
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: 42USC5170b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 68--DISASTER RELIEF
 
            SUBCHAPTER IV--MAJOR DISASTER ASSISTANCE PROGRAMS
 
Sec. 5170b. Essential 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 chapter.

              (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 subchapter or 
    subchapter IV-A of this chapter, 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, 
    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 
    chapter.

                          (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 November 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 chapter.

                           (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.

        (B) Emergency work

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

(Pub. L. 93-288, title IV, Sec. 403, as added Pub. L. 100-707, title I, 
Sec. 106(a)(3), Nov. 23, 1988, 102 Stat. 4697.)


                            Prior Provisions

    A prior section 403 of Pub. L. 93-288 was renumbered section 407 by 
Pub. L. 100-707 and is classified to section 5173 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 5159, 5172, 5189, 5204a, 
5204c of this title; title 16 section 3505.
