SUBCHAPTER IV--MAJOR DISASTER ASSISTANCE PROGRAMS

{401} 5170.  Procedure for declaration

     All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State.  Such a request shall be based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary.  As part of such request, and as a prerequisite to major disaster assistance under this chapter, the Governor shall take appropriate response action under State law and direct execution of the State's emergency plan.  The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this chapter. Based on the request of a Governor under this section, the President may declare under this chapter that a major disaster or emergency exists.

{402} 5170a.  General Federal Assistance

 In any major disaster, the President may--

 (1) direct any Federal agency, with or without reimbursement,  to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) in support of State and local assistance efforts;
 (2) coordinate all disaster relief assistance (including
 voluntary assistance) provided by Federal agencies, private organizations, and State and local governments;
 (3) provide technical and advisory assistance to affected State
 and local governments for--

 (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 information;
  (D) provision of health and safety measures; and
  (E) management, control, and reduction of immediate threats to public health and safety; and

   (4) assist State and local governments in the distribution of medicine, food, and other consumable supplies, and emergency assistance.

  (a) In general

  Federal agencies may on the direction of the President, provide assistance essential to meeting immediate threats to life and property resulting from a major disaster, as follows:
  (1) Federal resources, generally

   Utilizing, lending, or donating to State and local governments Federal equipment, supplies, facilities, personnel, and other resources, other than the extension of credit, for use or distribution by such governments in accordance with the purposes of this Act.

  (2) Medicine, food, and other consumables

   Distributing or rendering through State and local governments, the    American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief and disaster assistance organizations medicine, food, and other consumable supplies, 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 essential to saving lives and protecting and   preserving property or public health and safety, including--

(A) debris removal;
(B) search and rescue, emergency medical care, emergency    mass care, emergency shelter, and provision of food,    water, medicine, and other essential needs, including    movement of supplies or persons;
(C) clearance of roads and construction of temporary    bridges necessary to the performance of emergency tasks    and essential community services;
(D) provision of temporary facilities for schools and    other essential community 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 health and safety measures;
(H) provision of technical advice to State and local    governments on disaster management and control; and
(I) reduction of immediate threats to life, property, and    public health and safety.

     (4) Contributions

 Making contributions to State or local governments or owners or  operators of private nonprofit facilities for the purpose of   carrying out the provisions of this subsection.

(b) Federal share

       The Federal share of assistance under this section shall be not    less than 75 percent of the eligible cost of such assistance.

(c) Utilization of DOD resources

(1) General rule

During the immediate aftermath of an incident which may ultimately qualify for assistance under this title or title V of this Act [42 U.S.C.  5170 et seq. or 5191 et seq.], the Governor of the State in which such incident occurred may request the President to direct the Secretary of Defense to utilize the resources of the Department of Defense for the purpose of performing on public and private lands any emergency work which is made necessary by such incident and which is essential for the preservation of life and property. If the President determines that such work is essential for the preservation of life and property, the President shall grant such request to the extent the President determines practicable. Such emergency work 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 shall be subject to section 5173(b) of this title [42 U.S.C. 5173(b)], relating to unconditional 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 reimbursed 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 than 75 percent.

  (5) Guidelines

Not later than 180 days after the date of the enactment of the Disaster Relief and Emergency Assistance Amendments of 1988 [enacted Nov. 23, 1988], the President shall issue guidelines for carrying out this subsection. Such guidelines shall consider any likely effect assistance under this subsection will have on the availability of other 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 "department" has under section 101 of title 10, United States Code.

    (B) Emergency work

      The term "emergency work" includes clearance and removal of   debris and wreckage and temporary restoration of essential public   facilities and services.

(a) In General.

The President may contribute up to 75 percent of the cost of hazard
mitigation measures which the President has determined are
cost-effective and which substantially reduce the risk of future damage,  hardship, loss, or suffering in any area affected by a major disaster. Such measures shall be identified following the evaluation of natural hazards under section 5176 of this title and shall be subject to approval by the President. The total of contributions under this section for a major disaster shall not exceed 15 percent of the estimated aggregate amount of grants to be made (less any associated administrative costs) under this chapter with respect to the major disaster.

