stat. 1 public lab 93-288-may 22, - hsdl

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!$* 88 STAT. 1 PUBLIC LAB 93-288-MAY 22, 1974

ic Law 93-287 A N ACT way 21 . 1974

uthorize the Secretary of State or such o ~ c e r a s he may designate to con- .s. 33041

nde :In agreement nit11 the People'c; Republlc of C h h l for indemnification for v lo..> or darnage to ol~jects in the "Exhibition of the Archeological Finds of e I1eople s Republic of China" nhile in the possession of the Gorernment of r rni t r t l States.

e it enacted by the Senate und Eouse of Rep~esentatives of the uteri h'tictes of il?tbe/ ica it^ Co~cgt*eas ixase~nblerl, That the Secretary Euhlbltion of

f State or such officer as he inag designate is authorized to corlclucle an ~ h L ~ ~ $ c t ~ g l c a l

elnent with the C;orernment of the I'eople's Republic of chin:^ for People's Repub-

~mification of such Gorernment, in accorclance yi th tlie terms of ll;,"d,~~:;~a,l,n ~ g r e w ~ e n t , for any loss or danlage suffcrrcl by objects in the eshi- a,,,,,,,t.

on of the archeological finds of the People's Republic of China 111 t l ~ e time such objects are handed OT-er in Toronto, Canada, to a rcsentative of tlie Government of tllc United States to the time they liandecl over in Peking, China, to a representative of the Govern-

nt of the People's Republic of China. .lpproved May 21, 1974.

ublic Law 93-288 AN A C T May 22, 1974

Entitled the "Disaster Relief Ac:: Amendments of 1974" [S. 30621

'c it enacted by the R ~ n a t e arid House of Bept*~sentatir*es of the ited States of Anzeroico it^ C O I I ~ I Y J Y R a~wmbJed. That this Act may Disaster Relief

cited as the "1)isaster &lief a c t of 1974". A C ~ of 1974. 42 USC 5121

note.

TI'I'LE I-FINDINGS, T>ECL\RATIOrU'S, AND DEFISITIONS

FIISIJISGS -2SD L)ECLIR.YI'IOSS

EV. 101. ( a ) The Congress hercby finds and cleclares that- 4 2 USC 5121.

(1) because disasters often cnnse loss of life, hurnttn suffering, loss of income. and property loss and clanlage: and

( 2 ) because disasters often disrnpt the norn~al fnnctioning of ts and comm~ulities, and adversely affect individuals

ies with great severity; i, clesiped to assist the efforts of the affected States

pecliting the renclerins of aid. assistance. and emergei1c-y serrices, the reconstruction nncl rehabilitation of clevastated areas, are

intent of the Congress, by this Act, to provide an ntinuing nleans of assistance bv the Federal GOT-ern- nc1 local porernments in currying out their responsibil-

to alleviate the suffering and clamage which result from such

144 PUBLIC LAW 93-288-\,IAY 22, 1974 [88 STAT.

42 USC 5122.

(1) revising ancl broadening the scope of existing di3aster relief programs :

( 2 ) encouraging the development of coniprrhensi~e clisaster pl-epareclness and assistance plans, programs, capabilities. and orpaiiizations by the States and by local governments;

(3) achieving greater coorclination ancl respoiisiveness of disaster preparedness and relief programs ; (1) erxouraging individnals, States, and local governments to

protect themselves bj. obtaining insurance coverage to snpple- ment or replace governmental assistance ;

(5) encouraging hazard mitigintion measures to reduce losses from clisasters, inclucling clevelopnlent of land use and construction regulntions ;

(6) providing Federal assistance programs for both public and private losses sustained in disasters ; and

(7) provicling a long-range economic recovery program for major disaster areas.

DEFINITIONS

SEC. 102. AS used in this Act- (1) " E m e ~ e n c ~ " means an^ hurricane, tornado, storm, flood. high

water. wind-driven IT-ater, tidal wave. tsunami, earthquake, volcanic eruption. landslide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe in any part of the United States which requires Federal emergency assistance to supplement State and local efforts to save lives and protect property. public health and safety or to avert or lessen the threat of a disaster.

(2) "Major disaster" means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, sno~cstorm, drought, fire, explosion, or other catastrophe in any part of the United States which, in the determination of the Presiclent, causes damage of suficient severity and magnitude to warrant major disaster assistance under this ,4ct, above and beyond emergency services by the Federal Government, to supplement the efforts and available resources of States. local governments, and disaster relief organizations in alleviating the clamage, loss, hardship, or suffering caused thereby.

(3) "United States7' means the fifty States, the District of Colum- bia, Puerto Rico, the Virgin Islancis, Guam, American Samoa, the Canal Zone, and the Trust Territory of the Pacific Islands.

(4) "State" means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam. American Samoa. the Canal Zone, or the Trust Territory of the Pacific Islands.

( 5 ) "Go\-ernor" means the chief executive of any State. (6) "Local government" means (A) an? count_v, city, village, town.

district, or other politicnl subdivision of any State. an? Indian tribc or authorized tribal orgnnization, or -1laska Natix-e village or organization, and (B) includes any rural commnnity or ~ulincorporated town or village or any other public entitg for n-hich an application for assistance is made by a State or political subdirision thereof.

' (7) Tederal agency" means any department. indepenclent estab- lishment, Government corporation, or other agent? of the executive branch of the Federal Government, including the Vnited States Postal Service, but shall not include the American National Red Cross.

88 STAT. I PUBLIC LAW 93-288-MAY 22, 1974

TITLE 11-DISASTER PEEPXREDXESS ASSI5TA%SCE

FEDERAL AND STATE DISASTER PREPAREDSESS PROGR.\XS

SEC. 201. (a) The President is authorized to establish a program of 4 2 USC 5131.

dis~ster preparedness that utilizes services of all appropriate agencies (including the Defense Civil Preparedness Agency) and includes-

(1) preparation of disaster preparedness plans for mitigation, warning. emergency 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) applicakion of science and technology; (7) research.

(b) The President shall provide technical assistance to the States asz;;:,";:,","l in del-eloping comprehensive plans and practicable programs for preparation against disasters, includil1.g hazard reduction, avoidance, and mitigation; for assistance to individuals, businesses, and State and local governments following such disasters; and for recovery of damaged or destroyed public and private facilities.

(c) Upon application by a State, the President is authorized to make grants, not to exceed in the aggregate to such State $250,000, for the development of plans, programs, and capabilities for disaster preparedness and prevention. Such grants shall be applied for within one year from the date of enactment of this Act. Any State desiring m;:z:et:l;;~,"b-

financial assistance under this section shall designate o r create an ,,,,. agency to plan and administer such a disaster preparedness program, and shall, through such agency, submit a State plan to the President, which shall-

(1) set forth la comprehensive and detailed State program for preparation against and assistance following, emergencies and major disasters, including provisions for assistance to individuals, businesses, and local governments; and

(2) include provisions for appointment and training of appropriate staffs, formulation of necessary regulations and procedures and conduct of required exercises.

(d) The President is authorized to make grants not to exceed 50 per Grants, lirnxta-

centum of the cost of improving, maintaining and updating State dis- t'On".

aster assistance plans, except that 110 such grant shall exceed $25,000 per annurn to any State.

DISASTER WARNINGS

SEC. 202. (a) The President shall insure that all appropriate Federal 42 usc 5132.

agencies are prepared to issue, warnings of disasters to State and local officials.

(b) The President shall direct appropriate Federal agencies to provide technical assistance to State and local governments to insure that timely and effective disaster warning is provided.

PUBLIC LAIT 93-288-MAY 22, 1974 188 STAT.

42 USC 51 41.

(c) The President is authorized to utilize or to make available to Federal. State. and local agencies the facilities of the civil defense communications system establi3hed and maintained pursuant to section "1 (c) of the Federal Civil Defense Act of 19.3). as anlended (50 U.S?C. App. 2221 (c) ), or any other Federal conln~unications system for. the purpo3e of p r o d i n g warning to governniental authorities and the civilian population in areas endangered by disasters.

(d) The President is authorized to enter into agreements with the oificers or agents of any private or com~nercial com~nunications systems v;ho volunteer the use of their systems on a reimbursable or noi~re i rnl~~i~~s:~l~le basis for the pwpose of providing warning to gov- crn~nentnl authorities and the civilian population endangered by disauters.

TITLI!: 111-DISASTER ASSISTANCE ADMINISTRATION

PROCEDURES

SEC. 301. (%a) All requests for a determination by the President that an emergency exists shall be made by the Governor of the affected State. Such request shall be based upon the Governor's finding that the situation is of snch severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. The Governor's request will furnish information describing State and local efforts and resources which have been or will be used to alleviate the emargency, and will define the type and extent of Federal aid required. Based upon such Governor's request, the President may determine that an emergency exists which warrants Federal assistance.

