public law 100-707

PUBLIC LAW 100-707—NOV. 23, 1988

102 STAT. 4689

Public Law 100-707
100th Congress
An Act
To amend the Disaster Relief Act of 1974 to provide for more effective assistance in
response to major disasters and emergencies, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

TITLE I~DISASTER RELIEF AND
EMERGENCY ASSISTANCE AMENDMENTS
SEC. 101. SHORT TITLE; AMENDMENTS TO DISASTER RELIEF ACT OF 1974.

(a) SHORT TITLE.—This title may be cited as "The Disaster Relief
and Emergency Assistance Amendments of 1988.".

Nov. 23, 1988
[H.R. 2707]
Safety.
State and local
governments.
The Disaster
Relief and
Emergency
Assistance
Amendments of
1988.
42 u s e 5121
note.

(b) AMENDMENTS TO DISASTER RELIEF ACT OF 1974.—Except as

otherwise expressly provided, whenever in this title an amendment
or repeal is exprei^ed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Disaster Relief Act of
1974 (42 U.S.C. 5121-5202).
SEC. 102. AMENDMENT TO SHORT TITLE.

(a) AMENDMENT TO SHORT TITLE.—The first section is amended by

striking out "Disaster Relief Act of 1974" and inserting in lieu
thereof "The Robert T. Stafford Disaster Relief and Emergency
Assistance Act.".
(b) REFERENCES.—Whenever any reference is made in any law
(other than this Act), r^ulation, document, rule, record, or other
paper of the United States to a section or provision of the Disaster
Relief Act of 1974, such reference shall be deemed to be a reference
to such section or provision of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act.

The Robert T.
Stafford Disaster
Relief and
Emergency
Assistance Act.
42 u s e 5121
note.
42 u s e 5121
note.

SEC. 103. AMENDMENTS TO TITLE I.

(a) FINDINGS AND DECLARATIONS.—Section 101(b) (42 U.S.C.

5121(b)) is amended—
(1) by striking out paragraph (7);
(2) by striking out "; and' at the end of paragraph (6); and
(3) by inserting "and" at the end of paragraph (5).
(b) DEFINITION OF EMERGENCY.—Section 102(1) is amended to read 42 u s e 5122.
as follows:
"(1) EMERGENCY.—'Emergency' means any occasion or instance for which, in the determination of the President, Federal
assistance is needed to supplement State and local efforts and
capabilities to save lives and to protect property and public
health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States.".
(c) DEFiNrnoN OF MAJOR DISASTER.—Section 102(2) is amended to
read as follows:

102 STAT. 4690

42 use 5122.
42 u s e 5122

no^-

President of U.S.

Reports.

PUBLIC LAW 100-707—NOV. 23, 1988

"(2) MAJOR DISASTER.—'Major disaster' means any natural
catastrophe (including any hurricane, tornado, storm, high
water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or,
regardless of cause, any fire, flood, or explosion, in any part of
the United States, which in the determination of the President
causes damage of sufficient severity and magnitude to warrant
major disaster assistance under this Act to supplement the
efforts and available resources of States, local governments, and
,
disaster relief organizations in alleviating the damage, loss,
hardship, or suffering caused thereby.",
(d) TECHNICAL AMENDMENTS,—Paragraphs (3) and (4) of section
102 are each amended by striking out "the Canal Zone,".
(e) LOCAL GOVERNMENT.—

(1) IN GENERAL.—The term "local government" is deemed to
have the same meaning in the Disaster Relief and Emergency
Assistance Act, as amended by this Act, £is that term had on
October 1, 1988, under section 102(6) of the Disaster Relief Act
of 1974 and regulations implementing the Disaster Relief Act of
1974.
(2) TERMINATION OF EFFECTIVENESS.—Paragraph (1) s h a l l n o t

be effective on and after the 90th day after the President
transmits to the Committee on Public Works and Transportation of the House of Representatives and to the Committee on
Environment and Public Works of the Senate a report which
includes an interpretation of the term "local government" for
purposes of the Disaster Relief and Emergency Assistance Act,
as amended by this Act.
(f) DEFINITIONS OF PUBUC AND PRIVATE NONPROFIT FACIUTIES.—

Section 102 is amended by adding at the end thereof the following
new paragraphs:
"(8) PUBLIC FACIUTY.—'Public facility' means the following
facilities owned by a State or local government:
"(A) Any flood control, navigation, irrigation, reclamation, public power, sewage treatment and collection, water
supply and distribution, watershed development, or airport
facility.
"(B) Any non-Federal-aid street, road, or highway.
"(C) Any other public building, structure, or system,
including those used for educational, recreational, or cultural purposes.
"(D) Any park.
"(9) PRIVATE NONPROFIT FACILITY.—'Private nonprofit facility'

means private nonprofit educational, utility, emergency, medical, rehabilitational, and temporary or permanent custodial
care facilities (including those for the aged and disabled), other
private nonprofit facilities which provide essential services of a
governmental nature to the general public, and facilities on
Indian reservations as defined by the President.".
SEC. 104. DISASTER PREPAREDNESS ASSISTANCE.
(a) MAXIMUM AMOUNT OF STATE DISASTER ASSISTANCE PLANNING

42 u s e 5131.

GRANTS.—Section 201(d) is amended by striking out "$25,000" and
inserting in lieu thereof "$50,000".
(b) TECHNICAL AMENDMENTS.—Section 201 is amended—
(1) in subsection (a) by striking out "(including the Defense
Civil Preparedness Agency)"; and

PUBLIC LAW 100-707—NOV. 23, 1988

102 STAT. 4691

(2) in subsection (d) by inserting "including evaluations of
natural hazards and development of the programs and actions
required to mitigate such hazards;" after "plans,".
SEC. 105. DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION.
(a) WAIVER OF CONDITIONS.—Title III is amended—

(1) by striking out the heading for such title and inserting in
lieu thereof:

"TITLE III—MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION";
and
(2) by striking out sections 301 and 302 and inserting in lieu 42 USC 5141,
thereof the following new section:
5142.
"SEC. 301. WAIVER OF ADMINISTRATIVE CONDITIONS.
"Any Federal agency charged with the administration of a Federal assistance program may, if so requested by the applicant State
or local authorities, modify or waive, for a major disaster, such
administrative conditions for assistance as would otherwise prevent
the giving of assistance under such programs if the inability to meet
such conditions is a result of the major disaster.".

42 USC 5141.

Qo) COORDINATING OFFICERS.—

(1) REDESIGNATION.—Section 303, and any reference thereto, is
redesignated as section 302.
42 USC 5143.
(2) INCLUSION OF EMERGENCIES .—Such section is amended in
subsection (a) by inserting "or emergency" after "major
disaster".
(c) REDESIGNATION OF SECTION 304.—Section 304, and any reference thereto, is redesignated £is section 303.
42 USC 5144.
(d) REMOVAL OF EMERGENCY ASSISTANCE AND COOPERATION PROVISIONS FROM TITLE HI; REDESIGNATION OF SECTIONS 307, 308, AND

309.—Title III is further amended by striking out sections 305 and
306 and by redesignating sections 307, 308, and 309, and any references thereto, as sections 304, 305, and 306, respectively.
(e) USE OP LOCAL FIRMS AND INDIVIDUALS.—
(1) REDESIGNATION.—Section 310, and any reference thereto, is
redesignated as section 307.
(2) INCLUSION OF EMERGENCIES.—Such section is amended by
inserting "or emergency" after "major disaster" each place it
appears.

42 USC 5145,
5146.
514^^^ ^^^^
42 USC 5150.

(3) USE OF DEPARTMENT OF DEFENSE RESOURCES.—Such section

is further amended by adding at the end thereof the following
new sentence: "This section shall not be considered to restrict
the use of Department of Defense resources in the provision of
major disaster assistance under this Act.".
(f) REDESIGNATION OF SECTIONS 311 AND 312; CONFORMING AMEND-

MENT.—Sections 311 and 312, and any references thereto, are redesignated as sections 308 and 309, respectively. Such section 308, 42 USC 5151,
relating to nondiscrimination in disaster assistance, is amended by 5152.
striking out "section 402 or 404 o f in subsection (b).
(g) PRIORITY TO CERTAIN APPUCATIONS FOR PUBUC FACILITY AND

PuBUC HOUSING ASSISTANCE.—Title III is amended by striking out
section 313 and inserting in lieu thereof the following new section:

102 STAT. 4692

PUBLIC LAW 100-707—NOV. 23, 1988

42 u s e 5153.

"SEC. 310. PRIORITY TO CERTAIN APPLICATIONS FOR PUBLIC FACILITY
AND PUBLIC HOUSING ASSISTANCE.

President of U.S.

"(a) PRIORITY.—In the processing of applications for assistance,
priority and immediate consideration shall be given by the head of
the appropriate Federal agency, during such period as the President
shall prescribe, to applications from public bodies situated in areas
affected by major disasters under the following Acts:
"(1) The United States Housing Act of 1937 for the provision
of low-income housing.
"(2) Section 702 of the Housing Act of 1954 for assistance in
public works planning.
"(3) The Community Development Block Grant Program
under title I of the Housing and Community Development Act
of 1974.
"(4) Section 306 of the Consolidated Farm and Rural Development Act.
"(5) The Public Works and Economic Development Act of
1965.
"(6) The Appalachian Regional Development Act of 1965.
"(7) The Federal Water Pollution Control Act.
"Ot>) OBUGATION OF CERTAIN DISCRETIONARY FUNDS.—In

the

obligation of discretionary funds or funds which are not allocated
among the States or political subdivisions of a State, the Secretary
of Housing and Urban Development and the Secretary of Commerce
shall give priority to applications for projects for major disaster
areas.'.
(h) INSURANCE.—Title III is further amended by striking out
section 314 and inserting in lieu thereof the following new section:
Real property.
42 u s e 5154.
President of U.S.