(b)  Property acquisition and relocation assistance.--

  (1) General authority.
  In providing hazard mitigation assistance under this section in
  connection with flooding, the Director of the Federal Emergency
  Management Agency may provide property acquisition and relocation
  assistance for projects that meet the requirements of paragraph (2).
  (2)  Terms and conditions.
       An acquisition or relocation project shall be eligible to    receive assistance pursuant to paragraph (1) only if--

(A)  the applicant for the assistance is otherwise eligible to receive assistance under the hazard mitigation grant program    established under subsection (a) of this section; and
(B)  on or after December 3, 1993, the applicant for the assistance enters into an agreement with the Director that    provides assurances that--

(i)  any property acquired, accepted, or from which a structure will be removed pursuant to the project will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices;

(ii)  no new structure will be erected on property acquired, accepted or from which a structure was removed under the acquisition or relocation program other than--

(I)  a public facility that is open on all sides and functionally related to a designated open space;
(II)  a rest room; or
(III)  a structure that the Director approves in writing  before the commencement of the construction of the structure; and

      (iii)  after receipt of the assistance, with respect to   any property acquired, accepted or from which a structure        was removed under the acquisition or relocation program--

(I)  no subsequent application for additional disaster assistance for any purpose will be made by the recipient to  any Federal entity; and
(II)  no assistance referred to in subclause (I) will be provided to the applicant by any Federal source.

(3)  Statutory construction

     Nothing in this subsection is intended to alter or otherwise affect an agreement for an acquisition or relocation project carried out pursuant to this section that was in effect on December 3, 1993.

      (a) Repair, reconstruction, restoration or replacement of United States facilities

     The President may authorize any Federal agency to repair, reconstruct, restore, or replace any facility owned by the United States and under the jurisdiction of such agency which is damaged or destroyed by any major disaster if he determines that such repair, reconstruction, restoration, or replacement is of such importance and urgency that it 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 committee approval.  (b) Availability of funds appropriated to agency for repair, reconstruction, restoration, or replacement of agency facilities

     In 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 funds 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) Steps for mitigation of hazards

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

     (a) Contributions

      The President may make contributions--

     (1) to a State or local government for the repair, restoration, reconstruction, or replacement of a public facility which is damaged or  destroyed by a major disaster and for associated expenses incurred by such  government;  and
     (2) to a person who owns or operates a private nonprofit facility damaged or destroyed by a major disaster for the repair, restoration, reconstruction, or replacement of such facility and for associated expenses incurred by such  person.

 (b) Minimum Federal share
       The Federal share of assistance under this section shall be not    less than--

 (1) 75 percent of the net eligible cost of repair, restoration,    reconstruction, or replacement carried out under this section;
(2) 100 percent of associated expenses described in subsections    (f)(1) and (f)(2) of this section;  and
(3) 75 percent of associated expenses described in subsections    (f)(3), (f)(4), and (f)(5) of this section.

    (c) Large in lieu contributions

       (1) For public facilities
     In any case where a State or local government determines that the public  welfare would not be best served by repairing, restoring, reconstructing, or  replacing any public facility owned or controlled by such State or local  government, it may elect to receive, in lieu of a contribution under  subsection (a)(1) of this section, a contribution of not to exceed 90 percent  of the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing such facility and of associated  expenses.  Funds contributed under this subsection may be used to repair,  restore, or expand other selected public facilities, to construct new  facilities, or to fund hazard mitigation measures which the State or local  government determines to be necessary to meet a need for governmental services  and functions in the area affected by the major disaster.
       (2) For private nonprofit facilities
     In any case where a person who owns or operates a private nonprofit facility determines that the public welfare would not be best served by repairing,  restoring, reconstructing, or replacing such facility, such person may elect  to receive, in lieu of a contribution under subsection (a)(2) of this section, a contribution of not to exceed 90 percent of the Federal share of the Federal  estimate of the cost of repairing, restoring, reconstructing, or replacing  such facility and of associated expenses.  Funds contributed under this  subsection may be used to repair, restore, or expand other selected private  nonprofit facilities owned or operated by such person, to construct new private nonprofit facilities to be owned or operated by such person, or to  fund hazard mitigation measures which such person determines to be necessary  to meet a need for its services and functions in the area affected by the major disaster.

