Disaster Relief Act Amendments
PL 93-288 (S.3062), enacted 05/22/1974

88 STAT. ] 
PUBLIC LAW 93-288-MAY 22, 1974 
143 
Public Law 93-287 
AN ACT 
To authorize the Secretary of State or such officer as he may designate to con-
clude an agreement with the People's Republic of China for indemnification for 
any loss or damage to objects in the "Exhibition of the Archeological Finds of 
the People's Republic of China" while in the possession of the Government of 
the United States. 
May 21, 1974 
[S.3304] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Secretary 
of State or such officer as he may designate is authorized to conclude an 
agreement with the Government of the People's Republic of China for 
indemnification of such Government, in accordance Math the terms of 
the agreement, for any loss or damage suffered by objects in the exhi-
bition of the archeological finds of the People's Republic of China 
from the time such objects are handed oA^er in Toronto, Canada, to a 
representative of the Government of the United States to the time they 
are handed over in Peking, China, to a representative of the Govern-
ment of the People's Republic of China. 
Approved May 21, 1974. 
Exhibition of 
the Archeological 
Finds of the 
People's Repub-
lic of China. 
Indemnification 
agreement. 
Public Law 93-288 
AN ACT 
Entitled the "Disaster Relief Act Amendments of 1974" 
May 22, 1974 
[S.3062] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may 
Disaster Relief 
be cited as the "Disaster Relief Act of 1974". 
TITLE I—FINDINGS, DECLARATIONS, AND 
DEFINITIONS 
Act of 1974. 
42 u s e 5121 
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 Govern-
ment to State and local governments in carrying out their responsibil-
ities to alleviate the suffering and damage which result from such 
disasters by— 
42 u s e 5121. 
144 
PUBLIC LAW 93-288-MAY 22, 1974 
[88 STAT. 
(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 dis-
aster preparedness and relief programs; 
(4) encouraging individuals. States, and local governments to 
protect themselves by obtaining insurance coverage to supple-
ment 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 for 
major disaster areas. 
DEFINITIONS 
42 use 5122. 
gj,(.^ ^Q2. As uscd lu this Act— ^ 
(1) "Emergency" means any hurricane, tornado, storm, flood, high 
water, wind-driven water, tidal wave, tsunami, earthquake, volcanic 
eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or 
other catastrophe in any part of the United States which requires 
Federal emergency assistance to supplement State and local efforts to 
save lives and protect property, public health and safety or to avert 
or lessen the threat of a disaster. 
(2) "Major disaster" means any hurricane, tornado, storm, flood, 
high water, wind-driven water, tidal wave, tsunami, earthquake, vol-
canic eruption, landslide, mudslide, snowstorm, drought, fire, explo-
sion, or other catastrophe 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, 
above and beyond emergency services by the Federal Government, to 
supplement the efforts and available resources of States, local govern-
ments, and disaster relief organizations in alleviating the damage, loss, 
hardship, or suffering caused thereby. 
(3) "United States" means the fifty States, the District of Colum-
bia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
Canal 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, 
the 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, 
district, or other political subdivision of any State, any Indian tribe 
or authorized tribal organization, or Alaska Native village or orga-
nization, and (B) includes any rural community or unincorporated 
town or village or any other public entity for which an application for 
assistance is made by a State or political subdivision thereof. 
(7) "Federal agency" means any department, independent estab-
lishment. Government corporation, or other agency of the executive 
branch of the Federal Government, including the United States Postal 
Service, but shall not include the American National Red Cross. 
88 STAT. ] 
PUBLIC LAW 93-288-MAY 22, 1974 
145 
TITLE II—DISASTEE PEEPAREDNESS ASSISTANCE 
FEDERAL AND STATE DISASTER PREPAREDNESS 
PROGRAMS 
SEC. 201. (a) The President is authorized to establish a program of 
'^^ use sui. 
disaster 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; 
(7) research. 
(b) The President shall provide technical assistance to the States Technical 
-I ' 
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(• 
assistance. 
m developing comprehensive plans and practicable programs lor prep-
aration 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 dam-
aged or destroyed public and private facilities. 
