
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-390 Section 302]
[CITE: 42USC5122]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 68--DISASTER RELIEF
 
          SUBCHAPTER I--FINDINGS, DECLARATIONS, AND DEFINITIONS
 
Sec. 5122. Definitions

    As used in this chapter--
    (1) Emergency.--``Emergency'' means any occasion or instance for 
which, in the determination of the President, Federal assistance is 
needed to supplement State and local efforts and capabilities to save 
lives and to protect property and public health and safety, or to lessen 
or avert the threat of a catastrophe in any part of the United States.
    (2) Major disaster.--``Major disaster'' means any natural 
catastrophe (including any hurricane, tornado, storm, high water, 
winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, 
landslide, mudslide, snowstorm, or drought), or, regardless of cause, 
any fire, flood, or explosion, in any part of the United States, which 
in the determination of the President causes damage of sufficient 
severity and magnitude to warrant major disaster assistance under this 
chapter to supplement the efforts and available resources of States, 
local governments, and disaster relief organizations in alleviating the 
damage, loss, hardship, or suffering caused thereby.
    (3) ``United States'' means the fifty States, the District of 
Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
Northern Mariana Islands, 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 
Northern Mariana Islands, or the Trust Territory of the Pacific Islands.
    (5) ``Governor'' means the chief executive of any State.
    (6) ``Local government'' means (A) any county, city, village, town, 
district, or other political subdivision of any State, any Indian tribe 
or authorized tribal organization, or Alaska Native village or 
organization, and (B) includes any rural community or unincorporated 
town or village or any other public entity for which an application for 
assistance is made by a State or political subdivision thereof.
    (7) ``Federal agency'' means any department, independent 
establishment, Government corporation, or other agency of the executive 
branch of the Federal Government, including the United States Postal 
Service, but shall not include the American National Red Cross.
    (8) Public facility.--``Public facility'' means the following 
facilities owned by a State or local government:
        (A) Any flood control, navigation, irrigation, reclamation, 
    public power, sewage treatment and collection, water supply and 
    distribution, watershed development, or airport facility.
        (B) Any non-Federal-aid street, road, or highway.
        (C) Any other public building, structure, or system, including 
    those used for educational, recreational, or cultural purposes.
        (D) Any park.

    (9) Private nonprofit facility.--``Private nonprofit facility'' 
means private nonprofit educational, utility, emergency, medical, 
rehabilitational, and temporary or permanent custodial care facilities 
(including those for the aged and disabled), other private nonprofit 
facilities which provide essential services of a governmental nature to 
the general public, and facilities on Indian reservations as defined by 
the President.

(Pub. L. 93-288, title I, Sec. 102, May 22, 1974, 88 Stat. 144; Pub. L. 
100-707, title I, Sec. 103(b)-(d), (f), Nov. 23, 1988, 102 Stat. 4689, 
4690; Pub. L. 102-247, title II, Sec. 205, Feb. 24, 1992, 106 Stat. 38.)


                               Amendments

    1992--Pars. (3), (4). Pub. L. 102-247 inserted ``the Northern 
Mariana Islands,'' after ``American Samoa,''.
    1988--Par. (1). Pub. L. 100-707, Sec. 103(b), inserted heading and 
amended text generally. Prior to amendment, text read as follows: `` 
`Emergency' means any hurricane, tornado, storm, flood, high water, 
wind-driven water, 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.''
    Par. (2). Pub. L. 100-707, Sec. 103(c), inserted heading and amended 
text generally. Prior to amendment, text read as follows: `` `Major 
disaster' means any hurricane, tornado, storm, flood, high water, wind-
driven water, tidal wave, tsunami, earthquake, volcanic eruption, 
landslide, mudslide, snowstorm, drought, fire, explosion, or other 
catastrophe in any part of the United States which, in the determination 
of the President, causes damage of sufficient severity and magnitude to 
warrant major disaster assistance under this chapter, 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 damage, loss, hardship, or 
suffering caused thereby.''
    Pars. (3), (4). Pub. L. 100-707, Sec. 103(d), struck out ``the Canal 
Zone,'' after ``American Samoa,''.
    Pars. (8), (9). Pub. L. 100-707, Sec. 103(f), added pars. (8) and 
(9).

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.


                            Local Government

    Section 103(e) of Pub. L. 100-707 provided that:
    ``(1) In general.--The term `local government' is deemed to have the 
same meaning in the Disaster Relief and Emergency Assistance Act [Pub. 
L. 93-288, see Short Title note set out under section 5121 of this 
title], as amended by this Act [see Short Title of 1988 Amendment note 
set out under section 5121 of this title], as that term had on October 
1, 1988, under section 102(6) of the Disaster Relief Act of 1974 [par. 
(6) of this section] and regulations implementing the Disaster Relief 
Act of 1974.
    ``(2) Termination of effectiveness.--Paragraph (1) shall not be 
effective on and after the 90th day after the President transmits to the 
Committee on Public Works and Transportation of the House of 
Representatives and to the Committee on Environment and Public Works of 
the Senate a report which includes an interpretation of the term `local 
government' for purposes of the Disaster Relief and Emergency Assistance 
Act, as amended by this Act.''
    [Functions of President under section 103(e)(2) of Pub. L. 100-707 
delegated to Director of Federal Emergency Management Agency by section 
3 of Ex. Ord. No. 12673, Mar. 23, 1989, 54 F.R. 12571, set out as a note 
under section 5195 of this title.]

                  Section Referred to in Other Sections

    This section is referred to in section 4625 of this title; title 12 
section 1706c; title 19 section 1313; title 29 sections 1784, 2918.