       (3) Restriction on use for State or local contribution

 Funds provided under this subsection shall not be used for any
 State or local government cost-sharing contribution required   under this chapter.

(d) Flood insurance
       (1) Reduction of Federal assistance

 If a public facility or private nonprofit facility located in a
 special flood  hazard area identified for more than 1 year by the Director pursuant to the  National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is damaged or  destroyed, after the 180th day following November 23, 1988, by flooding in a  major disaster and such facility is not covered on the date of such flooding  by flood insurance, the Federal assistance which would otherwise be available  under this section with respect to repair, restoration, reconstruction, and  replacement of such facility and associated 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 respect to a facility shall be the lesser of--
  (A) the value of such facility on the date of the flood damage
  or  destruction, or

  (B) the maximum amount of insurance proceeds which would have
  been payable with respect to such facility if such facility    had been covered by flood insurance under the National Flood    Insurance Act of 1968 [42 U.S.C. 4001 et seq.] on such date.

       (3) Exception

 Paragraphs (1) and (2) shall not apply to a private nonprofit
 facility which is not covered by flood insurance solely because   of the local government's failure to participate in the flood   insurance program established by the National Flood Insurance   Act.

       (4) Dissemination of information

 The President shall disseminate information regarding the  reduction in Federal assistance provided for by this subsection   to State and local governments and the owners and operators of   private nonprofit facilities who  may be affected by such a   reduction.

(e) Net eligible cost
       (1) General rule

       For purposes of this section, the cost of repairing, restoring,    reconstructing, or replacing a public facility or private nonprofit facility on the basis of the design of such facility as it existed immediately prior to  the major disaster and in conformity with current applicable codes, specifications, and standards (including floodplain management and hazard  mitigation criteria required by the President or by the Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.)) shall, at a minimum, be treated as the  net eligible cost of such repair, restoration, reconstruction, or replacement.

       (2) Special rule

 In any case in which the facility being repaired, restored,
 reconstructed, or replaced under this section was under construction on the date of the major disaster, the cost of repairing, restoring, reconstructing, or replacing such facility shall include, for purposes of this section, only those costs which, under the contract for such construction, are the owner's responsibility and not the contractor's responsibility.

(f) Associated expenses
       For purposes of this section, associated expenses include the    following:

 (1) Necessary costs
       Necessary costs of requesting, obtaining, and administering    Federal  assistance based on a percentage of assistance provided    as follows:

  (A) For an applicant whose net eligible costs equal less than $100,000, 3 percent of such net eligible costs.
  (B) For an applicant whose net eligible costs equal $100,000 or more but less than $1,000,000, $3,000 plus 2 percent of such net eligible costs in excess of $100,000.
  (C) For an applicant whose net eligible costs equal $1,000,000 or more but less than $5,000,000, $21,000 plus 1 percent of such net eligible costs in excess of $1,000,000.
  (D) For an applicant whose net eligible costs equal $5,000,000 or more, $61,000 plus 1/2 percent of such net eligible costs in excess of $5,000,000.