(c) Upon application by a State, the President is authorized to g^^j*^"'^'° 
make grants, not to exceed in the aggregate to such State $250,000, for 
the development of plans, programs, and capabilities for disaster pre-
paredness and prevention. Such grants shall be applied for within 
one year from the date of enactment of this Act. Any State desiring 
staje pian^^sub-
financial assistance under this section shall designate or create an ^enu 
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 appro-
priate 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 
Grants, umita-
centum of the cost of improving, maintaining and updating State dis- "°"^' 
aster 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 
42 use 5132. 
agencies are prepared to issue warnings of disasters to State and local 
officials. 
(b) The President shall direct appropriate Federal agencies to pro-
vide technical assistance to State and local governments to insure that 
ti mely and effective disaster warning is provided. 
146 
PUBLIC LAW 93-288-MAY 22, 1974 
[88 STAT. 
(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 sec-
tion 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 sys-
tems 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 
PROCEDUKES 
42 use 5141. 
gj,(._ 3Q]^^ ^g^^ ^11 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 Gx)vernor's 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. The Governor's request will 
furnish information describing 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 determine that an emergency 
exists which warrants Federal assistance. 
(b) All requests for a declaration by the President that a major dis-
aster exists shall be made by the Governor of the affected State. Such 
Governor's request shall be based upon 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 a part of this request, and as a 
prerequisite to major disaster assistance under the Act, the Governor 
shall take appropriate action under State law and direct execution of 
the State's emergency plan. He shall furnish information on the ex-
tent and nature of State resources which have been or will be used to 
alleviate the conditions of the disaster, and shall certify that for the 
current disaster. State and local government obligations and expendi-
tures (of which State commitments must be a significant proportion) 
will constitute the expenditure of a reasonable amount of the funds of 
such State and local governments for alleviating the damage, loss, 
hardship, or suffering resulting from such disaster. Based upon such 
Governor's request, the President may declare that a major disaster 
exists, or that an emergency exists. 
FEDERAL ASSISTANCE 
42 use 5142. 
gg(^ 302 (a) In the interest of providing maximum mobilization of 
Federal assistance under this Act, the President shall coordinate, in 
such manner as he may determine, the activities of all Federal agencies 
88 STAT. ] 
PUBLIC LAW 93-288-MAY 22, 1974 
147 
providing disaster assistance. The Pi-esident may direct any Federal 
agency, with or without reimbursement, to utilize its available per-
sonnel, equipment, supplies, facilities, and other resources including 
managerial and technical services in support of State and local disaster 
assistance efforts. The President may prescribe such rules and regula- 
Rules and 
tions as may be necessary and proper to carry out any of the provisions ^^^^ 
of this Act, and he may exercise any power or authority conferred on 
him by any section of this Act either directly or through such Fed-
eral agency as he may designate. 
(b) Any Federal agency charged vv-ith the administration of a Fed-
eral assistance program is authorized, if so requested by the applicant 
State or local authorities, to 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. 
(c) Notwithstanding any other provision of law, any repair, resto-
ration, reconstruction, or replacement of farm fencing damaged or 
destroyed as a result of any major disaster shall be considered an 
emergency conservation measure eligible for payments under chapter I 
of the Third Supplemental Appropriation Act, 1957, or any other 
7i stat. i76. 
provdsion of law. 
COORDINATING OFFICERS 
SEC. tOo. (a) Immediately upon his declaration of a major disaster, 
'*2 use 5143. 
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 Bed 
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 con-
tained in this Act shall limit or in any way affect the responsi-
bilities of the American National Red Cross under the Act of 
January 5, 1905, as amended (33 Stat, 699); and 
^^ use 1. 
(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 
^^^'« coordi-
necessary, he shall request that the Governor of the affected State des- "^''"^ officer. 
ignate a State coordinating officer for the purpose of coordinating 
State and local disaster assistance efforts with those of the Federal 
Government. 
148 
PUBLIC LAW 93-288-MAY 22, 1974 
[88 STAT. 
EMERGENCY SUPPORT TEAMS 
42 use 5144. 
SEC. 304. The President shall form emergency support teams of 
Federal personnel to be deployed in an area affected by a major dis-
aster or emergency. Such emergency support teams shall assist the 
Federal coordinating officer in carrying out his responsibilities pur-
suant to this Act. Upon request of the President, the head of any Fed-
eral 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 
42 use 5145. 
gj,Q^ 305_ (^a) In any emergency, the President may provide assist-
ance to save lives and protect property and public health and safety. 