"SEC. 311. INSURANCE.
"(a) APPUCANTS FOR REPLACEMENT OF DAMAGED FACILITIES.—
"(1) COMPUANCE WITH CERTAIN REGULATIONS.—An applicant

for assistance under section 406 of this Act (relating to repair,
restoration, and replacement of damaged facilities), section 422
of this Act (relating to simplified procedure) or section 803 of
the Public Works and Economic Development Act of 1965 shall
comply with regulations prescribed by the President to assure
that, with respect to any property to be replaced, restored,
repaired, or constructed with such assistance, such types and
extent of insurance will be obtained and maintained as may be
reasonably available, adequate, and necessary, to protect
against future loss to such property.
"(2) DETERMINATION.—In making a determination with respect to availability, adequacy, and necessity under paragraph
(1), the President shall not require greater types and extent of
insurance than are certified to him as resisonable by the appropriate State insurance commissioner responsible for regulation
of such insurance.
"(h) MAINTENANCE OF INSURANCE.—No applicant for assistance
under section 406 of this Act (relating to repair, restoration, and
replacement of damaged facilities), section 422 of this Act (relating
to simplified procedure), or section 803 of the Public Works and
Eeonomi(rI^rvelopmeHt Act of 1965 may receive such assistance for
any property or part thereof for which the applicant has previously
received assistance under this Act unless all insurance required
pursuant to this section has been obtained and maintained with
respect to such property.

PUBLIC LAW 100-707—NOV. 23, 1988

102 STAT. 4693

"(c) STATE ACTING AS SELF-INSURER.—A State may elect to act as a
self-insurer with reelect to any or all of the facilities owned by the
State. Such an election, if declared in writing at the time of acceptance of assistance under section 406 or 422 of this Act or section 803
of the Public Works and Economic Development Act of 1965 or
subsequently and accompanied by a plan for self-insurance which is
satisfactory to the Prudent, shall be deemed compliance with
subsection (a). No such self-insurer may receive assistance under
section 406 or 422 of this Act for any property or part thereof for
which it has previously received assistance under this Act, to the
extent that insurance for such property or part thereof would have
been reasonably available.".
(i) DUPUCATION OP BENEFITS.—^Title HI is further amended by

striking out section 315 and inserting in lieu thereof the following
new section:
"SEC 312. DUPUCATION OF BENEFITS.

42 USC 5155.

"(a) GENERAL PROHIBITION.—^The President, in consultation with President of U.S.
the head of each Federal agency administering any program providing financial assistance to i)erson8, business concerns, or other
entities suffering losses as a result of a major disaster or emergency,
shall assure that no such person, business concern, or other entity
will receive such assistance with respect to any part of such loss as
to which he has received finandal assistance under any other
program or from insurance or any other source.
"0») SPECIAL RULES.—

"(1) LIMITATION.—^This section shall not prohibit the provision
of Federal assistance to a person who is or may be entitled to
receive benefits for the same purposes from another source if
such person has not received such other benefits by the time of
application for Federal assistance and if such person agrees to
repay all duplicative assistance to the agency providing the
Federal assistance.
"(2) PROCEDURES.—^The President shall establish such proce- President of U.S.
dures as the President considers necessary to ensure uniformity
in preventing duplication of benefits.
"(3) EFFECT OF PARTIAL BENEFITS.—Receipt of partial benefits
for a major disaster or emergency shall not preclude provision
of additional Federal assistance for any part of a loss or need for
which benefits have not been provided.
"(c) RECOVERY OF DUPLICATIVE BENEFITS.—^A person receiving Federal assistance for a major disaster or emergency shall be UsAAe to
the United States to ti^e extent that such assistance duplicates
benefits available to the person for the same purpose from another
source. The agency which provided the duplicative assistance shall
collect such duplicative aanstance from the recipient in accordance
with chapter 37 of title 31, United States Code, relating to debt
collection, when the head of such agency considers it to be in the
best interest of the Federal Government.
"(d) ASSISTANCE NOT INCOME.—^Federal major disaster and emergency assistance provided to individuals and families under this Act,
and comparable disaster assistance provided by States, local governments, and disaster assistance organizations, shall not be considered
as income or a resource when determining eligibility for or benefit
levels under federally funded income assistance or resource-tested
benefit programs.".

102 STAT. 4694

PUBLIC LAW 100-707—NOV. 23, 1988

(j) REVIEWS AND REPORTS.—Title III is further amended by striking out section 316 and inserting in lieu thereof the following new
section:
President of U.S.
42 u s e 5156.

42 u s e 5157.

"SEC. 313. STANDARDS AND REVIEWS.

"The President shall establish comprehensive standards which
shall be used to assess the efficiency and effectiveness of Federal
major disaster and emergency assistance programs administered
under this Act. The President shall conduct annual reviews of the
activities of Federal agencies and State and local governments in
major disaster and emergency preparedness and in providing major
disaster and emergency assistance in order to assure maximum
coordination and effectiveness of such programs and consistency in
policies for reimbursement of States under this Act.".
(k) PENALTIES.—Title III is further amended by striking out section 317 and inserting in lieu thereof the following new section:
"SEC. 314. PENALTIES.

"(a) MISUSE OF FUNDS.—Any person who knowingly misapplies the
proceeds of a loan or other cash benefit obtained under this Act
shall be fined an amount equal to one and one-half times the
misapplied amount of the proceeds or cash benefit.
"(b) CIVIL ENFORCEMENT.—Whenever it appears that any person
has violated or is about to violate any provision of this Act, including any civil penalty imposed under this Act, the Attorney General
may bring a civil action for such relief as may be appropriate. Such
action may be brought in an appropriate United States district
court.
"(c) REFERRAL TO ATTORNEY GENERAL.—The President shall exPresident of U.S.
peditiously refer to the Attorney General for appropriate action any
evidence developed in the performance of functions under this Act
that may warrant consideration for criminal prosecution.
"(d) CIVIL PENALTY.—Any individual who knowingly violates any

42 u s e 5158.

order or regulation issued under this Act shall be subject to a civil
penalty of not more than $5,000 for each violation.".
(1) REDESIGNATION OF SECTION 318.—Section 318, and any reference thereto, is redesignated as section 315.
(m) PROTECTION OF ENVIRONMENT; RECOVERY OF ASSISTANCE;
AUDITS AND INVESTIGATIONS.—
(1) ADDITIONS TO TITLE HI.—Title III is further amended by

adding at the end thereof the following new sections:
42 u s e 5159.

"SEC. 316. PROTECTION OF ENVIRONMENT.

"An action which is taken or assistance which is provided pursuant to section 402, 403, 406, 407, or 502, including such assistance
provided pursuant to the procedures provided for in section 422,
which has the effect of restoring a facility substantially to its
condition prior to the disaster or emergency, shall not be deemed a
major Federal action significantly affecting the quality of the
human environment within the meaning of the National Environmental Policy Act of 1969 (83 Stat. 852). Nothing in this section
shall alter or affect the applicability of the National Environmental
Policy Act of 1969 to other Federal actions taken under this Act or
under any other provisions of law.

PUBLIC LAW 100-707—NOV. 23, 1988

102 STAT. 4695

"SEC. 317. RECOVERY OF ASSISTANCE.

42 USC 5160.

"(a) PARTY LIABLE.—Any person who intentionally causes a condition for which Federal assistance is provided under this Act or
under any other Federal law as a result of a declaration of a major
disaster or emergency under this Act shall be liable to the United
States for the reasonable costs incurred by the United States in
responding to such disaster or emergency to the extent that such
costs are attributable to the intentional act or omission of such
person which caused such condition. Such action for reasonable
costs shall be brought in an appropriate United States district court.
"(b) RENDERING OF CARE.—A person shall not be liable under this
section for costs incurred by the United States as a result of actions
taken or omitted by such person in the course of rendering care or
assistance in response to a major disaster or emergency.
"SEC. 318. AUDITS AND INVESTIGATIONS.

42 USC 5161.

"(a) IN GENERAL.—Subject to the provisions of chapter 75 of title President of U.S.
31, United States Code, relating to requirements for single audits,
the President shall conduct audits and investigations as necessary to
assure compliance with this Act, and in connection therewith may
question such persons as may be necessary to carry out such audits
and investigations.
"(b) ACCESS TO RECORDS.—For purposes of audits and investigations under this section, the President and Comptroller General may
inspect any books, documents, papers, and records of any person
relating to any activity undertaken or funded under this Act.
"(c) STATE AND LOCAL AUDITS.—The President may require audits

by State and local governments in connection with assistance under
this Act when necessary to assure compliance with this Act or
related regulations.
"SEC. 319. ADVANCE OF NON-FEDERAL SHARE.

