
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5170]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 68--DISASTER RELIEF
 
            SUBCHAPTER IV--MAJOR DISASTER ASSISTANCE PROGRAMS
 
Sec. 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.

(Pub. L. 93-288, title IV, Sec. 401, as added Pub. L. 100-707, title I, 
Sec. 106(a)(3), Nov. 23, 1988, 102 Stat. 4696.)

                       References in Text

    This chapter, referred to in text, was in the original ``this Act'', 
meaning Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as amended. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 5121 of this title and Tables.


                            Prior Provisions

    A prior section 401 of Pub. L. 93-288 was renumbered section 405 by 
Pub. L. 100-707 and is classified to section 5171 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 5204 of this title; title 10 
section 1063a; title 12 sections 1706c, 3352.
