, 1988, Pub. L. 100 -707, title 1, § 105(g), 1988, 102 Stat. 4691.) § 5154. INSURANCE (Sec. 311) a. Applicants for replacement of damaged facilities 1. Compliance with certain regulations An applicant for assistance under section 5172 of this title [42 U.S.C. § 51; to repair, restoration, and replacement of damaged facilities), section 5189 [42 U.S.C. § 5189] (relating to simplified procedure) or section 3233 of this U.S.C. § 32331 section 209(c)(2) of the Public Works and Economic Dever of 1965 (42 U.S.C. 3149(c)(2)) shall comply with regulations prescribed by President to assure that, with respect to any property to be replaced, restoi repaired, or constructed with such assistance, such types and extent of ins be obtained and maintained as may be reasonably available, adequate, ar http: / /www.fema.gov /library/stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 16 of 62 necessary, w piuteu agauisL iuwie wsb w bu(ai piopeny. 2. Determination I n making a determination with respect to availability, adequacy, and nece paragraph (1), the President shall not require greater types and extent of it than are certified to him as reasonable by the appropriate State insurance commissioner responsible for regulation of such insurance. b. Maintenance of insurance No applicant for assistance under section 5172 of this title [42 U.S.C. § 5172] (rele repair, restoration, and replacement of damaged facilities), section 5189 of this titb U.S.C. § 5189] (relating to simplified procedure), or section 3233 of this title [42 U. 32331 section 209(c)(2) of the Public Works and Economic Development Act 4 U.S.C. 3149(c)(2)) may receive such assistance for any property or part thereof to applicant has previously received assistance under this Act unless all insurance re pursuant to this section has been obtained and maintained with respect to such pr requirements of this subsection may not be waived under section 301. [P.L. 103 -3. c. State acting as self- insurer A State may elect to act as a self- insurer with respect to any or all of the facilities ( the State. Such an election, if declared in writing at the time of acceptance of assi: under section 5172 or 5189 of this title [42 U.S.C. § 5172 or 5189] or section 3233 Public Works and Economic Development Act of 1965 [42 U.S.C. § 32331- sectioi of the Public Works and Economic Development Act of 1965 (42 U.S.C. 31491 subsequently and accompanied by a plan for self- insurance which is satisfactory b President, shall be deemed compliance with subsection (a). No such self- insurer r assistance under section 5172 or 5189 of this title [42 U.S.C. § 5172 or 5189] for property or part thereof for which it has previously received assistance under this / extent that insurance for such property or part thereof would have been reasonabl, Pub. L. 93 -288, title lll, § 311, as added Pub. L. 100 -707, title 1, § 105(h), Nov. 23, 1988, 4692.) (Bold from P. L. 106 -390, § 201, October 30, 2000, 114 Stat. 1559). § 5155. DUPLICATION OF BENEFITS (Sec. 312) a. General prohibition The President, in consultation with the head of each Federal agency administerinc program providing financial assistance to persons, business concerns, or other en suffering losses as a result of a major disaster or emergency, shall assure that no person, business concern, or other entity will receive such assistance with respect of such loss as to which he has received financial assistance under any other pros from insurance or any other source. b. Special rules 1. Limitation This section shall not prohibit the provision of Federal assistance to a pers or may be entitled to receive benefits for the same purposes from another such person has not received such other benefits by the time of application Federal assistance and if such person agrees to repay all duplicative assis the agency providing the Federal assistance. 2. Procedures The President shall establish such procedures as the President considers to ensure uniformity in preventing duplication of benefits. 3. Effect of partial benefits Receipt of partial benefits for a major disaster or emergency shall not pred provision of additional Federal assistance for any part of a loss or need for benefits have not been provided. http: / /www.fema.gov /library/stafact.shtm 4/5/2004 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 17 of 62 c. Recovery of duplicative benefits A person receiving Federal assistance for a major disaster or emergency shall be United States to the extent that such assistance duplicates benefits available to th for the same purpose from another source. The agency which provided the duplic. assistance shall collect such duplicative assistance from the recipient in accordan chapter 37 of title 31, United States Code (31 U.S.C. §§ 3701 at seq.], relating to c collection, when the head of such agency considers it to be in the best interest of I Government. (d) Assistance not income Federal major disaster and emergency assistance provided to individuals and fam this Act, and comparable disaster assistance provided by Stales, local governmen disaster assistance organizations, shall not be considered as income or a resoura determining eligibility for or benefit levels under federally funded income assistant resource - tested benefit programs. (Pub. L. 93 -288, title lll, § 312, as added Pub. L. 100 -707, title 1, § 105(i), Nov. 23, 1988, ; 4693.) § 5156. STANDARDS AND REVIEWS {Sec. 313} The President shall establish comprehensive standards which shall be used to assess the and effectiveness of Federal major disaster and emergency assistance programs adminis this Act. The President shall conduct annual reviews of the activities of Federal agencies and local governments in major disaster and emergency preparedness and in providing rr disaster and emergency assistance in order to assure maximum coordination and effectiv such programs and consistency in policies for reimbursement of States under this Act. Pub. L. 93 -288, title III, § 313, as added Pub. L. 100 -707, title 1, § 1056), Nov. 23, 1988, 1 4694.) § 5157. PENALTIES (Sec. 314) a. Misuse of funds. Any person who knowingly misapplies the proceeds of a loan or other cash benefi under this Act shall be fined an amount equal to one and one -half times the misap amount of the proceeds or cash benefit. b. Civil enforcement. Whenever it appears that any person has violated or is about to violate any provisi Act, including any civil penalty imposed under this Act, the Attorney General may I action for such relief as may be appropriate. Such action may be brought in an apt United States district court. c. Referral to Attorney General. The President shall expeditiously refer to the Attorney General for appropriate acti evidence developed in the performance of functions under this Act that may warra consideration for criminal prosecution. d. Civil penalty. Any individual who knowingly violates any order or regulation issued under this Ac subject to a civil penalty of not more than $5,000 for each violation. Pub. L. 93 -288, title 111, § 314, as added Pub. L. 100 -707, title I, § 105(k), Nov. 23, 1988, t 4694.) § 5158. AVAILABILITY OF MATERIALS (Sec. 315) http: / /www.fema.gov /library /stafact.shtm 4/5/2004 ..: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 18 of 62 The President is authorized, at the request of the Governor of an affected State, to provide survey of construction materials needed in the area affected by a major disaster on an en basis for housing repairs, replacement housing, public facilities repairs and replacement, operations, and business enterprises and to take appropriate action to assure the availabi distribution of needed materials, including, where possible, the allocation of such material period of not more than one hundred and eighty days after such major disaster. Any alloy program shall be implemented by the President to the extent possible, by working with an. those companies which traditionally supply construction materials in the affected area. Fo purposes of this section "construction materials" shall include building materials and mate required for repairing housing, replacement housing, public facilities repairs and replacerr, normal farm and business operations. (Pub. L. 93 -288, title lll, § 315, formerly § 318, May 22, 1974, 88 Stat. 152; renumbered § L. 100 -707, title 1, § 105(1), Nov. 23, 1988, 102 Stat. 4694.) § 5159. PROTECTION OF ENVIRONMENT {Sec. 316) An action which is taken or assistance which is provided pursuant to section 402, 403, 40 502 [42 U.S.C. § 5170a, 5170b, 5172, 5173, or 5192], including such assistance provided to the procedures provided for in section 422 [42 U.S.C. § 5189], which has the effect of r, facility substantially to its condition prior to the disaster or emergency, shall not bedeeme Federal action significantly affecting the quality of the human environment within the meal National Environmental Policy Act of 1969 (83 Stat. 852) 142 U.S.C. §§ 4321 at seq.]. Noll section shall alter or affect the applicability of the National Environmental Policy Act of 191 U.S.C. §§ 4321 at seq.] to other Federal actions taken under this Act or under any other p law. (Pub. L. 93 -288, title lll, § 316, as added Pub. L. 100 -707, title 1, § 105(m)(1), Nov. 23, 19, Stat. 4694.) § 5160. RECOVERY OF ASSISTANCE (Sec. 317) a. Party liable. Any person who intentionally causes a condition for which Federal assistance is pi under this Act or under any other Federal law as a result of a declaration of a majc or emergency under this Act shall be liable to the United States for the reasonable incurred by the United Stales in responding to such disaster or emergency to the c such costs are attributable to the intentional act or omission of such person which such condition. Such action for reasonable costs shall be brought appropriate Unit district court. b. Rendering of care. A person shall not be liable under this section for costs incurred by the United Stal result of actions taken or omitted by such person in the course of rendering care o assistance in response to a major disaster or emergency. (Pub. L. 93 -288, title Ill, § 317, as added Pub. L. 100 -707, title 1, § 105(m)(1), Nov. 23, 19� Stat. 4695.) § 5161. AUDITS AND INVESTIGATIONS (Sec. 316) a. In general Subject to the provisions of chapter 75 of title 31, United States Code [31 U.S.C. § seq.], relating to requirements for single audits, the President shall conduct audits http: / /www.fema.gov /library/stafact.shtm 4/5/2004 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 19 of 62 investigations as necessary to assure compliance with this Act, and in connection may question such persons as may be necessary to carry out such audits and inw b. Access to records For purposes of audits and investigations under this section, the President and Cc General may inspect any books, documents, papers, and records of any person re any activity undertaken or funded under this Act. c. State and local audits The President may require audits by State and local governments in connection w assistance under this Act when necessary to assure compliance with this Act or re regulations. (Pub. L. 93 -288, title 111, § 318, as added Pub. L. 100 -707, title 1, § 105(m)(1), Nov. 23, 19, Stat. 4695.) § 5162. ADVANCE OF NON - FEDERAL SHARE (Sec. 319) a. In general The President may lend or advance to an eligible applicant or a State the portion c assistance for which the State is responsible under the cost - sharing provisions of any case in which -- 1. the Slate is unable to assume its financial responsibility under such cost -sl provisions- - A. with respect to concurrent, multiple major disasters in a jurisdiction. B. after incurring extraordinary costs as a result of a particular disaste 2. the damages caused by such disasters or disaster are so overwhelming at that it is not possible for the applicant or the Stale to assume immediately I financial responsibility under this Act. b. Terms of loans and advances 1. In general Any loan or advance under this section shall be repaid to the United State< 2. Interest Loans and advances under this section shall bear interest at a rate determ Secretary of the Treasury, taking into consideration the current market yiel outstanding marketable obligations of the United States with remaining per maturity comparable to the reimbursement period of the loan or advance. c. Regulations The President shall issue regulations describing the terms and conditions under w loan or advance authorized by this section may be made. (Pub. L. 93 -288, title 111, § 319, as added Pub. L. 100 -707, title 1, § 105(m)(1), Nov. 23, 19, Stat. 4695.) § 5163. LIMITATION ON USE OF SLIDING SCALES (Sec. 320) No geographic area shall be precluded from receiving assistance under this Act solely by arithmetic formula or sliding scale based on income or population. (Pub. L. 93 -288, title 111, § 320, as added Pub. L. 100 -707, title 1, § 105(m)(1), Nov. 23, 19. http: / /www.fema.gov /library/stafact.shtm 4/5/2004 .: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 20 of 62 Stat. 4696.) § 5164. RULES AND REGULATIONS (Sec. 321) The President may prescribe such rules and regulations as may be necessary and proper out the provisions of this Act, and may exercise, either directly or through such Federal ac the President may designate, any power or authority conferred to the President by this Ac (Pub. L. 93 -288, title III, § 321, as added Pub. L. 100 -707, title 1, § 105(m)(1), Nov. 23, 19, Stat. 4696.) (Note to users: Section 104 of the Disaster Mitigation Act of 2000, added Sec. 322 (a) - ( Planning, and Sec. 323(a) - (b), Minimum Standards for Public and Private Structures, wh be in effect until FEMA publishes implementing regulations.) 165. MITIGATION PLANNING. {Sec. 322) a. Requirement of Mitigation Plan. - -As a condition of receipt of an increased Federal hazard mitigation measures under subsection (e), a State, local, or tribal governm develop and submit for approval to the President a mitigation plan that outlines pr( identifying the natural hazards, risks, and vulnerabilities of the area under the juris the government. b. Local and Tribal Plans.- -Each mitigation plan developed by a local or tribal govern 1. describe actions to mitigate hazards, risks, and vulnerabilities identified un plan; and 2. establish a strategy to implement those actions. c. State Plans.- -The State process of development of a mitigation plan under this sec 1. identify the natural hazards, risks, and vulnerabilities of areas in the State; 2. support development of local mitigation plans; 3. provide for technical assistance to local and tribal governments for mitigati- planning; and 4. identify and prioritize mitigation actions that the State will support, as resoL become available. d. Funding. - 1. In general. -- Federal contributions under section 404 may be used to fund t development and updating of mitigation plans under this section. 2. Maximum federal contribution. - -With respect to any mitigation plan, a State tribal government may use an amount of Federal contributions under sectic to exceed 7 percent of the amount of such contributions available to the gc as of a date determined by the government. e. Increased Federal Share for Hazard Mitigation Measures.- 1. In general. - -If, at the time of the declaration of a major disaster, a State ha: an approved mitigation plan under this section, the President may increase percent, with respect to the major disaster, the maximum percentage sped http: / /www.fema.gov /library/stafact.shtm 4/5/2004 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 21 of 62 last sentence or section 4u41a1. 2. Factors for consideration.--] n determining whether to increase the maximw percentage under paragraph (1), the President shall consider whether the established - A. eligibility criteria for property acquisition and other types of mitigatic measures; B. requirements for cost effectiveness that are related to the eligibility C. a system of priorities that is related to the eligibility criteria; and D. a process by which an assessment of the effectiveness of a mitigat may be carried out after the mitigation action is complete. (P.L. 106 -390, § 104(a), 114 Stat. 1558). § 5165a. MINIMUM STANDARDS FOR PUBLIC AND PRIVATE STRUCTURES. (Sec.32 a. In General.--As a condition of receipt of a disaster loan or grant under this Act 1. the recipient shall carry out any repair or construction to be financed with tl grant in accordance with applicable standards of safety, decency, and sani in conformity with applicable codes, specifications, and standards; and 2. the President may require safe land use and construction practices, after a consultation with appropriate State and local government officials. b. Evidence of Compliance.--A recipient of a disaster loan or grant under this Act shE such evidence of compliance with this section as the President may require by reg (Pub.L. 106 -390, § 104(a), October30, 2000, 114 Stat. 1559). (Note to users: Section 202 of the Disaster Mitigation Act of 2000, added Sec. 324 (a) (c), Management Costs, which will not be in effect until FEMA publishes implementing regulat § 5165b. MANAGEMENT COSTS. (Sec. 324) a. Definition of Management Cost. - -In this section, the term 'management cost' inclu( indirect cost, any administrative expense, and any other expense not directly char! specific project under a major disaster, emergency, or disaster preparedness or m activity or measure. b. Establishment of Management Cost Rates. -- Notwithstanding any other provision c (including any administrative rule or guidance), the President shall by regulation e: management cost rates, for grantees and subgrantees, that shall be used to deter contributions under this Act for management costs. c. Review.