(b) A411 requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such Governor's request shall be based upon a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the Statc and the affected local governments and that Federal assistance is necessary. As a part of this request, and as a prerequisite to major disaster assistance under the Act, the Governor shall take appropriate action under State lam and direct execution of the State's emergency plan. He shall furnish information on the es- tent and nature of State resources which have been or will be used to alleviate the conditions of the disaster, and sllall certify that for the current disaster., State and local government obligations and expendi- tures (of which State commitments must be a significant proportion) will constitute the expenditure of a reasonable anlount of the funds of such State and local governnlents for alleviating the damage, loss, hardship. or suffering resulting from snch disaster. Based upon such Governor's request, the President may declare that a major disaster exists, or that an emergency exists.

FEDERAL ASSISTANCE

42 USC 5142. SEC. 202. (a) I n the interxt of proriding maximutn mobilization of Federal asistnnce under this Act. the President slid1 cooldinate, in s ~ c h manner. us he may deter.r?line. the actil-ities of all Federal agencies

88 STAT. I PUBLIC LAW 93-288-Ml\Y 22, 1974

povid ing clisaster assistance. The President may direct any Federal ;tgene?-. 11-ith or n-ithout reiinboi-scnient, to utilize its ai-ailahle g e r - sonnel. eclnipntent. supplies. facilities: and other resources inclu in9 nianagerial and teclmical services in support of State ancl local d i s~~s te r assistfince effort>. The President may prescribe s ~ ~ c l i ruie., ancl r e y l a - Rules and

reguiat lons . tions as IlliLy be necessary and proper to carry ont an\- of the pro\ isions of this Act. and he ~ : L J exercise :my power or authority conferred 011

hh1 by any section of this Act either directly or through such Fecl- e ~ x l agency as he may designate.

( b ) -1ny Federal agency cliarged \-;it11 the administration of a Fed- eral assistance program is antllorizecl. if so requested by the applicant State or local authorities, to modify or waive, for a major clisaster, such aclniinistrati\ e conditions for assistance as woulcl otllern-ise prevent the giving of assistance under such programs if the inability to meet s~lcli conclltions is a result of tlic mujor clisaster.

(c ) Notwithstartding any other provision of leu., any repair, restoration, reconstrnction, or replacement of farm fencing damngecl or destroyed as a result of any major disaster sliall be considered an cmergencv conscrvatioli measnrz eligible for payments ~mcler chapter I of the Third Supplemental Appropriation -let, 1957, or any otller 71 stat. 176.

prorision of law. COORDINATING OFFICERS

SEC. ;.:Of',. ( a ) Inlntediately upon his declaration of a major disaster, 42 USC 5143.

the President shall appoint a Federal coorclinnting officer to operate in the aff'ected area.

(b ) I n order to effectuate the purposes of this Act, the Federal co~rdinat ing oficer, within tlie ;iflectecl area. sliall-

(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 by the President :

(3) coordinate the administration of relief, including.activities of the State and locd go\-ernments, the American Nat~onal Recl Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations, wllicl~ agree to operate under his advico, or direction, except that nothing con- tained in this Act sllall limit or in any way affect the responsibilities of the American National Red Cross under the Act of January 5,1905, as amended (33 Stat. 599) ; and 36 USC 1.

(4) take such other action, consistent with authority delegated to him by the President, and consistent with the provisions of this Act, as he may deem necessary to assist local citizens and public officials in promptly obtaining assistance to which they are entitled.

(c) When the President determines assistance ~ m d e r this Act is n:::F;;cr:;: !lecessary. he shall r e q ~ ~ e s t that the Governor of the affected State des- :pate a State coordinating oficer for the purpose of coordinating State and local clisaster assistance efforts with those of the Federal Governn~ent .

PUBLIC LAW 93-288-MAY 22, 1974 [88 STAT.

42 USC 5144, SEC. 304. The President shall form emergency support teams of Federal personnel to be deployed i n an area affected by a major clisaster or emergency. Such emergency support teams sliall assist the Federal coorclinating officer in carrylnp out his responsibilities pursuant to this Act. Upon reqnest of the President, the head of any Fed- eral agency is directed to detail to temporary duty with the emergency support teams on either a reinibursable or nonreimbursable basls. as is determined necessary by the President, such personnel within the adnlinistrutire jurisdiction of the head of the Fecleral ilgency as the President may need or believe to be useful for carrying out the i'nnc- tions of the emergency suppo~t teams. eacl~ such detniI to be without loss of seniority, pay, or other employee status.

EMEItUENCY ASSISTANCE

42 usc 5145. SEC. 305. (a) In any emergency, the President may provide assistance to save lives and protect property and public health and safety.

(b) The President may provlcle such emergency assistance by clirect- ing Fecleral agencics to provide technical assistance and advisory personnel to the affected State to assist the State and local go~*crn- nlents in-

(1) the perfornlance of essential community services ; warning of further risks and hazards; public information and assistance in health and safety measures; technical advice 011 mnnagement and control ; and reduction of inmediate threats to public health and safety : and

(2) the distribution of medicine, food, and other consumable supplies, or emergency assistance.

(c) I n addition, in any emergency, the President is authorized to provide such other assistance uncler this Act as the President cleems appropriate.

COOPERATION O F FEDERAL AGENCIES I N RESDERING DISASTER ASSISTASCE

4 2 USC 5146. SEC. 306. (a) I n any major disaster or emergency, Federal agencies are hereby authorized, on the direction of the President, to provide assistance by-

(1) utilizing or lending, with or without compensation there- for. to States and local governments, their equipment, supplies, facilities, personnel, and other resources, other than the extension of credit under the authority of any Act;

(2) distributing or rendering, through the American National Red Cross, the Salvation Army, the Mennonite Disaster Service. and other relief and disaster assistance organizations, or otherwise, medicine, food and other consumable supplies, or emergency assistance ;

( 3 ) donating or lending equipment and supplies, inclnding that determined in accordance with applicable laws to be surplus to the needs and responsibilities of the Federal Government. to State and local gorernments for use or distribution by them for the purposes of this Act ; and

88 STAT. 1 PUBLIC L A W 93-288-MAY 22, 1974

(4) Performing on public o r private lands or waters any emergency n-ork or services essential to save lives and to protect and preserve property. public health and safety, including but not liniitecl to : search and re~cue, emergency nleclictll care. emergency mass care, emergency shelter, and provisions of food, water, meclicine, and other. c5-ential neecls. inclnclinp mo~-enient of supplies o r persons; clearance of roads nncl construction of temporaq' bridges necessary t o the perforninnce of emcrgencv tasks and essential conlniunity services; provision of t empornu facilities for schools and other essential coillmuiiity services : delilolition of unsafe structures tllnt endanger tlie public; ~vtirning of furtlirr risks ancl hazarcls; public i:lfornlation ancl assistance on health and safety measures; tecllnicnl advice to State and local governments on disaster management arid control ; recluction of irilnledi- ate threats to life, property, and public, health and safety; and rnaliirlg contributions to St& o r local go\-ernnients for the pur- pohe of carrying out the pro~.isions of tlils pa rug l~~p l i .

(b) Korlr perfor~ned under this section shall not preclucle addi- tional Fec le r~~i assistance m d e r any other section of this Act.

SEC. 307. Fecleral agencies may be reimbursecl for espenclitures 42 USC 5147-

uncler this S c t fro111 funcls appropriated for the purposes o l this , h t . Any fulicls received by Feclerul agencies as reinlbursenlent for services or supl~lies furnisllecl under the authority of this Act shall be clepo~itcd to tlle credit of the appropriation or a11propriations currently available for sucll ser\.ices or supplies.

SEC. :JOS. The Fecleral Gorernnient shall not be liable for any claim 42 usc 5148. based upon the exercise or perforniunce of or the failure to cscrcise or perform a diacret ionar~ function or clutjr on the part of a Feclcrsl agency or an employee of the Fetleral Gove~nnient in carrying out tlie prorisions of this Act.

PERFORXAKCE O F SERVICES

SEC. 309. ( a ) I n carrying oout the purposes of this Act. any Fcilexd 42USC 5149-

agency is authorizecl to accept and utilize the services or facilities of any State o r local goverrin~e~lt, o r of ang- agency, office, or rmployed thereof. with the consent of such yo\-ernment.

( b ) I n perfomling any services unclcr this Act, any Federal agency is authorizecl-

(1) to appoint and fix the conipen~ation of such teniporary personnel :La may be necessary. without regard to tlle pro\-isions of title 5. 1-nitecl States Code, go\-enling ~ ~ p p o i r i t n ~ e n t ~ in coin- j usc 101 et

petitive sen-ice: seq .