"(a) I N GENERAL.—The President may lend or advance to an
eligible applicant or a State the portion of assistance for which the
State is responsible under the cost-sharing provisions of this Act in
any case in which—
"(1) the State is unable to assume its financial responsibility
under such cost-sharing provisions—
"(A) with respect to concurrent, multiple major disasters
in a jurisdiction, or
"(B) after incurring extraordinary costs as a result of a
particular disEister; and
"(2) the damages caused by such disasters or disaster are so
overwhelming and severe that it is not possible for the applicant
or the State to assume immediately their financial responsibility under this Act.
"(b) TERMS OF LOANS AND ADVANCES.—

"(1) IN GENERAL.—Any loan or advance under this section
shall be repaid to the United States.
"(2) INTEREST.—Loans and advances under this section shall
bear interest at a rate determined by the Secretary of the
Treasury, taking into consideration the current market yields
on outstanding marketable obligations of the United States
with remaining periods to maturity comparable to the reimbursement period of the loan or advance.

42 USC 5162.

102 STAT. 4696

PUBLIC LAW 100-707—NOV. 23, 1988

President of U.S.
"(c) REGULATIONS.—The President shall issue regulations describLoans.
ing the terms and conditions under which any loan or advance

authorized by this section may be made.
42 u s e 5163.

"SEC. 320. LIMITATION ON USE OF SLIDING SCALES.

"No geographic area shall be precluded from receiving assistance
under this Act solely by virtue of an arithmetic formula or sliding
scale based on income or population.
42 u s e 5164.

"SEC. 32L RULES AND REGULATIONS.

"The President may prescribe such rules and regulations as may
be necessary and proper to carry out the provisions of this Act, and
may exercise, either directly or through such Federal agency as the
President may designate, any power or authority conferred to the
President by this Act.".
(2)
42 u s e 5175.

CONFORMING

AMENDMENT

TO TITLE IV.—Title IV

is

amended by striking out section 405, relating to protection of
the environment.
SEC. 106. MAJOR DISASTER ASSISTANCE PROGRAMS.
(a) PROCEDURE FOR DECLARATION; GENERAL FEDERAL ASSISTANCE;
ESSENTIAL ASSISTANCE; AND HAZARD MITIGATION.—Title IV is

amended—
(1) by striking out the heading for such title and inserting in
lieu thereof:

"TITLE IV—MAJOR DISASTER
ASSISTANCE PROGRAMS";
42 u s e 5171.

(2) by redesignating section 401 (relating to Federal facilities),
and any reference thereto, as section 405; and
(3) by inserting before such section 405 the following new
sections:

President of U.S.
42 u s e 5170.

"SEC. 401. PROCEDURE FOR DECLARATION.

42 u s e 5170a.

"SEC. 402. GENERAL FEDERAL ASSISTANCE.

"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 eissistance under this Act, 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 Act.
Based on the request of a Governor under this section, the President
may declare under this Act that a major disaster or emergency
exists.
"In any major dis£ister, the President may—

PUBLIC LAW 100-707—NOV. 23, 1988

102 STAT. 4697

"(1) direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it
under Federal law (including personnel, equipment, supplies,
facilities, and managerial, technical, and advisory services) in
support of State and local assistance efforts;
"(2) coordinate all disaster relief assistance (including voluntary assistance) provided by Federal agencies, private
organizations, and State and local governments;
"(3) provide technical and advisory assistance to affected
State and local governments for—
"(A) the performance of essential community services;
"(B) issuance of warnings of risks and hazards;
"(C) public health and safety information, including
dissemination of such information;
"(D) provision of health and safety measures; and
"(E) management, control, and reduction of immediate
threats to public hesilth and safety; and
"(4) assist State and local governments in the distribution of
medicine, food, and other consumable supplies, and emergency
assistance.
"SEC. 403. ESSENTIAL ASSISTANCE.
"(a) I N 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) f^ERAL 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 Act.

Public
information.

42 u s e 5170b.
Real property.

Gifts and
property.

"(2) MEDICINE, POOD, 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 suppUes,
and other services and assistance to disaster victims.
"(3) WORK AND SERVICES TO SAVE LIVES AND PROTECT PROP-

Public lands.

ERTY.—Performing on pubUc or private lands or waters any Waters.
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 supphes 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) demoUtion of unsafe structures which endanger the
public;
"(F) warning of further risks and hazards;
"(G) dissemination of pubUc information and assistance Public
information.
r ^ a r d i n g health and safety measures;
'(H) provision of technical advice to State and local
governments on disaster management and control; and

102 STAT. 4698

PUBLIC LAW 100-707—NOV. 23, 1988

"(I) reduction of immediate threats to life, property, and
public health and safety.
*'(4) Ck)NTRiBunoNS.—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 D O D RESOURCES.—
Public lands.
Real property.

President of U.S.

"(1) GENERAL RULE.—During the immediate aftermath of an
incident which may ultimately qualify for assistance under this
title or title V of this Act, the (Jovernor 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 APPUCABLE TO DEBRIS REMOVAL.—Any removal of
debris and wreckage carried out under this subsection shall be
subject to section 407(b), relating to unconditional authorization
and indemnification for debris removal.
"(3) EbCPENDITURES OUT OF DISASTER REUEF FUNDS.—^Thc COSt o f

President of U.S.

42 u s e 5170c.

President of U.S.

any assistance provided pursuant to this subsection shall be
reimbursed out of funds made available to carry out this Act.
"(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 the date of
the enactment of the Disaster Relief and Emergency Assistance
Amendments of 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 Act.
"(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, United States CJode.
"(B) EMERGENCY WORK.—The term 'emergency work' includes clearance and removed of debris and wreckage and
temporary restoration of essential public facilities and
services.
"SEC. 404. HAZARD MITIGATION.

"The President may contribute up to 50 percent of the cost of
hazard mitigation measures which the President has determined are
cost-effective and which substantially reduce the risk of future
damage, hardship, loss, or suffering in any area affected by a major
disaster. Such measures shall be identified following the evaluation
of natural hazards under section 409 and shall be subject to approval
by the President. The total of contributions under this section for a
major disaster shall not exceed 10 percent of the estimated aggre-

PUBLIC LAW 100-707—NOV. 23, 1988

102 STAT. 4699

gate amounts of grants to be made under section 406 with respect to
such major disaster.".
(b) REPAIR AND RESTORATION OF DAMAGED FACIUTIES.—Title IV is

further amended by striking out section 402, relating to repair and
restoration of damaged facilities, and inserting in lieu thereof the
following new section:
"SEC. 406. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED
FACILITIES.

"(a) CONTRIBUTIONS.—The President may make contributions—
"(1) to a State or local government for the repair, restoration,
reconstruction, or replacement of a public facility which is
damaged or destroyed by a major disaster and for associated
expenses incurred by such government; and
"(2) to a person who owns or operates a private nonprofit
facility damaged or destroyed by a major disaster for the repair,
restoration, reconstruction, or replacement of such facility and
for associated expenses incurred by such person.
"OJ) MINIMUM FEDERAL SHARE.—The Federal share of assistance
under this section shall be not less than—
"(1) 75 percent of the net eligible cost of repair, restoration,
reconstruction, or replacement carried out under this section;
"(2) 100 percent of associated expenses described in subsections (f)(1) and (f)(2); and
"(3) 75 percent of associated expenses described in subsections
(f)(3), (fK4), and (f)(5).
"(c) LARGE IN LIEU CONTRIBUTIONS.—
"(1) FOR PUBLIC FACIUTIES.—In any

case where a State or local
government determines that the public welfare would not be
best served by repairing, restoring, reconstructing, or replacing
any public facility owned or controlled by such State or local
government, it may elect to receive, in lieu of a contribution
under subsection (a)(1), a contribution of not to exceed 90 percent of the Federal share of the Federal estimate of the cost of
repairing, restoring, reconstructing, or replacing such facility
and of associated expenses. Funds contributed under this
subsection may be used to repair, restore, or expand other
selected public facilities, to construct new facilities, or to fund
hazard mitigation measures which the State or local government determines to be necessary to meet a need for governmental services and functions in the area affected by the major
disaster.
"(2) FOR PRIVATE NONPROFIT FACILITIES.—In any case where a
person who owns or operates a private nonprofit facility determines that the public welfare would not be best served by
repairing, restoring, reconstructing, or replacing such facility,
such person may elect to receive, in lieu of a contribution under
subsection (aX2), a contribution of not to exceed 90 percent of
the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing such facility and of
associated expenses. Funds contributed under this subsection
may be used to repair, restore, or expand other selected private
nonprofit facilities owned or operated by such person, to construct new private nonprofit facilities to be owned or operated
by such person, or to fund hazard mitigation mesisures which
such person determines to be necessary to meet a need for its

42 USC 5172.

102 STAT. 4700

PUBLIC LAW 100-707—NOV. 23, 1988
services and functions in the area affected by the major
disaster.
"(3) RESTRICTION ON USE FOR STATE OR LOCAL CONTRIBUTION.—

Funds provided under this subsection shall not be used for any
State or local government cost-sharing contribution required
under this Act.
"(d) FLOOD INSURANCE.—
"(1) REDUCTION OF FEDERAL ASSISTANCE.—If

a public facility or
private nonprofit facility located in a special flood hazard area
identified for more than 1 year by the Director pursuant to the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is
damaged or destroyed, after the 180th day following the date of
the enactment of the Disaster Relief and Emergency Assistance
Amendments of 1988, by flooding in a major disaster and such
facility is not covered on the date of such flooding by flood
insurance, the Federal assistance which would otherwise be
available under this section with respect to repair, restoration,
reconstruction, and replacement of such facility and associated
expenses shall be reduced in accordance with paragraph (2).
"(2) AMOUNT OF REDUCTION.—^The amount of a reduction in

President of U.S.