--The President shall review the management cost rates established unde subsection (b) not later than 3 years after the date of establishment of the rates ar periodically thereafter. (Pub. L. 106 -390, § 202(a), October 30, 2000, 114 Stat. 1560) (Note added to § 202, Pub. L. 106 -390: 1. Applicability. 1. In general. -- Subject to paragraph (2), subsections ( a) and (b) of section 32 Robert T. Stafford Disaster Relief and Emergency Assistance Act (as adds http: / /www.fema.gov /library /stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 22 of 62 subsection (a)) shall apply to major disasters declared under that Act on of date of enactment of this Act. 2. Interim authority.- -Until the date on which the President establishes the me cost rates under section 324 of the Robert T Stafford Disaster Relief and t Assistance Act (as added by subsection (a)), section 406(0 of the Robert I Disaster Relief and Emergency Assistance Act (42 U. S. C. 5172(1)) (as in e day before the date of enactment of this Act) shall be used to establish ma cost rates. (Pub. L. 106 -390, § 202(b), October 30, 2000, 114 Stat. 1560)] (Note to users. Section 203 of the Disaster Mitigation Act of 2000, added Sec. 325 (a) - (c, became effective on October 30, 2000. J § 5165c. PUBLIC NOTICE, COMMENT, AND CONSULTATION REQUIREMENTS. (Sec. a. Public Notice and Comment Concerning New or Modified Policies.- 1. In general.--The President shall provide for public notice and opportunity f: before adopting any new or modified policy that - A. governs implementation of the public assistance program administr Federal Emergency Management Agency under this Act; and B. could result in a significant reduction of assistance under the progn 2. Application.--Any policy adopted under paragraph (1) shall apply only to a disaster or emergency declared on or after the date on which the policy is ; b. Consultation Concerning Interim Policies.- In general. -- Before adopting any interim policy under the public assistance address specific conditions that relate to a major disaster or emergency th; declared under this Act, the President, to the maximum extent practicable, the views and recommendations of grantees and subgrantees with respect major disaster or emergency concerning the potential interim policy, if the i policy is likely - A. to result in a significant reduction of assistance to applicants for the with respect to the major disaster or emergency; or B. to change the terms of a written agreement to which the Federal Gc is a party concerning the declaration of the major disaster or emerc 2. No legal right of action. -- Nothing in this subsection confers a legal right of; any party. c. Public Access. - -The President shall promote public access to policies governing tt implementation of the public assistance program. (P. L. 106 -390, § 203, October 30, 2000, 114 Stat. 1560) SUBCHAPTER IV- -MAJOR DISASTER ASSISTANCE PROGRAMS § 5170. PROCEDURE FOR DECLARATION (Sec. 401) http: / /www.fema.gov /library/stafact.shtm 4/5/2004 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 23 of 62 All requests for a declaration by the President that a major disaster exists shall be made t Governor of the affected Slate. Such a request shall be based on a finding that the disast such severity and magnitude that effective response is beyond the capabilities of the Stab affected local governments and that Federal assistance is necessary. As part of such regi as a prerequisite to major disaster assistance under this Act, the Governor shall take apps response action under State law and direct execution of the State's emergency plan. The shall furnish information on the nature and amount of State and local resources which ha% will be committed to alleviating the results of the disaster, and shall certify that, for the cur disaster, State and local government obligations and expenditures (of which State commit must be a significant proportion) will comply with all applicable cost - sharing requirements Based on the request of a Governor under this section, the President may declare under t a major disaster or emergency exists. (Pub. L. 93 -288, title IV, § 401, as added Pub. L. 100 -707, title 1, § 106(a)(3), Nov. 23, 191 Stat. 4696.) § 5170a. GENERAL FEDERAL ASSISTANCE (Sec. 402) In any major disaster, the President may -- 1. direct any Federal agency, with or without reimbursement, to utilize its authorities resources granted to it under Federal law (including personnel, equipment, supplic and managerial, technical, and advisory services) in support of State and local as: efforts; 2. coordinate all disaster relief assistance (including voluntary assistance) provided t agencies, private organizations, and State and local governments; 3. provide technical and advisory assistance to affected State and local government: A. the performance of essential community services; B. issuance of warnings of risks and hazards; C. public health and safety information, including dissemination of such inforn D. provision of health and safety measures; and E. management, control, and reduction of immediate threats to public health and 4. assist State and local governments in the distribution of medicine, food, and other consumable supplies, and emergency assistance. (Pub. L. 93 -288, title IV, § 402, as added Pub. L. 100 -707, title 1, § 106(a)(3), Nov. 23, 19t Stat. 4696.) § 5170b. ESSENTIAL ASSISTANCE (Sec. 403) a. In general Federal agencies may on the direction of the President, provide assistance esseni meeting immediate threats to life and property resulting from a major disaster, as 1 1. Federal resources, generally Utilizing, lending, or donating to State and local governments Federal equil supplies, facilities, personnel, and other resources, other than the extensio for use or distribution by such governments in accordance with the purpose Act. http: / /www.fema.gov /library/stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 24 of 62 2. Medicine, food, and other consumables Distributing or rendering through State and local governments, the Americo Red Cross, the Salvation Army, the Mennonite Disaster Service, and other disaster assistance organizations medicine, food, and other consumable si and other services and assistance to disaster victims. 3. Work and services to save lives and protect property Performing on public or private lands or waters any work or services essen saving lives and protecting and preserving property or public health and sa including- - A. debris removal; B. search and rescue, emergency medical care, emergency mass car emergency shelter, and provision of food, water, medicine, and oth needs, including movement of supplies or persons; C. clearance of roads and construction of temporary bridges necessar performance of emergency tasks and essential community service: D. provision of temporary facilities for schools and other essential corr services; E. demolition of unsafe structures which endanger the public; F. warning of further risks and hazards; G. dissemination of public information and assistance regarding healtt measures; H. provision of technical advice to State and local governments on dis management and control; and I. reduction of immediate threats to life, property, and public health ai 4. Contributions Making contributions to State or local governments or owners or operators nonprofit facilities for the purpose of carrying out the provisions of this sub! b. Federal share The Federal share of assistance under this section shall be not less than 75 perce eligible cost of such assistance. c. Utilization of DOD resources 1. General rule During the immediate aftermath of an incident which may ultimately qualify assistance under this title or title V of this Act [42 U.S.C. §§ 5170 at seq. of seq.], the Governor of the State in which such incident occurred may reque President to direct the Secretary of Defense to utilize the resources of the I of Defense for the purpose of performing on public and private lands any e work which is made necessary by such incident and which is essential for 1 preservation of life and property. If the President determines that such wort essential for the preservation of life and property, the President shall grant request to the extent the President determines practicable. Such emergent may only be carried out for a period not to exceed 10 days. 2. Rules applicable to debris removal Any removal of debris and wreckage carried out under this subsection shal subject to section 5173(b) of this title [42 U.S.C. § 5173(b)], relating to unc authorization and indemnification for debris removal. 3. Expenditures out of disaster relief funds The cost of any assistance provided pursuant to this subsection shall be re out of funds made available to carry out this Act. 4. Federal share The Federal share of assistance under this subsection shall be not less the np. rrpnt http: / /www.fema.gov /library/stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 25 of 62 5. Guidelines Not later than 180 days after the date of the enactment of the Disaster Reli Emergency Assistance Amendments of 1988 [enacted Nov. 23, 1988], the shall issue guidelines for carrying out this subsection. Such guidelines sha any likely effect assistance under this subsection will have on the availabili forms of assistance under this Act. 6. Definitions For purposes of this section -- A. Department of Defense The term 'Department of Defense' has the meaning the term "depai under section 101 of title 10, United States Code. B. Emergency work The term "emergency work" includes clearance and removal of del: wreckage and temporary restoration of essential public facilities an (Pub. L. 93 -288, title IV, § 403, as added Pub. L. 100 -707, title 1, § 106(a)(3), Nov. 23, 191 Stat. 4697.) § 5170c. HAZARD MITIGATION (Sec. 404) a. In General. The President may contribute up to 75 percent of the cost of hazard mitigation me which the President has determined are cost - effective and which substantially reds of future damage, hardship, loss, or suffering in any area affected by a major disa: measures shall be identified following the evaluation of natural hazards under sect this title and shall be subject to approval by the President. Subject to section 322, contributions under this section for a major disaster shall not exceed 15 percent of estimated aggregate amount of grants to be made (less any associated administr( under this chapter with respect to the major disaster. (Pub.L. 106 -390, § 104(c)(1), October 30, 2000, 114 Stat. 1559) b. Property acquisition and relocation assistance.- - 1. General authority. In providing hazard mitigation assistance under this sec connection with flooding, the Director of the Federal Emergency Managem may provide property acquisition and relocation assistance for projects tha requirements of paragraph (2). 2. Terms and conditions. An acquisition or relocation project shall be eligible to receive assistance p paragraph (1) only if -- A. the applicant for the assistance is otherwise eligible to receive assi! under the hazard mitigation grant program established under subs( this section; and B. on or after December 3, 1993, the applicant for the assistance ante agreement with the Director that provides assurances that- - i. any property acquired, accepted, or from which a structure i removed pursuant to the project will be dedicated and main perpetuity for a use that is compatible with open space, reci wetlands management practices; ii. no new structure will be erected on property acquired, accel from which a structure was removed under the acquisition c http: / /www.fema.gov /library/stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 26 of 62 program other than- - L a public facility that is open on all sides and function to a designated open space; II. a rest room; or III. a structure that the Director approves in writing befo commencement of the construction of the structure; after receipt of the assistance, with respect to any property; accepted or from which a structure was removed under the or relocation program- - I. no subsequent application for additional disaster as: any purpose will be made by the recipient to any Fe and II. no assistance referred to in subclause (1) will be pro applicant by any Federal source. 3. Statutory construction Nothing in this subsection is intended to alter or otherwise affect an agreer acquisition or relocation project carried out pursuant to this section that we on December 3, 1993. [Note to users: Section 204 of the Disaster Mitigation Act of 2000, added S Program Administration by States, which will not be in effect until FEMA pL implementing regulations.] c. Program Administration by States: 1. In general.--A State desiring to administer the hazard mitigation grant prog established by this section with respect to hazard mitigation assistance in t may submit to the President an application for the delegation of the authori administer the program. 2. Criteria. - -The President, in consultation and coordination with States and k governments, shall establish criteria for the approval of applications submit paragraph (1). The criteria shall include, at a minimum - A. the demonstrated ability of the State to manage the grant program section; B. there being in effect an approved mitigation plan under section 322 C. a demonstrated commitment to mitigation activities. 3. Approval. - -The President shall approve an application submitted under par that meets the criteria established under paragraph (2). 4. Withdrawal of approval. - -If, after approving an application of a State submi paragraph (1), the President determines that the State is not administering mitigation grant program established by this section in a manner satisfacto President, the President shall withdraw the approval. 5. Audits. - -The President shall provide for periodic audits of the hazard mitiga programs administered by States under this subsection. [(P. L. 106 -390, § 204, October 30, 2000, 114 Stat. 156 1)] (Pub. L. 93 -288, 404, as added Pub. L. 100 -707, title 1, § 106(a)(3), Nov. 23, 1988, 102 Stal Pub. L. 103 -181, §2(a), Dec. 3, 1993, 107 Stat. 2054.) [The following section was enacted in PL 106 -390, § 104(b), but is not part of the Stafford was not codified in the U.S. Code]. [[(b) Losses From Straight Line Winds.-- The President shall increase the maximum percentage specified in the last sentence of se (a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 51' from 15 percent to 20 percent with respect to any major disaster that is in the State of Min for which assistance is being provided as of the date of enactment of this Act, except that assistance provided under this subsection shall not exceed $6,000,000. The mitigation mr assisted under this subsection shall be related to losses in the State of Minnesota from sti winds." fl http: / /www.fema.gov /library/stafact.shtm 4/5/2004 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 27 of 62 § 5171. FEDERAL FACILITIES (Sec. 405) a. Repair, reconstruction, restoration or replacement of United States facilities The President may authorize any Federal agency to repair, reconstruct, restore, of any facility owned by the United States and under the jurisdiction of such agency V damaged or destroyed by any major disaster if he determines that such repair, reconstruction, restoration, or replacement is of such importance and urgency that reasonably be deferred pending the enactment of specific authorizing legislation o making of an appropriation for such purposes, or the obtaining of congressional c( approval. b. Availability of funds appropriated to agency for repair, reconstruction, restoration, i replacement of agency facilities In order to carry out the provisions of this section, such repair, reconstruction, rest replacement may be begun notwithstanding a lack or an insufficiency of funds app for such purpose, where such lack or insufficiency can be remedied by the transfe 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' these facilities are exposed and shall take appropriate action to mitigate such haz; including safe land -use and construction practices, in accordance with standards I by the President. (Pub. L. 93 -288, title IV, formedy § 405, May 22, 1974, 88 Stat. 153; renumbered § 405, F 707, title 1, § 106(a)(2), Nov. 23, 1988, 102 Stat. 4696.) § 5172. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES {S (Note to users. Section 205 of the Disaster Mitigation Act of 2000 struck prior § 406(a), C( and inserted new § 406(a)(1), (2) and (4), Contributions, which became effective on Octol 2000. See Note to users regarding § 406(a)(3).J a. Contributions.