(2) to employ experts aucl consultants in accordance ~ ~ i t h the provisions of section :;I09 of such title. ~vithont regard to the pro- x-isio~ls of chapter. 31 micl srtbciiapter III of chzpter. 5:J of sucli title relating to clas4fication and General Scheclule pay rate>; nncl j3::SC 5101.

( 3 ) to incur obligations on L;ellalf of the Tnitecl States 1 , ~ colxract or otllern-iae for the aquisition. rental. o r hire of equipment. serrice3, mntel.ials. and supplies for shipping. clraynpe, trarel. and c o r n m ~ ~ n i c ~ t i o n ~ , ancl for the superx-ision and administration of such acti1-ities. Such ohligrations. inclucliug obligations arising out of the ten~porary employn~ent of ac1:litionnl

150

42 USC 5150.

4 2 USC 5151.

4 2 USC 5152.

42 USC 5153.

PUBLIC LAW 93-288-51AY 22, 1974

personnel, may be incurred by an agency in such a~nount as m:lg be made avnililble to i t by the Presiclent.

USE O F LOCAL FIRJIS AND ISDIVIDUALS

SEC. 310. I n the espencliture of Fecleral funds for debris clearance. distribution of supplies, recon-truction. and otlier 111iljor clisxstcr assistance activities mhicli niay be carrirtl out by col~trnct or ;~grccnlcut with private orga~iizations, firms, or inili~-itIu:ds, preference shall be given, to the sestent feasible and practicable, to those org:~nizations, firms, and individuals residing or cloing business primarily in the area :tflectetl i)y such major clisaster.

SIX. 311. ( a ) The I'rcsiclc~~t sliall issue, and 111ay alter a i d auwncl, such regulntions as may be iiecessary for t11c g ~ ~ i d a n c c of persluwl carrying out Federal assistance ftulctloils a t the d c of :L i l~ajor clisaster. or emergency. Such regnlatio~is sliall inclndc provisioils for insurilig that the distribution of supplies, tlic processing of ilpplicut,ioni, mcl other relief :~t lcl assi&mce activities sllal! be acconlpli4tcd in mi cyui- table a i d inipartial manner, without cliscri~~tination on the gro~u~cls of riice, color, religion. n~itiol~ality, sex. age, or ecoltolliic: status.

(b) -1s a coilclitlo~l o i p:~rciciptiou in thc distribution of assist;uice or supplies uncler this Act or of receiving assistance under section 402 or 404 of this Act, goverlunental bodies :mcl other organizations sl~nll be requirecl to cornply with regnlations relating to ~loi~discrinii~iatiorl prorl~algr,atecl by the Presiclent, and such other rcgulatiol~s applicable to activities within ail are21 affected by :L nmjor disaster or. enlc.rgellcy ns he deems necessary for the effectire coorclin2xtion of relief efforts.

USE AND COORDINATION O F RELIEF ORG-4NIZATIONS

SEC. 312. (a ) I11 proriding relief ancl assjstance under this Act, the President may utilize, with their consent, the l)ersonnel and facilities of the Anlerican National Red Cross, the Sa11-ation A ~ ~ i l y . t h Xen- nonite Disnstcr Service, ancl other relief or clisaster assistance organizations, in the distribution of meclicine, food, supplies, o r other items, and in the restoration. iehi~bilitntion, or reconstruction of con- munity services housing and essential facilities, whenever the Presi- dent finds that sncli utilization is necessary.

(b ) Tlie President is authorized to enter into agreements with tlie American Sational Red Cross, the %IT-ation Army. tile Jlcnnonite Disaster Service, arid otlier relief or clisaster assista~lce orpanizntiol~s tmcicr IT-11icI: the disaster relief activities of such organizatiolls lnny be coorclir~ated by the Fecleral coordinating officer whenever such organizations are engaged in providing relief during a i d after a major disaster or emergency. Any such ngrecment shall include provisions ass~wing that use of Federal facilities, supplies. and services will be in complinnce wit11 re@ntions prohibiting duplication of benefits and guaranteeing nondiscr~mination promulgated by the President under this Act, and such other reg\-llation as the Presiclent map require.

PRIORITY TO CERTAIN SPPLICATIOSS FOR PUBLIC FACILITY AND PUBLIC HOlTSING ASSISTANCE

QEC. 313. (a) In the processing of applications for assistance, priority and immediate consideration shall be gii-en by the head of the appropriate Federal agency, during such period as the President shall

88 STAT. 1 PUBLIC L4W 93-288-MAY 22, 1974 151

prescribe, to applications from public bodies situated in areas affected bv nn io r disasters. nncler the followincr -1cts : i Y

(1) title I1 of the Housing -i&ndments of 1053, or any otlier " usC 1491.

Act p r o ~ i d i n g assistance for repair, coristr~tctiori, or estcnsion of p ~ ~ b l i c facilit~es;

(2) the United States Honsing Act of 193'7 for the provision of " 1430.

Ion--rent housing ; (3) section 702 of the I-To~~sing ,let of 1954 for assistarlce in 40 USC 4b?.

public works planning; (4) section '702 of the Housing and Urban Del-elopment Act of 42 3102.

1965 proricling for grants for pnblic facilities: ( 3 ) section 306 of the Consolidated Farmers Home dc1miliistr.t~- 7 usc 1926.

tion Act; (6) the - . Public Works and Econonlic 1)evelopment Act of 196.5, ,o"%.USC 3 1 2 1

as amenclecl ; ('7) the Appalachian Regional Deve1o;)ment Act of 19G5, as

amenclecl ; or (8) title I1 of the Federal Water Pollution Control Act, as

amenclecl. (b) I n the obliglttion of discretionary fmlcls or funds I\-liich are not

allocated among the States or political subclivisio!ls of a State, the Secretary of I-Ionsing anel Urbiln Development and the Secretary of Colnmeice sliall give priority to api)lic:~tions for projects i11 nx~jor disilster areas in which a Recovery Pl:uu~ing C'ouncil has been cks- ignatecl pursuant to title VII I of the Public Works anel Econorl~ic Derelopment Act of 1965.

INSUR.\NCE

SEC. :314. (a ) (1) An applicant for assistance under section 102 or 410 of this Act or section SO:; of the Public Worlis ancl Eco~lomic Development Act of 1965, shall comply with regnlntions prescribed by the President to assure that, with respect to any property to be replaced, restored, repaireel, or constructed with snch assistnnce, such types and extent of insurance mill be obtained and maintainecl as may be reasonably available, adequate, ancl necessary to protect against future loss to such property.

(2) In making his deterinination with respect to such availability, adequacy and necessity, the President shall not require greater types and extent of insurance than are ccrtifiecl to him as reasonable bv the appropriate State insurance coniinissioner responsible for regulation of snch insurance.

(b ) KO applicant for assistance under section 402 or -119 of this Act or section 80:3 of the Public 'iT'orlis and Economic Derelopnlent Act of 1965, shall receive such assistance for ativ propert1 or part thereof for ~ h i c h he has preriously received assistance under this Act unless a11 insurance required pursuant to this section has been obtained and mttintainecl rritli respect to such property.

(c) -4. State map elect to act as a self-insurer with respect t o any or all of the facilities belongjng to it. Such an election, if declared in rrriting a t the time of acceptmg assistance under section 402 or -119 of this Act or section SO3 of the Public TITorks and Economic DeTelow ~ ~ .-

rnent Act of 1963. or subsequently. cmd nccornpaniecl b r a p!an for serf- insurance which is satisfactorr to the Presiclent. shall be deemed compliance with subsection ( a j of this section. NO such self-insurer shall receire assistmce under such sections for any propertx or part thereof for which i t has previously received assistance under this Act, to the extent that insurance for such property or part thereof would have been reasonably available.

40 USC app. 1.

33 USC 1281.

Pos t , p. 160.

42 USC 5154.


4 2 USC 5155.

Report t o Congress.

4 2 USC 5156.

42 USC 5157.

4 2 USC 5158.

DUPLICATION OF BESEFITS

SEC. 315. ( a ) The President, in consultation with the head of each Fecleral agency aclniinistering any program provicling financial assistance to persons, business concerns. or other entities suiferiny losses as the result of a major clisaster, sliall nssure that 110 such person, business concern. or other entity will receive such assistance ~vitli rcspect to any par t of snch loss as to which he has received fii~ancial assistance under any other 121-ogram.

(b) The President sliall assure that no person, business concern, or other entity receives any Fecleral assistaim for any part of a loss suffered as the result of a major disaster if such person, concern, o r entity receivecl compensation from insurance or any other sotu.cc for tlint part of such a loss. P a r t i d compensation for a loss o r :I, part of a loss resulting f ~ w n a major clisuster shall not preclncle aclclitional Fec1el.d assistance for any part of such a loss not compensatecl otherwise.

