Debris removal

42 U.S.C. § 5173

• Title: 42 — The Public Health and Welfare
• Chapter: SUBCHAPTER IV—MAJOR DISASTER ASSISTANCE PROGRAMS

Text

(a) Presidential authority
The President, whenever he determines it to be in the public interest, is authorized—
(1) through the use of Federal departments, agencies, and instrumentalities, to clear debris and wreckage resulting from a major disaster from publicly and privately owned lands and waters; and
(2) to make grants to any State or local government or owner or operator of a private nonprofit facility for the purpose of removing debris or wreckage resulting from a major disaster from publicly or privately owned lands and waters.
(b) Authorization by State or local government; indemnification agreement
No authority under this section shall be exercised unless the affected State or local government shall first arrange an unconditional authorization for removal of such debris or wreckage from public and private property, and, in the case of removal of debris or wreckage from private property, shall first agree to indemnify the Federal Government against any claim arising from such removal.
(c) Rules relating to large lots
The President shall issue rules which provide for recognition of differences existing among urban, suburban, and rural lands in implementation of this section so as to facilitate adequate removal of debris and wreckage from large lots.
(d) Federal share
The Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of debris and wreckage removal carried out under this section.
(e) Expedited payments
In making a grant under subsection (a)(2), the President shall provide not less than 50 percent of the President's initial estimate of the Federal share of assistance as an initial payment in accordance with paragraph (2).
Not later than 60 days after the date of the estimate described in paragraph (1) and not later than 90 days after the date on which the State or local government or owner or operator of a private nonprofit facility applies for assistance under this section, an initial payment described in paragraph (1) shall be paid.

History

(Pub. L. 93–288, title IV, §407, formerly §403, May 22, 1974, 88 Stat. 154; renumbered §407 and amended Pub. L. 100–707, title I, §106(c), Nov. 23, 1988, 102 Stat. 4701; Pub. L. 109–347, title VI, §610, Oct. 13, 2006, 120 Stat. 1942.)

Editorial Notes

Editorial Notes

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

Amendments
2006—Subsec. (e). Pub. L. 109–347 added subsec. (e).
1988—Subsec. (a)(2). Pub. L. 100–707, §106(c)(2), inserted "or owner or operator of a private nonprofit facility" after "local government".
Subsecs. (c), (d). Pub. L. 100–707, §106(c)(3), added subsecs. (c) and (d).

Statutory Notes and Related Subsidiaries

Disaster Contract Improvement
Pub. L. 118–153, Dec. 17, 2024, 138 Stat. 1688, provided that:
"This Act may be cited as the 'Disaster Contract Improvement Act'.
"(a) Definitions.—In this section:
"(1) Administrator.—The term 'Administrator' means the Administrator of the Federal Emergency Management Agency.
"(2) Debris removal program.—The term 'debris removal program' means the program established under section 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5173).
"(b) Advisory Working Group.—
"(1) In general.—The Administrator shall establish an advisory working group to encourage and foster collaborative efforts among individuals and entities engaged in disaster recovery relating to debris removal.
"(2) Membership.—The advisory working group established under paragraph (1) shall be comprised of—
"(A) representatives from the Federal Emergency Management Agency;
"(B) representatives from the Army Corps of Engineers;
"(C) representatives from the Natural Resources Conservation Service of the Department of Agriculture;
"(D) representatives of States, Tribal governments, and units of local government; and
"(E) subject matter experts in debris removal, including not less than 1 representative from the debris services contractor industry.
"(c) Guidance.—Not later than 1 year after the date of enactment of this Act [Dec. 17, 2024], the Administrator, in consultation with the advisory working group established under subsection (b)(1), shall—
"(1) determine whether guidance and procedures in effect as of the date of enactment of this Act with respect to the oversight and cost of debris removal contracts entered into under the debris removal program are sufficient; and
"(2) if the Administrator, in consultation with the advisory working group established under subsection (b)(1), determines that the guidance and procedures described in paragraph (1) are insufficient, develop and implement additional such guidance and procedures, including—
"(A) a requirement that each State, Tribal government, and unit of local government receiving a grant under the debris removal program take the primary role in the oversight function of debris removal;
"(B) guidance for State, Tribal, and local debris monitors relating to debris removal operations, debris operations oversight, and contractor oversight, including contractor monitoring;
"(C) guidance for streamlining the reimbursement of debris costs overall, including debris management planning and support for resilience in debris removal operations;
"(D) checklists, job aids, eligibility requirements, contract requirements, debris management planning guidance, sample bids, and other items, as determined necessary by the Administrator, for State and local debris monitors;
"(E) a list of the specific debris removal monitoring responsibilities expected to be completed by a State that receives a grant under the debris removal program;
"(F) a list of the specific debris removal monitoring responsibilities expected to be completed by recipients of a grant under the debris removal program; and
"(G) guidance for State and Tribal governments and units of local government to reduce duplication and inefficiency in debris removal contracting across the Federal Government, State and Tribal governments, and units of local government.
"(d) Training.—The Administrator shall conduct outreach to States, Tribal governments, and units of local government with respect to any guidance or support materials developed under this section.
"(e) GAO Study.—Not later than 1 year after the date of enactment of this Act [Dec. 17, 2024], the Comptroller General of the United States shall conduct a study that—
"(1) studies the use and adoption rate of advance contracts for debris removal by selected States, Tribal governments, and units of local government;
"(2) identifies the benefits and challenges of advance contracts for debris removal;
"(3) with respect to the reporting and information sharing processes, as of the date of enactment of this Act, for advance contracts for debris removal between States and units of local government and Federal partners—
"(A) assesses those processes; and
"(B) makes any necessary recommendations for those processes;
"(4) studies—
"(A) the process for setting Federal reimbursement rates for the debris removal program;
"(B) the use of penalties, as of the date of enactment of this Act, for violations of law and regulations relating to debris removal; and
"(C) fraud, waste, and abuse relating to the debris removal program, including case studies; and
"(5) makes any necessary recommendations for improvements to oversight and fraud prevention across the debris removal program."