Federal assistance under this section with respect to a facility
shall be the lesser of—
"(A) the value of such facility on the date of the flood
damage or destruction, or
"(B) the maximum amount of insurance proceeds which
would have been payable with respect to such facility if
such facility had been covered by flood insurance under the
National Flood Insurance Act of 1968 on such date.
"(3) EXCEPTION.—Paragraphs (1) and (2) shall not apply to a
private nonprofit facility which is not covered by flood insurance solely because of the local government's failure to participate in the flood insurance program established by the National
Flood Insurance Act.
"(4) DISSEMINATION OF INFORMATION.—^The President shall
disseminate information regarding the reduction in Federal
assistance provided for by this subsection to State and local
governments and the owners and operators of private nonprofit
facilities who may be affected by such a reduction.
"(e) N E T ELIGIBLE COST.—
"(1) GENERAL RULE.—For

purposes of this section, the cost of
repairing, restoring, reconstructing, or replacing a public facility or private nonprofit facility on the basis of the design of such
facility as it existed immediately prior to the major disaster and
in conformity with current applicable codes, specifications, and
standards (including floodplain management and hazard mitigation criteria required by the President or by the C!oastal Barrier
Resources Act (16 U.S.C. 3501 et seq.)) shall, a t a minimum, be
treated as the net eligible cost of such repair, restoration,
reconstruction, or replacement.
"(2) SPECLAL RULE.—In any case in which the facility being
repaired, restored, reconstructed, or replaced under this section
was under construction on the date of the major disaster, the
cost of repairing, restoring, reconstructing, or replacing such
facility shall include, for purposes of this section, only those
costs which, under the contract for such construction, are the
owner's responsibility and not the contractor's responsibility.

PUBLIC LAW 100-707—NOV. 23, 1988

102 STAT. 4701

"(f) ASSOCIATED EXPENSES.—^For purposes of this section, associated expenses include the following:
(1) NECESSARY COSTS.—Necessary costs of requesting, obtain-

ing, and administering Federal assistance based on a percentage
of assistance provided as follows:
"(A) For an applicant whose net eligible costs equal less
than $100,000, 3 percent of such net eligible costs.
"(B) For an appUcant whose net eligible costs equal
$100,000 or more but less than $1,000,000, $3,000 plus 2
percent of such net eligible costs in excess of $100,000.
"(C) For an applicant whose net eligible costs equal
$1,000,000 or more but less than $5,000,000, $21,000 plus 1
percent of such net eligible costs in excess of $1,0()0,000.
"(D) For an applicant whose net eligible costs equal
$5,000,000 or more, $61,000 plus Vz percent of such net
eligible costs in excess of $5,000,000.
"(2) EixTRAORDiNARY COSTS.—^Extraordinary costs incurred by
a State for preparation of damage survey reports, final inspection reports, project applications, final audits, and related field
inspections by State employees, including overtime pay and per
diem and travel expenses of such employees, but not includii^
pay for regular time of such employees, based on the total
amount of assistance provided under sections 403, 404, 406, 407,
502, and 503 in such State in connection with the major disaster
as follows:
"(A) If such total amount is less than $100,000, 3 percent
of such total amount.
"(B) If such total amount is $100,000 or more but less
than $1,000,000, $3,000 plus 2 percent of such total amount
in excess of $100,000.
"(O If such total amount is $1,000,000 or more but less
than $5,000,000, $21,000 plus 1 percent of such total amount
in excess of $1,000,000.
"(D) If such total amount is $5,000,000 or more, $61,000
plus Vz percent of such total amount in excess of $5,000,000.
"(3) COSTS OF NATIONAL GUARD.—^The costs of mobilizing and

emplojdng the National Guard for performance of eligible work.
' (4) COOTS OF PRISON LABOR.—^The costs of using prison labor
to perform eligible work, including wages actually paid,
transportation to a worksite, and extraordinary costs of guards,
food, and lodging.
"(5) OTHER LABOR COSTS.—^Base and overtime wages for an Wages.
appUcant's employees and extra hires performing eligible work
plus fringe benefits on such wages to the extent that such
benefits were being paid before the disaster.",
(c) DEBRIS REMOVAL.—

(1) REDESIGNATION.—Section 403 (relating to debris removal)
and any reference thereto, is redesignated as section 407.
42 USC 5173.
(2) INCLUSION OF NONPROFFF FACIUTIES.—Subsection (aX2) of

such section 407 is amended by inserting after "local government" the following: "or owner or operator of a private nonprofit facility".
(3) RULES RELATING TO LARGE LOTS; FEDERAL SHARE.—Such

section 407 is further amended by adding at the end thereof the
following new subsections:
"(c) RULES RELATING TO LARGE LOTS.—^The President shall issue President of U.S.
rules which provide for recognition of differences existing among

102 STAT. 4702

PUBLIC LAW 100-707—NOV. 23, 1988

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.".
(d) TEMPORARY HOUSING ASSISTANCE.—Title IV is further
amended by striking out section 404, relating to temporary housing
assistance, and inserting in lieu thereof the following new section:
42 use 5174.

"SEC. 408. TEMPORARY HOUSING ASSISTANCE.
"(a) PROVISION OF TEMPORARY HOUSING.—

Contracts.

"(1) IN GENERAL.—The President may—
"(A) provide, by purchase or lease, temporary housing
(including unoccupied habitable dwellings), suitable rental
housing, mobile homes, or other readily fabricated dwellings to persons who, as a result of a major diseister, require
temporary housing; and
"(B) reimburse State and local governments in accordance with paragraph (4) for the cost of sites provided under
paragraph (2).
"(2) MOBILE HOME SITE.—

Utilities.

President of U.S.

President of U.S.

"(A) IN GENERAL.—Any mobile home or other readily
fabricated dwelling provided under this section shall whenever possible be located on a site which—
"(i) is provided by the State or local government; and
"(ii) has utilities provided by the State or local
government, by the owner of the site, or by the occupant who was displaced by the major disaster.
"(B) OTHER SITES.—Mobile homes and other readily fabricated dwellings may be located on sites provided by the
President if the President determines that such sites would
be more economical or accessible than sites described in
subparagraph (A).
"(3) PERIOD.—Federal financial and operational assistance
under this section shall continue for not longer than 18 months
after the date of the major disaster declaration by the President, unless the President determines that due to extraordinary
circumstances it would be in the public interest to extend such
18-month period.
"(4) FEDERAL SHARE.—The Federal share of assistance under
this section shall be 100 percent; except that the Federal share
of assistance under this section for construction and site development costs (including installation of utilities) at a mobile
home group site shall be 75 percent of the eligible cost of such
assistance. The State or local government receiving assistance
under this section shall pay any cost which is not paid for from
the Federal share.
"(b) TEMPORARY MORTGAGE AND RENTAL PAYMENTS.—The President is authorized to provide assistance on a temporary basis in the
form of mortgage or rental payments to or on behalf of individuals
and families who, as a result of financial hardship caused by a major
disaster, have received written notice of dispossession or eviction
from a residence by resison of a foreclosure of any mortgage or lien,
cancellation of any contract of sale, or termination of any lease,
entered into prior to such disaster. Such assistance shall be provided

PUBLIC LAW 100-707—NOV. 23, 1988

102 STAT. 4703

for the duration of the period of financial hardship but not to exceed
18 months.
"(c) I N LIEU EXPENDITURES.—In lieu of providing other t3rpes of President of U.S.
temporary housing after a major disaster, the President is authorized to make expenditures for the purpose of repairing or
restoring to a habitable condition owner-occupied private residential
structures made uninhabitable by a major disaster which are capable of being restored quickly to a habitable condition.
"(d) TRANSFER OF TEMPORARY HOUSING.—
"(1) DIRECT SALE TO OCCUPANTS.—Notwithstanding' any other

President of U.S.

provision of law, any temporary housing acquired by purchase
may be sold directly to individuals and families who are occupants of temporary housing at prices that are fair and equitable,
as determined by the President.
"(2) TRANSFERS TO STATES, LOCAL GOVERNMENTS, AND VOLUNTARY ORGANIZATIONS.—The President may sell or otherwise

make available temporary housing units directly to States,
other governmental entities, and voluntary organizations. The Discrimination,
President shall impose as a condition of transfer under this prohibition.
paragraph a covenant to comply with the provisions of section
308 requiring nondiscrimination in occupancy of such temporary housing units. Such disposition shall be limited to units
purchased under the provisions of subsection (a) and to the
purposes of providing temporary housing for disaster victims in
major disasters or emergencies.
"(e) NOTIFICATION.—