- 1. In general—The President may make contributions- A. to a State or local government for the repair, restoration, reconstru( replacement of a public facility damaged or destroyed by a major di for associated expenses incurred by the government; and B. subject to paragraph (3), to a person that owns or operates a privat facility damaged or destroyed by a major disaster for the repair, res reconstruction, or replacement of the facility and for associated exp incurred by the person. 2. Associated expenses.--For the purposes of this section, associated expen: include- A. the costs of mobilizing and employing the National Guard for perfor eligible work; B. the costs of using prison labor to perform eligible work, including w; actually paid, transportation to a worksite, and extraordinary costs http: / /www.fema.gov /library /stafact.shtm 4/5/2004 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 28 of 62 r000, ano ioaging; ano C. base and overtime wages for the employees and extra hires of a S1 government, or person described in paragraph (1) that perform elig plus fringe benefits on such wages to the extent that such benefits paid before the major disaster. (Note to users: Section 205(a) of the Disaster Mitigation Act of 2001 Sec. 406(a)(3), Conditions for assistance to private nonprofit faciliti became effective as of October 30, 2000; on May 4, 2001 FEMA p1 interim final rule implementing § 406(a)(3), which is currently in for: FR 22443, May 4, 20011 3. Conditions for assistance to private nonprofit facilities.- A. In general.--The President may make contributions to a private non facility under paragraph (1)(B) only if- i. the facility provides critical services (as defined by the Presi event of a major disaster; or ii. the owner or operator of the facility- I. has applied for a disaster loan under section 7(b) of Business Act (15 U.S.C. 636(b)); and II. (aa) has been determined to be ineligible for such a (bb) has obtained such a loan in the maximum amol which the Small Business Administration determine; is eligible. B. Definition of critical services. - -In this paragraph, the term 'critical se includes power, water (including water provided by an irrigation org facility), sewer, wastewater treatment, communications, and emerg medical care. 4. Notification to Congress. -- Before making any contribution under this sectio amount greater than $20,000,000, the President shall notify- A. the Committee on Environment and Public Works of the Senate; B. the Committee on Transportation and Infrastructure of the House o' Representatives; C. the Committee on Appropriations of the Senate; and D. the Committee on Appropriations of the House of Representatives. (Pub. L. 106 -390, § 205(a), October 30, 2000, 114 Stat. 1562) [NotE Section 406(b), Federal Share, will not be in effect until FEMA publ. implementing regulations. b. Federal Share- 1. Minimum federal share. -- Except as provided in paragraph (2), the Federal assistance under this section shall be not less than 75 percent of the eligib repair, restoration, reconstruction, or replacement carried out under this se 2. Reduced federal share. - -The President shall promulgate regulations to red Federal share of assistance under this section to not less than 25 percent i of the repair, restoration, reconstruction, or replacement of any eligible put or private nonprofit facility following an event associated with a major disas A. that has been damaged, on more than 1 occasion within the prece( year period, by the same type of event; and B. the owner of which has failed to implement appropriate mitigation n address the hazard that caused the damage to the facility. (Pub. L. 106 -390, § 205(b), October 30, 2000, 114 Stat. 1562) http: / /www.fema.gov /library /stafact.shtm 4/5/2004 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 29 of 62 [Note to users: The Disaster Mitigation Act of 2000, Sec. 406(c), La Contributions, was effective as of October 30, 2000; on May 4, 200 published an interim final rule implementing this provision, which is force. See 66 FR 22443, May 4, 2001.] c. Large In -Lieu Contributions.- 1. For public facilities.- A. In general. - -In any case in which a State or local government deten the public welfare would not best be served by repairing, restoring, reconstructing, or replacing any public facility owned or controlled t or local government, the State or local government may elect to rec of a contribution under subsection (a)(1)(A), a contribution in an arc to 75 percent of the Federal share of the Federal estimate of the cc repairing, restoring, reconstructing, or replacing the facility and of management expenses. B. Areas with unstable sail. - -In any case in which a State or local govt determines that the public welfare would not best be served by rep; restoring, reconstructing, or replacing any public facility owned or c the State or local government because soil instability in the disaste makes repair, restoration, reconstruction, or replacement infeasible or local government may elect to receive, in lieu of a contribution w subsection (a)(1)(A), a contribution in an amount equal to 90 percei Federal share of the Federal estimate of the cost of repairing, resto reconstructing, or replacing the facility and of management expens C. Use of funds.--Funds contributed to a State or local government un paragraph may be used - i. to repair, restore, or expand other selected public facilities; ii. to construct new facilities; or iii. to fund hazard mitigation measures that the State or local g determines to be necessary to meet a need for government and functions in the area affected by the major disaster. D. Limitations. —Funds made available to a State or local government i paragraph may not be used for- any public facility located in a regulatory Floodway (as defn( section 59.1 of title 44, Code of Federal Regulations (or a si regulation)); or any uninsured public facility located in a special Flood hazar identified by the Director of the Federal Emergency Manage Agency under the National Flood Insurance Act of 1968 (42 4001 et seq.). 2. For private nonprofit facilities.- A. In general.--In any case in which a person that owns or operates a nonprofit facility determines that the public welfare would not best t by repairing, restoring, reconstructing, or replacing the facility, the F elect to receive, in lieu of a contribution under subsection (a)(1)(B), contribution in an amount equal to 75 percent of the Federal share Federal estimate of the cost of repairing, restoring, reconstructing, the facility and of management expenses. B. Use of funds. - -Funds contributed to a person under this paragraph used- i. to repair, restore, or expand other selected private nonprofit owned or operated by the person; ii. to construct new private nonprofit facilities to be owned or o the person; or iii. to fund hazard mitigation measures that the person determi necessary to meet a need for the person's services and fun the aroa aff —f-A h., +h. maim Ai-a-'­ http://www.fema.gov/library/stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 30 of 62 C. Limitations.--Funds made available to a person under this paragrap be used for- any private nonprofit facility located in a regulatory floodwa) defined in section 59.1 of title 44, Code of Federal Regulati( successor regulation)); or any uninsured private nonprofit facility located in a special fl area identified by the Director of the Federal Emergency W Agency under the National Flood Insurance Act of 1968 (42 4001 et seq.). (Pub. L. 106 -390, § 205(c), October 30, 2000, 114 Stat. 156 d. Flood insurance 1. Reduction of Federal assistance If a public facility or private nonprofit facility located in a special flood hazai identified for more than 1 year by the Director pursuant to the National Flo( Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is damaged or destroyed, r 180th day following November 23, 1988, by flooding in a major disaster an facility is not covered on the dale of such flooding by flood insurance, the F assistance which would otherwise be available under this section with resp repair, restoration, reconstruction, and replacement of such facility and asE expenses shall be reduced in accordance with paragraph (2). 2. Amount of reduction The amount of a reduction in Federal assistance under this section with re! facility shall be the lesser of -- A. the value of such facility on the date of the flood damage or destruc B. the maximum amount of insurance proceeds which would have bee with respect to such facility if such facility had been covered by floo insurance under the National Flood Insurance Act of 1968 [42 U.S. el seq.] on such date. 3. Exception Paragraphs (1) and (2) shall not apply to a private nonprofit facility which ie covered by flood insurance solely because of the local government's failurr participate in the flood insurance program established by the National Floo Insurance Act. 4. Dissemination of information The President shall disseminate information regarding the reduction in Fec assistance provided for by this subsection to State and local governments owners and operators of private nonprofit facilities who may be affected by reduction. (Note to users. The Disaster Mitigation Act of 2000 struck § 406(e), Net eligible co inserted new subsection 406(e), Eligible cost. Until FEMA publishes implementing regulations, § 406(e), Net eligible cost, remains in effect as follows: e. Net eligible cost 1. General rule For purposes of this section, the cost of repairing, restoring, reconstructing replacing a public facility or private nonprofit facility on the basis of the des facility as it existed immediately prior to the major disaster and in conformal current applicable codes, specifications, and standards (including floodplai management and hazard mitigation criteria required by the President or by Coastal Barrier Resources Act (16 U.S.C. 3501 at seq.)) shall, at a minimu treated as the net eligible cost of such repair, restoration, reconstruction, o replacement. http: / /www.fema.gov /library/stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 31 of 62 2. Special rule In any case in which the facility being repaired, restored, reconstructed, or under this section was under construction on the date of the major disaster of repairing, restoring, reconstructing, or replacing such facility shall includ purposes of this section, only those costs which, under the contract for suc construction, are the owner's responsibility and not the contractor's respon (Note to users: The following provisions of the Disaster Mitigation Act of 2000, Sec. 406(e Cost, will not be in effect until FEMA publishes implementing regulations: e. Eligible Cost.- 1. Determination.- A. In general. - -For the purposes of this section, the President shall es eligible cost of repairing, restoring, reconstructing, or replacing a pt or private nonprofit facility- i. on the basis of the design of the facility as the facility existe immediately before the major disaster; and ii. in conformity with codes, specifications, and standards (incl floodplain management and hazard mitigation criteria requii President or under the Coastal Barrier Resources Act (16 U et seq.)) applicable at the time at which the disaster occurre B. Cost estimation procedures.- I. In general. -- Subject to paragraph (2), the President shall us estimation procedures established under paragraph (3) to d the eligible cost under this subsection. ii. Applicability. - -The procedures specified in this paragraph ai paragraph (2) apply only to projects the eligible cost of whit to or greater than the amount specified in section 422. 2. Modification of eligible cost: A. Actual cost greater than ceiling percentage of estimated cost. - -In al which the actual cost of repairing, restoring, reconstructing, or reply facility under this section is greater than the ceiling percentage estE under paragraph (3) the cost estimated under paragraph (1), the P1 may determine that the eligible cost includes a portion of the actual repair, restoration, reconstruction, or replacement that exceeds the estimated under paragraph (1). B. Actual cost less than estimated cost.- Greater than or equal to floor percentage of estimated cost. case in which the actual cost of repairing, restoring, reconst replacing a facility under this section is less than 100 percei cost estimated under paragraph (1), but is greater than or e floor percentage established under paragraph (3) of the cos under paragraph (1), the State or local government or persc funds under this section shall use the excess funds to carry effective activities that reduce the risk of future damage, hai suffering from a major disaster. Less than floor percentage of estimated cost.--In any case i actual cost of repairing, restoring, reconstructing, or replacit under this section is less than the floor percentage establist paragraph (3) of the cost estimated under paragraph (1), the local government or person receiving assistance under this shall reimburse the President in the amount of the different C. No effect on appeals process. -- Nothing in this paragraph affects an appeal under section 423. 1 Exoert oanel.- http: / /www.fema.gov /library/stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 32 of 62 A. Establishment. - -Not later than 18 months after the date of enactme paragraph, the President, acting through the Director of the Federa Emergency Management Agency, shall establish an expert panel, include representatives from the construction industry and State an government. B. Duties. - -The expert panel shall develop recommendations concerni i. procedures for estimating the cost of repairing, restoring, reconstructing, or replacing a facility consistent with industn and ii. the ceiling and floor percentages referred to in paragraph (2 C. Regulations: - Taking into account the recommendations of the exp under subparagraph (B), the President shall promulgate regulation; establish- i. cost estimation procedures described in subparagraph (B)(i ii. the ceiling and floor percentages referred to in paragraph (< D. Review by President. - -Not later than 2 years after the date of proms regulations under subparagraph (C) and periodically thereafter, the shall review the cost estimation procedures and the ceiling and floc percentages established under this paragraph, E. Report to Congress. - -Not later than 1 year after the date of promulc regulations under subparagraph (C), 3 years after that date, and at each 2 -year period thereafter, the expert panel shall submit to Con! report on the appropriateness of the cost estimation procedures. 4. Special rule.--In any case in which the facility being repaired, restored, rec or replaced under this section was under construction on the date of the m disaster, the cost of repairing, restoring, reconstructing, or replacing the fat include, for the purposes of this section, only those costs that, under the c( the construction, are the owner's responsibility and not the contractor's res ((2) Effective date. - -The amendment made by paragraph (1) takes effect on the de enactment of this Act and applies to funds appropriated after the date of enactmet Act, except that paragraph (1) of section 406(e) of the Robert T. Stafford Disaster Emergency Assistance Act (as amended by paragraph (1)) takes effect on the oat the cost estimation procedures established under paragraph (3) of that section tak (Pub. L. 106 -390, § 205(e), October 30, 2000, 114 Stat. 1566 (Note to users: Section § 205(e) of the Disaster Mitigation Act of 2000 repealed § § 202(b) of the DMA 2000 states that until the management cost rates under § 32 Stafford Act are established, the following provisions of § 4060 will be used to esl "management cost rates. ": f. Associated expenses For purposes of this section, associated expenses include the following: 1. Necessary costs Necessary costs of requesting, obtaining, and administering Federal assisl based on a percentage of assistance provided as follows: A. For an applicant whose net eligible costs equal less than $100,000 of such net eligible costs, B. For an applicant whose net eligible costs equal $100,000 or more t than $1,000,000, $3,000 plus 2 percent of such net eligible costs in $100,000, C. For an applicant whose net eligible costs equal $1,000,000 or more than $5,000,000, $21,000 plus 1 percent of such net eligible costs i $1,000,000, D. For an applicant whose net eligible costs equal $5,000,000 or more http: / /www.fema.gov /library/stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 33 of 62 plus 1 /2 percent of sucn net eugiole costs in excess or �b,uuu,uuu. 2. Extraordinary costs Extraordinary costs incurred by a State for preparation of damage survey n inspection reports, project applications, final audits, and related field inspe, State employees, including overtime pay and per diem and travel expense: employees, but not including pay for regular time of such employees, base total amount of assistance provided under sections 5170b, 5170c, 5172, 5 5193 of this title in such State in connection with the major disaster as folic A. If such total amount is less than $100,000, 3 percent of such total e B. If such total amount net eligible cost is $100,000 or more but less ti $1,000,000, $3,000 plus 2 percent of such total amount net eligible excess of $100,000, C. If such total amount net eligible cost is $1,000,000 or more but less $5,000,000, $21,000 plus 1 percent of such total amount net eligibl excess of $1,000,000, D. If such total amount net eligible cost is $5,000,000 or more, $61,00 percent of such total amount net eligible cost in excess of $5,000,0 3. Costs of National Guard The costs of mobilizing and employing the National Guard for performance work. 4. Costs of prison labor The costs of using prison labor to perform eligible work, including wages as transportation to a worksite, and extraordinary costs of guards, food, and k 5. Other labor costs Base and overtime wages for an applicant's employees and extra hires pei eligible work plus fringe benefits on such wages to the extent that such ber being paid before the disaster. (Pub. L. 93 -288, title IV, § 406, as added Pub. L. 100 -707, title I, § 106(b), Nov. 23, 1988, 4699) (Pub. L. 106 -390, § 205(e), October 30, 2000, 114 Stat. 1566). (Note: See Pub. L. 106 -390, § 202(b), which makes § 406(0, as it existed before repeal, tl authority for establishing management cost rates until FEMA establishes new manageme rates under new § 324 of the Stafford Act.] § 5173. DEBRIS REMOVAL (Sec. 407) a. Authorization for use of Federal assistance and grants to State or local governmer The President, whenever he determines it to be in the public interest, is authorizes 1. through the use of Federal departments, agencies, and instrumentalities, t' debris and wreckage resulting from a major disaster from publicly and priv; lands and waters; and 2. to make grants to any Slate or local government or owner or operator of a non - profit facility for the purpose of removing debris or wreckage resulting major disaster from publicly or privately owned lands and waters. b. State or local government authorization; indemnification of Federal government No authority under this section shall be exercised unless the affected State or loco http: / /www.fema.gov /library/stafact.shtm 4/5/2004 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 34 of 62 government shall first arrange an unconditional authorization for removal of such c wreckage from public and private property, and, in the case of removal of debris o from private property, shall first agree to indemnify the Federal Government again: arising from such removal. c. Rules relating to large lots The President shall issue rules which provide for recognition of differences existing urban, suburban, and rural lands in implementation of this section so as to facilitat removal of debris and wreckage from large lots. d. Federal share The Federal share of assistance under this section shall be not less than 75 perce eligible cost of debris and wreckage removal carried out under this section. (Pub. L. 93 -288, title IV, § 407, formerly § 403, May 22, 1974, 88 Stat. 154, renumbered § amended, Pub. L. 100 -707, title 1, § 106(c), Nov. 23, 1988, 102 Stat. 4701.) ]Note to users: The Disaster Mitigation Act of 2000 repealed § 411 of the Stafford Act, but which will replace § 411, does not become effective until 18 months alter October 30, 206 1, 2002. Section 411 remains in effect until May 1, 2002, and until May 1, 2002 FEMA offs, not make operational decisions based on the following § 408. FEMA expects to publish in regulations for§ 408 before May 1, 2002.] SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS. a. In General: 1. Provision of assistance. - -In accordance with this section, the President, in consultation with the Governor of a State, may provide financial assistance necessary, services, to individuals and households in the State who, as a c of a major disaster, have necessary expenses and serious needs in cases the individuals and households are unable to meet such expenses or need other means. 2. Relationship to other assistance.--Under paragraph (1), an individual or ho shall not be denied assistance under paragraph (1), (3), or (4) of subsectio on the basis that the individual or household has not applied for or receives or other financial assistance from the Small Business Administration or am Federal agency. b. Housing Assistance: 1. Eligibility. - -The President may provide financial or other assistance under t to individuals and households to respond to the disaster - related housing m individuals and households who are displaced from their predisaster prima residences or whose predisaster primary residences are rendered uninhab result of damage caused by a major disaster. 2. Determination of appropriate types of assistance: A. In general. - -The President shall determine appropriate types of hog assistance to be provided under this section to individuals and hou: described in subsection (a)(1) based on considerations of cost effe convenience to the individuals and households, and such other fac President may consider appropriate. B. Multiple types of assistance. - -One or more types of housing assists be made available under this section, based on the suitability and z of the types of assistance, to meet the needs of individuals and hoi the particular disaster situation. http: / /www.fema.gov /library /stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 35 of 62 c. Types of Housing Assistance: 1. Temporary housing.- A. Financial assistance.- In general. - -The President may provide financial assistance individuals or households to rent alternate housing accomm existing rental units, housing, recreational vehicles, or other fabricated dwellings. Amount. - -The amount of assistance under clause (1) shall b the fair market rent for the accommodation provided plus th any transportation, utility hookups, or unit installation not pri directly by the President. B. Direct assistance.- In general. - -The President may provide temporary housing acquired by purchase or lease, directly to individuals or hou who, because of a lack of available housing resources, wou unable to make use of the assistance provided under subpe (A). Period of assistance. - -The President may not provide direct under clause (i) with respect to a major disaster after the en month period beginning on the date of the declaration of the disaster by the President, except that the President may exl period if the President determines that due to extraordinary circumstances an extension would be in the public interest. Collection of rental charges. -- the end of the 18 -month peric to in clause (ii), the President may charge fair market rent fc temporary housing unit provided. 2. Repairs.- A. In general. - -The President may provide financial assistance for- i. the repair of owner - occupied private residences, utilities, an residential infrastructure (such as a private access route) bt disaster to a safe and sanitary living or functioning conditior ii. eligible hazard mitigation measures that reduce the likeliho( damage to such residences, utilities, or infrastructure. B. Relationship to other assistance.--A recipient of assistance provide this paragraph shall not be required to show that the assistance cai through other means, except insurance proceeds. C. Maximum amount of assistance.--The amount of assistance provid household under this paragraph shall not exceed $5,000, as adjust to reflect changes in the Consumer Price Index for All Urban ConSI published by the Department of Labor. 3. Replacement: A. In general. - -The President may provide financial assistance for the replacement of owner- private residences damaged by a major dise B. Maximum amount of assistance. - -The amount of assistance provid, household under this paragraph shall not exceed $10,000, as adjw annually to reflect changes in the Consumer Price Index for All Urb. Consumers published by the Department of Labor. C. Applicability of flood insurance requirement. - -With respect to assist provided under this paragraph, the President may not waive any pr Federal law requiring the purchase of flood insurance as a conditior receipt of Federal disaster assistance. 4. Permanent housing construction. - -The President may provide financial as direct assistance to individuals or households to construct permanent hou: insular areas outside the continental United States and in other remote loc cases in which- http: / /www.fema.gov /library/stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 36 of 62 A. no alternative housing resources are available; and B. the types of temporary housing assistance described in paragraph unavailable, infeasible, not cost - effective. d. Terms and Conditions Relating to Housing Assistance.- 1. Sites: A. In general. - -Any readily fabricated dwelling provided under this sec whenever practicable, be located on a site that- i. is complete with utilities; and ii. is provided by the State or local government, by the owner r or by the occupant who was displaced by the major disaslei B. Sites provided by the president. - -A readily fabricated dwelling may on a site provided by the President if the President determines that would be more economical or accessible. 2. Disposal of units.- A. Sale to occupants.- L In general. -- Notwithstanding any other provision of law, a to housing unit purchased under this section by the President purpose of housing disaster victims may be sold directly to I individual or household who is occupying the unit if the indix household lacks permanent housing. ii. Sale price. - -A sale of a temporary housing unit under clausf be at a price that is fair and equitable. iii. Deposit of proceeds: Notwithstanding any other provision of law, the proceeds of under clause (i) shall be deposited in the appropriate Disasl Fund account. iv. Hazard and flood insurance. - -A sale of a temporary housinc clause (i) be made on the condition that the individual or ho purchasing the housing unit agrees to obtain and maintain t flood insurance on the housing unit. v. Use of GSA services. - -The President may use the services General Services Administration to accomplish a sale undei B. Other methods of disposal.--If not disposed of under subparagraph temporary housing unit purchased under this section by the Presid< purpose of housing disaster victims- i. may be sold to any person; or ii. may be sold, transferred, donated, otherwise made availabl a State or other governmental entity or to a voluntary organi the sole purpose of providing temporary housing to disaster major disasters and emergencies if, as a condition of the sa or donation, the State, governmental agency, or voluntary o agrees- I. to comply with the nondiscrimination provisions of sr and II. to obtain and maintain hazard and flood insurance o housing unit. e. Financial Assistance To Address Other Needs.- 1. Medical, dental, and funeral expenses. - -The President, in consultation with Governor of a State, may provide financial assistance under this section to http: / /www.fema.gov /library /stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 37 of 62 maivwauai or nousenoia in me otace wno is aaversery anectea Dy a major a meet disaster - related medical, dental, funeral expenses. 2. Personal property, transportation, and other expenses.--The President, in c with the Governor of a State, may provide financial assistance under this s individual or household described in paragraph (1) to address personal prc transportation, and other necessary expenses or serious needs resulting fir major disaster. f. State Role: 1. Financial assistance to address other needs: A. Grant to state. -- Subject to subsection (g), a Governor may request from the President to provide financial assistance to individuals anc households in the State under subsection (e). B. Administrative costs. - -A State that receives a grant under subparac may expend not more than 5 percent of the amount of the grant for administrative costs of providing financial assistance to individuals households in the State under subsection (e). 2. Access to records. - -In providing assistance to individuals and households section, the President shall provide for the substantial and ongoing involve States in which the individuals and households are located, by providing to access to the electronic records of individuals and households receiving a: under this section in order for the States to make available any additional local assistance to the individuals and households. g. Cost Sharing.- 1. Federal share. -- Except as provided in paragraph (2), Federal share of the eligible to be paid using assistance provided under this section shall be 10 2. Financial assistance to address other needs. - -In the case of financial assia provided under subsection (e)- A. the Federal share shall be 75 percent; and B. the non - Federal share shall be paid from funds made available by 1 h. Maximum Amount of Assistance.- 1. In general. - -No individual or household shall receive financial assistance g $25,000 under this section with respect to a single major disaster. 2. Adjustment of limit.- -The limit established under paragraph (1) shall be adji annually to reflect changes in the Consumer Price Index for All Urban Con: published by the Department of Labor. (i) Rules and Regulations. - -The President shall prescribe rules and regulations to, this section, including criteria, standards, and procedures for determining eligibility assistance. (d) Effective Date. - -The amendments made by this section take effect 18 months date of enactment of this Ac, or May 1, 2002. (Pub. L. 106 -390, § 206(a), October 30, 2000, 114 Stat. 1566) § 5175. REPEALED. Pub. L. 100 -707, title I, § 105(m)(2), Nov. 23, 1988, 102 Stat. 4696 (Pub. L. 93 -288, title IV, § 409, formerly § 406, May 22, 1974, 88 Stat. 155; renumbered § L. 100 -707, title I, § 106(e), Nov. 23, 1988, 102 Stat. 4703.) (Section § 104(c)(2) of the Disaster Mitigation Act of 2000 repealed § 409, P.L. 106 -390, c 2000, 114 Stat. 1559. See § 323.) http: / /www.fema.gov /library/stafact.shtm 4/5/2004 .: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 38 of 62 § 5177. UNEMPLOYMENT ASSISTANCE (Sec. 410) a. Unemployment benefit assistance The President is authorized to provide to any individual unemployed as a result of disaster such benefit assistance as he deems appropriate while such individual is unemployed for the weeks of such unemployment with respect to which the individ entitled to any other unemployment compensation (as that term is defined in secti( the Internal Revenue Code of 1986 [26 U.S.C. § 85(b)]) or waiting period credit. Si assistance as the President shall provide shall be available to an individual as Ion( individual's unemployment caused by the major disaster continues or until the inch reemployed in a suitable position, but no longer than 26 weeks after the major disi declared. Such assistance for a week of unemployment shall not exceed the maxis weekly amount authorized under the unemployment compensation law of the Stab the disaster occurred. The President is directed to provide such assistance throug agreements with States which, in his judgment, have an adequate system for adm such assistance through existing State agencies. b. Reemployment assistance 1. State assistance A State shall provide, without reimbursement from any funds provided and reemployment assistance services under any other law administered by th. individuals receiving benefits under this section. 2. Federal assistance The President may provide reemployment assistance services under other individuals who are unemployed as a result of a major disaster and who re State which does not provide such services. (Pub. L. 93 -288, title IV, § 410, tormedy § 407, May 22, 1974, 88 Stat. 156; renumbered § amended Pub. L. 100 -707, title 1, § 106(e), (0, Nov. 23, 1988, 102 Stat. 4704.) (NOTE: The following provision is not part of the Stafford Act. It was enacted as part of thi Agriculture, Conservation, and Trade Act of 1990.1 § 5177A. EMERGENCY GRANTS TO ASSIST LOW- INCOME MIGRANT AND SEASON, FARMWORKERS a. In general The Secretary of Agriculture may make grants, not to exceed $20,000,000 annuall agencies or private organizations with tax exempt status under section 501(c)(3) o Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3)], that have experience in proN emergency services to low- income migrant and seasonal farmworkers where the determines that a local, State or national emergency or disaster has caused low -ir migrant or seasonal farmworkers to lose income, to be unable to work, or to stay Y return home in anticipation of work shortages. Emergency services to be provided assistance received under this section may include such types of assistance as th of Agriculture determines to be necessary and appropriate. b. Definition For the purposes of this section, the term "low- income migrant or seasonal farmw( means an individual- - 1 whn ha- H—inn a-, ­--th— 19 m th ncriM ,uifhin th. nr.,.Hinn 9d http: / /www.fema.gov /library / stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 39 of 62 .. ." —, .,..��., .. — I.. ...... r - .— .. ......... .��.. r ........, y period, performed farm work for wages; 2. who has received not less than one -half of such individual's total income, c employed at least one -half of total work time in farm work; and 3. whose annual family income within the 12 month period referred to in para! does not exceed the higher of the poverty level or 70 percent of the lower I standard income level. c. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry section. (Pub. L. 101 -624, title XXII, Subtitle C, § 2281, Nov. 28, 1990, 104 Stat. 3978.)' [Note to users: The Disaster Mitigation Act of 2000 repealed the following § 411 of the StE but § 408, which will replace § 411, does not become effective until 18 months after Octol 2000, or May 1, 2002. Therefore, Section 411 remains in effect until May 1, 2002, and unt 2002 FEMA officials should not make operational decisions based on the following § 408. expects to publish implementing regulations for § 408 before May 1, 2002.] § 5178. INDIVIDUAL AND FAMILY GRANT PROGRAMS (Sec. 411) a. In general The President is authorized to make a grant to a State for the purpose of making c individuals or families adversely affected by a major disaster for meeting disaster -i necessary expenses or serious needs of such individuals or families in those case such individuals or families are unable to meet such expenses or needs through a under other provisions of this Act or through other means. b. Cost sharing 1. Federal share The Federal share of a grant to an individual or a family under this section equal to 75 percent of the actual cost incurred. 2. State contribution The Federal share of a grant under this section shall be paid only on condi the remaining 25 percent of the cost is paid to an individual or family from 1 available by a State. c. Regulations The President shall promulgate regulations to carry out this section and such regu shall include national criteria, standards, and procedures for the determination of c grants and the administration of grants under this section. d. Administrative expenses A State may expend not to exceed 5 percent of any grant made by the President b subsection (a) for expenses of administering grants to individuals and families and section. e. Administration through Governor The Governor of a State shall administer the grant program authorized by this sec Slate. f. Limit on grants to individual No individual or family shall receive grants under this section aggregating more th; with respect to any single major disaster. Such $10,000 limit shall annually be adjt rpflart channpc in fho Cnnei impr Prirp Inrlpv fnr All I Irhyn Cnnci imam ni ihlichprl h http: / /www.fema.gov /library/stafact.shtm 4/5/2004 .: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 40 of 62 Department of Labor. (Pub. L. 93 -288, title IV, § 411, as added Pub. L. 100 -707, title I, § 106(g), Nov. 23, 1988, 4704.) (Please note: Section 206(c) of the Disaster Mitigation Act of 2000 repealed the above § 106 -390, October 30, 2000, 114 Stat, 1571. Section 411 remains in effect until May 1, 20( FEMA publishes implementing regulations for § 408). § 5179. Food coupons and distribution {Sec. 4121 a. Persons eligible; terms and conditions Whenever the President determines that, as a result of a major disaster, low -incor households are unable to purchase adequate amounts of nutritious food, he is aut under such terms and conditions as he may prescribe, to distribute through the Se Agriculture or other appropriate agencies coupon allotments to such households p the provisions of the Food Stamp Act of 1964 (Pub. L. 91 -671; 84 Stat. 2048) [7 U 2011 et seq.] and to make surplus commodities available pursuant to the provisior Act. b. Duration of assistance; factors considered The President, through the Secretary of Agriculture or other appropriate agencies, authorized to continue to make such coupon allotments and surplus commodities such households for so long as he determines necessary, taking into consideratioi factors as he deems appropriate, including the consequences of the major disaste earning power of the households, to which assistance is made available under thie c. Food Stamp Act [7 U.S.C. §§ 2011 et seq.] provisions unaffected. Nothing in this section shall be construed as amending or otherwise changing the of the Food Stamp Act of 1964 [7 U.S.C. §§ 2011 et seq.] except as they relate to availability of food stamps in an area affected by a major disaster. (Pub. L. 93 -288, title IV, § 412, formerly § 409, May 22, 1974, 88 Stat. 157; renumbered § L. 100 -707, title 1, § 106(h), Nov. 23, 1988, 102 Stat. 4705.) § 5180. Food commodities (Sec. 413) a. Emergency mass feeding The President is authorized and directed to assure that adequate stocks of food w and conveniently available for emergency mass feeding or distribution in any area United States which suffers a major disaster or emergency. b. Funds for purchase of food commodities The Secretary of Agriculture shall utilize funds appropriated under section 32 of th August 24, 1935 (7 U.S.C. 612c), to purchase food commodities necessary to pro adequate supplies for use in any area of the United States in the event of a major emergency in such area. (Pub. L. 93 -288, title IV, § 413, fomtedy § 410, May 22, 1974, 88 Stat. 157; renumbered § L. 100 -707, title 1, § 106(h), Nov. 23, 1988, 102 Stat. 4705.) http: / /www.fema.gov /library /stafact.shtm 4/5/2004 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 41 of 62 § 5181. Relocation assistance (Sec. 414) Notwithstanding any other provision of law, no person otherwise eligible for any kind of rel housing payment under the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Pub. L. 91 -646) shall be denied such eligibility as a result of his being unable of a major disaster as determined by the President, to meet the occupancy requirements Act. (Pub. L. 93 -288, title IV, § 414, formerly § 411, May 22, 1974, 88 Stat. 157; renumbered § L. 100 -707, title 1, § 106(h), Nov. 23, 1988, 102 Star. 4705.) § 5182. Legal services (Sec. 415) Whenever the President determines that low- income individuals are unable to secure leg< adequate to meet their needs as a consequence of a major disaster, consistent with the g programs authorized by this Act, the President shall assure that such programs are condc the advice and assistance of appropriate Federal agencies and State and local bar associ (Pub. L. 93 -288, title IV, § 415, formerly § 412, May 22, 1974, 88 Stat. 157; renumbered § L. 100 -707, title 1, § 106(h), Nov. 23, 1988, 102 Stat. 4705.) § 5183. Crisis counseling assistance and training (Sec. 416) The President is authorized to provide professional counseling services, including financit assistance to State or local agencies or private mental health organizations to provide suc or training of disaster workers, to victims of major disasters in order to relieve mental heal problems caused or aggravated by such major disaster or its aftermath. (Pub. L. 93 -288, title IV, § 416, formerly § 413, May 22, 1974, 88 Stat. 157; renumbered § L. 100 -707, title 1, § 106(i), Nov. 23, 1988, 102 Stat. 4705.) [Note to users: The Disaster Mitigation Act of 2000, Sec. 417, Community Disaster Loans, amended, was effective as of October 30, 2000; on May 4, 2001 FEMA published an inter implementing this provision, which is currently in force. See 66 FR 22443, May 4, 2001.] § 5184. Community disaster loans (Sec. 417) a. In General.- -The President is authorized to make loans to any local government w suffer a cuhctantial Insc of tax and nther revenues as a resi dt of a mainr disaster ; http: / /www.fema.gov /library/stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 42 of 62 demonstrated a need for financial assistance in order to perform its governmental b. Amount. - -The amount of any such loan shall be based on need, shall not exceed centum of the annual operating budget of that local government for the fiscal year the major disaster occur, and shall not exceed $5,000,000. c. Repayment.- 1. Cancellation.- Repayment of all or any part of such loan to the extent that rf the local government during the three full fiscal year period following the m disaster are insufficient to meet the operating budget of the local governmc including additional disaster - related expenses of a municipal operation cha be canceled. 2. Condition on continuing eligibility. - -A local government shall not be eligible assistance under this section during any period in which the local governm arrears with respect to a required repayment of a loan under this section. d. Effect on Other Assistance. - -Any loans made under this section shall not reduce o affect any grants or other assistance under this Act. (Pub. L. 93 -288, title IV, § 417, formerly § 414(a), (b), May 22, 1974, 88 Stat. 157; renumt (a), (b), Pub. L. 100 -707, title 1, § 1061J), Nov. 23, 1988, 102 Stat. 4705.) (Pub. L. 106 -390, § 207, October 30, 2000, 114 Stat. 1571, amended § 417). COMMUNITY EMERGENCY DROUGHT RELIEF Pub. L. 95 -31, title I, May 23, 1977, 91 Slat. 169, provided: "That this Act be cited as the'i Emergency Drought Relief Act of 1977'. Sec. 101. a. Upon the application of any State, political subdivision of a State, Indian tribe, or p private nonprofit organization, the Secretary of Commerce is authorized to make g loans to applicants in drought impacted areas for projects that implement short-ter to augment community water supplies where there are severe problems due to wa shortages. Such assistance may be for the improvement, expansion, or constructi, supplies, and purchase and transportation of water, which in the opinion of the Se Commerce will make a substantial contribution to the relief of an existing or threat drought condition in a designated area. b. The Secretary of Commerce may designate any area in the United States as an el drought impact area if he or she finds that a major and continuing adverse drough exists and is expected to continue, and such condition is causing significant hards affected areas. c. Eligible applicants shall be those States or political subdivisions of States with a pi ten thousand or more. Indian tribes, or public or private nonprofit organizations wit designated pursuant to subsection (b) of this section. d. Projects assisted under this Act shall be only those with respect to which assuranc given to the satisfaction of the Secretary of Commerce that the work can be comp) April 30, 1978, or within such extended time as the Secretary may approve in exce circumstances. Sec. 102. Grants hereunder shall be in an amount not to exceed 50 per centum of allowal costs. Loans shall be for a term not to exceed 40 years at a per annum interest rate of 5 p and shall be on such terms and conditions as the Secretary of Commerce shall determine determining the amount of a grant assistance for any project, the Secretary of Commerce into consideration such factors as are established by regulation and are consistent with th of this Act. Sec. 103. In extending assistance under this Act the Secretary shall take into consideratic relative needs of applicant areas for the projects for which assistance is requested, and th appropriateness of the project forrelieving the conditions intended to be alleviated by this. http: / /www.fema.gov /library/stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 43 of 62 Sec. 104. The Secretary of Commerce shall have such powers and authorities under this vested in the Secretary by sections 701 and 708 of the Public Works and Economic Deve Act of 1965, as amended [sections 3211 and 3218 of this title], with respect to that Act [se at seq. of this title]. Sec. 105. The National Environmental Protection Act of 1969, as amended [section 4321 this title], shall be implemented to the fullest extent consistent with but subject to the time imposed by this Act, and the Secretary of Commerce when making the final determinatior an application for assistance hereunder shall give consideration to the environmental con: determined within that period. Sec. 106. a. There is hereby authorized to be appropriated for the fiscal year ending Septembe $225,000,000 of which sum $150,000,000 is to be for the loan program herein, inc administration thereof, and $75,000,000 of which is to be used for the grant progrr including administration thereof, and such additional amounts for the fiscal yearer September 30, 1978, as may be reasonably needed for administrative expenses it monitoring and closing out the program authorized by the Act. Funds authorized b shall be obligated by December 31, 1977. b. Funds available to the Secretary for this Act shall be available for expenditure for c impact projects conducted heretofore by eligible applicants during fiscal year 1977 projects are found to be compatible with the broad purposes of this Act." § 5185. Emergency communications (Sec. 418) The President is authorized during, or in anticipation of an emergency or major disaster tc temporary communications systems and to make such communications available to State government officials and other persons as he deems appropriate. (Pub. L. 93 -288, title IV, § 418, formerly § 415, May 22, 1974, 88 Stat. 158; renumbered § L. 100 -707, title 1, § 106U), Nov. 23, 1988, 102 Stat. 4705.) § 5186. Emergency public transportation (Sec. 419) The President is authorized to provide temporary public transportation service in an area a major disaster to meet emergency needs and to provide transportation to governmental supply centers, stores, post offices, schools, major employment centers, and such other F may be necessary in order to enable the community to resume its normal pattern of life a: possible. (Pub. L. 93 -288, title IV, § 419, formerly § 416, May 22, 1974, 88 Stat. 158; renumbered § L. 100 -707, title 1, § 1066), Nov. 23, 1988, 102 Stat. 4705.) Note to users: Section 303 of the Disaster Mitigation Act of 2000, amended §420, Fire Ma Assistance, which takes effect on October 30, 2001. Until FEMA publishes new implemen regulations, §420, Fire Suppression Grants, remains in effect. FEMA expects to publish implementing regulations for § 420 before October 30, 2001. § 5187. Fire suppression grants (Sec. 420) http: / /www.fema.gov /library/stafact.shtm 4/5/2004 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 44 of 62 The President is authorized to provide assistance, including grants, equipment, supplies, personnel, to any State for the suppression of any fire on publicly or privately owned fores grassland which threatens such destruction as would constitute a major disaster. t '.0. L. 93 -288, title IV, § 420, formerly § 417, May 22, 1974, 88 Stat. 158, renumbered § L. 100 -707, title 1, § 1066), Nov. 23, 1988, 102 Stat. 4705.) [NEW Section 420] § 5187. FIRE MANAGEMENT ASSISTANCE. (Sec. 420) a. In General.- -The President is authorized to provide assistance, including grants, e supplies, and personnel, to any State or local government for the mitigation, mana and control of any fire on public or private forest land or grassland that threatens s destruction as would constitute a major disaster. b. Coordination With State and Tribal Departments of Forestry. - -In providing assistar this section, the President shall coordinate with State and tribal departments of for c. Essential Assistance. - -In providing assistance under this section, the President m; authority provided under section 403. d. Rules and Regulations.