42 U.S.C. § 5173 — Debris removal
submitted 52 years ago by Pub. L. 93-288 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 332 words · no verdicts yet
This section lets the President clear major-disaster debris and wreckage or give grants for that work. It requires State or local authorization for removal and sets a minimum Federal share and accelerated initial payments.
(a) Presidential authority. When the President decides it is in the public interest, the President may:
(1) use Federal departments, agencies, and other Federal bodies to clear major-disaster debris and wreckage from public and private land and water; and
(2) give grants to a State*, local government*, or owner* or operator of a private nonprofit facility* to remove that debris or wreckage.
(b) State or local authorization and indemnity. The President may use this authority only after the affected State or local government has arranged unconditional permission to remove debris or wreckage from public and private property. For removal from private property, the State or local government must also agree to protect the Federal Government against claims arising from the removal.
(c) Large lots. The President must issue rules recognizing differences among urban, suburban, and rural land so debris and wreckage can be adequately removed from large lots.
(d) Federal share. The Federal share must be at least 75 percent of the eligible removal cost.
(e) Expedited payments.
(1) Grant assistance. When making a grant under subsection (a)(2), the President must pay at least 50 percent of the President’s initial estimate of the Federal share as an initial payment.
(2) Date of payment. The initial payment must be made by the later applicable deadline: no later than 60 days after the estimate, and no later than 90 days after the State, local government, or private nonprofit facility owner or operator applies for assistance.
The President, whenever he determines it to be in the public interest, is authorized—
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
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.
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.
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.
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.
In making a grant under subsection (a)(2), the President shall provide not less than 50 percent of the President’s initial estimate of the Federal share of assistance as an initial payment in accordance with paragraph (2).
Not later than 60 days after the date of the estimate described in paragraph (1) and not later than 90 days after the date on which the State or local government or owner or operator of a private nonprofit facility applies for assistance under this section, an initial payment described in paragraph (1) shall be paid.
Source credit: (Pub. L. 93–288, title IV, § 407, formerly § 403, May 22, 1974, 88 Stat. 154; renumbered § 407 and amended Pub. L. 100–707, title I, § 106(c), Nov. 23, 1988, 102 Stat. 4701; Pub. L. 109–347, title VI, § 610, Oct. 13, 2006, 120 Stat. 1942.)
- 1974Enacted · Pub. L. 93-288 · 88 Stat. 154
- 1988Amended · Pub. L. 100-707 · 102 Stat. 4701
- 2006Amended · Pub. L. 109-347 · 120 Stat. 1942
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-288 on 1974-05-22.
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