"(1) I N GENERAL.—Each person who applies for assistance
under this section shall be notified r ^ a r d i n g the type and
amount of any assistance for which such person qualifies.
Whenever practicable, such notice shall be provided within 7
days after the date of submission of such application.
"(2) INFORMATION.—Notification under this subsection shall
provide information regarding—
"(A) all forms of such assistance available;
"(B) any specific criteria which must be met to qualify for
each t3rpe of assistance that is available;
"(C) any limitations which apply to each type of assistance; and
"(D) the address and telephone number of offices responsible for responding to—
"(i) appeals of determinations of eligibility for assistance; and
"(ii) requests for changes in the type or amount of
assistance provided.
"(f) LOCATION.—In providing assistance under this section, consideration shall be given to the location of and travel time to—
"(1) the applicant's home and place of business;
"(2) schools which the applicant or members of the applicant's
family who reside with the applicant attend; and
"(3) crops or livestock which the applicant tends in the course
of any involvement in farming which provides 25 percent or
more of the applicant's annual income.",
(e) REDESIGNATION OF SECTIONS 406 AND 407.—Sections 406 (relating to minimum standards for public and private structures) and 407
(relating to unemployment assistance), and any references thereto,
are redesignated as sections 409 and 410, respectively.
42 USC 5176,

102 STAT. 4704
42 u s e 5177.

PUBLIC LAW 100-707—NOV. 23, 1988
(f) UNEMPLOYMENT ASSISTANCE LIMITATIONS.—Section 410 (as so

redesignated) is amended as follows:
(1) ENTITLEMENT TO OTHER COMPENSATION.—The first sentence
of subsection (a) is amended by inserting "for the weeks of such
unemployment with respect to which the individual is not
entitled to any other unemployment compensation (as that term
is defined in section 85(b) of the Internal Revenue Code of 1986)
or waiting period credit" after "is unemployed".
(2) TERM OF ASSISTANCE.—The second sentence of subsection

(a) is amended by striking out "one year" and inserting in lieu
thereof "26 weeks".
(3) REPEAL OF REDUCTION IN COMPENSATION.—The third sentence of subsection (a) is amended by striking out "occurred,"
and all that follows through the end of the sentence and inserting in lieu thereof "occurred.".
(4) REEMPLOYMENT ASSISTANCE.—Subsection (b) is amended to

read as follows:
"(b) REEMPLOYMENT ASSISTANCE.—
"(1) STATE ASSISTANCE.—A State

shall

provide,

without

reimbursement from any funds provided under this Act,
reemployment assistance services under any other law administered by the State to individuals receiving benefits under this
section.
"(2) FEDERAL ASSISTANCE.—The President may provide re-

employment assistance services under other laws to individuals
who are unemployed as a result of a major disaster and who
reside in a State which does not provide such services.".
42 u s e 5178 and

"°*®'

42 use 5178.
President of U.S.

(g) INDIVIDUAL AND FAMILY G R A N T

PROGRAMS.—Title I V i s

amended by striking out section 408 (relating to individual and
family grant programs) and inserting in lieu thereof the following
new section:
"SEC. 411. INDIVIDUAL AND FAMILY GRANT PROGRAMS.
"(a) IN GENERAL.—The President is authorized to make a grant to
a State for the purpose of making grants to individuals or families
adversely affected by a major disaster for meeting disaster-related
necessary expenses or serious needs of such individuals or families
in those cases where such individuals or families are unable to meet
such expenses or needs through assistance under other provisions of
this Act or through other means.
"(b) COST SHARING.—
"(1) FEDERAL SHARE.—The

Federal share of a grant to an
individual or a family under this section shall be equal to 75
percent of the actual cost incurred.
"(2) STATE CONTRIBUTION.—The Federal share of a grant

President of U.S.

under this section shall be paid only on condition that the
remaining 25 percent of the cost is paid to an individual or
family from funds made available by a State.
"(c) REGULATIONS.—The President shall promulgate regulations to
carry out this section and such regulations shall include national
criteria, standards, and procedures for the determination of eligibility for grants and the administration of grants under this section.
"(d) ADMINISTRATIVE EXPENSES.—A State may expend not to
exceed 5 percent of any grant made by the President to it under
subsection (a) for expenses of administering grants to individuals
and families under this section.

PUBLIC LAW 100-707—NOV. 23, 1988
"(e) ADMINISTRATION THROUGH (JOVERNOR.—The Governor of

102 STAT. 4705
a

State shall administer the grant program authorized by this section
in the State.
"(f) LIMIT ON GRANTS TO INDIVIDUAL.—No individual or family
shall receive grants under this section aggregating more than
$10,000 with respect to any single major disaster. Such $10,000 limit
shall annually be adjusted to reflect changes in the Consumer Price
Index for All Urban Consumers published by the Department of
Labor.".
(h) REDESIGNATION OF SECTIONS 409 THROUGH 412.—Sections 409
(relating to food coupons and distribution), 410 (relating to food
commodities), 411 (relating to relocation assistance), and 412 (relating to legal services), and any references thereto, are redesignated
as sections 412, 413, 414, and 415, respectively.
(i) CRISIS COUNSEUNG.—Section 413 (relating to crisis counseling
assistance and training), and any reference thereto, is redesignated
as section 416. Such section is amended by striking out "(through
the National Institute of Mental Health)".
(j) REDESIGNATION OF SECTIONS 414 THROUGH 418.—Sections 414
(relating to community disaster loans), 415 (relating to emergency
communications), 416 (relating to emergency public transportation),
417 (relating to fire suppression grants), and section 418 (relating to
timber sale contracts), and any references thereto, are redesignated
as sections 417, 418, 419, 420, and 421, respectively.
(k) SiMPUFiED PROCEDURE.—Title IV is further amended by striking
out section 419 (relating to in-lieu contribution) and inserting in lieu
thereof the following new section:
"SEC. 422. SIMPLIFIED PROCEDURE.

^?7^5^^8?
42 use 5183.

42 use
5184-5188.

42 USC 5189.

"If the Federal estimate of the cost of—
"(1) repairing, restoring, reconstructing, or replacing under
section 406 any damaged or destroyed public facility or private
nonprofit facility,
"(2) emergency assistance under section 403 or 502, or
"(3) debris removed under section 407,
is less than $35,000, the President (on application of the State or
local government or the owner or operator of the private nonprofit
facility) may make the contribution to such State or local government or owner or operator under section 403, 406, 407, or 502, as the
case may be, on the basis of such Federal estimate. Such $35,000
amount shall be adjusted annually to reflect changes in the
Consumer Price Index for All Urban Consumers published by the
Department of Labor.".
(1) APPEALS; DATE OF ELIGIBIUTY; EXPENSES INCURRED BEFORE
DATE OF DISASTER; ADVANCE OF NON-FEDERAL SHARE; LIMITATION ON

USE OF SUDING SCALES.—Title IV is further amended by adding at
the end thereof the following new sections:
"SEC. 423. APPEALS OF ASSISTANCE DECISIONS.

"(a) RIGHT OF APPEAL.—Any decision regarding eligibility for,
from, or amount of assistance under this title may be appealed
within 60 days after the date on which the applicant for such
assistance is notified of the award or denial of award of such
assistance.
"(b) PERIOD FOR DECISION.—A decision regarding an appeal under
subsection (a) shall be rendered within 90 days after the date on

42 USC 5189a.

102 STAT. 4706

President of U.S.
42 use 5189b.
President of U.S.

PUBLIC LAW 100-707—NOV. 23, 1988

which the Federal official designated to administer such appeals
receives notice of such appeal.
"(c) RuLES.—The President shall issue rules which provide for the
fair and impartial consideration of appeals under this section.
"SEC. 424. DATE OF ELIGIBILITY; EXPENSES INCURRED BEFORE DATE OF
DISASTER.
"Eligibility for Federal assistance under this title shall begin on
the date of the occurrence of the event which results in a declaration by the President that a major disaster exists; except that
reasonable expenses which are incurred in anticipation of and
immediately preceding such event may be eligible for Federal assistance under this Act.".
SEC. 107. FEDERAL EMERGENCY ASSISTANCE PROGRAMS.
(a)

FEDERAL EMERGENCY ASSISTANCE PROGRAMS.

-Title V is

amended to read as follows:

"TITLE V—EMERGENCY ASSISTANCE
PROGRAMS
42 use 5191.

"SEC. SOL PROCEDURE FOR DECLARATION.
"(a) REQUEST AND DECLARATION.—All requests for a declaration by
the President that an emergency exists shall be made by the Governor of the affected State. Such a request shall be based on a
finding that the situation 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 a part of such request, and as a prerequisite to emergency
assistance under this Act, the Governor shall take appropriate
action under State law and direct execution of the State's emergency plan. The Governor shall furnish information describing the
State and local efforts and resources which have been or will be used
to alleviate the emergency, and will define the type and extent of
Federal aid required. Based upon such Governor's request, the
President may declare that an emergency exists.
"(b) CERTAIN EMERGENCIES INVOLVING FEDERAL PRIMARY RESPON-

President of U.S.