(2) Extraordinary costs
 Extraordinary costs incurred by a State for preparation of
 damage survey reports, final inspection reports, project applications, final audits, and  related field inspections by State employees, including overtime pay and per  diem and travel expenses of such employees, but not including pay for regular time of such employees, based on the total amount of assistance provided under  sections 5170b, 5170c, 5172, 5173, 5192 and 5193 of this title in such State  in connection with the major disaster as follows:

  (A) If such total amount is less than $100,000, 3 percent of
  such total amount.
  (B) If such total amount is $100,000 or more but less than
  $1,000,000, $3,000 plus 2 percent of such total amount in  excess of $100,000.
  (C) If such total amount is $1,000,000 or more but less than $5,000,000, $21,000 plus 1 percent of such total amount in excess of $1,000,000.
  (D) If such total amount is $5,000,000 or more, $61,000 plus 1/2 percent of such total amount in excess of $5,000,000.

       (3) Costs of National Guard

       The costs of mobilizing and employing the National Guard for    performance of eligible work.

       (4) Costs of prison labor

       The costs of using prison labor to perform eligible work, including wages actually paid, transportation to a worksite, and extraordinary costs of guards, food, and lodging.

       (5) Other labor costs

       Base and overtime wages for an applicant's employees and extra    hires performing eligible work plus fringe benefits on such wages to the extent that  such benefits were being paid before the disaster.

(a) Presidential authority
       The President may make contributions--

 (1) through the use of Federal departments, agencies, and  instrumentalities, to clear debris and wreckage resulting from   a major disaster from publicly and privately owned lands and   waters; and

(2) to make grants to any State or local government or owner or    operator of a private nonprofit facility for the purpose of removing debris or wreckage  resulting from a major disaster from publicly or privately owned lands and  waters.

(b) Authorization by State or local government;  indemnification agreement

No authority under this section shall be exercised unless the    affected State or local government shall first arrange an unconditional authorization for removal of such debris or wreckage from public and private property, and, in the case of removal of debris or wreckage from private property, shall first agree to indemnify the Federal Government against any claim arising from such removal.

(c) Rules relating to large lots

The President shall issue rules which provide for recognition of differences existing among urban, suburban, and rural lands in implementation of this section so as to facilitate adequate 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 percent of the eligible cost of debris and wreckage removal carried out under this section.

(a) Provision of temporary housing

(1) In general
 The President may--
(A) provide, by purchase or lease, temporary housing (including unoccupied habitable dwellings), suitable rental housing, mobile homes, or other readily fabricated dwellings to persons who, as a result of a major disaster, require temporary housing;  and  (B) reimburse State and local governments in accordance with  paragraph (4) for the cost of sites provided under paragraph (2).

(2) Mobile home site

  (A) In general
 Any mobile home or other readily fabricated dwelling provided  under this section shall whenever possible be located on a site   which--

    (i) is provided by the State or local government;  and
    (ii) has utilities provided by the State or local
government, by the owner of the site, or by the occupant who      was displaced by the major disaster.

  (B) Other sites
 Mobile homes and other readily fabricated dwellings may be located on sites provided by the President if the President   determines that such sites would   be more economical or   accessible than sites described in subparagraph (A).

(3) Period

 Federal financial and operational assistance under this section  shall continue for not longer than 18 months after the date of  the major disaster  declaration by the President, unless the President determines that due to  extraordinary circumstances it   would be in the public interest to extend such  18-month period.

(4) Federal share

 The Federal share of assistance under this section shall be 100  percent;  except that the Federal share of assistance under   this section for  construction and site development costs (including installation of utilities)  at a mobile home group site shall be 75 percent of the eligible cost of such  assistance.  The State or local government receiving assistance under this  section shall pay any cost which is not paid for from the Federal share.

(b) Temporary mortgage and rental payments
       The President is authorized to provide assistance on a temporary    basis in the form of mortgage or rental payments to or on behalf of individuals and families who, as a result of financial hardship caused by a major disaster, have received written notice of dispossession or eviction from a residence by reason of a foreclosure of any mortgage or lien, cancellation of any contract of sale, or termination of any lease, entered into prior to such disaster.  Such assistance shall be provided for the duration of the period of financial hardship but not to exceed 18 months.

(c) In lieu expenditures
       In lieu of providing other types of temporary housing after a    major disaster, the President is authorized to make expenditures for the purpose of repairing or restoring to a habitable condition owner-occupied private residential structures made uninhabitable by a major disaster which are capable of being restored quickly to a habitable condition.