(c ) \\rllcnerer the President determines ( I ) that a pe1~so11, busi~lcss concern, or other entity lius receivecl assistance uncler t l k Act for a loss and that such person, business concern or other entity received assistance for the same loss from n~iother source, ancl ( 2 ) that the amount receivecl from all sources esceeclrcl the amount of the loss, he shall direct snch persoli. business concern, or other entity to p:~y to the Trcasury an amount, not to csceecl tlie nmomit of Federal assistance received, snficicllt to reimburse the Fecleral GovernnienC for that part of tlie assistwice which he deems escessive.

REVIEWS AND I:EPOI;TS

SEC. 316. The President shall concluct annual reviews of the activities of Fecleml agencies aitd State ancl local governments providing clisaster prepareclness and assistance, in order to nssure mas im~ml coorclination and eifectiveness of such programs, and sliall from time to time report thereon to the Congress.

CRIMINAL AND CIVIL PENALTIES

SEC. 317. ( a ) Any indiviclnal who frauclulentlp o r willfully mis- stxtes any fact in connection with n request for assistnnce ~mcler this Act shall be finecl not more than $10.000 or imprisoned for not more than one year or both for each riolation.

(b) Any i n c l i d ~ ~ a l xvho lr i io~~ingly violates any order or regulation ~ m d e r this Act shall be subject to a civil penalty of not more tlian $3,000 for each riolatioii.

(c) 1Thoe1-er knowinglv misapplies the proceeds of a loan or other cash benefit obtained m d e r n11;r- section of this Act shall be subject to a fine in an mnount equal t o one and one-half times the original prin- cipal amount of the loan or cash benefit.

SEC. 318. The President is nuthorizecl. at the request of the CToi~ri io~ of an aflectecl State. to provide for a survey of constrnction materials neecld in the area affected bv a major clisaster on an einer,oency basis for housing repails. replacenlent housing. public facilities repairs and replacement. farming operations. and bt~siness enterprises and t o take appropriate action to assure the availability a i d fair distribution of neeclecl materials. including, where possible. the allocation of such materials for a period of not more than one Bundrecl and eighty clays nfter such major chaster. An? allocation progrun shall be imple-

88 STAT. 1 PUBLIC LAW 93-288-MAY 22, 1974 153

mented by the President to the extent possible, by working \~-ith and through those companies ~chich traditionally supply construction materials in the affected area. For the purposes of this section "con- mI::r;!;,';::tiOn struction materials" shall include building materials ancl materials required for repairing housing, replacement housing, public facilities repairs ancl replacement, arid for normal farm ancl business operations.

TITLE IT;-FEDERAL DISASTER _ISSISTASCE PROGR-INS

SEC. 401. ( a ) The President may autliorize ar1.v Federal agelicy 42 USC 5171.

to repair, reconstruct, restore, or replace any facilitg owned by the United States and under the juridiction of such agency which is clamagccl or clestroyecl by any major clisastcr if he cletcrnlines that such repair, reconstruction, restoration, or replacement is of such impor- tance and urgency that i t cannot reasonably be deferred pending. the enactment of specific authorizing legislation or the making of an appropriation for such purposes, or the obtaining of congressional conmittae ,zppro\.:~l.

(b) I n order to carry out the provisions of this section, such repair, reconstruction, restoration, or replacement may be begun notwithstanding a lack or an insufficiency of funcls appropriated for such purpose, where such lack or insufficiency can be remedied by the transfer, in accordance with law, of funds appropriated to that agency for another purpose.

(c) I n implementing this section, Federal agencies shall evaluate the natural llaztxrds to which these facilities are exposed and shall take appropriate action to mitigate such hazards, including safe land-use and construction practices, in accordance with standards prescribed by the President.

REPAIR AND RESTOBATION O F DAMAGED FACILITIES

SEC. 402. ( a ) The President is authorized to make contributions to 4 2

State or local governments to help repair. reztore, reconstruct, or replace public facilities belonging t o such State or local governments which were damaged or clestroyecl by tl major disaster.

(b) The President is also authorized to make grants to help repair, restore, reconstruct, or replace private nonprofit educational. utility, emergency, medical. and custodial care facilities, including those for the aged or disabled, and facilities on Indian reservations as defined by the Presiclent, which n-ere clamagecl or destroyed by a major disaster.

(c) For thcse facilities eligible ~ m d e r this section which vere in the prcces; of construction when clamagecl or destroyed by a major disaster, the grant shall be based on the net costs of restoring such facilities substantially to their predisaster condition.

(cl) For the purposes of this section, "public facility" includes any ,i:?blic '""" publicly ownecl flood control. na~-igation, irrigation, reclamation. public power, s e v q e treatment and collection. water supply and clistribu- tion, watershed development. or airport facility, any non-Federal-aid street. road, or 11ighwa~-. any other public buildin9 structure, or system including those used for educational or recreational purposes, and any park.

(e) The Federal contribution for grants made under this section L'm'tatiOn.

shall not exceed 100 per centum of the net cost of repairing. restoring, reconstructing, or replacing any such facility on the basis of the

PUBLIC LAW 93-288-UAY 22, 1974 [%% STAT.

design of such facility as i t existed immecliately prior t o such disaster and in conformity with c~u.r.ent applicable codes. specifications. :ili(l standards.

( f ) I n those cases where a State or local government cleternlines that public welfare \voulcl not be best sel.rec1 rcpairi~ig, restoring. reconstructing, o r replacing particular public facilities o~vned or con- trolled bg that State or. that local government wliich liavc heen damaged 01- tlestroyecl in a nitijor clisaster, i t nlxy e1rc.t to rcccive, in lieu of the contribution describccl in subsectioi~ ( e ) of tliis scdion, a co~itri- bution busecl on 90 1)rr ccntunl of the Federal cstili~ntc of t l ~ e total cos; of rep~i13lq, restoring. reco~i~t~wcting, or rep1;wing 1111 & ~ ~ n i ~ g ~ ~ l hai l i- ties owned by i t within its jurisclictiou. The cost of repairing, restoring, reconstructing, o r replacing dm~agecl or clestrogecl public facilities shall be estimated on the basis of the design of rach such facility as i t existed inmecliatcly prior t o such disaster and in conformity wit11 current applicable codes, specifications and standarcls. Fmlcls contrib- uted under this subsection may bc expended either to repair o r restore certain selected clarnaged public fncilitie3 or to constl.ucat 11c1.i. pttblic farilities which the State or local yoreril~nent dcterlnincs to be necessary to nlect its needs for govel~~inielit:~l services and functions in the disaster-affected area.

DEBRIS REMOVAL

42 5173. SEC. 403. (a) The President. whenever he cletcrn~illes it to bc ill t11c public interest, is autlwrizecl-

(1) throu$l the use of Federal delmrtnicnts, agcl~cics, m c l i:lstr~unentalltieh, to clrai. debs a i d ~ ~ r e c k r ~ g e r.csuliing Sroin s major clisaster from publicly and privately o \ n ~ c d lallds and waters : a d

( 2 ) to iilalce grants to any State or local government for the pnrpose of remo.r.ing debris or wreckage resulting from a major disaster from publicly or p i t ately o~vncd 1:~ncls and waters,

(b) S o autliurity uncler this section sllnll be cscrcisecl unless the slfectecl State or local gorerlul~eiit shall first arrilnge an nnconclitioual autllorization for reinoval of such debris 01. wrwlage from public and private property, and, in the case of rernoral of debris or ~vrc.cl;age fro111 private property, sliall firbt agree to incleninify the Fecleral Gorernnlent against an? claim ansing from such rernol-al.

4 2 USC 5174. SEC. 404. (a) The President is authorized to provide, either by pnrcllnse or lease, temporary housing. including, but not limited to, mloccupiecl habitable dwellings, suitable rental housing. mobile lloazes or other r e d l y fabricated clvellinps for those 17-110, as n result of s major. disaster, require temporary housing. During the first twelve months of occupancy 110 rentals shall be established for any such ~mommodations. and thereafter rentals shall be established, based upon fair market value of the accomrnoclntions being furnished. adj,ustecl to take into consideration the financial a b i l i t ~ of the occupant. Anp mobile home or readily fabricated dwelling shall be placed on a site complete with utilities provided either by the State or local government, o r by the o w e r or occupant of the site who was clisplaced by the major disaster, without charge to the Tjilited Staces. The President may authorize installation of essential utilities a t Federal expense and he may elect to provide other more economical or accessible sites when he determines such action to be i n the public interest.