--The President shall prescribe such rules and regulations necessary to carry out this section. (Pub. L. 106 -390, § 303(a), October 30, 2000, 114 Stat. 1572) I r § 5188. Timber sale contracts (Sec. 421) a. Cost - sharing arrangement Where an existing timber sale contract between the Secretary of Agriculture or the of the Interior and a timber purchaser does not provide relief from major physical c due to negligence of the purchaser prior to approval of construction of any section specified road or of any other specified development facility and, as a result of a n disaster, a major physical change results in additional construction work in connec such road or facility by such purchaser with an estimated cost, as determined by ll appropriate Secretary, (1) of more than $1,000 for sales under one million board fr more than $1 per thousand board feet for sales of one to three million board feet, more than $3,000 for sales over three million board feet, such increased construct shall be borne by the United States. i b. Cancellation of authority i If the appropriate Secretary determines that damages are so great that restoration reconstruction, or construction is not practical under the cost - sharing arrangement by subsection (a) of this section, he may allow cancellation of a contract entered it Department notwithstanding contrary provisions therein. c. Public notice of sale The Secretary of Agriculture is authorized to reduce to seven days the minimum p advance public notice required by the first section of the Act of June 4, 1897 (16 U in connection with the sale of timber from national forests, whenever the Secretary determines that (1) the sale of such timber will assist in the construction of any are State damaged by a major disaster, (2) the sale of such timber will assist in sustaii economy of such area, or (3) the sale of such timber is necessary to salvage the v timber damaged in such major disaster or to protect undamaged timber. http: / /www.fema.gov /library/stafact.shtm 4/5/2004 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 45 of 62 d. State grants for removal of damaged timber; reimbursement of expenses limited t( value of removed timber. The President, when he determines it to be in the public interest, is authorized to r to any State or local government for the purpose of removing from privately owner timber damaged as a result of a major disaster, and such Stale or local governmei authorized upon application, to make payments out of such grants to any person f reimbursement of expenses actually incurred by such person in the removal of dial timber, not to exceed the amount that such expenses exceed the salvage value of timber. (Pub. L. 93 -288, title IV, § 421, formerly § 418, May 22, 1974, 88 Stat. 158, renumbered § L. 100 -707, title I, § 1066), Nov. 23, 1988, 102 Stat. 4705.) § 5189. Simplified procedure (Sec. 422) If the Federal estimate of the cost of -- 1. repairing, restoring, reconstructing, or replacing under section 406 [42 U.S.C. § 51 damaged or destroyed public facility or private nonprofit facility, 2. emergency assistance under section 403 or 502 [42 U.S.C. § 5170b or 5192], or 3. debris removed under section 407 [42 U.S.C. § 5173], is less than $35,000, the President (on application of the State or local government or the operator of the private nonprofit facility) may make the contribution to such Stale or local (, or owner or operator under section 403, 406, 407, or 502 [42 U.S.C. § 5170b, 5172, 5173 as the case may be, on the basis of such Federal estimate. Such $35,000 amount shall b annually to reflect changes in the Consumer Price Index for All Urban Consumers publish Department of Labor. (Pub. L. 93 -288, title IV, § 422, as added Pub. L. 100 -707, title 1, § 106(k), Nov. 23, 1988, 4705.) § 5189a. APPEALS OF ASSISTANCE DECISIONS (Sec. 423) a. Right of appeal Any decision regarding eligibility for, from, or amount of assistance under this title §§ 5170 et seq.] may be appealed within 60 days after the date on which the appli such assistance is notified of the award or denial of award of such assistance. b. Period for decision A decision regarding an appeal under subsection (a) shall be rendered within 90 d the date on which the Federal official designated to administer such appeals recei of such appeal. c. Rules The President shall issue rules which provide for the fair and impartial considerati( appeals under this section. (Pub. L. 93 -288, title IV, § 423, as added Pub. L. 100 -707, title I, § 106(1), Nov. 23, 1988, 4705.) http: / /www.fema.gov /library/stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 46 of 62 § 5189B. DATE OF ELIGIBILITY; EXPENSES INCURRED BEFORE DATE OF DISASTE 424) Eligibility for Federal assistance under this subchapter shall begin on the date of the occu the event which results in a declaration by the President that a major disaster exists; exce reasonable expenses which are incurred in anticipation of and immediately preceding suc may be eligible for Federal assistance under this Act. (Pub. L. 93 -288, title IV, § 424, as added Pub. L. 100 -707, title I, § 106(l), Nov. 23, 1988, 4706.) SUBCHAPTER IV -A -- EMERGENCY ASSISTANCE PROGRAMS § 5191. PROCEDURE FOR DECLARATION (Sec. 501) a. Request and declaration All requests for a declaration by the President that an emergency exists shall be rr Governor of the affected State. Such a request shall be based on a finding that IN is of such severity and magnitude that effective response is beyond the capabilitie State and the affected local governments and that Federal assistance is necessar of such request, and as a prerequisite to assistance under this Act, the shall take appropriate action under State law and direct execution of the State's er plan. The Governor shall furnish information describing the State and local efforts resources which have been or will be used to alleviate the emergency, and will del type and extent of Federal aid required. Based upon such Governor's request, the may declare that an emergency exists. b. Certain emergencies involving Federal primary responsibility The President may exercise any authority vested in him by section 502 or section U.S.C. § 5192 or § 51931 with respect to an emergency when he determines that emergency exists for which the primary responsibility for response rests with the U States because the emergency involves a subject area for which, under the Const laws of the United States, the United States exercises exclusive or preeminent res and authority. In determining whether or not such an emergency exists, the Presid consult the Governor of any affected State, if practicable. The President's determii be made without regard to subsection (a). (Pub. L. 93 -288, title V, § 501, as added Pub. L. 100 -707, title 1, § 107(a), Nov. 23, 1988, 4706.) § 5192. Federal emergency assistance (Sec. 502) a. Specified In any emergency, the President may -- 1. direct any Federal agency, with or without reimbursement, to utilize its autt the resources granted to it under Federal law (including personnel, equipm http: / /www.fema.gov /library/stafact.shtm 4/5/2004 ..: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 47 of 62 supplies, facilities, and managerial, technical and advisory services) in sup State and local emergency assistance efforts to save lives, protect propert, public health and safety, and lessen or avert the threat of a catastrophe; 2. coordinate all disaster relief assistance (including voluntary assistance) pr( Federal agencies, private organizations, and State and local governments; 3. provide technical and advisory assistance to affected State and local govei for -- A. the performance of essential community services; B. issuance of warnings of risks or hazards; C. public health and safety information, including dissemination of suc information; D. provision of health and safety measures; and E. management, control, and reduction of immediate threats to public safety; 4. provide emergency assistance through Federal agencies; 5. remove debris in accordance with the terms and conditions of section 407 § 5173]; 6. provide assistance in accordance with section 408 [42 U.S.C. § 5174]; and 106 -390, § 206(b), October 30, 2000)] 7. assist State and local governments in the distribution of medicine, food, an consumable supplies, and emergency assistance. b. General Whenever the Federal assistance provided under subsection (a) with respect to al emergency is inadequate, the President may also provide assistance with respect save lives, protect property and public health and safety, and lessen or avert the tl catastrophe. (Pub. L. 93 -288, title V, § 502, as added Pub. L. 100 -707, title 1, § 107(a), Nov. 23, 1988, 4706.) § 5193. Amount of assistance (Sec. 503) a. Federal share The Federal share for assistance provided under this title [42 U.S.C. §§ 5191 et s( equal to not less than 75 percent of the eligible costs. b. Limit on amount of assistance 1. In general Except as provided in paragraph (2), total assistance provided under this ti U.S.C. §§ 5191 et seq.] for a single emergency shall not exceed $5,000,OC 2. Additional assistance The limitation described in paragraph (1) may be exceeded when the Presi determines that -- A. continued emergency assistance is immediately required; B. there is a continuing and immediate risk to lives, property, public he safety; and C. necessary assistance will not otherwise be provided on a timely ba! http: / /www.fema.gov /library/stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 48 of 62 3. Report Whenever the limitation described in paragraph (1) is exceeded, the Presic report to the Congress on the nature and extent of emergency assistance requirements and shall propose additional legislation if necessary. (Pub. L. 93 -288, title V, § 503, as added Pub. L. 100 -707, title 1, § 107(a), Nov. 23, 1988, 4707.) SUBCHAPTER VI - -- EMERGENCY PREPAREDNESS [Added by October 5, 1994 , Pub. L. 103 -337, Title VI] Sec. 601. Declaration of policy. 602. Definitions. 603. Administration of subchapter. Powers and Duties 611. Detailed functions of administration 612. Mutual aid pacts between States and neighboring countries 613. Contributions for personnel and administrative expenses 614. Requirement for State matching funds for construction of emergency operating cente 615. Use of funds to prepare for and respond to hazards General Provisions 621. Administrative authority 622. Security regulations 623. Use of existing facilities. 624. Annual report to Congress. 625. Applicability of subchapter. 626. Authorization of appropriations and transfers of funds. 627. Relations to Atomic Energy Act of 1954. 628. Federal Bureau of Investigation. 3412. Repeal of Federal Civil Defense Act of 1950. TITLE 1 -- GENERAL PROVISIONS § 601. DECLARATION OF POLICY (42 U.S.C. 5195). The purpose of this Act is to provide a system of emergency preparedness for the protecti and property in the United States from hazards and to vest responsibility for emergency preparedness jointly in the Federal Government and the several States and their political subdivisions. The Congress recognizes that the organizational structure established jointl, Federal Government and the several States and their political subdivisions for emergency preparedness purposes can be effectively utilized to provide relief and assistance to peop of the United States struck by a hazard. The Federal Government shall provide necessary coordination, and guidance and shall provide necessary assistance as authorized in this F a comprehensive emergency preparedness system exists for all hazards. § 602. DEFINITIONS (42 U.S.C. 5195a). http: / /www.fema.gov /library/stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 49 of 62 a. Definitions. For the purposes of this subchapter only -- 1. Hazard. - -The term 'hazard' means an emergency or disaster resulting from 1. a natural disaster; or 2. an accidental or man - caused event. 2. Natural disaster.- -The term "natural disaster' means any hurricane, tornad flood, high water, wind - driven water, tidal wave, tsunami, earthquake, volca eruption, landslide, mudslide, snowstorm, drought, fire, or other catastroph part of the United States which causes, or which may cause, substantial d: injury to civilian property or persons. 3. Emergency preparedness. The term 'emergency preparedness' means all activities and measures designed or undertaken to minimize the effects of upon the civilian population, to deal with the immediate emergency conditi( would be created by the hazard, and to effectuate emergency repairs to, of emergency restoration of, vital utilities and facilities destroyed or damaged hazard. Such term includes the following: A. Measures to be undertaken in preparation for anticipated hazards ( the establishment of appropriate organizations, operational plans, e supporting agreements, the recruitment and training of personnel, t of research, the procurement and stockpiling of necessary material supplies, the provision of suitable warning systems, the constructio preparation of shelters, shelter areas, and control centers, and, wht appropriate, the nonmilitary evacuation of civil population). B. Measures to be undertaken during a hazard (including the enforcer passive defense regulations prescribed by duly established military authorities, the evacuation of personnel to shelter areas, the contra and panic, and the control and use of lighting and civil communicat C. Measures to be undertaken following a hazard (including activities I fighting, rescue, emergency medical, health and sanitation service: monitoring for specific dangers of special weapons, unexploded bo reconnaissance, essential debris clearance, emergency welfare me and immediately essential emergency repair or restoration of dama facilities). 4. Organizational equipment. - -The term "organizational equipment" means e( determined by the Director to be (1) necessary to a organization, as distinc from personal equipment, and (2) of such a type or nature as to require it G financed in whole or in part by the Federal Government. It shall not be con: include those items which the local community normally utilizes in combatil disasters except when required in unusual quantities dictated by the requir the emergency preparedness plans. 5. Materials. - -The word "materials" shall include raw materials, supplies, med equipment, component parts and technical information and processes neo emergency preparedness. 6. Facilities. - -The term "facilities ", except as otherwise provided in this subcN include buildings, shelters, utilities, and land. 7. Director. The term 'Director means the Director of the Federal Emergency Management Agency. 8. Neighboring countries. The term 'neighboring countries' includes Canada 9. United States and States. - -The terms 'United States' and 'States' includes' States, the District of Columbia, and territories and possessions of the Unit 10. State. - -The term 'State' includes interstate emergency preparedness authe established under section 611(h). b. Cross Reference - -The terms'national defense' and 'defense,' as used in the Defe Production Act of 1950 (50 U.S.C. App. 2061 et seq.), includes emergency prepan activities conducted pursuant to this title. http: / /www.fema.gov /library/stafact.shtm 4/5/2004 .: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 50 of 62 §603. ADMINISTRATION OF SUBCHAPTER (42 U.S.C. 5195b). This subchapter shall be carried out by the Director of the Federal Emergency Manageme POWERS AND DUTIES §611. DETAILED FUNCTIONS OF ADMINISTRATION. (42 U.S.C. 5196). a. In General.--In order to carry out the policy described in section 601, the Director the authorities provided in this section. b. Federal Emergency Response Plans and Programs. - -The Director may prepare F response plans and programs for the emergency preparedness of the United State sponsor and direct such plans and programs. To prepare such plans and program coordinate such plans and programs with State efforts, the Director may request s on State plans and operations for emergency preparedness as may be necessary President, the Congress and the several States advised of the status of emergent preparedness in the United States; c. Delegation of emergency preparedness responsibilities. - -With the approval of the the Director may delegate to the several departments and agencies of the Federal Government appropriate emergency preparedness responsibilities, and review an coordinate the emergency preparedness activities of the departments and agencie each other and with the activities of the States and neighboring countries. d. Communications and warnings. - -The Director may make appropriate provision for communications and for dissemination of warnings to the civilian population of an natural disaster; e. Emergency preparedness measures. - -The Director may study and develop emerg preparedness measures designed to afford adequate protection of life and properl including, 1. research and studies as to the best methods of treating the effects of haza 2. developing shelter designs and materials for protective covering or constru 3. developing equipment or facilities and effecting the standardization thereof emergency preparedness requirements; f. Training programs. -- 1. The Director may -- A. conduct or arrange, by contract or otherwise, for training programs instruction of emergency preparedness officials and other persons organization, operation, and techniques of emergency preparedne: B. conduct or operate schools or classes, including the payment of tra expenses, in accordance with subchapter I of chapter 57 of title 5, 1 States Code, and the Standardized Government Travel Regulation: diem allowances, in lieu of subsistence for trainees in attendance e furnishing of subsistence and quarters for trainees and instructors c prescribed by the Director; and C. provide instructors and training aids as deemed necessary: 2. The terms prescribed by the Director for the payment of travel expenses at allowances authorized by this subsection shall include a provision that suc shall not exceed one -half of the total cost of such expenses: http: / /www.fema.gov /library/stafact.shtm 4/5/2004 .: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 51 of 62 3. The Director may lease real property required for the purpose of carrying o subsection, but may not acquire fee title to property unless specifically autl law; g. Public dissemination of emergency preparedness information. - -The Director may I disseminate appropriate emergency preparedness information by all appropriate n h. Interstate emergency preparedness compacts.-- 1. The Director may -- A. assist and encourage the States to negotiate and enter into interstE emergency preparedness compacts; B. review the terms and conditions of such proposed compacts in ordr to the extent feasible in obtaining uniformity therein and consistenc national emergency preparedness plans and programs; C. assist and coordinate the activities under such compacts; D. aid and assist in encouraging reciprocal emergency preparedness by the States which will permit the furnishing of mutual aid for emer preparedness purposes in the event of hazard which cannot be ade met or controlled by a State or political subdivision thereof threaten experiencing a hazard. 2. A copy of each emergency preparedness compact shall be transmitted pro the Senate and the House of Representatives. The consent of the Congre! deemed to be granted to each such compact upon the expiration of the 60 beginning on the date on which the compact is transmitted to Congress. 