42 use 5192.

siBiuTY.—The President may exercise any authority vested in him
by section 502 or section 503 with respect to an emergency when he
determines that an emergency exists for which the primary responsibility for response rests with the United States because the emergency involves a subject area for which, under the Constitution or
laws of the United States, the United States exercises exclusive or
preeminent responsibility and authority. In determining whether or
not such an emergency exists, the President shall consult the Governor of any affected State, if practicable. The President's determination may be made without regard to subsection (a).
"SEC. 502. FEDERAL EMERGENCY ASSISTANCE.
"(a) SPECIFIED.—In any emergency, the President may—
"(1) direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it
under Federal law (including personnel, equipment, supplies,
facilities, and managerial, technical and advisory services) in
support of State and local emergency assistance efforts to save

PUBLIC LAW 100-707—NOV. 23, 1988

102 STAT. 4707

lives, protect property and public health and safety, and lessen
or avert the threat of a catastrophe;
"(2) coordinate all disaster relief assistance (including voluntary assistance) provided by Federal agencies, private
organizations, and State and local governments;
"(3) provide technical and advisory assistance to affected
State and local governments for—
"(A) the performance of essential community services;
"(B) issuance of warnings of risks or hazards;
"(C) public health and safety information, including
dissemination of such information;
"(D) provision of health and safety measures; and
"(£) management, control, and reduction of immediate
threats to public hesdth and safety;
"(4) provide emergency assistance through Federal agencies;
"(5) remove debris in accordance with the terms and conditions of section 407;
"(6) provide temporary housing assistance in accordance with Housing.
section 408; and
"(7) assist State and local governments in the distribution of
medicine, food, and other consumable supplies, and emergency
assistance.
"0)) GENERAL,—Whenever the Federal assistance provided under
subsection (a) with respect to an emergency is inadequate, the
President may also provide assistance with respect to efforts to save
lives, protect property and public health and safety, and lessen or
avert the threat of a catastrophe.
"SEC. 503. AMOUNT OF ASSISTANCE.
"(a) FEDERAL SHARE.—The Federal share for assistance provided

42 USC 5193.

under this title shall be equal to not less than 75 percent of the
eligible costs.
"0)) LIMIT ON AMOUNT OF ASSISTANCE.—

"(1) I N GENERAL.—Except as provided in paragraph (2), total
assistance provided under this title for a single emergency shall
not exceed $5,000,000.
"(2) ADDITIONAL ASSISTANCE.—The limitation described in
paragraph (1) may be exceeded when the President determines
that—
"(A) continued emergency assistance is immediately
required;
* (B) there is a continuing and immediate risk to lives,
property, public health or safety; and
"(C) necessary assistance will not otherwise be provided
on a timely basis.
"(3) REPORT.—Whenever the limitation described in paragraph (1) is exceeded, the President shall report to the (Congress
on the nature and extent of emergency assistance requirements
and shall propose additional legislation if necessary.",
(b) SAVINGS CLAUSE.—The amendment made by subsection (a)
shall not be construed as having any effect on title VIII of the Public
Works and Economic Development Act of 1965 which was added to
such Act by section 501 of the Disaster Relief Act of 1974 on May 22,
1974.
SEC. 108. AMENDMENTS TO TITLE VI.
(a) RULES.—Section 601(a) is amended—

President of U.S.

President of U.S.

42 USC 3231
note.

42 use 520i.

102 STAT. 4708

PUBLIC LAW 100-707—NOV. 23, 1988
(1) by inserting "(1)" after "SEC. 601. (a)"; and
(2) by adding at the end the following new paragraph:
"(2) DEADUNE FOR PAYMENT OF ASSISTANCE.—Rules and regulations authorized by paragraph (1) shall provide that payment
of any assistance under this Act to a State shall be completed
within 60 days after the date of approval of such assistance.".

42 use 5121

42*usc 5202

(b) EFFECTIVE DATE.—Section 605 is repealed.

^^^ AUTHORIZATION OF APPROPRIATIONS.—Section 606 is repealed.
SEC. 109. CONFORMING AMENDMENTS TO OTHER LAWS.
(a) AGRICULTURAL ACT OF 1949.—(1) Section 401(c) of the Agricultural Act of 1949 (7 U.S.C. 1421(c)) is amended by striking out
"Public Law 875, Eighty-first Congress" and inserting in lieu thereof
"the Disaster Relief and Emergency Assistance Act".
(2) Section 407 of such Act (7 U.S.C. 1427) is amended by striking
out "Public Law 875, Eighty-first Congress, as amended (42 U.S.C.
1855)" and inserting in lieu thereof "the Disaster Relief and Emergency Assistance Act".
(b) AGRICULTURAL ACT OF 1970.—Section 813(d) of the Agricultural
Act of 1970 (7 U.S.C. 1427a(d)) is amended by striking out "Act of
1974" and inserting in lieu thereof "and Emergency Assistance
Act".
(c) CONSOUDATED FARM AND RURAL DEVELOPMENT ACT.—(1) Section 321(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1961(a)) is amended by striking out "Act of 1974" each place it
appears and inserting in lieu thereof "and Emergency Assistance
Act".
(2)' Section 324(d) of such Act (7 U.S.C. 1964(d)) is amended by
striking out "Act of 1974" and inserting in lieu thereof "and Emergency Assistance Act".
(d) FOOD STAMP ACT OF 1977.—Section 5(h)(1) of the Food Stamp
Act of 1977 (7 U.S.C. 2014(hXl)) is amended by striking out "section
302(a) of the Disaster Relief Act of 1974" and inserting in lieu
thereof "sections 402 and 502 of the Disaster Relief and Emergency
Assistance Act".
(e) NATIONAL HOUSING ACT.—(1) Section 8(b)(2) of the National
Housing Act (12 U.S.C. 1706c(b)(2)) is amended by striking out
"102(2) and 301 of the Disaster Relief Act of 1974" and inserting in
lieu thereof "102(2) and 401 of the Disaster Relief and Emergency
(2) Section 2()3(h) of such Act (12 U.S.C. 1709(h)) is amended—
(A) by striking out "riot or civil disorder,"; and
(B) by striking out "102(2) and 301 of the Disaster Relief Act of
1974" and inserting in lieu thereof "102(2) and 401 of the
Disaster Relief and Emergency Assistance Act".
(3) Section 221(f) of such Act (12 U.S.C. 17151(f)) is amended by
striking out "Act of 1974" and inserting in lieu thereof "and Emergency Assistance Act".
(f) SMALL BUSINESS ACT.—(1) Section 7(b)(2)(A) of the Small Business Act (15 U.S.C. 636(b)(2XA)) is amended by striking out "the Act
entitled 'An Act to authorize Federal assistance to States and local
governments in major disasters, and for other purposes', approved
September 30, 1950, as amended (42 U.S.C. 1855-1855g)" and inserting in lieu thereof "the Disaster Relief and Emergency Assistance
Act".
(2)'Section 7(b)(E) of such Act (15 U.S.C. 636(b)(E)) is amended by
striking out "subsection (b) of section 315 of Public Law 93-288 (42

PUBLIC LAW 100-707—NOV. 23, 1988

102 STAT. 4709

U.S.C. 5155)" and inserting in lieu thereof "section 312(a) of the
Disaster Relief and Emergency Assistance Act".
(3) Section 7(f) of such Act (15 U.S.C. 636(f)) is amended by striking
out "section 2(a) of the Act of September 30, 1950 (42 U.S.C.
1855a(a))" and inserting in lieu thereof "section 102(2) of the Disaster Relief and Emergency Assistance Act".
(g) ENDANGERED SPECIES ACT OF 1973.—Section 7(p) of the Endangered Species Act of 1973 (16 U.S.C. 1536(p)) is amended—
(1) by striking out "Disaster Relief Act of 1974" each place it
appears and inserting in lieu thereof "Disaster Relief and Emergency Assistance Act"; and
(2) by striking out "401 or 402" and inserting in lieu thereof
"405 or 406".
(h) COASTAL BARRIER RESOURCES ACT.—Section 6(a)(6)(E) of the
Coastal Barrier Resources Act (16 U.S.C. 3505(a)(6)(E)) is amended by
striking out "305 and 306 of the Disaster Relief Act of 1974 (42
U.S.C. 5145 and 5146)" and inserting in lieu thereof "402, 403, and
502 of the Disaster Relief and Emergency Assistance Act".
(i) IMPACT AID ACT.—Section 7(a)(1)(A) of the Act of September 30,
1950, commonly known as the Impact Aid Act (Public Law 874, 81st
Congress; 20 U.S.C. 241-l(a)(l)(A)), is amended by striking out
"102(2) and 301 of the Disaster Relief Act of 1974" and inserting in
lieu thereof "102(2) and 401 of the Disaster Relief and Emergency
Assistance Act".
(j) PuBuc LAW 815 OF THE 81ST CONGRESS.—Section 16(a)(1)(A) of
the Act of September 23, 1950 (Public Law 815, 81st Congress; 20
U.S.C. 646(aXl)(A)), is amended by striking out "102(2) and 301 of the
Disaster Relief Act of 1974" and inserting in lieu thereof "102(2) and
401 of th,e Disaster Relief and Emergency Assistance Act".
(k) Ti-kE 23.—Section 125(b) of title 23, United States Code, is
amended x^ striking out "Act of 1974" and inserting in lieu thereof
"and Emergency Assistance Act".
(1) INTERNAL REVENUE CODE OF 1986.—Sections 165(i)(l), 165(k),
5064(b)(3), and 5708(a) of the Internal Revenue Code of 1986 (26
U.S.C. 165(i)(l), 165(k), 5064(b)(3), and 5708(a)) are each amended by
striking out "Act of 1974" and inserting in lieu thereof "and Emergency Assistance Act".
(m) ACT OF AUGUST 18,1941.—Section 5(a) of the Act entitled "An
Act authorizing the construction of certain public works on rivers
and harbors for flood control, and for other purposes", approved
August 18, 1941 (33 U.S.C. 701n), is amended by striking out "Act of
1974" and inserting in lieu thereof "and Emergency Assistance
Act".
(n) TITLE 38.—Section 1820(f) of title 38, United States Code, is
amended by striking out "Act of 1974" and inserting in lieu thereof
"and Emergency Assistance Act".
(o) NATIONAL FLOOD INSURANCE ACT OF 1968.—Section 1306(c)(5) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4013(c)(5)) is
amended by striking out "Act of 1974" and inserting in lieu thereof
"and Emergency Assistance Act".
(p) SOCIAL SECURITY ACT.—Subsections (a)(2)(A) and (b)(ll) of section 1612 of the Social Security Act (42 U.S.C. 1382a(a)(2)(A) and
Ot))(ll)) are each amended by striking out "Act of 1974" and inserting
in lieu thereof "and Emergency Assistance Act".
(q) OLDER AMERICANS ACT OF 1965.—Section 310(a)(1) of the Older
Americans Act of 1965 (42 U.S.C. 3030(a)(1)) is amended by striking