(d) Transfer of temporary housing

(1) Direct sale to occupants

       Notwithstanding any other provision of law, any temporary    housing acquired by purchase may be sold directly to individuals and families who are occupants of temporary housing at prices that are fair and equitable, as determined by the President.

(2) Transfers to states, local governments, and voluntary    organizations

 The President may sell or otherwise make available temporary
 housing units directly to States, other governmental entities, and voluntary organizations.  The President shall impose as a condition of transfer under this paragraph a covenant to comply with the provisions of section 308 [42 U.S.C.  5171] requiring nondiscrimination in occupancy of such temporary housing units. Such disposition shall be limited to units purchased under the provisions of subsection (a) of this section and to the purposes of providing temporary housing for disaster victims in major disasters or emergencies.

(e) Notification

(1) In general
 Each person who applies for assistance under this section shall  be notified regarding the type and amount of any assistance for which such person  qualifies.  Whenever practicable, such notice shall be provided within 7 days  after the date of submission of such application.
(2) Information
 Notification under this subsection shall provide information
 regarding--

  (A) all forms of such assistance available;
  (B) any specific criteria which must be met to qualify for
  each type of   assistance that is available;
  (C) any limitations which apply to each type of assistance;
  and
  (D) the address and telephone number of offices responsible for responding   to--

   (i) appeals of determinations of eligibility for assistance;
   and
   (ii) requests for changes in the type or amount of assistance provided.

(f) Location
       In providing assistance under this section, consideration shall    be given to the location of and travel time to--

 (1) the applicant's home and place of business;
 (2) schools which the applicant or members of the applicant's
 family who reside with the applicant attend;  and
 (3) crops or livestock which the applicant tends in the course
 of any involvement in farming which provides 25 percent or more of the applicant's  annual income.

     Pub.L. 100-707, Title I,   105(m)(2), Nov. 23, 1988, 102   Stat. 4696

{409} 5176.  Minimum standards for public and private structures

     As a condition of any disaster loan or grant made under the provisions of this chapter, the recipient shall agree that any repair or construction to be financed therewith shall be in accordance with applicable standards of safety, decency, and sanitation and in conformity with applicable codes, specifications, and standards, and shall furnish such evidence of compliance with this section as may be required by regulation.  As a further condition of any loan or grant made under the provisions of this chapter, the State or local government shall agree that the natural hazards in the areas in which the proceeds of the grants or loans are to be used shall be evaluated and appropriate action shall be taken to mitigate such hazards, including safe land-use and construction practices, in accordance with standards prescribed or approved by the President after adequate consultation with the appropriate elected officials of general purpose local governments, and the State shall furnish such evidence of compliance with this section as may be required by regulation.

(a) Benefit assistance

     The President is authorized to provide to any individual unemployed as a result of a major disaster such benefit assistance as he deems appropriate while such individual is unemployed for the weeks of such unemployment with respect to which the individual is not entitled to any other unemployment compensation (as that term is defined in section 85(b) of Title 26) or waiting period credit.  Such assistance as the President shall provide shall be available to an individual as long as the individual's unemployment caused by the major disaster continues or until the individual is reemployed in a suitable position, but no longer than 26 weeks after the major disaster is declared. Such assistance for a week of unemployment shall not exceed the maximum weekly amount authorized under the unemployment compensation law of the State in which the disaster occurred.  The President is directed to provide such assistance through agreements with States which, in his judgment, have an adequate system for administering such assistance through existing State agencies.

(b) Reemployment assistance

(1) State assistance

 A State shall provide, without reimbursement from any funds provided under  this chapter, reemployment assistance services   under any other law  administered by the State to individuals   receiving benefits under this  section.

(2) Federal assistance

 The President may provide reemployment assistance services  under other laws  to individuals who are unemployed as a result   of a major disaster and who  reside in a State which does not   provide such services.