3. Nothing in this subsection shall be construed as preventing Congress from disapproving or withdrawing at any time its consent to any interstate emerc preparedness compact; I. Materials and facilities.- - 1. The Director may procure by condemnation or otherwise, construct, lease, store, maintain, renovate or distribute materials and facilities for emergenc preparedness, with the right to take immediate possession thereof. 2. Facilities acquired by purchase, donation, or other means of transfer may I occupied, used, and improved for the purposes of this Act subchapter [sec to 2303 of this Appendix], prior to the approval of title by the Attorney Gene required by section 355 of the Revised Statutes, as amended (40 U.S.C. 2 3. The Director may lease real property required for the purpose of carrying o provisions of this subsection, but shall not acquire fee title to property unle: specifically authorized by law. 4. The Director may procure and maintain under this subsection radiological, bacteriological, and biological agent monitoring and decontamination devic distribute such devices by loan or grant to the States for emergency prepai purposes, under such terms and conditions as the Director shall prescribe. j. Financial contributions. -- The Director may make financial contributions, on the basis of programs of approved by the Director, to the States for emergency preparedness purpc including the, procurement, construction, leasing, or renovating of material facilities. Such contributions shall be made on such terms or conditions as Director shall prescribe, including, but not limited to, the method of purchat quantity, quality, or specifications of the materials or facilities, and such ott or care or treatment to assure the uniformity, availability, and good conditic materials or facilities. 2. No contributions shall be made for the procurement of land or for the purcl personal equipment for State or local emergency preparedness workers. 3. The amounts authorized to be contributed by the Director to each State for organizational equipment shall be equally matched by such Slate from any determines is consistent with its laws. ' http: / /www.fema.gov /library/stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 52 of 62 4. Financial contributions to the States for shelters and other protective faciliti determined by taking the amount of funds appropriated or available to the I such facilities in each fiscal year and apportioning same among the States which the urban population of the critical target areas (as determined by th in each State, at the time of the determination, bears to the total urban pop the critical target areas of all of the States. 5. The amounts authorized to be contributed by the Director to each State for shelters and protective facilities shall be equally matched by such State fro source it determines is consistent with its laws and, if not matched within a reasonable time, the Director may reallocate such amounts to other States formula described in paragraph (4). The value of any land contributed by a political subdivision thereof shall be excluded from the computation of the under this subsection. 6. The amounts paid to any State under this subsection shall be expended sc carrying out the purposes set forth herein and in accordance with State err, preparedness programs or projects approved by the Director. The Director no contribution toward the cost of any program or project for the procurem( construction, or leasing of any facility which (A) is intended for use, in whol for any purpose other than emergency preparedness and (B) is of such kin completion it will, in the judgment of the Director, be capable of producing : revenue to provide reasonable assurance of the retirement or repayment o except that (subject to the preceding provisions of this subsection) the Dire make a contribution to any State toward that portion of the cost of the cons reconstruction, or enlargement of any facility which the Director determine: directly attributable to the incorporation in such facility of any feature of cor or design not necessary for the principal intended purpose thereof but whit judgment of the Director, necessary for the use of such facility for emerger preparedness purposes. 7. The Director shall submit to Congress a report, at least annually, regarding contributions made pursuant to this subsection. 8. All laborers and mechanics employed by contractors or subcontractors in t performance of construction work financed with the assistance of any conti Federal funds made by the Director under the provisions of this section shy wages at rates not less than those prevailing on similar construction in the determined by the Secretary of Labor in accordance with the Act of March (commonly known as the Davis -Bacon Act, (40 U.S.C. 276a- 276a -5), and e employee shall receive compensation at a rate not less than one and one -I his basic rate of pay for all hours worked in any workweek in excess of eigl any workday or forty hours in the workweek, as the case may be. The Direi make no contribution of Federal funds without first obtaining adequate asst these labor standards will be maintained upon the construction work. The Labor shall have, with respect to the labor standards specified in this provi: authority and functions set forth in Reorganization Plan Numbered 14 of 1 f U.S.C. App.) and section 2 of the Act of June 13, 1934, (40 U.S.C. 276(c)). k. Sale or disposal of certain materials and facilities. - -The Director may arrange for ti disposal of materials and facilities found by the Director to be unnecessary or unsi emergency preparedness purposes in the same manner as provided for excess pr the Federal Property and Administrative Services Act of 1949, (40 U.S.C. 471 at s funds received as proceeds from the sale or other disposition of such materials an shall be deposited into the Treasury as miscellaneous receipts. Sec. 612. Mutual aid pacts between States and neighboring countries. (42 U.S.C. 51! The Director shall give all practicable assistance to States in arranging, through the Depa State, mutual emergency preparedness aid between the States and neighboring countrief http: / /www.f6ma.gov /library/stafact.shtm 4/5/2004 .: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 53 of 62 Sec. 613. Contributions for personnel and administrative expenses. (42 U.S.C. 51961 a. General authority. - -To further assist in carrying out the purposes of this subchapte Director may make financial contributions to the States (including interstate author established pursuant to section 611(h) for necessary and essential State and loca emergency management personnel and administrative expenses, on the basis of plans (which shall be consistent with the Federal emergency response plans for el preparedness) for the emergency preparedness of the States. The financial contril the States under this section shall not exceed one -half of the total cost of such ner essential State and local emergency preparedness personnel and administrative e b. Plan requirements.--A plan submitted under this section shall -- 1. provide, pursuant to State law, that the plan shall be in effect in all political subdivisions of the State and be mandatory on them, and be administered supervised by a single State agency; 2. provide that the Stale shall share the financial assistance with that provide Federal Government under this section from any source determined by it t< consistent with State law; 3. provide for the development of State and local emergency preparedness o plans, pursuant to standards approved by the Director, 4. provide for the employment of a full -time emergency preparedness director director, by the Stale; 5. provide that the Stale shall make such reports in such form and content as Director may require; and 6. make available to duly authorized representatives of the Director and the C General, books, records, and papers necessary to conduct audits for the p this section. c. Terms and conditions - -The Director shall establish such other terms and conditioi Director considers necessary and proper to carry out this section. d. Application of other provisions.--in carrying out this section, the provisions of secti and 612(h) shall apply. e. Allocation of funds. - -For each fiscal year concerned, the Director shall allocate to r in accordance with regulations and the total sum appropriated under this subchapl amounts to be made available to the States for the purposes of this section. Regul governing allocations to the States shall give due regard to (1) the criticality of the support areas and the areas which may be affected by natural disasters with respf development of the total emergency preparedness readiness of the Nation, (2) the state of development of emergency preparedness readiness of the State, (3) popu (4) such other factors as the Director shall prescribe. The Director may reallocate i of any allocation not utilized by a State in an approvable plan submitted hereunder paid to any Slate or political subdivision under this section shall be expended sole purposes set forth in this section. f. Submission of plan. - -If a State fails to submit a approvable plan for approval as re. this section within sixty days after the Director notifies the States of the allocations section, the Director may reallocate such funds, or portions thereof, among the ott in such amounts as, in the judgment of the Director will best assure the adequate development of the emergency preparedness capability of the Nation. g. Annual reports. - -The Director shall report annually to the Congress all contribution pursuant to this section. Sec. 614. Requirement for State matching funds for construction of emergency opei centers. (42 U.S.C. 5196c). http: / /www.fema.gov /library/stafact.shtm 4/5/2004 ...: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 54 of 62 Notwithstanding any other provision of this subchapter, funds appropriated to carry out thi subchapter may not be used for the purpose of constructing emergency operating centers facilities) in any State unless such State matches in an equal amount the amount made a such State under this subchapter for such purpose. Sec. 615. Use of funds to prepare for and respond to hazards. (42 U.S.C. 5196d). Funds made available to the States under this subchapter may be used by the States for purposes of preparing for, and providing emergency assistance in response to hazards. R prescribed to carry out this section shall authorize the use of emergency preparedness pe materials, and facilities supported in whole or in part through contributions under this sub( emergency preparedness activities and measures related to hazards. General Provisions Sec. 621. Administrative authority. (42 U.S.C. 5197). a. In General. For the purpose of carrying out the powers and duties to the Director u title, the Director may exercise the administrative authorities provided under this s( b. Advisory personnel. -- The Director may employ not more than one hundred such part-time or temporary personnel (including not to exceed twenty -five subjects of the United Kingdom and Dominion of Canada) as are deemed necessary in carrying out the provisions of tf 2. Persons holding other offices or positions under the United States for whit receive compensation, while serving as members of such committees, sha no additional compensation for such service. Other part-lime or temporary personnel so employed may serve without compensation or may receive compensation at a rate not to exceed $180 for each day of service, as dete the Director: c. Services of other agency personnel and volunteers. The Director may 1. use the services of Federal agencies and, with the consent of any State or government, accept and use the services of State and local civil agencies; 2. establish and use such regional and other offices as may be necessary; 3. use such voluntary and uncompensated services by individuals or organiz: may from time to time be needed.; d. Gifts. -- Notwithstanding any other provision of law, the Director may accept gifts of equipment, and facilities; and utilize use or distribute same for purposes in accord the provisions of this subchapter. e. Reimbursement. - -The Director may reimburse any Federal agency for any of its e) or for compensation of its personnel and use or consumption of its materials and f under this subchapter to the extent funds are available; f. Printing. - -The Director may purchase such printing, binding, and blank -book work commercial, or private printing establishments or binderies as the Director may de necessary upon orders placed by the Public Printer or upon waivers issued in acct with section 504 of title 44, United States Code. g. Rules and regulations. - -The Director may prescribe such rules and regulations as necessary and proper to carry out any of the provisions of this subchapter, and pe �[�L ... .. JJ. J: ..:J�J L..[L:.....L ♦L- .....L .... ...:IL �L.. ..:J ..[�... http: / /www.fema.gov /library/stafact.shtm 4/5/2004 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 55 of 62 m uie PUWUIi auu uuues Piuvweu uy uns suuteiepeei uuuuyn ui Willi uie aw ui sw of the Federal Emergency Management Agency as the Director may designate. h. Failure to expend contributions correctly. -- When, after reasonable notice and opp hearing to the State or other person involved, the Director finds that there is a failu expend funds in accordance with the regulations, terms, and conditions establishe this subchapter for approved emergency preparedness plans, programs, or projec Director may notify such Slate or person that further payments will not be made to or person from appropriations under this subchapter (or from funds otherwise avai the purposes of this subchapter for any approved plan, program, or project with re . which there is such failure to comply) until the Director is satisfied that there will n< any such failure. 2. Until so satisfied, the Director shall either withhold the payment of any final contribution to such Slate or person or limit payments to those programs o with respect to which there is substantial compliance with the regulations, I conditions governing plans, programs, or projects hereunder.: 3. As used in this subsection, the term 'person' means the political subdivisioi State or combination or group thereof or any person, corporation, associali other entity of any nature whatsoever, including instrumentalities of States political subdivisions. § 622. Security Regulations. (42 U.S.C. 5197a). a. Establishment. The Director shall establish such security requirements and safegt including restrictions with respect to access to information and property as the Din deems necessary. b. Limitation on Employee access to information.--No employee of the Federal Emer! Management Agency shall be permitted to have access to information or property respect to which access restrictions have been established under this section, unt have been determined that no information is contained in the files of the Federal E Investigation or any other investigative agency of the Government indicating that s employee is of questionable loyalty or reliability for security purposes, or if any suc information is so disclosed, until the Federal Bureau of Investigation shall have co full field investigation concerning such person and a report thereon shall have bee in writing by the Director. c. National Security Positions.--No employee of the Federal Emergency Managemen shall occupy any position determined by the Director to be of critical importance fn standpoint of national security until a full field investigation concerning such ample have been conducted by the Director of the Office of Personnel Management and thereon shall have been evaluated in writing by the Director of the Federal Emerge Management Agency. In the event such full field investigation by the Office of Per; Management develops any data reflecting that such applicant for a position of criti importance is of questionable loyalty or reliability for security purposes, or if the Di the Federal Emergency Management Agency for any other reason shall deem it tc advisable, such investigation shall be discontinued and a report thereon shall be n the Director of the Federal Emergency Management Agency for evaluation in writh Thereafter the Director of the Federal Emergency Management Agency may refer to the Federal Bureau of Investigation for the conduct of a full field investigation by Bureau. The result of such latter investigation by such Bureau shall be furnished t( Director of the Federal Emergency Management Agency for action. d. Employee Oaths.