102 STAT. 4710

PUBLIC LAW 100-707—NOV. 23, 1988

out "Act of 1974" and inserting in lieu thereof "and Emergency
Assistance Act".
(r) PuBUC WORKS AND ECUNOICIC DEVELOPMENT ACT OF 1965.—(1)
Section 801(b) of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3231(b)) is amended by striking out "Act of 1974"
and inserting in Ueu thereof "and Emergency Assistance Act".
(2) Section 802(b) of such Act (42 U.S.C. 3232(b)) is amended by
striking out "402(f) of the Disaster Relief Act of 1974" and inserting
in lieu thereof "4()6(c) of the Disaster Relief and Emergency Assistance Act".
(s) DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; SPACE,
SCIENCE, VETERANS, AND CERTAIN OTHER INDEPENDENT AGENCIES
APPROPRIATION ACT, 1973.—Section 406 of the Department of Hous-

42 use 3539.

ing and Urban Development; Space, Science, Veterans, and Certain
Ottier Independent Agencies Appropriation Act, 1973 is amended by
striking out "Act of 1970 (84 Stat. 1744)" and inserting in lieu
thereof "and Emergency Assistance Act".
(t) FLOOD DISASTER ftioTBcnoN ACT OF 1973.—Section 3(aX4) of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4003(aX4)) is
amended by striking out "Act of 1974" and inserting in lieu thereof
"and Emergency Assistance Act".
(u) E^ARTHQUAKE HAZARDS REDUCTION AcT OF 1977.—Subsections
(g) and (i) of section 5 of the Earthquake Hazards Reduction Act of
1977 (42 U.S.C. 7704) are each amended by striking out "Act of 1974"
and inserting in lieu thereof "and Emergency Assistance Act".
(v) CERCLA.—Section 101(23) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601(23)) is amended by striking out "Act of 1974" and inserting in
lieu thereof "and Emergency A^istance Act".
(w) ACT OF JUNE 30, 1954.—Section 3 of the Act of June 30, 1954

(68 Stat. 330; 48 U.S.C. 1681 note) is amended by striking out "102(2)
and 301 of the Disaster Relief Act of 1974" and inserting in lieu
thereof "102(2) and 401 of the Disaster Relief and Emergency Assistance Act".
42 u s e 5121
note.

SEC 110. RECOMMENDATIONS CONCERNING IMPROVEMENT OF RELATIONSHIPS AMONG DISASTER MANAGEMENT OFFICIALS.

President of U.S.

Not later than 1 year after the date of the enactment of this Act,
the President shall recommend to the (Congress proposals to improve
the operational and fiscal relationships that exist among Federal,
State, and local major disaster and emergency management officials. Such proposals should include provisions which—
(1) decrease the amount of time for processing requests for
major disaster and emergency declarations and providing Federal assistance for major disasters and emergencies;
(2) provide for more effective utilization of State and local
resources in major disaster and emergency relief efforts; and
(3) improve the timeliness of reimbursement of State and
local governments after the submission of necessary documentation.
SEC. 111. STUDY OF DISASTER DECLARATION PROCESS.

(a) FINDINGS.—^The Congress finds and declares that—
(1) the explosion at the Pacific Engineering and Production
Company in Henderson, Nevada, on May 4,1988, resulted in the
deaths of two people, more than 350 injuries, and damages to
more than 3,000 buildings;

PUBLIC LAW 100-707—NOV. 23, 1988

102 STAT. 4711

(2) the Governor of Nevada on May 9, 1988, requested the
President to declare a major disaster for Nevada as a result of
the catastrophic accident that occurred on May 4;
(3) the Federal Emergency Management Agency's recommendations in response to the Governor's disaster declaration request were delivered to the White House on May 12;
(4) the Governor of Nevada was not kept informed of the
status of the State's request for Federal disaster assistance and
information concerning the Governor's request was selectively
disseminated; and
(5) the untimely and selective release of information concerning the disaster had a negative impact on the victims of the
Henderson explosion, and the citizens of Nevada as a whole.
(b) STUDY AND REPORT.—The Comptroller General of the United
States shall—
(1) conduct a study of the process by which disaster declarations are made; and
(2) not later than 180 days after the date of enactment of this
Act, transmit a report to the Congress describing the findings of
the study along with recommendations on ways to improve and
ensure the non-political functioning of the process for declaring
disasters.
SEC. 112. DECLARED DISASTERS AND EMERGENCIES NOT AFFECTED.

This title shall not affect the administration of any assistance for
a major disaster or emergency declared by the President before the
date of the enactment of this Act,
SEC. 113. DEADLINE FOR ISSUANCE OF REGULATIONS.

Regulations necessary to carry out this title and the amendments
made by this title shall be issued no later than the 180th day
following the date of the enactment of this Act.

TITLE II—GREAT LAKES DAMAGE
ASSISTANCE AND PREVENTION
SEC. 201. SHORT TITLE.

This title may be cited as the "Great Lakes Planning Assistance
Act of 1988".
SEC. 202. DAMAGE ASSISTANCE PROGRAM.

(a) IN GENERAL.—The Director is authorized to provide assistance
to Great Lakes States in the establishment of State programs to
reduce and prevent damage attributable to high water levels in the
Great Lakes.
(b) GRANTS.—Upon application by a Great Lakes State within 1
year after the date of enactment of this Act, the Director may make
a one-time grant to the State of not more than $250,000 for use by
the State for—
(1) preparation of plans for mitigation, warning, emergency
operations, and emergency assistance;
(2) coordination of available State and Federal assistance;
(3) development and implementation of nonstructural measures to reduce or prevent damage attributable to high water
levels in the Great Lakes, including establishment of setback
requirements and other conditions on construction and re-

19-194 O—91—Part i

-23 : QL 3

42 u s e 5121
note.
President of U.S.

42 u s e 5201
note.

Great Lakes
Planning
Assistance Act
of 1988.
33 u s e 426p
note.

33 u s e 426p
note.

102 STAT. 4712

PUBLIC LAW 100-707—NOV. 23, 1988

construction of public and private facilities, mapping of flooding
zones, and technical assistance; and
(4) assisting local governments in developing and implementing plans for nonstructural reduction and prevention of damages attributable to high water levels in the Great Lakes.
(c) TECHNICAL ASSISTANCE.—^The Director may provide technical
assistance to Great Lakes States for carrjring out any activity
carried out with assistance under this section.
(d) STATE MATCHING.—^A State which receives a grant under this
section shall match the grant with an amount of funds from nonFederal sources equal to 25 percent of the amount of the grant.
(e) AUTHORIZATION.—^There are authorized to be appropriated for
making grants under this section not more than $2,000,000 for fiscal
years b^inning after September 30,1988.
Flood control.

^

S E C 203. CORPS OF ENGINEERS.

(a) TECHNICAL AND OTHER ASSISTANCE.—The Secretary of the
Anny may—
(1) provide emergency assistance to prevent or reduce damage
attributable to high water levels in the Great Lakes, including
provision of sandbags, sheeting, and stones and other armoring
devices (taking account of flooding and erosion of other property
which may be caused by such activity) but not including
construction of permanent structures;
(2) provide technical assistance to individuals and local
governments with respect to measures to prevent or reduce
such damage; and
(3) compile and disseminate information on—
(A) water levels of the Great Lakes,
(B) techniques for prevention or reduction of such
damage, and
(C) emergency relief available to persons who suffer economic injury attributable to high water levels in the Great
Lakes.
fl)) ISSUANCE OF PERMITS.—
(1) CONSIDERATION OF FLOODING AND EROSION.—In issuing a

permit under—
(A) section 10 of the Act of March 3, 1899 (33 U.S.C. 403);
or
(B) section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344);
for any activity carried out with assistance under this title, the
Secretary of the Army shall take account of flooding and erosion of other property which may be caused by such activity.
(2) BANK STABILIZATION.—
(A) GENERAL RULE.—In

issuing permits under sections 10
of the Act of March 3, 1899 (33 U.S.C. 403) and 404 of the
Federal Water PoUution Control Act (33 U.S.C. 1344) for a
project involving dredging of any portion of the Great
Lakes, the Secretary of the Army shall, if feasible, encourage for bank stabilization purposes the disposal of
nonhazardous compatible sand from such project on shorelines affected by erosion.
(B) CONSULTATION.—In carrying out subparagraph (A),
the Secretary of the Army shall consult affected State and
local governments.

PUBLIC LAW 100-707—NOV. 23, 1988

102 STAT. 4713

SEC. 204. GREAT LAKES COASTAL BARRIER ACT OF 1988.

