42 U.S.C. § 5171 — Federal facilities

Page 6398 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5171 tion 404 pursuant to this subsection, no further Federal funding shall be provided for construction of such project.’’ GUIDANCE ON HAZARD MITIGATION ASSISTANCE Pub. L. 115–254, div. D, § 1231, Oct. 5, 2018, 132 Stat. 3459, provided that: ‘‘(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Admin- istrator [of the Federal Emergency Management Agen- cy] shall issue guidance regarding the acquisition of property for open space as a mitigation measure under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) that in- cludes— ‘‘(1) a process by which the State hazard mitigation officer appointed for such an acquisition shall, not later than 60 days after the applicant for assistance enters into an agreement with the Administrator re- garding the acquisition, provide written notification to each affected unit of local government for such ac- quisition that includes— ‘‘(A) the location of the acquisition; ‘‘(B) the State-local assistance agreement for the hazard mitigation grant program; ‘‘(C) a description of the acquisition; and ‘‘(D) a copy of the deed restriction; and ‘‘(2) recommendations for entering into and imple- menting a memorandum of understanding between units of local government and covered entities that includes provisions to allow an affected unit of local government notified under paragraph (1) to— ‘‘(A) use and maintain the open space created by such a project, consistent with section 404 [42 U.S.C. 5170c] (including related regulations, standards, and guidance) and consistent with all adjoining prop- erty, subject to the notification of the adjoining property, so long as the cost of the maintenance is borne by the local government; and ‘‘(B) maintain the open space pursuant to stand- ards exceeding any local government standards de- fined in the agreement with the Administrator de- scribed under paragraph (1). ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) AFFECTED UNIT OF LOCAL GOVERNMENT.—The term ‘affected unit of local government’ means any entity covered by the definition of local government in section 102 of the Robert T. Stafford Disaster Re- lief and Emergency Assistance Act (42 U.S.C. 5122), that has jurisdiction over the property subject to the acquisition described in subsection (a). ‘‘(2) COVERED ENTITY.—The term ‘covered entity’ means— ‘‘(A) the grantee or subgrantee receiving assist- ance for an open space project described in sub- section (a); ‘‘(B) the State in which such project is located; and ‘‘(C) the applicable Regional Administrator of the Agency.’’ [For definition of ‘‘State’’ as used in section 1231 of Pub. L. 115–254, set out above, see section 1203 of Pub. L. 115–254, set out as a Definitions note under section 5122 of this title.] § 5171. Federal facilities (a) Repair, reconstruction, restoration, or re- placement of United States facilities The President may authorize any Federal agency to repair, reconstruct, restore, or replace any facility owned by the United States and under the jurisdiction of such agency which is damaged or destroyed by any major disaster if he determines that such repair, reconstruction, restoration, or replacement is of such impor- tance and urgency that it cannot reasonably be deferred pending the enactment of specific au- thorizing legislation or the making of an appro- priation for such purposes, or the obtaining of congressional committee approval. (b) Availability of funds appropriated to agency for repair, reconstruction, restoration, or re- placement of agency facilities In order to carry out the provisions of this sec- tion, such repair, reconstruction, restoration, or replacement may be begun notwithstanding a lack or an insufficiency of funds appropriated for such purpose, where such lack or insuffi- ciency can be remedied by the transfer, in ac- cordance with law, of funds appropriated to that agency for another purpose. (c) Steps for mitigation of hazards In implementing this section, Federal agencies shall evaluate the natural hazards to which these facilities are exposed and shall take appro- priate action to mitigate such hazards, includ- ing safe land-use and construction practices, in accordance with standards prescribed by the President. (Pub. L. 93–288, title IV, § 405, formerly § 401, May 22, 1974, 88 Stat. 153; renumbered § 405, Pub. L. 100–707, title I, § 106(a)(2), Nov. 23, 1988, 102 Stat. 4696.) Editorial Notes PRIOR PROVISIONS A prior section 405 of Pub. L. 93–288 was classified to section 5175 of this title prior to repeal by Pub. L. 100–707. § 5172. Repair, restoration, and replacement of damaged facilities (a) Contributions (1) In general The President may make contributions— (A) to a State or local government for the repair, restoration, reconstruction, or re- placement of a public facility damaged or destroyed by a major disaster and for associ- ated expenses incurred by the government; and (B) subject to paragraph (3), to a person that owns or operates a private nonprofit fa- cility damaged or destroyed by a major dis- aster for the repair, restoration, reconstruc- tion, or replacement of the facility and for associated expenses incurred by the person. (2) Associated expenses For the purposes of this section, associated expenses shall include— (A) the costs of mobilizing and employing the National Guard for performance of eligi- ble work; (B) the costs of using prison labor to per- form eligible work, including wages actually paid, transportation to a worksite, and ex- traordinary costs of guards, food, and lodg- ing; (C) base and overtime wages for the em- ployees and extra hires of a State, local gov- ernment, or person described in paragraph (1) that perform eligible work, plus fringe benefits on such wages to the extent that such benefits were being paid before the major disaster; and