--Each Federal employee of the Federal Emergency Managemer except the subjects of the United Kingdom and the Dominion of Canada specified 621(b) of this subchapter shall execute the loyalty oath or appointment affidavits p by the Director of the Office of Personnel Management. Each person other than a employee who is appointed to serve in a State or local organization for shall befon upon his duties, take an oath in writing before a person authorized to administer o; oath shall be substantially as follows: do solemnly swear (or affirm) that I will support and d http: / /www.fema.gov /library /stafact.shtm 4/5/2004 .: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 56 of 62 UVI IOIIIUIIUII UI II IU U IILUU JCd ICS dga 11 IM GII U1 Iul I II CJ, IUI VlyII dl lU UUII mbtlu, uIdl I' true faith and allegiance to the same; that I take this obligation freely, without any i reservation or purpose of evasion; and that I will well and faithfully discharge the d which I am about to enter. "And I do further swear (or affirm) that I do not advocate a member or an affiliate of any organization, group, or combination of persons tha the overthrow of the Government of the United States by force or violence; and the such time as I am a member of the (name of emergency preparedness organizatic not advocate nor become a member or an affiliate of any organization, group, or c of persons that advocates the overthrow of the Government of the United States b violence." After appointment and qualification for office, the director of emergency preparedn State, and any subordinate emergency preparedness officer within such State des the director in writing, shall be qualified to administer any such oath within such St such regulations as the director shall prescribe. Any person who shall be found gu having falsely taken such oath shall be punished as provided in section 1621 of Ti United States Code . § 623. USE OF EXISTING FACILITIES (42 U.S.C. 5197b). In performing duties under this subchapter, the Director- 1. shall cooperate with the various departments and agencies of the Government; 2. shall use, to the maximum extent, the existing facilities and resources of the Fedel Government, and, with their consent, the facilities and resources of the States and political subdivisions thereof, and of other organizations and agencies; and 3. shall refrain from engaging in any form of activity which would duplicate or parallel any other Federal department or agency unless the Director, with the written appr( President, shall determine that such duplication is necessary to accomplish the pu this subchapter. § 624. ANNUAL REPORT TO CONGRESS (42 U.S.C. 5197c) The Director shall annually submit a written report to the President and Congress coverin( expenditures, contributions, work, and accomplishments of the Federal Emergency Mana! Agency, pursuant to this subchapter, accompanied by such recommendations as the Dire considers appropriate. § 625. APPLICABILITY OF SUBCHAPTER. (42 U.S.C. 5197d). The provisions of this subchapter shall be applicable to the United States, its States, Terri possessions, and the District of Columbia, and their political subdivisions. § 626. AUTHORIZATION OF APPROPRIATIONS AND TRANSFER OF FUNDS.(42 U.S. http: / /www.fema.gov /library/stafact.shtm 4/5/2004 ..: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 57 of 62 a. There are authorized to be appropriated such sums as may be necessary to carry provisions of this subchapter. b. Funds made available for the purposes of this subchapter maybe allocated or trar any of the purposes of this subchapter, with the approval of the Office of Managen Budget, to any agency or government corporation designated to assist in carrying subchapter. Each such allocation or transfer shall be reported in full detail to the C within thirty days after such allocation or transfer. § 627. Relations to Atomic Energy Act of 1954. (42 U.S.C. 5197f). Nothing in this subchapter shall be construed to amend or modify the provisions of the At( Energy Act of 1954 (42 U.S.C. 2011 et seq.) § 628. Federal Bureau of Investigation. (42 U.S.C. 5197g). Nothing in this subchapter shall be construed to authorize investigations of espionage, sa subversive ads by any persons other than personnel of the Federal Bureau of Investigati( SUBCHAPTER VII -- MISCELLANEOUS § 5201. Rules and regulations (Sec.701) 1. The President may prescribe such rules and regulations as may be neees( proper to carry out any of the provisions of this Act, and he may exercise a authority conferred on him by any section of this Act either directly or throu Federal agency or agencies as he may designate. 2. Deadline for payment of assistance. Rules and regulations authorized by p (1) shall provide that payment of any assistance under this Act to a State s completed within 60 days after the date of approval of such assistance. b. In furtherance of the purposes of this Act, the President or his delegate may accef bequests, gifts, or donations of service, money, or property, real, personal, or mix( or intangible. All sums received under this subsection shall be deposited in a sepa on the books of the Treasury and shall be available for expenditure upon the certif the President or his delegate. At the request of the President or his delegate, the the Treasury may invest and reinvest excess monies in the fund. Such investment in public debt securities with maturities suitable for the needs of the fund and shall interest at rates determined by the Secretary of the Treasury, taking into consider current market yields on outstanding marketable obligations of the United States c comparable maturities. The interest on such investments shall be credited to, and of, the fund. (Pub. L. 93 -288, title Vl, § 601, May 22, 1974, 88 Stat. 163; Pub. L. 96 -446, Oct, 13, 1980 1893; Pub. L. 100 -707, title 1, § 108(a), Nov. 23, 1988, 102 Stat. 4707.) http: / /www.fema.gov /library/stafact.shtm 4/5/2004 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 58 of 62 § 5202. REPEALED. Pub. L. 100 -707, title I, § 108(c), Nov. 23, 1988, 102 Stat. 4708 Section, Pub. L. 93 -288, title VI, § 606, May 22, 1974, 88 Stat. 164; Pub. L. 95-51, § 1, Ju 1977, 91 Stat. 233; Pub. L. 96 -568, § 2, Dec. 22, 1980, 94 Stat. 3334, authorized the apps of such sums as necessary to carry out this chapter through the close of Sept. 30, 1981. § 5203. EXCESS DISASTER ASSISTANCE PAYMENTS AS BUDGETARY EMERGENC REQUIREMENTS Beginning in fiscal year 1993, and in each year thereafter, notwithstanding any other prov all amounts appropriated for disaster assistance payments under the Robert T. Stafford D Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) that are in excess of either historical annual average obligation of $320,000,000, or the amount submitted in the Pres initial budget request, whichever is lower, shall be considered as "emergency requirement to section 901(b)(2)(D) of title 2, and such amounts shall hereafter be so designated. (Dec. 12, 1991, Pub. L. 102 -229, Title I, Ch. 11, 105 Stat. 1711.) [This section was enacted as part of the Dire Emergency Supplemental Appropriations an for Relief from the Effects of Natural Disaster, of Other Urgent Needs, and for Incrementai 'Operation Desert Shield/ Desert Storm' Act of 1992, and not as part of the Stafford Act]. >§ 5204. DEFINITIONS RELATING TO INSULAR AREAS DISASTER SURVIVAL AND RECOVERY. (Sec. 702) As used in this title -- 1. the term "insular area" means any of the following: American Samoa, the Federatf Micronesia, Guam, the Marshall Islands, the Northern Mariana Islands, the Trust 1 the Pacific Islands, and the Virgin Islands; 2. the term "disaster' means a declaration of a major disaster by the President after 1, 1989, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Eme Assistance Act (42 U.S.C. 5170); and 3. the term "Secretary" means the Secretary of the Interior. Source: Feb. 24, 1992, Pub. L. 102 -247, Title H, § 201, 106 Stat. 37. § 5204a. AUTHORIZATION OF APPROPRIATIONS FOR INSULAR AREAS DISASTER RECOVERY. (Sec. 703) There are hereby authorized to be appropriated to the Secretary such sums as may be ne 1. reconstruct essential public facilities damaged by disasters in the insular areas the hftp: / /www.fema.gov /library/stafact.shtm 4/5/2004 ..: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 59 of 62 PI IV[ w um Uale VI lnc cIIa4u uCnl VI illlJ YU.I, *I IV 2. enhance the survivability of essential public facilities in the event of disasters in th areas, except that with respect to the disaster declared by the President in the cas Hurricane Hugo, September 1989, amounts for any fiscal year shall not exceed 2° the estimated aggregate amount of grants to be made under sections 403 and 40( Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 such disaster. Such sums shall remain available until expended. Source: Feb. 24, 1992, Pub. L. 102 -247, Title ll, § 202, 106 Stat. 37. § 5204b. TECHNICAL ASSISTANCE FOR INSULAR AREAS DISASTER RECOVERY. { a. Upon the declaration by the President of a disaster in an insular area, the Presidei through the Director shall assess, in cooperation with the Secretary and chief exec such insular area, the capability of the insular government to respond to the disasl including the capability to assess damage; coordinate activities with Federal agen, particularly the Federal Emergency Management Agency; develop recovery plans, recommendations for enhancing the survivability of essential infrastructure; negoti manage reconstruction contracts; and prevent the misuse of funds. If the Presider the insular government lacks any of these or other capabilities essential to the reo then the President shall provide technical assistance to the insular area which the deems necessary for the recovery effort. b. One year following the declaration by the President of a disaster in an insular area Secretary, in consultation with the Director shall submit to the Senate Committee ( and Natural Resources and the House Committee on Interior and Insular Affairs a the status of the recovery effort, including an audit of Federal funds, expended in t effort and recommendations on how to improve public health and safety, survivabi infrastructure, recovery efforts, and effective use of funds in the event of future dis Source: Feb. 24, 1992, Pub. L. 102 -247, Title ll, § 203, 106 Stat. 37. § 5204c. LIMITATION ON AMOUNT OF CONTRIBUTIONS FOR HAZARD MITIGATION; MATCH. The total of contributions under the last sentence of section 404 of The Robert T. Stafford Relief and Emergency Assistance Act (42 U.S.C. 5170c) for the insular areas shall not ex, percent of the estimated aggregate amounts of grants to be made under sections 403, 40 408, and 411 of such Act [42 U.S.C. 5170c, 5172, 5173, 5174, 5178] for any disaster: Pro the President shall require a 50 percent local match for assistance in excess of 10 percen estimated aggregate amount of grants to be made under section 406 of such Act for any ( Source: Feb. 24, 1992, Pub. L. 102- 247,'Title II, § 204, 106 Stat. 38. (Note: Sections 5204, 5204a, 5204b, and 5204c were enacted as part of the Omnibus Ins Act of 1992 and not as part of the Stafford Act]. § 5205. DISASTER GRANT CLOSEOUT PROCEDURES. (Sec. 705] http: / /www.fema.gov /library/stafact.shtm 4/5/2004 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 60 of 62 a. otatute or umaanons.- 1. In general. -- Except as provided in paragraph (2), no administrative action t any payment made to a State or local government for disaster or emergen, assistance under this Act shall be initiated in any forum after the date that i after the date of transmission of the final expenditure report for the disaster emergency. 2. Fraud exception. - -The limitation under paragraph (1) apply unless there is civil or criminal fraud. b. Rebuttal of Presumption of Record Maintenance.- 1, In general. - -In any dispute arising under this section after the date that is 3 the date of transmission of the final expenditure report for the disaster or e there shall be a presumption that accounting records were maintained that identify the source and application of funds provided for financially assiste( 2. Affirmative evidence. - -The presumption described in paragraph (1) may be only on production of affirmative evidence that the State or local governme maintain documentation described in that paragraph. 3. Inability to produce documentation. - -The inability of the Federal, State, or l government to produce source documentation supporting expenditure rep( than 3 years after the date of transmission of the final expenditure report sl constitute evidence to rebut the presumption described in paragraph (1). 4. Right of access. - -The period during which the Federal, State, or local gove the right to access source documentation shall not be limited to the require retention period referred to in paragraph (3), but shall last as long as the re maintained. c. Binding Nature of Grant Requirements.--A State or local government shall not be I reimbursement or any other penalty any payment made under this Act if- 1. the payment was authorized by an approved agreement specifying the cos 2. the costs were reasonable; and 3. the purpose of the grant was accomplished. (Section 304, Disaster Mitigation Act of 2000, Pub. L. 106 -390, October 30, 2000, 114 Sta; § 5206. BUY AMERICAN. [Sec. 306.] a. Compliance With Buy American Act. - -No funds authorized to be appropriated und, or any amendment made by this Act may be expended by an entity unless the enti expending the funds, complies with the Buy American Act (41 U.S.C. 10a et seq.). b. Debarment of Persons Convicted of Fraudulent Use of "Made in America" Labels.- 1. In general. - -If the Director of the Federal Emergency Management Agency determines that a person has been convicted of intentionally affixing a Labe "Made in America" inscription to any product sold in or shipped to the Unite that is not made in America, the Director shall determine, not later than 90 determining that the person has been so convicted, whether the person sh debarred from contracting under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et sec.). 2. Definition of debar. - -In this subsection, the term "debar" has the meaning c term in section 2393(c) of title 10, United States Code. (Section 306, Disaster Mitigation Act of 2000, P.L. 106 -390, 114 Stat. 1574). §§ 5207 to 5300. Reserved. http: / /www.fema.gov /library/stafact.shtm 4/5/2004 .: Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 61 of 62 [NOTE: The following sections 305 and 307, enacted in Pub. L. 106 -390, are not part of tt Act] [The following section, enacted as § 305 of Pub. L. 106 -390, is part of the Omnibus Crime and Safe Streets Act of 1968 (42 U. S.C. 3796b), and is not part of the Stafford Act] SEC. 305. PUBLIC SAFETY OFFICER BENEFITS FOR CERTAIN FEDERAL AND STATI EMPLOYEES. a. In General. -- Section 1204 of the Omnibus Crime Control and Safe Streets Act of 1 U.S.C. 3796b) is amended by striking paragraph (7) and inserting the following: 7. 'public safety officer' means -- A. an individual serving a public agency in an official capacity, with or compensation, as a law enforcement officer, as a firefighter, or as of a rescue squad or ambulance crew; B. an employee of the Federal Emergency Management Agency who performing official duties of the Agency in an area, if those official c i. are related to a major disaster or emergency that has been, declared to exist with respect to the area under the Robert 1 Disaster Relief and Emergency Assistance Act (42 U.S.C. 5 seq.); and ii. are determined by the Director of the Federal Emergency M Agency to be hazardous duties; or C. an employee of a State, local, or tribal emergency management or defense agency who is performing official duties in cooperation will Federal Emergency Management Agency in an area, if those officiz L are related to a major disaster or emergency that has been, declared to exist with respect to the area under the Robert l Disaster Relief and Emergency Assistance Act (42 U.S.C. E seq.); and ii. are determined by the head of the agency to be hazardous Effective Date.--The amendment made by subsection (a) al: to employees described in subparagraphs (B) and (C) of se (7) of the Omnibus Crime Control and Safe Streets Act of 1! amended by subsection (a)) who are injured or who die in It duty on or after the date of enactment of this Act. ]NOTE: U.S. Code codifiers have not codified the following section] SEC. 307. TREATMENT OF CERTAIN REAL PROPERTY. a. (a) In General. -- Notwithstanding the National Flood Insurance Act of 1968 (42 U.S seq.), the Flood Disaster Protection Act of 1973 (42 U.S.C. 4002 et sec.), or any o provision of law, or any flood risk zone identified, delineated, or established under law (by flood insurance rate map or otherwise), the real property described in sub: shall not be considered to be, or to have been, located in any area having special hazards (including any floodway or floodplain). b. Real Property. - -The real property described in this subsection is all land and imprc on the land located in the Maple Terrace Subdivisions in the city of Sycamore, Del County, Illinois, including- - 1. Maple Terrace Phase I; http: / /www.fema.gov /library /stafact.shtm 4/5/2004 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Publi Page 62 of 62 2. Maple Terrace Phase ll; 3. Maple Terrace Phase III Unit 1; 4. Maple Terrace Phase III Unit 2; 5. Maple Terrace Phase III Unit 3; 6. Maple Terrace Phase IV Unit 1; 7. Maple Terrace Phase IV Unit 2; and 8. Maple Terrace Phase IV Unit 3. c. Revision of Flood Insurance Rate Lot Maps. - -As soon as practicable after the date enactment of this Act, the Director of the Federal Emergency Management Agenc, revise the appropriate flood insurance rate lot maps of the agency to reflect the tre under subsection (a) of the real property described in subsection (b). 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