(a) SHORT TITLE.—^This section may be cited as the "Great Lakes
Coastal Barrier Act of 1988".
(b) STUDY OF COASTAL BABRIER RESOURCES SYSTEM TO INCLUDE
BARRIERS WITHIN GREAT LAEES SHORE AREAS.—Section 4 of the

Great Lakes
Coastal
Barrier Act of
1988.
16 u s e 3501
note.

Coastal Barrier Resources Act (16 U.S.C. 3503) is amended to read as
follows:
'^EC. 4. COASTAL BARRIER RESOURCES SYSTEM.

'(a) IN GENERAL.—^The Coastal Barrier Resources System consists
of"(1) those undeveloped coastal barriers that are located on the
Atlantic and Gulf Coasts of the United States and included
within the System on April 19,1983; and
"(2) those undeveloped coastal bsuriers along the shore areas
of the Great Lakes that are designated by Congress by law after
considering the recommendations of the Secretary made under
subsection (b) of this section.
'(b) INCLUSION OF GREAT LAKES BARRIERS.—
"(1) I N GENERAL.—
'\A) RECOBOIENDATIONS AND MAPS.—^Ebccept as provided

in subparagraph (B), not later than 3 months after the date
of the enactment of the Great Lakes Coastal Barrier Act of
1988, the Secretary shall recommend to (Congress and prepare maps identifying the boundaries of those undeveloped
coastal barriers along the shore areas of Great Lakes that
the Secretaiy considers appropriate for inclusion in the
Coastal Barrier Resources System.
"(B) EXCLUDED AREAS.—^The Secretary may not recommend for inclusion as an undeveloped coastal barrier,
and sections 5 and 6 of this Act do not apply to, any area
that is publicly owned and protected by Federal, State, or
local government law, or held by a qualified organization
defined in section 170(hX3) of the Tax Reform Act of 1986
(26 U.S.C. 170(hX3)), primarily for wUdlife refuge,
sanctuary, recreational, or natuixd resource conservation
purposes.
"(2) CONSULTATIONS AND CONSIDERATIONS.—Before recommending undeveloped coastal barriers under paragraph (1) of
this section, the Secretary shall—
"(A) consult with and provide an opportunity for comment by appropriate United States (government agencies.
State agencies (including the coastal zone management
agencies) of the States bordering the Great Lakes, and the
public; and
"(B) update on the basis of aerial photographs and con- State listing.
sider the draft coastal barrier inventory maps prepared by
the Secretary in January 1985 for the States of Michigan,
Wisconsin, Ohio, New York (Great Lakes) and Minnesota.
"(3) PROVISION OF MAPS.—As soon as practicable after the
revision of the maps referred to in paragraph (2KB) of this
subsection is completed, the Secretary shedl provide copies of
the maps to—
'(A) each appropriate State and county or equivalent
jurisdiction in which S^tem units are located;
"(B) the coastal zone management agency in each appropriate State that has a coastal zone management prc^ram

102 STAT. 4714

PUBLIC LAW 100-707—NOV. 23, 1988
approved under section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455);
"(C) each appropriate United States Government agency;
and
"(D) the Congress.
"(4) PuBUC INSPECTION OF MAPS.—The Director of the United
States Fish and Wildlife Service shall make available for public
inspection all maps prepared under this section.
"(c) BOUNDARY MODIFICATIONS.—

"(1) IN GENERAL.—The Secretary shall—
"(A) conduct a review of the System maps at least once
every 5 years after the date of the enactment of the Great
Lakes Coastal Barrier Act of 1988; and
"(B) subject to paragraph (2), make any minor and technical modifications to the boundaries of any System unit
that are necessary solely to reflect changes that have occurred in the size or location of that unit as a result of
natural forces.
"(2) CONSULTATIONS.—The Secretary shall conduct the reviews required under paragraph (1) in consultation with the
chief executive officer of—
"(A) each appropriate State and county equivalent jurisdiction in which System units are located;
"(B) the coastal zone management agency in each appropriate State that has a coastal zone management program
approved under section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455);
"(C) each appropriate United States Government agency;
and
"(D) the public.
Public

information.

"(d) SYSTEM MAPS.—The Office of the Director of the United

States Fish and Wildlife Service, Department of the Interior, and
other appropriate offices of the Service shall have available for
public inspection all System maps.",
(c) CONFORMING AMENDMENTS.—
(1) CONGRESSIONAL FINDINGS.—Section 2 of the Coastal Bar-

rier Resources Act (16 U.S.C. 3501) is amended by inserting
"and along the shore areas of the Great Lakes" after "Atlantic
and Gulf coasts" at each place it appears.
(2) DEFINITIONS.—Section 3 of the Coastal Barrier Resources
Act (16 U.S.C. 3502) is amended as follows:
(A) REDESIGNATION.—Paragraphs (4) and (5), and any ref-

erence thereto, are redesignated as paragraphs (5) and (7),
respectively.
(B) GREAT LAKES DEFINED.—The following is inserted after

paragraph (3):
"(4) The term 'Great Lakes' means Lake Ontario, Lake Erie,
Lake Huron, Lake St. Clair, Lake Michigan, and Lake Superior,
to the extent that those lakes are subject to the jurisdiction of
the United States.".
(C) SYSTEM MAPS DEFINED.—The following is inserted after
paragraph (5) (as redesignated):
"(6) The term 'system maps' means—
"(A) the maps that are entitled 'Coastal Barrier Resources System , numbered AOl through T12 (but excluding
maps T02 and T03) and dated September 30, 1982, and the

PUBLIC LAW 100-707—NOV. 23, 1988

102 STAT. 4715

maps numbered T02A and T03A and dated December 8,
1982; and
"(B) the maps prepared under section 4(b) of this Act and
any modification to those maps under that section.",
(d) E^ANSiON OF HIGHWAYS IN MICHIGAN.—^The limitations on 16 use 3505
the use of Federal expenditures or financial assistance within the note.
Coastal Barrier Resources System under section 6(aX3) of the
Coastal Barrier Resources Act (16 U.S.C. 3505(aX3)) shall not apply
to existing highways located within the State of Michigan if the
Congress adds new units to the C!oastal Barrier Resources S3rstem
under section 4 of that Act, and those units include portions of
United States or State highways in the State of Michigan.
SEC 205. DEFINITIONS.

For purposes of this title—
(1) DIRECTOR.—The term "Director" means the Director of the
Federal Emergency Management Agency.
(2) HIGH WATER LEVELS.—The term "high water levels" means
water levels above the long-term average of water levels from
1900.
(3) LOCAL GOVERNMENT.—^The term "local government"
means a county, city, village, town, district, or other political
subdivision of a Great Ls^es State and an Indian tribe or
authorized tribal organization.
(4) GREAT LAKES STATE.—The term "Great Lakes State" means
Minnesota, Wisconsin, Illinois, Ohio, Michigan, Indiana, Pennsylvania, and New York.

TITLE III—MISCELLANEOUS PROVISIONS
SEC 301. AUTHORIZATION OF APPROPRIATIONS.

The last sentence of section 91 of the Water Resources Development Act of 1974 (88 Stat. 39), relating to authorization of appropriations for the New York Harbor collection and removal of drift
project, is amended by striking out "$30,500,000" and inserting in
lieu thereof "$6,000,000 annually".
SEC. 302. HUDSON RIVER CHANNEL.

That portion of Public Law 100-202 designated as the Energy and
Water Development Appropriation Act of 1988 is amended by striking out in the undesignated paragraph "The following portion of the
Hudson River" all that follows through "the States of New York and
New Jersey." (101 Stat. 1329-109) and inserting in lieu thereof the
following:
"The following portion of the Hudson River in the Borough of
Manhattan, New York County, State of New York, is hereby declared not to be part of the federally authorized Channel Deepening
Project: that portion of the Hudson River and land thereunder more
particularly bounded and described as follows: Beginning at a point
in the United States Pierhead Line approved by the Secretary of
War on July 31, 1941, said point having a coordinate of North
4,677.56 feet and West 11,407.92 feet and running: (1) Northerly
along said Pierhead l i n e on a bearing of N21-0r-53"W for a distance
of 700.00 feet to a point; thence (2) Westerly at right angles to
said Pierhead Line on a bearing of S68-58'-07"W for a distance of
200.00 feet to a point; thence (3) Southerly and parallel with said

33 USC 426p

102 STAT. 4716

Compacts
between States.

PUBLIC LAW 100-707—NOV. 23, 1988

Pierhead Line on a bearing of S21-01'-53"E for a distance of 700.00
feet to a point; thence (4) Esisterly at right angles to said Pierhead
Line on a bearing of N68-58'-07"E for a distance of 200.00 feet to the
point of beginning. Bearings and coordinates are in the system used
on the Borough Survey, Borough President's Office, Manhattan.
This declaration shall apply to all or any part of the described area
which is used or needed for New York Harbor pgissenger ferry boat
service, as such service may be operated by, or contracted for
operation by, a bi-State agency created by compact between the
States of New York and New Jersey.".
Approved November 23, 1988.

LEGISLATIVE HISTORY—H.R. 2707 (S. 2380):
HOUSE REPORTS: No. 100-517 (Comm. on Public Works and Transportation).
SENATE REPORTS: No. 100-524 accompanying S. 2380 (Comm. on Environment and
Public Works).
CONGRESSIONAL RECORD, Vol. 134 (1988):
Mar. 17, considered and passed House.
Oct. 21, considered and passed Senate, amended. House concurred in Senate
amendment.