(b) The President may provide such emergency assistance by direct-
ing Federal agencies to provide technical assistance and advisory 
personnel to the affected State to assist the State and local govern-
ments in— 
(1) the performance of essential community services; warning 
of further risks and hazards; public information and assistance 
in health and safety measures; technical advice on management 
and control; and reduction of immediate threats to public health 
and safety; and 
(2) the distribution of medicine, food, and other consumable 
supplies, or emergency assistance. 
(c) In addition, in any emergency, the President is authorized to 
provide such other assistance under this Act as the President deems 
appropriate. 
COOPERATION OF FEDERAL AGENCIES I N RENDERING DISASTER ASSISTANCE 
4 2 use 5146. 
gjj(-;_ 306. (a) In any major disaster or emergency. Federal agencies 
are hereby authorized, on the direction of the President, to provide 
assistance by— 
(1) utilizing or lending, with or without compensation there-
for, to States and local governments, their equipment, supplies, 
facilities, personnel, and other resources, other than the extension 
of credit under the authority of any Act; 
(2) distributing or rendering, through the American National 
Red Cross, the Salvation Army, the Mennonite Disaster Service, 
and other relief and disaster assistance organizations, or other-
wise, medicine, food and other consumable supplies, or emer-
gency assistance; 
(3) donating or lending equipment and supplies, including 
that determined in accordance with applicable laws to be surplus 
to the needs and responsibilities of the Federal Government, to 
State and local governments for use or distribution by them for 
the purposes of this Act; and 
88 STAT. ] 
PUBLIC LAW 93-288-MAY 22, 1974 
149 
(4) Performing on public or private lands or waters any emer-
gency work or services essential to save lives and to protect and 
preserve property, public health and safety, including but not 
limited to: search and rescue, emergency medical care, emergency 
mass care, emergency shelter, and provisions of food, water, medi-
cine, and other essential needs, including movement of supplies 
or persons; clearance of roads and construction of temporary 
bridges necessary to the performance of emergency tasks and 
essential community services; provision of temporary facilities 
for schools and other essential community services; demolition of 
unsafe structures that endanger the public; warning of further 
risks and hazards; public information and assistance on health 
and safety measures; technical advice to State and local govern-
ments on disaster management and control; reduction of immedi-
ate threats to life, property, and public health and safety; and 
making contributions to State or local governments for the pur-
pose of carrying out the provisions of this paragraph, 
(b) Work performed under this section shall not preclude addi-
tional Federal assistance under any other section of this Act. 
REIMBURSEMENT 
SEC. 307. Federal agencies may be reimbursed for expenditures 
^2 use 5147,. 
under this Act from funds appropriated for the purposes of this Act. 
Any funds received by Federal agencies as reimbursement for services 
or supplies furnished under the authority of this Act shall be deposited 
to the credit of the appropriation or appropriations currently avail-
able for such services or supplies. 
JSrONLIABILITY 
SEC. 308. The Federal Government shall not be liable for any claim 
42 use 5148. 
based upon the exercise or performance of or the failure to exercise 
or perform a discretionary function or duty on the part of a Federal 
agency or an employee of the Federal Government in carrying out the 
provisions of this Act. 
PERFORMANCE or SERVICES 
SEC. 309. (a) In carrying out the purposes of this Act, any Federal 
42usc 5149. 
agency is authorized to accept and utilize the services or facilities of 
any State or local government, or of any agency, office, or- employee 
thereof, with the consent of such government. 
(b) In performing any services under this Act, any Federal agency 
is authorized— 
(1) to appoint and fix the compensation of such temporary 
personnel as may be necessary, without regard to the provisions 
of title 5, United States Code, governing appointments in com- 
s use 101 et 
petitive service; 
^^^' 
(2) to employ experts and consultants in accordance with the 
provisions of section 3109 of such title, without regard to the pro-
visions of chapter 51 and subchapter I I I of chapter 53 of such 
title relating to classification and General Schedule pay rates; and 
s use sioi, 
(3) to incur obligations on behalf of the United States by ^^^^* 
contract or otherwise for the acquisition, rental, or hire of equip-
ment, services, materials, and supplies for shipping, drayage, 
travel, and communications, and for the supervision and admin-
istration of such activities. Such obligations, including obliga-
tions arising out of the temporary employment of additional 
38-194 O - 76 - 13 Pt. 1 
150 
PUBLIC LAW 93-288-MAY 22, 1974 
[88 STAT. 
42 use 5150. 
42 u s e 5151, 
42 u s e 5152. 
