
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 207]
[CITE: 42USC5184]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 68--DISASTER RELIEF
 
            SUBCHAPTER IV--MAJOR DISASTER ASSISTANCE PROGRAMS
 
Sec. 5184. Community disaster loans

    (a) The President is authorized to make loans to any local 
government which may suffer a substantial loss of tax and other revenues 
as a result of a major disaster, and has demonstrated a need for 
financial assistance in order to perform its governmental functions. The 
amount of any such loan shall be based on need, and shall not exceed 25 
per centum of the annual operating budget of that local government for 
the fiscal year in which the major disaster occurs. Repayment of all or 
any part of such loan to the extent that revenues of the local 
government during the three full fiscal year period following the major 
disaster are insufficient to meet the operating budget of the local 
government, including additional disaster-related expenses of a 
municipal operation character shall be cancelled.
    (b) Any loans made under this section shall not reduce or otherwise 
affect any grants or other assistance under this chapter.

(Pub. L. 93-288, title IV, Sec. 417, formerly Sec. 414(a), (b), May 22, 
1974, 88 Stat. 158; renumbered Sec. 417, Pub. L. 100-707, title I, 
Sec. 106(j), Nov. 23, 1988, 102 Stat. 4705.)

                          Codification

    Prior to renumbering as section 417, section 414 of Pub. L. 93-288 
contained a subsec. (c) which was repealed by Pub. L. 97-258, Sec. 5(b), 
Sept. 13, 1982, 96 Stat. 1082.


                            Prior Provisions

    A prior section 417 of Pub. L. 93-288 was renumbered section 420 by 
Pub. L. 100-707 and is classified to section 5187 of this title.


                   Community Emergency Drought Relief

    Pub. L. 95-31, title I, May 23, 1977, 91 Stat. 169, provided: ``That 
this Act be cited as the `Community Emergency Drought Relief Act of 
1977'.
    ``Sec. 101. (a) Upon the application of any State, political 
subdivision of a State, Indian tribe, or public or private nonprofit 
organization, the Secretary of Commerce is authorized to make grants and 
loans to applicants in drought impacted areas for projects that 
implement short-term actions to augment community water supplies where 
there are severe problems due to water shortages. Such assistance may be 
for the improvement, expansion, or construction of water supplies, and 
purchase and transportation of water, which in the opinion of the 
Secretary of Commerce will make a substantial contribution to the relief 
of an existing or threatened drought condition in a designated area.
    ``(b) The Secretary of Commerce may designate any area in the United 
States as an emergency drought impact area if he or she finds that a 
major and continuing adverse drought condition exists and is expected to 
continue, and such condition is causing significant hardships on the 
affected areas.
    ``(c) Eligible applicants shall be those States or political 
subdivisions of States with a population of ten thousand or more, Indian 
tribes, or public or private nonprofit organizations within areas 
designated pursuant to subsection (b) of this section.
    ``(d) Projects assisted under this Act shall be only those with 
respect to which assurances can be given to the satisfaction of the 
Secretary of Commerce that the work can be completed by April 30, 1978, 
or within such extended time as the Secretary may approve in exceptional 
circumstances.
    ``Sec. 102. Grants hereunder shall be in an amount not to exceed 50 
per centum of allowable project costs. Loans shall be for a term not to 
exceed 40 years at a per annum interest rate of 5 per centum and shall 
be on such terms and conditions as the Secretary of Commerce shall 
determine. In determining the amount of a grant assistance for any 
project, the Secretary of Commerce may take into consideration such 
factors as are established by regulation and are consistent with the 
purposes of this Act.
    ``Sec. 103. In extending assistance under this Act the Secretary 
shall take into consideration the relative needs of applicant areas for 
the projects for which assistance is requested, and the appropriateness 
of the project for relieving the conditions intended to be alleviated by 
this Act.
    ``Sec. 104. The Secretary of Commerce shall have such powers and 
authorities under this Act as are vested in the Secretary by sections 
701 and 708 of the Public Works and Economic Development Act of 1965, as 
amended [sections 3211 and 3218 of this title], with respect to that Act 
[section 3121 et seq. of this title].
    ``Sec. 105. The National Environmental Protection Act of 1969, as 
amended [section 4321 et seq. of this title], shall be implemented to 
the fullest extent consistent with but subject to the time constraints 
imposed by this Act, and the Secretary of Commerce when making the final 
determination regarding an application for assistance hereunder shall 
give consideration to the environmental consequences determined within 
that period.
    ``Sec. 106. (a) There is hereby authorized to be appropriated for 
the fiscal year ending September 30, 1977, $225,000,000 of which sum 
$150,000,000 is to be for the loan program herein, including 
administration thereof, and $75,000,000 of which is to be used for the 
grant program herein, including administration thereof, and such 
additional amounts for the fiscal year ending September 30, 1978, as may 
be reasonably needed for administrative expenses in monitoring and 
closing out the program authorized by the Act. Funds authorized by this 
Act shall be obligated by December 31, 1977.
    ``(b) Funds available to the Secretary for this Act shall be 
available for expenditure for drought impact projects conducted 
heretofore by eligible applicants during fiscal year 1977 if such 
projects are found to be compatible with the broad purposes of this 
Act.''