88 STAT. 1 PUBLIC LAW 93-288-MAY 22, 1974

(b ) The President is authorized to provide assistance on a temporary basis in tlie form of mortgage or rwra l payments to or on behalf of iiidi\-lduali and f n n i i h s wllo. as a result of financial harclsllip caused hy a major. cliba4cr. have receil-ecl ~vrirtrii notice of clisposession or e\-iction fro111 il re~icle~ico by reaioli of foreclosure of any mortgage or lien. cancellation o f any colitixct of bale. or te~minat iou of an? lease, entered i ~ i t o prior to such dibahter. Such ttssistance bliall be provicld for a period of not to exceed o w y c a ~ or for the clurution of the period of fi~iancial liarclship, ~~l i ic l iever is the lesser.

( C ) 111 lit>il of pro\ iding other t ~ p e s of temporary housing after a nitrjor clisa,iter. tlie I'rwident is nntliorizcd to make esprncliti~rcs for the p11rpose of rc~pairinp or restori~ip to :t 1iabit:d)lc contlltion owner- occul~ird p~.ivatc resitlential structures maclc uninliab~table by a niajor c l i ~ a ~ t r r which are capablc of k i n g r~storecl qiucldy to a. liabitnl~le coliclition with niiniilial repairs. S o as\1st:mcr 1)1u~idecl under this watioii may be used for ~ n a j o r ~~econstructioii o r re1ial)ilit:ltion of cltuiin~~cl property.

( d ) ( 1) Kotnitlistancliig any other provision of' la\\-, ally tenlporary hoilsiilg acquired bp purchase niay l ~ e sold directly to individuals and S m ~ i l i ~ s ~ 1 1 0 a1.e ocmpantb oi t e i n p ~ r a ~ y hou:,ing at prices that m e fair and equitable, as determined by the Presiclent.

(2) The Presiclent may sell or otherwise rimlie available teniporarp I ~ o u i i l ~ p 1u11ts directly to States. other go\-ernn~r~l tal entities, and volullt:~r'y olpnizat ions. The Prcsiclent sh;~I1 ilnpose as a collditioll of Nondiscrlmina-

transfrr rmclei. tliis paragrapli a covenant to coniply with the "On'

pro\-isions of section 21 1 of this Act requiring nonc1iscrimin:~tioll in occupalicy of wcli teinporary bowing units. Such clispositioli shall be lirilitecl t o units purc1i:lsecl uncler tlic provisions of subsection ( a ) of tl~i:, iection and to tlic purposes of p~*o\-iclinp temporary lionsinp for clistster rictiins ill e ~ n c ~ g w c i e s or in niajor di5:isters.

PROTECTION OF ENVTROSJIENT

Sm. 405. No action taken o r assistance provided pursuant to sec- 42 usc 5175 .

tions 303, 306. or 103 of this Act. or any assistance proviclecl pursuant to section 403 or 419 of this - k t tluit has the eff'ect of rrstoring facilities substantiallv :IS t h y existed prior to the disaster. s l ~ , ~ l l be cleeined a. major Federal action significantl.\- :~tiecting the quality of the liunlnn enrironnlent vi thin tlie ineaning of the Sational Eli\-ilwuxental Pol- icy h t of 1969 ( $ 3 Stat. 832). So th ing in this section shall alter or 42 USC 4321

atiecr; the applicability of tlie Sationnl I~G~r-il.o~inientnl Policy , k t of "Ot"

1969 jS:i Stat. 53.7) to other Frderal o~t ioi is tuIie11 under this , k t or ~lnclcr ally otlier provision of law.

MINIJCOX STANDARDS M)R PTSBLIC AND PRIVATE STRITCTCRES

SEC. 406. AS a condition of an)- disaster loan or g r m t nlade uncler 4 2 USC 5176 .

the prorisions of this Act. the recipient shall agree that any repair or constrnction to be financed tlwrerrith shall be in accorclance with applicable standards of safety, clecency, and sanitation and in confornlity \?-it11 applicable codes. specifications. and stanclarde. nncl shall furnish such el-iclence of compliance with tliis section as may be required by regulation. As a further condition of any loan o r grant made uncler the prorisions of this , h t , the State or local po~erninent shall agree Natural hazards,

that the natural hnzards in the areas in wllicll the proceecls of the eva ' ua t lOn~

grants o r loans are to be used shall be e d u a t e c l and appropriate action shall be taken to mitigate such hazards. incluclinc safe land-use and construction practices. in accordance with stnnclarcls prescribed or


42 USC 5 1 7 7 .

Time limitation.

Agreement with States .

Reemployment a s s i s t a n c e serv- i c e s .

42 USC 5178.

Federal share.

Advances .

Limitation.

Regulat ions .

Administration e x p e n s e s , limitation.

Effect ive date . 4 2 USC 5 1 7 8

note .

approved by the President after adequate consultation with the appropriate elected oEcials of general purpose 1oc:~l governnients, and the State shall furnish such evidence of compliance with this section as may be requirecl by regulation.

UNEMPLOYMEST ASSISTANCE

SEC. 407. (a) The President is authorizecl t o provide to any iudi- vidual unemployecl as a, result of u major c1is:~ster such benefit assistance a s lie deems appropriate while such incliviclual is unt~nl)logecl. Such assistance as the President s h d l provicle shall be available to an indiviclud as long as the individunl's uiiernployment causccl by the major clisaster continues or until the individual is ~.eenlployecl in a suit;nble position, but no longer t l ~ u n one year after tlie major disaster is cleclarecl. Such assistr~nce for a. weel; of ulicnlploymeut shall not exceed the maximum weekly amount autl~oriaecl unclcr the unemployment compensation law of the State in which the disaster occurred, and the amount of assistancc uncler this section to any such iridividual for a week of unemployment s l d l be recluced by any amount of unemployment compensation or of private income protection ins~mmce compensation available to s~lcll individual for such week of unemployment. The President is directed to provicle snell assistance through agreements with States wliich, ill liis juclgnlent, have an acleyuate system for aclministering sucli assistarice througli existing State agencies.

(b) Tlw Prwiclent is further autllorizecl for the purposcs of this Act to provicle reemployment assistalice services under other laws to incli\-icluals wlio are ~uiemployecl 21s u result of a major disaster.

SEC. 408. ( a ) The President is authorized to make a grant to a State for the purpose of such State rnakiltg grants to meet disaster-related necessary expenses or serious needs of. indivicluals o r families adversely affected by a major disaster in those cases where such indivicluals or families are unable to meet such expenses or needs through assistance under other provisions of this Act, or from other means. T h e Gorernor of a State shall aclminister the gmnt program authorized by this section.

(b ) The Fecleral share of a g r m t to an incliriclual or iz family under this section shall be equal to 7 5 per centum of the actual cost of meet- ing such an expense or need and shall be made only on conclition that the remaining 3 per centurn of such cost is paid to such iiidiridnal or family from funds made available by a State. TI-here a State is unable immediately to pay its share. the President is authorizecl to advance to such State such 25 per centum share. m c l any such advance is to be repaid to the 'C-nitecl States when such State is able to clo so. S o indiridual and no family shall receive any grant or grants under this section aggregating more than $5.000 with respect to any one major disaster.

( c ) The President shall promulgate regulations to carry out this section aacl such regulations shsll include nationnl criteria, standards, and procedures for the determination of eligibility for grants and the administration of grants made under this section.

(cl) h State nl'r1-j- expend not to exceed 3 per centum of any grant made by the President to it uncler subsection ( a ) of this section for espenses of administering grants t o inclividuals and families under this section.

(e) This section shall take eRect as of Apri l 20, 1973.

88 STAT. I PUBLIC LAR 93-288-MAY 22. 1974 157

FOOD C O C P O S S A S D DISTRIBUTIOS

SEC. 409. (a) Whenever the President determines that, as a result 4 2 USC 5 1 7 9 .

of a major disaster. lon--income llousellolds are unable to purc2iase adequate amounts of nutritious foocl, he is authorized, under such terms and conditions as he may prescribe. t o distribute through the Serretary of dgt-iculture or other appropriate agencies coupon allotments to snch llouseliolds pursuant to the pro\.isions of the Food Stamp Act of 1'364 (P.L. 91-671; 84 Stat. 2043) and to make surplus conl- 7 USC 2011

note. moclities available pursuant to the provisio~ls of this Act. (b) Tlie President, tlirouglr tlle Secretary of Agriculture or other

appropriate agencies. is authorized to coiitinue to inalie such coupon allotments and sui.plus commodities available to such households for so long as he determines necessary, taking into consicleration such factors as he deems appropriate, incluclilig the consequences of the major clisaster on the earning power of the houscl~olcls, to which assistance is made available under this section.

(c) Nothing in this section slrall be construed as amending or otherwise changing tlle provisions of the Ftmd Stamp Act of 1964 except as they relate t o the availability of food stainps in all area aflectecl by st major disaster.