42 u s e 5153. 
personnel, may be incurred by an agency in such amount as may 
be made available to it by the President. 
USE o r LOCAL FIRMS AND INDIVIDUALS 
SEC. 310. In the expenditure of Federal funds for debris clearance, 
distribution of supplies, reconstruction, and other major disaster assist-
ance activities which may be carried out by contract or agreement 
with private organizations, firms, or individuals, preference shall be 
given, to the extent feasible and practicable, to those organizations, 
firms, and individuals residing or doing business primarily in the area 
affected by such major disaster. 
NONDISCRIMINATION IN DISASTER ASSISTANCE 
SEC. 311. (a) The President shall issue, and may alter and amend, 
such regulations as may be necessary for the guidance of personnel 
carrying out Federal assistance functions at the site of a major disaster 
or emergency. Such regulations shall include provisions for insuring 
that the distribution of supplies, the processing of applications, and 
other relief and assistance activities shall be accomplished in an equi-
table and impartial manner, without discrimination on the grounds of 
race, color, religion, nationality, sex, age, or economic status. 
(b) As a condition of participation in the distribution of assistance 
or supplies under this Act or of receiving assistance under section 402 
or 404 of this Act, governmental bodies and other organizations shall 
be required to comply with regulations relating to nondiscrimination 
promulgated by the President, and such other regulations applicable 
to activities within an area affected by a major disaster or emergency 
as he deems necessary for the effective coordination of relief efforts. 
USE AND COORDINATION OF RELIEF ORGANIZATIONS 
SEC. 312. (a) In providing relief and assistance under this Act, the 
President may utilize, with their consent, the personnel and facilities 
of the American National Red Cross, the Salvation Army, the Men-
nonite Disaster Service, and other relief or disaster assistance orga-
nizations, in the distribution of medicine, food, supplies, or other 
items, and in the restoration, rehabilitation, or reconstruction of com-
munity services housing and essential facilities, whenever the Presi-
dent finds that such utilization is necessary. 
(b) The President is authorized to enter into agreements with the 
American National Red Cross, the Salvation Army, the Mennonite 
Disaster Service, and other relief or disaster assistance organizations 
under which the disaster relief activities of such organizations may be 
coordinated by the Federal coordinating officer whenever such organi-
zations are engaged in providing relief during and after a major 
disaster or emergency. Any such agreement shall include provisions 
assuring that use of Federal facilities, supplies, and services will be 
in compliance with regulations prohibiting duplication of benefits and 
guaranteeing nondiscrimination promulgated by the President under 
this Act, and such other regulation as the President may require. 
PRIORITY TO CERTAIN APPLICATIONS FOR PUBLIC FACILITY AND PUBLIC 
HOUSING ASSISTANCE 
SEC. 313. (a) In the processing of applications for assistance, pri-
ority and immediate consideration shall be given by the head of the 
appropriate Federal agency, during such period as the President shall 
42 
42 
40 
42 
use 
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1491. 
1430. 
462. 
3102. 
7 u s e 1926. 
42 
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40 
33 
use 
use 
use 
3121 
app. 1 
1281. 
88 STAT. ] 
PUBLIC LAW 93-288-MAY 22, 1974 
151 
prescribe, to applications from public bodies situated in areas affected 
by major disasters, under the following Acts: 
(1) title I I of the Housing Amendments of 1955, or any other 
Act providing assistance for repair, construction, or extension of 
public facilities; 
(2) the United States Housing Act of 1937 for the provision of 
low-rent housing; 
(3) section 702 of the Housing Act of 1954 for assistance in 
public works planning; 
(4) section 702 of the Housing and Urban Development Act of 
1965 providing for grants for public facilities; 
(5) section 306 of the Consolidated Farmers Home Administra-
tion Act; 
(6) the Public Works and Economic Development Act of 1965, 
as amended; 
(7) the Appalachian Regional Development Act of 1965, as 
amended; or 
(8) title I I of the Federal Water Pollution Control Act, as 
amended. 
(b) 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 in major 
disaster areas in which a Recovery Planning Council has been des-
ignated pursuant to title VIII of the Public Works and Economic 
Development Act of 1965. 
^°^*' P- ^^O. 
INSURANCE 
SEC. 314. (a) (1) An applicant for assistance under section 402 or 
42 use 5154. 