(a) In general

 The President is authorized to make a grant to a State for the purpose of making grants to individuals or families adversely affected by a major disaster for meeting disaster-related necessary expenses or serious needs of such individuals or families in those cases where such individuals or families are unable to meet such expenses or needs through assistance under other provisions of this chapter 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  shall be 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  condition that the remaining 25 percent of the cost is   paid to an individual  or family from funds made available by a   State.

(c) Regulations

The President shall promulgate regulations to carry out this section and such regulations shall include national criteria, standards, and procedures for the determination of eligibility for 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 to it under subsection (a) of this section for expenses of administering grants to individuals and families under this section.

(e) Administration through Governor

The Governor of a State shall administer the grant program    authorized by this section in the State.

(f) Limit on grants to individual

No individual or family shall receive grants under this section    aggregating more than $10,000 with respect to any single major disaster.  Such $10,000 limit shall annually be adjusted to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor.

(a) Persons eligible; terms and conditions

Whenever the President determines that, as a result of a major disaster, low- income households are unable to purchase adequate amounts of nutritious food, he is authorized, under such terms and conditions as he may prescribe, to distribute through the Secretary of Agriculture or other appropriate agencies coupon allotments to such households pursuant to the provisions of the Food Stamp Act of 1964 (Pub.L 91-671;  84 Stat. 2048) [7 U.S.C. 2011 et seq.] and to make surplus commodities available pursuant to the provisions of this chapter.

(b) Duration of assistance; factors considered

The President, through the Secretary of Agriculture or other appropriate agencies, is authorized to continue to make such coupon allotments and surplus commodities available to such households for so long as he determines necessary, taking into consideration such factors as he deems appropriate, including the consequences of the major disaster on the earning power of the households, to which assistance is made available under this section.

(c) Food Stamp Act provisions unaffected

Nothing in this section shall be construed as amending or otherwise changing the provisions of the Food Stamp Act of 1964 [7 U.S.C.A.   2011 et seq.] except as they relate to the availability of food stamps in an area affected by a major disaster.

     (a) Emergency mass feeding

     The President is authorized and directed to assure that adequate stocks of food will be ready and conveniently available for emergency mass feeding or distribution in any area of the United States which suffers a major disaster or emergency.

     The Secretary of Agriculture shall utilize funds appropriated under section 612c of Title 7, to purchase food commodities necessary to provide adequate supplies for use in any area of the United States in the event of a major disaster or emergency in such area.

Notwithstanding any other provision of law, no person otherwise eligible for any kind of replacement housing payment under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Pub.L 91-646) [42 U.S.C.   4601 et seq.] shall be denied such eligibility as a result of his being unable, because of a major disaster as determined by the President, to meet the occupancy requirements set by such Act.

Whenever the President determines that low-income individuals are unable to secure legal services adequate to meet their needs as a consequence of a major disaster, consistent with the goals of the programs authorized by this chapter, the President shall assure that such programs are conducted with the advice and assistance of appropriate Federal agencies and State and local bar associations.

       The President is authorized to provide professional counseling    services, including financial assistance to State or local agencies or private mental health organizations to provide such services or training of disaster workers, to victims of major disasters in order to relieve mental health problems caused or aggravated by such major disaster or its aftermath.

(a) The President is authorized to make loans to any local    government which may suffer a substantial loss of tax and other revenues as a result of a major disaster, and has demonstrated a 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 25 per centum of the annual operating budget of that local government for the fiscal year in which the major disaster occurs. Repayment of all or any part of such loan to the extent that revenues of the local government during the three full fiscal year period following the major disaster are insufficient to meet the operating budget of the local government, including additional disaster-related expenses of a municipal operation character shall be cancelled.
(b) Any loans made under this section shall not reduce or    otherwise affect any grants or other assistance under this chapter.

The President is authorized during, or in anticipation of, an    emergency or major disaster to establish temporary communications systems and to make such communications available to State and local government officials and other persons as he deems appropriate.