FOOD COMMODITIES

SEC. 110. (a) The President is authorized and directed to assure ,e,"z;zency mass

that adequate stocks of food will be ready and conveniently available 42 "SC 5 1 8 0 .

for emergency mass feecling or distribution in any area of the Unitecl States v-hich snffers a major disaster. o r eincrgeacy.

(b) The Secret:u.yv of Sgricnlture s l ~ d l utilize funds appropriated under section 33 of the Act of i2ugust 24, 1935 (7 TT.S.C. 61"). to p~~rchase foocl commodities necessary to provide adequate supplies for nse in any area of the Gnited States i11 the event of a major disaster or emergency in such area.

SEC. 411. N~twitllstanding any other provi~ioii of law, no person 4 2 USC 5181-

otherwise eligible for any kind of replacenrellt housing payment under tlle Uniform Relocation Assistance and Real Property _Icquisition Po l i c i~s Act of 1970 (P.L. 91-646) shall be denied such eligibility as no4ta.USC 4601

a re3ult of his being unable, because of a major clisaster as determined &by the President, t o meet the occupancy requirements set by such Act.

LEG-\L SERVICES

SEC. 412. Thenever the President determines that lorn--income indi- 4 2 5 1 8 2 .

viduals are unable to secure legal services adequate to meet their needs as a conseqilence of a major disaster, consi~tent ~ ~ i t l l the goals of the p r o g r a m ~..uthorized by this Act. the President shall assure that snch programs are conducted ~ i t h the aclrice and ~esistance of appropriate Federal agencies and State and local bar associations.

CRISIS COUNSELING -ISSISTXSCF, A S D !I'R-IIXIXG

SEC. 41.3. The President is authorized (through the Sational Insti- 4 2 j l S 3 .

tute of JIental Health) to provide professional counseling serx-ices. including financial assistance to State o r local agencies or private mental lrealth organizations to provide such services or training of disaster workers. to riotims of major disasters in order to relieve mental health problems caused or aggrax-ated by such major disaster or its aftermath.

PUBLIC LAW 93-2884AY 22, 1974 [88 STAT.

Loans t o local governments.

4 2 USC 5184.

Repayment.

31 USC 1261 and note.

31 USC 1264.

Ante. p. 146.

Effect ive date . 31 U S C 1264

note .

4 2 USC 5185 .

4 2 USC 5186.

42 USC 5187.

Cost-sharing. 4 2 USC 5188.

C04131LTxITY DIS.\5TER LO.\SS

SEC. 414. ( a ) The President is authorized to make loms to ally local gorer~lnlent which may suffer a substantial 1 0 s of tax and other rere- nues as a result of a major clisaster. and has clemonstruted n need for financial assistance in order to perform its governmental functions. The amount of any such loan shall be based on need, and shall not exceed 23 per centum of the mnual operating budget of that local go\-- ernment for the fiscal year in which the major disaster occurs. Repay- ment of all or any par t of such loan to the extent that rewnnes of the local government during the three full L c a l year period following the major clisaster are inssficient to meet the operating bndget of the local gorcrnriicnt, inclncliiie udclitionxl disaster-related espenses of a. rnuniclpal operation character shall bi. canccllcd.

(b) Any lonns made under this section sliall not iwluce or otlic3rwise affect any grants or other :~ssistancc under this Act.

(c) (1) Subtitle C of title I of the State and Local Fiscal Assistance Act of 1972 (13.L. 93-512; 86 Stat. 919) is arilendecl by adding a t the end thereof the fullo~ving 11ew section: "SEC. 145. ENTITLEJIENT FBCTORS AFFECTED BY MAJOR DISASTERS.

"In the aclminiitration of this title the Secretary shall disrcgnrd m y change in clam used in determining the entitlement of a Stste $01-ernnient or a uilit of l o r d gorerniutxnt for a pcriocl of 60 months lf that cl~tlnge-

"(I) results from a major disaster deterlninecl by the President nncler section 301 of the Disaster Relief Act of 1974, ancl

" ( 1 3 ) r ed~~ces the mount of the entitlement of that Stnte gov- ernnient or ~ m i t of local gorernnlent.".

(2) The aniendment nlacle by this section takes effect on April 1, 1974.

EMEEGENCY COI\IMUNICATIOTU'S

SIX. 115. The President is autliorizecl during, or in anticip;ition of, an eniergency or major disaster to establish temporary comm~ulica- tions systems ancl to malie sucli communications available to State and local g o ~ e r ~ m i e n t officials and other persons as lie deen2s appropriate.

SEC. 416. The President is authorized to provide temporary public transportation service in an area affected by a nlajor clisaster to meet emergency needs 2nd to proritle transportation to go~ernmental o6ccs. supply centers, stores: post offices, schools, n s j o r eniplopnie~~t centers, and such other places as nia5- be necessar? in orcler to enable the coni- niunitr to resume its normal psttern of l ~ f e as soon as possible.

FIRE SLEPRESSIOS GRANTS

SI.:~. 417. The Presiclent is authorized to provide assistance. including grants, equipment. supplies. ancl personnel, to any State for the suppression of any fire on publicly or prirate1~- omled forest or. grass- land vhich threatens such destruction as ~ o u l d constitute a major clisaster.

TI3fBIS SALE CONTRACTS

SEC. 413. (a ) Where an esisting timber sale contract bet.1~-eel; the Secretary of Agricukure or the Secretary of the Interior and a timber

88 STAT. 1 PUBLIC LAVF 93-288-MAY 22 , 1974

purchaser cloes not proride relief from major physical change not due to negligxm of the purchaser prior. to a p p r o d of constr~uction of any section of slxcified road o r of m y other specified de\-eloprnent facility :uicl. as u result of a major disaster. a major physical change results in aclclitionul construction \Yol.li in coniiection v i t h s11cll road or facility by such purchaser \\-it11 an estimttecl cost, as deterinirirtl by the nppro- prixte Secretary, (1) of more tlinn S1.00d for sales under one million board feet, (2) of more tlian $1 per thous:und board feet for sales of one xo three million board feet. or ( 3 ) of mote t l w l $2.000 for sales over three million boaid feet. such increased comtinction cost shall be borne by tlie United States.

(b) If the nl)pr.opriate S rxe ta ry determines tllat clantapes are so Contract c a n c e l -

great that restor:lt~oii. recolistlwtioll, or coilstrnction is not practical 'at'0n'

uncler the cost-sharing ?-arrangenlcnt aatllorizecl by subsc~tion ( a ) of this section, he may ;111ow ccancellatio~~ of a contract entered into by liis Ikpnrtment not witllstandinp contrary provisions therein.

( c ) Tlie Secretary of ,tgriculture is :lu~hol.izecl to reclnce to seven S a l e of t ~ m b e r ,

days the minimum period of advaim public noticc requirecl by the "Otice*

first sectioli of the *Zct of June 4, 189'7 (16 1T.S.e. 476). in connection wit11 the sale of timber from national forests, wlienevrr the Secretary deterinines that (1) the sale of such timber will assist in the construction of any are>t of a State damaged by a major disaster, (2) the sale of such timber will assist in su&tining the economy of sucli area, or (:i) the sale of such timber is necessary to sali-age the value of timber damaged in sucli major disaster or to protect nndamaged timlwt.

(cl) The President. when lie cleterniims it to be in the pnblic h t e r - est, is authorized to irlake grants to any State or locd pl-e~.nntent for the purpose of removing from 1)rirately ovined lands timber dama,ned as a result of a major cllsaster, and such State or local gal-ernment is autllorizecl upon application, to make paynlents out of such ernnts to any person for reimbursement of expenses actualIy incurred by such person in the removal of damngecl timber. not to exceed tlie amount that sncli expenses exceed the salvage \ d w of such timber.

IN-LIEU CONTRIBCTION

SEC. 419. In any case in which the Federal estimate of the total 4 2 USC 5189-

cost of (1) remiring, restoring. reconstructing, or replacing. under section 4O2, all damaged or destroyed public facilities owned by a State or local government ~vithia its iurisdiction. :1nd (2) enlcrgency assistance nnclcr section XOG and debris remo\-ecl uncler section 403, is less than $23.000, then on application of a s ta te or local po~-ernnient. the President is authorizecl to make a contribution to such State or local government under the provisions of this section in lieu of any contribution to such State or local go-\-ernment nncler section 306. 403, or 403. Such contribution shall be based on 100 per centum of such total estimated cost. 31-hich may be expended either to repair. restore, reconstruct, or ~ p l n c e all such damaged or clestrovecl unblic facilities. to repair. restore. reconstruct, or replace certain selected dnmagecl or destroyed public facilities. to construct n e v pnblic facilities rrhicli the State or local government cleterniines to be necessary to meet its needs for ,oovernmental services and f ~ n c t i o n s in the disaster-afiected area. or to ~ulclertake clisaster vork as authorized in section 306 or 403. Tlie cost of repairing. restoring. reconstructing. or replacing damaged or clestroyed public facilities shall be estimated on the basis of the design of each such facility as it esisted iinntediately vrior to such disaster nncl in conformit-j with current applicable codes, specifications md stanclnrds.