419 of this Act or section 803 of the Public Works and Economic 
Development Act of 1965, shall comply with regulations prescribed by 
^o^'' P- ^si* 
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) In making his determination with respect to such availability, 
adequacy and necessity, the President shall not require greater types 
and extent of insurance than are certified to him as reasonable by the 
appropriate State insurance commissioner responsible for regulation 
of such insurance. 
(b) No applicant for assistance under section 402 or 419 of this Act 
or section 803 of the Public Works and Economic Development Act of 
1965, shall receive such assistance for any property or part thereof for 
which he 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. 
(c) A State may elect to act as a self-insurer with respect to any 
or all of the facilities belonging to it. Such an election, if declared in 
writing at the time of accepting assistance under section 402 or 419 of 
this Act or section 803 of the Public Works and Economic Develop-
ment Act of 1965, or subsequently, and accompanied by a plan for self-
insurance which is satisfactory to the President, shall be deemed 
compliance with subsection (a) of this section. No such self-insurer 
shall receive assistance under such sections 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. 
152 
PUBLIC LAW 93-288-MAY 22, 1974 
[88 STAT. 
DUPLICATION OF BENEFITS 
42 use 5155. 
gjgc^ 3i5_ (a) The President, in consultation with the head of each 
Federal agency administering any program providing financial assist-
ance to persons, business concerns, or other entities suffering losses as 
the result of a major disaster, 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 financial assistance under 
any other program. 
(b) The President shall assure that no person, business concern, or 
other entity receives any Federal assistance for any part of a loss suf-
fered as the result of a major disaster if such person, concern, or entity 
received compensation from insurance or any other source for that part 
of such a loss. Partial compensation for a loss or a part of a loss result-
ing from a major disaster shall not preclude additional Federal assist-
ance for any part of such a loss not compensated otherwise. 
(c) Whenever the President determines (1) that a person, business 
concern, or other entity has received assistance under this Act for a 
loss and that such person, business concern or other entity received 
assistance for the same loss from another source, and (2) that the 
amount received from all sources exceeded the amount of the loss, he 
shall direct such person, business concern, or other entity to pay to 
the Treasury an amount, not to exceed the amount of Federal assist-
ance received, sufficient to reimburse the Federal Government for that 
part of the assistance which he deems excessive. 
REVIEWS AND REPORTS 
C(!l^relV° 
^^^' ^^^' '^^^^ President shall conduct annual reviews of the activi-
42 use 5156. 
ties of Federal agencies and State and local governments providing 
disaster preparedness and assistance, in order to assure maximum 
coordination and effectiveness of such programs, and shall from time 
to time report thereon to the Congress. 
CRIMINAL AND CIVIL PENALTIES 
42 use 5157. 
gj,(3_ ^I'j^ (^^^ j^j^y individual who fraudulently or willfully mis-
states any fact in connection with a request for assistance under this 
Act shall be fined not more than $10,000 or imprisoned for not more 
than one year or both for each violation. 
(b) Any individual who knowingly violates any order or regula-
tion under this Act shall be subject to a civil penalty of not more than 
$5,000 for each violation. 
(c) Whoever knowingly misapplies the proceeds of a loan or other 
cash benefit obtained under any section of this Act shall be subject to 
a fine in an amount equal to one and one-half times the original prin-
cipal amount of the loan or cash benefit. 
AVAILABILITY OF MATERIALS 
42 use 5158. 
gj,(3_ 3]^g_ "Yhe President is authorized, at the request of the Governor 
of an affected State, to provide for a survey of construction materials 
needed in the ai-ea affected by a major disaster on an emergency basis 
for housing repairs, replacement housing, public facilities repairs and 
replacement, farming operations, and business enterprises and to take 
appropriate action to assure the availability and fair distribution of 
needed materials, including, where possible, the allocation of such 
materials for a period of not more than one hundred and eighty days 
after such major disaster. Any allocation program shall be imple-
88 STAT. ] 
PUBLIC LAW 93-288-MAY 22, 1974 
153 
merited by the President to the extent possible, by working with and 
through those companies which traditionally supply construction 
materials in the affected area. For the purposes of this section "con-
struction materials" shall include building materials and materials 
required for repairing housing, replacement housing, public facilities 
repairs and replacement, and for normal farm and business operations. 
TITLE IV—FEDERAL DISASTER 
PROGRAMS 
ASSISTANCE 
"Construction 
materials." 