The President is authorized to provide temporary public transportation service in an area affected by a major disaster to meet emergency needs and to provide transportation to governmental offices, supply centers, stores, post offices, schools, major employment centers, and such other places as may be necessary in order to enable the community to resume its normal pattern of life as soon as possible.

The President is authorized to provide assistance, including grants, equipment, supplies, and personnel, to any State for the suppression of any fire on publicly or privately owned forest or grassland which threatens such destruction as would constitute a major disaster.

(a) Cost-sharing arrangement

Where an existing timber sale contract between the Secretary of Agriculture or the Secretary of the Interior and a timber purchaser does not provide relief from major physical change not due to negligence of the purchaser prior to approval of construction of any section of specified road or of any other specified development facility and, as a result of a major disaster, a major physical change results in additional construction work in connection with such road or facility by such purchaser with an estimated cost, as determined by the appropriate Secretary, (1) of more than $1,000 for sales under one million board feet, (2) of more than $1 per thousand board feet for sales of one to three million board feet, or (3) of more than $3,000 for sales over three million board feet, such increased construction cost shall be borne by the United States.

(b) Cancellation of authority

If the appropriate Secretary determines that damages are so great that restoration, reconstruction, or construction is not practical under the cost- sharing arrangement authorized by subsection (a) of this section, he may allow cancellation of a contract entered into by his Department notwithstanding contrary provisions therein.

(c) Public notice of sale

The Secretary of Agriculture is authorized to reduce to seven days the minimum period of advance public notice required by section 476 of Title 16, 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 area of a State damaged by a major disaster,
(2) the sale of such timber will assist in sustaining the economy of such area, or
(3) the sale of such timber is necessary to salvage the value of timber damaged in such major disaster or to protect undamaged timber.

(d) State grants for removal of damaged timber; reimbursement of expenses limited to salvage value of removed timber

{422}      5189. Simplified procedure

If the Federal estimate of the cost of--

(1) repairing, restoring, reconstructing, or replacing under    section 5172 of  this title any damaged or destroyed public    facility or private nonprofit  facility,
(2) emergency assistance under section 5170b or 5192 of this    title, or
(3) debris removed under section 5173 of this title,

is less than $35,000, the President (on application of the State or local government or the owner or operator of the private nonprofit facility) may make the contribution to such State or local government or owner or operator under section 5170b, 5172, 5173, or 5192 of this title, as the case may be, on the basis of such Federal estimate.  Such $35,000 amount shall be adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor.

(a) Right of appeal

Any decision regarding eligibility for, from, or amount of    assistance under this subchapter may be appealed within 60 days    after the date on which the applicant for 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) of this    section shall be rendered within 90 days after the date on which    the Federal official designated to administer such appeals    receives notice of such appeal.

 (c) Rules

 The President shall issue rules which provide for the fair and    impartial consideration of appeals under this section.

Eligibility for Federal assistance under this subchapter shall begin on the date of the occurrence of the event which results in a declaration by the President that a major disaster exists; except that reasonable expenses which are incurred in anticipation of and immediately preceding such event may be eligible for Federal assistance under this chapter.

The 2018 PAPPG (V3.0) is effective for all emergencies and major disasters declared on or after August 23, 2017. It supersedes the 2017 PAPPG (V2.0) which is effective for all emergencies and major disasters declared between April 1, 2017 and August 22, 2017. Proceeds from the sale of this book support the Disaster Center

DisasterCenter.com is happy to make the Federal Emergency Management Administration's (FEMA) Public Assistance Program and Policy Guide (PAPPG) V 3.0 available in a print format. FEMA Public Assistance (PA) provides grants to jurisdictions and certain non-profits for the costs of emergency response and for damages to permanent facilities damaged as a result of events that qualify for Presidential Disaster Declarations.   In terms of dollar amounts, FEMA's Public Assistance Program is the largest grant program that FEMA operates. FEMA PA can assist with local and State governments? emergency response efforts and in the restoration of public infrastructure after Presidential disaster declarations in the United States.