42 USC 3121 note .

4 2 USC 3231.

"Major d i s a s - ter."

Ante , p. 143 .

Recovery Plan- n ing Council , des ignat ion .

4 2 USC 3232.

Membership.

42 USC 3181. 4 0 USC app. 1.

1 2 USC 3161.

4 0 USC app. 301 .

PUBLIC LAR 93-288-MAY 22, 1974 [88 STAT.

TITLE V-ECONOJIIC RECOVERY FOR DISASTER AREAS

AXEXDXENT TO PUBLIC WORliS .IND ECOSOJI IC DEYELOPJIENT .\CT O F 1065

SEC. 501. The Public Works and Economic Development Act of 1965, as amended, is amended by adding at the end thereof the following new title:

"TITLE VIII-ECONOJZIC RECOT'EEY FOR DISASTER AREAS

L L PURPOSE O F TITLE

"SEC. 801. (a) I t is the purpose of this title to provide assistance for the economic recovery, after the period of emergency aid and replacement of essential facilities and services, of any major disaster area which Iias suflerecl a dislocation of its economy of sufficient severity to require (1) assistance in ~ l a n n i n g for development to replace that lost in the major disaster ; (2) contmued coordination of assistance available under Federal-aid programs; and ( 3 ) continued assistance toward the restoration of the employment base.

"(b) AS used in this title, the term 'major disaster' means a major disaster declared by the President in accordance with the Disaster Relief ,k t of 1974.

"DIS.\STER RECOVERY PLBNNING

"SEC. 802. (a) (1) I n the case of any area affected by a major disaster the Governor may request the President for assistance under this title. The Governor, within thirty days after authorization of such assistance by the President, sliall designate a Eecovery Planning Council for such area or for each part thereof.

"(2) Such Recovery Planning Council shall be composed of not less than five members, a majority of m-hom shall be local elected officials of political subdivisions ~ ~ i t h i n the affected areas, a t least one representative of the State, and a representative of the Federal Government appointed by the President in accordance mith paragraph (3) of this subsection. During the major disaster, the Federal coordinating officer shall also serre on the Recovery Planning Council.

" (3) The Federal representative on such Recovery Planning Coun- cil may be the Chairman of the Federal Regiond Council for the affected area. or ,z member of the Federal Regional Council designated by the Chairman of such Regional Council. The Federal repre- sentatire on such Recovery Planning Conncil may be the Federal Cochairman of the Regional Commission established pursuant to title V of this Act. or the Appalachian Regional Development Act of 1965, or his designee, where all of the area affected by a major disaster is within the boundaries of such Commission.

(' (1) The Governor may designate an existing mllltijnrisdictional organization as the Eecovery Planning Council where such organization complies with paragraph ( 2 ) of this snb5ection with the addition of State and Federal representati~es except that if all or part of an area affected by a major disaster is within the jurisdiction of an esisting multijurisdictional organization established under title I V of this Act or title I11 of the Appalachian Regional Development Act of 1965, such organization, mith the addition of State and Federal repre- sentatires in accordance with paragraph (2) of this subsection. shall be designated by the Governor as the Recorery Planning Council. I n

88 STAT. 1 PUBLIC LAW 93-288-MAY 22, 1974 161

ally case in which such title 111 or IT organization is clesignatecl as the 3z y:E Recorer? Planning Council under. this pal.agrap11. some local elected officials of political subclirisions within the aflected areas must be appointed to serve on such Recovery Planning Council. There possible, the organization designated as the Cecovery Planning Council shall be or shall be snbsec~uently designated as the appropriate agency required by section 5204 of the Demonstration Cities and Metropolitan Development Act of 1966 ($2 U.S.C. 3334) and by the Intergover~i- mental Cooperation =ict of 1968 (P.L. 90-577; 82 Stat. 10%). 4 2 USC 4201

note . " (5) The Recovery Planning Council shall include private citizens

as members to the extent feasible, and shall provide for alid encoumge public participation in its deliberations and decisions.

" (b) The Recovery I'lail~iing C'IOUI~CII (1 ) shall review existing Review-

plans for the aft'ected area ; and (2) may recomniend to the Governor. and responsible local governrne~its such revisions as it determines necessary for the economic recovery of the area, including the develop- lnellt of new plans mid the preparation of a recovery investment plan for the 5-year period following the cleclartation of the major disaster. The Recovery Planning Comlcil shall accept as one element of the recovery investimnt plans deterniinations made under section 402 ( f ) of the Disaster Relief Act of 1074. Ante, P. 153.

" (c) (1) A recovery investnlent plan prepared by a Recovery Plan- ve~;;~;;','l,'~:

ning Council may recommend the revision, deletion, reprograrning, or a.dditiona1 approval of Fecleral-aid projccts and programs within the nrea-

"(,4) for which application has been made but approval not yet granted ;

" (B) for which funds have been obligated or approval granted but construction not yet begun :

" (C) for which funds have been or are scheduled t:, be appor- tioned within the five years after the declaration of the disaster;

"(D) which may otherwise be available to the area uncler any State schedule or revised State schedule of priorities; or

" (E) which may reaso~iably be anticipated as becoming available under existing programs.

" ( 2 ) Upon the recommendation of the Recovery Planning Council lunds.

aud the request of the Governor, any funds for projects or programs identified pursuant to paragraph (1) of this subsection may. to any extent consistent with appropriation Acts. be placed in reserve by the responsible Federal agency for use in accordance with such recom- mendations. Gpon the request of the Go~ernor and with the cmcnr- Transfer of

funds. rence of affected local governments, such funds may be transferred to the Recovery Planning Co~mcil to be expended in the implementation of the recovery investment plan. except that no such transfer may be inade unless snch expenditure is for a project or program for which such funds originally were made arailable by an appropriation Act.

"PUBLIC WORKS AND DEVELOPXEST FACILITIES GRASTS AND LOANS

"SEC. 503. (a) The President is authorized to proricle funds to any 42 USC 3233-

Recovery Planning Council for the in~plementation of a recorery investment plan by public bodies. Such funds may be used-

:' (1) to make loans for the acquisition or developnlent of land and impro7-ements for public morks. public service, or development facility usage, including the acquisition or development of parks or open spaces, and the acquisition, construction. rehabilitation, alteration, expansion. or improvement of such facilities, including related machinery and equipment, and


'.(2) to make supplementary grants to increase the Fecleral share for projects for wliicli f~lncls are rescrvecl pursuant to sub-ectiou (c) ( 2 ) of section S O h f this Act, or other Fecleral- aid projects in the afircted area.

"(b) (+rants ancl 1o:uis wider this section niay be made to any State, local governxilent, or privutc 01. public nonprofit organization rcpre- b~llting ally :we% or art thelw)f affected by a major disaster.

"(c) S o sly)plem~ntarv grant s11:~11 incrc;~se the Federal share of the co5t of :uiy project to greater than XI per centum, except i11 the case of a g m i t for the benefit of IncIians or. lllaslm X:~ti\-ci, or in the case of :my State or local govc~.~trnelit \c-liich the Prcsideut deternlines 11:~s eslixusted its effective taxing i ~ n d 1~orrowing c:q)acity.

Interest rate. '.(el) I,o:~:i+ wicler tl~i:, section nl1:~11 bear iutrrest a t a rate determined hy tlie Secrchry of the Treasury taking into consic1er.ation the cnrrpt~t averape ~ l ~ : ~ r l i e t yielcl o ~ i ol~tstnnding n~arketable oblig~tions of the ITliitctI States n-ith rc.ruai~iilig periods to niaturity comparable to the 2x1-ernge nl:~tl~riiies of such ~ ~ ) L L I ~ s , adjusted to the nearest one- eighth of 1 per centnn~, Icss 1 per centlmi per :uinum.

" (e) Fiiltxncial asaistancc under this title shall not be extended to assist establishnients relocabing from one area to another or t o assist subcontrnctors whose purpose is t o divest, or whose econoniic success is depencleiit upon diresting? other oontractors or subcontractors of con t~ tc t s therefore custonmdy perfomled by them. Such limitations shall not be construed to prohibit :m,ist;uice for the expansion of an existing business entity throng11 tlie cstablishmeilt of a new branch, affiliate, or subsidiary of such entity if tho Secreltary of colnlnlerce fiilcls that the establislinient of such bratich, affiliate, or subsidiary will nnt reauit in an increase in unernploynlent of the area of original location or in any other area wl ie~e snch entity condncto business operations, unless the Secretary has reason to believe that such branch, affiliate, 01- subsidiary is being established with the intention of clos- ing down tlie operations of ithe existing business entity l n the area of its original location or in any other area where i t c o i l c l ~ ~ t s such operations.

