1-105. The functions transferred from the President are those concerning the Emergency Broadcast System which were transferred to the President by Section 5 of Reorganization Plan No. 1 of 1977 (42 FR 56101; implemented by Executive Order No. 12046 of March 27, 1978). (Section 203 of the Plan.) 1-106. This Order shall be effective Sunday, April 1, 1979. THE WHITE HOUSE, March 31, 1979. JIMMY CARTER. EXCERPT FROM DISASTER RELIEF ACT OF 1974 [Public Law 93-288, 88 Stat. 143] AN ACT Entitled the "Disaster Relief Act Amendments of 1974". Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Disaster Relief Act of 1974". TITLE I-FINDINGS, DECLARATIONS, AND DEFINITIONS FINDINGS AND DECLARATIONS SEC. 101. (a) The Congress hereby finds and declares that(1) because disasters often cause loss of life, human suffering. loss of income, and property loss and damage; and (2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity; special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services. and the reconstruction and rehabilitation of devastated areas, are necessary. (b) It is the intent of the Congress, by this Act, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibil ities to alleviate the suffering and damage which result from such disasters by (1) revising and broadening the scope of existing disaster relief programs; (2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments; (3) achieving greater coordination and responsiveness of disaster preparedness and relief programs; (4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance; (5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construc tion regulations; (6) providing Federal assistance programs for both public and private losses sustained in disasters; and (7) providing a long-range economic recovery program major disaster areas. for DEFINITIONS SEC. 102. As used in this Act (1) "Emergency" means any hurricane, tornado, storm, flood, high ater, wind-driven water, tidal wave, tsunami, earthquake, volcanic ruption, landslide, mudslide, snow storm, drought, fire, explosion, or ther catastrophe in any part of the United States which requires ederal emergency assistance to supplement State and local efforts to ave lives and protect property, public health and safety or to avert r lessen the threat of a disaster. (2) "Major disaster" means any hurricane, tornado, storm, flood, igh water, wind-driven water, tidal wave, tsunami, earthquake, volinic eruption, landslide, mudslide, snowstorm, drought, fire, exploon, or other catastrophe in any part of the United States which, in le determination of the President, causes damage of sufficient severity nd magnitude to warrant major disaster assistance under this Act, bove and beyond emergency services by the Federal Government, to upplement the efforts and available resources of States, local governents, and disaster relief organizations in alleviating the damage, loss, ardship, or suffering caused thereby. (3) "United States" means the fifty States, the District of Columia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the anal Zone, and the Trust Territory of the Pacific Islands. (4) "State" means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, he Canal Zone, or the Trust Territory of the Pacific Islands. (5) "Governor" means the chief executive of any State. (6) "Local government" means (A) any county, city, village, town, istrict, or other political subdivision of any State, any Indian tribe r authorized tribal organization, or Alaska Native village or orgaization, and (B) includes any rural community or unincorporated own or village or any other public entity for which an application for ssistance is made by a State or political subdivision thereof. (7) "Federal agency" means any department, independent estabishment, Government corporation, or other agency of the executive ranch of the Federal Government, including the United States Postal Service, but shall not include the American National Red Cross. TITLE II-DISASTER PREPAREDNESS ASSISTANCE FEDERAL AND STATE DISASTER PREPAREDNESS PROGRAMS SEC. 201. (a) The President is authorized to establish a program of isaster preparedness that utilizes services of all appropriate agencies including the Defense Civil Preparedness Agency) and includes (1) preparation of disaster preparedness plans for mitigation, warning, emergency operations, rehabilitation, and recovery; (2) training and exercises; (3) postdisaster critiques and evaluations; (4) annual review of programs; (5) coordination of Federal, State, and local preparedness programs; (6) application of science and technology; (b) The President shall provide technical assistance to the States in developing comprehensive plans and practicable programs for preparation against disasters, including hazard reduction, avoidance, and mitigation; for assistance to individuals, businesses, and State and local governments following such disasters; and for recovery of damaged or destroyed public and private facilities. (c) Upon application by a State, the President is authorized to make grants, not to exceed in the aggregate to such State $250,000, for the development of plans, programs, and capabilities for disaster preparedness and prevention. Such grants shall be applied for within one year from the date of enactment of this Act. Any State desiring financial assistance under this section shall designate or create an agency to plan and administer such a disaster preparedness program, and shall, through such agency, submit a State plan to the President, which shall (1) set forth a comprehensive and detailed State program for preparation against and assistance following, emergencies and major disasters, including provisions for assistance to individuals, businesses, and local governments; and (2) include provisions for appointment and training of appropriate staffs, formulation of necessary regulations and procedures and conduct of required exercises. (d) The President is authorized to make grants not to exceed 50 per centum of the cost of improving, maintaining and updating State disaster assistance plans, except that no such grant shall exceed $25,000 per annum to any State. DISASTER WARNINGS SEC. 202. (a) The President shall insure that all appropriate Federal agencies are prepared to issue warnings of disasters to State and local officials. (b) The President shall direct appropriate Federal agencies to provide technical assistance to State and local governments to insure that timely and effective disaster warning is provided. (c) The President is authorized to utilize or to make available to Federal, State, and local agencies the facilities of the civil defense communications system established and maintained pursuant to section 201(c) of