FEDERAL FACILITIES 
SEC. 401. (a) The President may authorize any Federal agency 
to repair, reconstruct, restore, or replace any facility owned by the 
United States and under the jurisdiction of such agency which is 
damaged or destroyed by any major disaster if he determines that such 
repair, reconstruction, restoration, or replacement is of such impor-
tance and urgency that it cannot reasonably be deferred pending the 
enactment of specific authorizing legislation or the making of an 
appropriation for such purposes, or the obtaining of congressional 
committee approval. 
(b) In order to carry out the provisions of this section, such repair, 
reconstruction, restoration, or replacement may be begun notwith-
standing a lack or an insufficiency of funds appropriated for such pur-
pose, where such lack or insufficiency can be remedied by the transfer, 
in accordance with law, of funds appropriated to that agency for 
another purpose. 
(c) In implementing this section. Federal agencies shall evaluate 
the natural hazards to which these facilities are exposed and shall take 
appropriate action to mitigate such hazards, including safe land-use 
and construction practices, m accordance with standards prescribed by 
the President. 
42 u s e 5171, 
REPAIR AND RESTORATION OP DAMAGED FACILITIES 
SEC. 402. (a) The President is authorized to make contributions to 
State or local governments to help repair, restore, reconstruct, or 
replace public facilities belonging to such State or local governments 
which were damaged or destroyed by a major disaster. 
(b) The President is also authorized to make grants to help repair, 
restore, reconstruct, or replace private nonprofit educational, utility, 
emergency, medical, and custodial care facilities, including those for 
the aged or disabled, and facilities on Indian reservations as defined 
by the President, which were damaged or destroyed by a major disaster. 
(c) For those facilities eligible under this section which were in the 
process of construction when damaged or destroyed by a major dis-
aster, the grant shall be based on the net costs of restoring such facili-
ties substantially to their predisaster condition. 
(d) For the purposes of this section, "public facility" includes any 
publicly owned flood control, navigation, irrigation, reclamation, pub-
lic power, sewage treatment and collection, water supply and distribu-
tion, watershed development, or airport facility, any non-Federal-aid 
street, road, or highway, any other public building, structure, or sys-
tem including those used for educational or recreational purposes, and 
any park. 
(e) The Federal contribution for grants made under this section 
shall not exceed 100 per centum of the net cost of repairing, restoring, 
reconstructing, or replacing any such facility on the basis of the 
42 u s e 5172,. 
'Public facil-
ity. 
Limitation. 
154 
PUBLIC LAW 93-288-MAY 22, 1974 
[88 STAT. 
design of such facility as it existed immediately prior to such disaster 
and in conformity with current applicable codes, specifications, and 
standards. 
(f) In those cases where a State or local government determines 
that public welfare would not be best served by repairing, restoring, 
reconstructing, or replacing particular public facilities owned or con-
trolled by that State or that local government which have been dam-
aged or destroyed in a major disaster, it may elect to receive, in lieu 
of the contribution described in subsection (e) of this section, a contri-
bution based on 90 per centum of the Federal estimate of the total cosl: 
of repairing, restormg, reconstructing, or replacing all damaged facili-
ties owned by it within its j urisdiction. The cost of repairing, restoring, 
reconstructing, or replacing damaged or destroyed public facilities 
shall be estimated on the basis of the design of each such facility as 
it existed immediately prior to such disaster and in conformity with 
current applicable codes, specifications and standards. Funds contrib-
uted under this subsection may be expended either to repair or restore 
certain selected damaged public facilities or to construct new public 
facilities which the State or local government determines to be neces-
sary to meet its needs for governmental services and functions in the 
disaster-affected area. 
DEBRIS 
REMOVAL 
42 use 5173. 
S'EC. 403. (a) 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 for the 
purpose of removing debris or wreckage resulting from a major 
disaster from publicly or privately owned lands and waters. 
(b) 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. 
42 u s e 5174, 
TEMPORARY HOUSING 
ASSISTANCE 
SEC. 404. (a) The President is authorized to provide, either by 
purchase or lease, temporary housing, including, but not limited to, 
unoccupied habitable dwellings, suitable rental housing, mobile homes 
or other readily fabricated dwellings for those who, as a result of a 
major disaster, require temporary housing. During the first twelve 
months of occupancy no rentals shall be established for any such 
accommodations, and thereafter rentals shall be established, based 
upon fair market value of the accommodations being furnished, 
adjusted to take into consideration the financial ability of the 
occupant. Any mobile home or readily fabricated dwelling shall be 
placed on a site complete with utilities provided either by the State 
or local government, or by the owner or occupant of the site who was 
displaced by the major disaster, without charge to the United States. 