"LOAN GU-\RANTEES

42 usc 3234 . L ' S ~ ~ . 804. The President is authorized to provide fmlcls to 12ecover.y Plnnninf Collncils to guarantee loans made to private borr.owers by private leiiding inditutlons (1) to aid in financing any project within an area affected bv a innjor disaster for the purcllase or. development of lancl and fnciliiies (inelncling mucliinerg ancl equipnlent) for illdus- trial or conlnlercial usage incltlding tlie constrl~ctioli of ne\v buildings, and re1~al)ilitation of abafidoned or unoccupied buildings. ailel the alteration, con\-ersion, o r enlarpelnent of existing builclin~s; ancl ( 2 ) for working capital in connection with projects in areas assisted tmder paragraph ( I ) , upon application of 3~1~11 institution ancl upon such

Llmltatlon. terms and conditions as the President may prescribe. S o such glzaran- tee shall at ai:p time exceed 90 per centum of the a m o ~ ~ n t of the out- standing unpaid balance of slzch loan.

"TECHNIC.~L ASSISTANCE

4 2 USC 3235. "SEC. 805. (a) In carrying out the purposes of this title the Presi- dent is authorized to proride teclinical assistance which ~ r o u l d be lrseful in facilitating econonlic recorery in areas affected by major clisasters. Such assistance shall include project planning and feasibility smdies, nianngernent and operational assistance, and studies eralua- ting the needs of, and developing potentialities for, economic reco~ery

88 STAT. 1 PUBLIC LAW 93-2884JAY 22,1974 163

of such areas. Such assistance ]nay be provided by tlw Presiclcnt directly, through the pa.;ment of f uicls authorizrd for this title to other departments or agencies of the Federal Govern~nent. througll the employment of prlvtlte indiriduals, partnerdlips. firms. corporation.-;. o r suitable instit::tions, under contracts cnter.~cl into for ~ u c h purposes. o r through grants-in-aicl to appropriatr public or. private ~ i o ~ p r o f i t State, area, district, or local organizatious.

" (b) The President is anthorizecl to make grants to clefra? not to Grants f o r

exceed 75 per cerltum of the ndministr.nti\-tt expenses of Iieco\erv " , d , ~ ~ ~ ~ ~ " " " " Planning Councils clesignatcd pursuant to section S O h f this Act. I n determining the amount of the nun-Feclrfill share of such c o i t ~ or expenses, the President s h l I gi\-e due con~icleration to all coritribu- tions both in cash and in liind. f a i r 1 evnlu:itrcl, i r ~ l i ~ d i n g but not limited to space, equipment, and services. Where practicnble,. gral!ts- in-aid authorized nncler this subsection shall be uied in conjunction with other available planning grants, to assure ~ d r q n a t e and eflcctire planning and economical use of funds.

'"SEC. 806. There is authorized to be anypropriatcd not to exceed 4 2 usc 3236.

$250,000,000 to carry out this title.".

T I T L E VI-MISCELL:1NEOUS

AUTHORITY TO PRESCRIBE RULES

SEC. 601. The President may prescribe such rules and regulations as 42 usc 5201.

may be necessary ancl proper to carry out any of the provisions of this Aot, and he may exercise any power or authority conferred on him by any section of this Act either directly or through such FecZeral agency or agencies as he may designate.

TECHNICAL AMENDMENTS

SEC. 602. ( a ) Section 701 (a) (3) (B) (ii) of the Housing Act of 1954 (40 U.S.C. 461 ( a ) (3 ) (B) jii) ) is nmencled to read as follows: "(ii) have suffered substantial damage as a result of a major disaster as declared by the President pursuant to the Disaster Relief Act of 1914 ;".

(b) Section 8 (b) (2) of the Sational Housing Act (12 7T.S.C. 1106c (b) (2) ) is amended by striking out of the last proviso "section 102 (1) of the Dlsaster Relief Act of 1970" and inserting in lien thereof "sections 102(2) and 301 of the Disaster Relief Act of 197-1".

(c) Section 203(h) of the National Housing Act (12 U.S.C. 1709 (h) ) is amended by striking out "section 102 (1) of the Disaster Relief Act of 1970" and inserting In lieu thereof "sections 102((2) and 301 of the Disaster Relief Act of 1974".

(d) Section 221(f) of the National Housing Act (12 U.S.C. 17151 ( f ) ) is amended by striking out of the last paragraph "the Disaster Relief Act of 1970" and inserting in lieu thereof .'the Disnster Relief Act of 1974".

(e) section ? ( a ) (1) (A) of the Act of September 30. 1930 (Public Law S(4. Eighty-first Congress, as amended: 20 O.S.C. .-'&l-l(a) (1) (-4)). is amended bv striking out .'pursuant to section l (E(1) of the Disaster Relief ,%ct of 19f0" and inserting in lieu thereof "pur-suant to sections 102(2) and 301 of the Disaster Relief Act of 1974". Ante, pp. 144,

146.

Ante. pp. 144. 146.

42 USC 4401 note.

42 U S C 4451; 38 U S C 1820; 4 2 USC 4453- 4456.

4 2 U S C 4401 notes, 4434 note.

42 U S C 4401 note.

86 Stat. 554.

42 U S C 5121 note.

42 USC 5202.


( f ) Section 16(a) of the Act of September 23, 1950 (79 Stat. 1158: 20 G.S.C. 64G(a) ) is amended by striking out "section 102(1) of the Disaster Relief -1ct of 1970" and inserting in lieu thereof .'sections 103 (2) and 301 of the Disaster Relief Act of 1071".

(g) Section 10S(a) of the Higher 1~:clucation Facilities Act of 1963 (!O U.S.C. 758 (a) ) is amended by striliing out "section 102 (1) of the Dlsaster Relief Bct of 1970" and inserting in lieu thereof "sections 102(2) and 301 of the Disaster Relief Llct of 1971".

(11) Section 165(h) of thc I~ltcrnal Iic.venue Code of 1954, relating to disaster losses (26 U.S.C. 165 (11) ) is amended by striking out "1970" and inserting in lieu thereof "1974".

( i ) Section 5OG4(a) of the Internal Revenue Code of 1954 (26 U.S.C. 5064 (a ) ) , relating to losses caused by disaster, is amended by strikinp out "the Disaster Relief S c t of 1970" and inserting in lieu thereo8"the Disaster Relief Act of 1974".

( j ) Section 57OS(a) of the Internal Revenue Code of 1954 (26 U.S.C. 5708 (a) ), relating to losses caused by disaster, is amended by striking out "the Disaster Iielief i4ct of 1970" and inserting in lieu thereof "the Disaster Relief Act of 1974".

(k ) Section 3 of the Act of June 30,1954 (68 Stat. 330, as amended by S2 Stat. 1213; 48 1J.S.C. 1681 nt.), is amended by striking out of the last sentence %ection 103(1) of the Disaster Relief ,4ct of 1970" and inserting in lieu thereof '*sections 102(2) and 301 of the Disaster Relief Act of 1974".

(1) Section 1820(f) of title 38, ITnited States Code, is amended by strilrinq "the Disaster Assistance Act of 1970" and inserting in lieu thereof "the Disaster Relief Act of 1974".

(m) Whenever reference is made in any provision of law (other than this Act), regulation, rule, record, or document of the United States to provisions of the Disaster Relief ,4ct of 1970 (84 Stat. 1744), repealed by this Act such reference shall be deemed to be a reference to the appropriate provision of this Act.

REPEAL O F EXIS'I'ING LAW

SEC. 603. The Disaster Relief ,4ct of 1910, as amended (84 Stat. 1744), is hereby repealed, except sections 231, 233, 231, 235, 236, 237, 301, 302, 303, and 304. Notwithstanding such repeal the provisions of the Disaster Relief ,4ct of 1970 shall continue in effect with respect to any major disaster declared prior to the enactment of this Act.

PRIOR ALLOCATTON OF FUNDS

SEC. 604. Funds heretofore appropriated and available under Public Laws 91-606, as amended, and 99-385 shall continue to be available for the purpose of providing assistance under those Acts as well as for the purposes of this Act.

EFFECTIFE DATE

SEC. 605. Except for section 408, this Act shall take effect as of April 1, 1974.

SEC. 606. Except as provided by the amendment made by section 601, there are authorizecl to be appropriated to the President such sums as ma1 be necessary to carry out this Act through the close of June 30, 19i7.

Appro1,ed May 22, 1974.

stat. 1 public lab 93-288-may 22, - hsdl

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