
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: 42USC5173]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 68--DISASTER RELIEF
 
            SUBCHAPTER IV--MAJOR DISASTER ASSISTANCE PROGRAMS
 
Sec. 5173. Debris removal


(a) Presidential authority

    The President, whenever he determines it to be in the public 
interest, is authorized--
        (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.

(Pub. L. 93-288, title IV, Sec. 407, formerly Sec. 403, May 22, 1974, 88 
Stat. 154; renumbered Sec. 407 and amended Pub. L. 100-707, title I, 
Sec. 106(c), Nov. 23, 1988, 102 Stat. 4701.)


                            Prior Provisions

    A prior section 407 of Pub. L. 93-288 was renumbered section 410 by 
Pub. L. 100-707 and is classified to section 5177 of this title.


                               Amendments

    1988--Subsec. (a)(2). Pub. L. 100-707, Sec. 106(c)(2), inserted ``or 
owner or operator of a private nonprofit facility'' after ``local 
government''.
    Subsecs. (c), (d). Pub. L. 100-707, Sec. 106(c)(3), added subsecs. 
(c) and (d).

                  Section Referred to in Other Sections

    This section is referred to in sections 5159, 5170b, 5172, 5189, 
5192, 5204c of this title.