the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2281 (c)), or any other Federal communications system for the purpose of providing warning to governmental authorities and the civilian population in areas endangered by disasters. (d) The President is authorized to enter into agreements with the officers or agents of any private or commercial communications system who volunteer the use of their systems on a reimbursable or nonreimbursable basis for the purpose of providing warning to gov ernmental authorities and the civilian population endangered by disasters. TITLE III-DISASTER ASSISTANCE ADMINISTRATION PROCEDURES SEC. 301. (a) All requests for a determination by the President that an emergency exists shall be made by the Governor of the affected State. Such request shall be based upon the Governor's finding that the tuation is of such severity and magnitude that effective response is yond the capabilities of the State and the affected local governments id that Federal assistance is necessary. The Governor's request will rnish information describing State and local efforts and resources hich have been or will be used to alleviate the emergency, and will fine the type and extent of Federal aid required. Based upon such overnor's request, the President may determine that an emergency ists which warrants Federal assistance. (b) All requests for a declaration by the President that a major dister exists shall be made by the Governor of the affected State. Such overnor's request shall be based upon a finding that the disaster is of ch severity and magnitude that effective response is beyond the pabilities of the State and the affected local governments and that ederal assistance is necessary. As a part of this request, and as a erequisite to major disaster assistance under the Act, the Governor all take appropriate action under State law and direct execution of e State's emergency plan. He shall furnish information on the exnt and nature of State resources which have been or will be used to leviate the conditions of the disaster, and shall certify that for the rrent disaster, State and local government obligations and expendires (of which State commitments must be a significant proportion) ill constitute the expenditure of a reasonable amount of the funds of ich State and local governments for alleviating the damage, loss, irdship, or suffering resulting from such disaster. Based upon such overnor's request, the President may declare that a major disaster kists, or that an emergency exists. FEDERAL ASSISTANCE SEC. 302. (a) In the interest of providing maximum mobilization of ederal assistance under this Act, the President shall coordinate, in ich manner as he may determine, the activities of all Federal agencies roviding disaster assistance. The President may direct any Federal gency, with or without reimbursement, to utilize its available pernnel, equipment, supplies, facilities, and other resources including anagerial and technical services in support of State and local disaster ssistance efforts. The President may prescribe such rules and regulaons as may be necessary and proper to carry out any of the provisions f this Act, and he may exercise any power or authority conferred on im by any section of this Act either directly or through such Fedral agency as he may designate. (b) Any Federal agency charged with the administration of a Fedral assistance program is authorized, if so requested by the applicant tate or local authorities, to modify or waive, for a major disaster, such dministrative conditions for assistance as would otherwise prevent he giving of assistance under such programs if the inability to meet uch conditions is a result of the major disaster. (c) Notwithstanding any other provision of law, any repair, restoation, reconstruction, or replacement of farm fencing damaged or estroyed as a result of any major disaster shall be considered an mergency conservation measure eligible for payments under chapter I f the Third Supplemental Appropriation Act, 1957, or any other rovision of law. COORDINATING OFFICERS SEC. 303. (a) Immediately upon his declaration of a major disaster, the President shall appoint a Federal coordinating officer to operate in the affected area. (b) In order to effectuate the purposes of this Act, the Federal coordinating officer, within the affected area, shall— (1) make an initial appraisal of the types of relief most urgently needed; (2) establish such field offices as he deems necessary and as are authorized by the President; (3) coordinate the administration of relief, including activities of the State and local governments, the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations, which agree to operate under his advice or direction, except that nothing contained in this Act shall limit or in any way affect the responsibilities of the American National Red Cross under the Act of January 5, 1905, as amended (33 Stat. 599); and (4) take such other action, consistent with authority delegated to him by the President, and consistent with the provisions of this Act, as he may deem necessary to assist local citizens and public officials in promptly obtaining assistance to which they are entitled. (c) When the President determines assistance under this Act is necessary, he shall request that the Governor of the affected State designate a State coordinating officer for the purpose of coordinating State and local disaster assistance efforts with those of the Federal Government. EMERGENCY SUPPORT TEAMS SEC. 304. The President shall form emergency support teams of Federal personnel to be deployed in an area affected by a major disaster or emergency. Such emergency support teams shall assist the Federal coordinating officer in carrying out his responsibilities pursuant to this Act. Upon request of the President, the head of any Federal agency is directed to detail to temporary duty with the emergency support teams on either a reimbursable or nonreimbursable basis, as is determined necessary by the President, such personnel within the administrative jurisdiction of the head of the Federal agency as the President may need or believe to be useful for carrying out the func tions of the emergency support teams, each such detail to be without loss of seniority, pay, or other employee status. EMERGENCY ASSISTANCE SEC. 305. (a) In any emergency, the President may provide assistance to save lives and protect property and public health and safety. (b) The President may provide such emergency assistance by directing Federal agencies to provide technical assistance and advisory per sonnel to the affected State to assist the State and local governments in (1) the performance of essential community services; warning of further risks and hazards; public information and assistance |