The President may authorize installation of essential utilities at 
Federal expense and he may elect to provide other more economical 
or accessible sites when he determines such action to be in the public 
interest. 
88 STAT. ] 
PUBLIC LAW 93-288-MAY 22, 1974 
155 
(b) 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 reason of 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 
for a period of not to exceed one year or for the duration of the period 
"' ' 
of financial hardship, whichever is the lesser. 
(c) In lieu of providing other types of 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 with minimal repairs. No assistance provided under this 
section may be used for major reconstruction or rehabilitation of 
damaged property. 
(d)(1) Notwithstanding any other 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) The President may sell or otherwise make available temporary 
• 
housing units directly to States, other governmental entities, and 
voluntary organizations. The President shall impose as a condition of 
. Nondiscrimina-
transfer under this paragraph a covenant to comply with the 
provisions of section 311 of this Act requiring nondiscrimination in 
occupancy of such temporary housing units. Such disposition shall be 
limited to units purchased under the provisions of subsection (a) of 
this section and to the purposes of providing temporary housing for 
disaster victims in emergencies or in major disasters. 
PROTECTION OF ENVIRONMENT 
SEC. 405. No action taken or assistance j^rovided pursuant to sec- 
42 use sirs. 
tions 305, 306, or 403 of this Act, or any assistance provided pursuant 
to section 402 or 419 of this Act that has the effect of restoring facili-
ties substantially as they existed prior to the disaster, shall be deemed 
a major Federal action significantly affecting the quality of the human 
environment within the meaning of the National Environmental Pol-
icy Act of 1969 (83 Stat. 852). Nothing in this section shall alter or 
42 use 4321 
affect the applicability of the National Environmental Policy Act of "°*^" 
1969 (83 Stat. 852) to other Federal actions taken under this Act or 
under any other provision of law. 
M I N I M U M STANDARI>S EOR PUBLIC AND PRIVATE STRUCTURES 
SEC. 406. As a condition of any disaster loan or grant made under 
"
^
^ use si76. 
the provisions of this Act, the recipient shall agree that any repair or 
construction to be financed therewith shall be in accordance with appli-
cable standards of safety, decency, and sanitation and in conformity 
with applicable codes, specifications, and standards, and shall furnish 
such evidence of compliance with this section as may be required by 
regulation. As a further condition of any loan or grant made under 
the provisions of this Act, the State or local government shall agree 
Natural hazards, 
that the natural hazards in the areas in which the proceeds of the 
grants or loans are to be used shall be evaluated and appropriate action 
shall be taken to mitigate such hazards, including safe land-use and 
construction practices, in accordance with standards prescribed or 
evaluation. 
156 
PUBLIC LAW 93-288-MAY 22, 1974 
[88 STAT. 
approved by the President after adequate consultation with the appro-
priate elected officials of general purpose local governments, and the 
State shall furnish such evidence of compliance with this section as 
may be required by regulation. 
42 u s e 5177. 
Time limita-
tion. 
Agreement with 
States. 
Reemployment 
assistance serv-
ices. 
UNEMPLOYMENT ASSISTANCE 
SEC. 407. (a) The President is authorized to provide to any indi-
vidual unemployed as a result of a major disaster such benefit assist-
ance as he deems appropriate while such individual is unemployed. 
Such assistance as the President shall provide shall be available to an 
individual as long as the individual's unemployment caused by the 
major disaster continues or until the individual is reemployed in a 
suitable position, but no longer than one year after the major disaster 
is declared. Such assistance for a week of unemployment shall not 
exceed the maximum weekly amount authorized under the unemploy-
ment compensation law of the State in whiclh the disaster occurred, 
and the amount of assistance under this section to any such individual 
for a week of unemployment shall be reduced by any amount of unem-
ployment compensation or of private income protection insurance 
compensation available to such individual for such week of unem-
ployment. The President is directed to provide such assistance through 
agreements with States which, in his judgment, have an adequate sys-
tem for administering such assistance through existing State agencies. 
(b) The President is further authorized for the purposes of this 
Act to provide reemployment assistance services under other laws to 
individuals who are unemployed as a result of a major disaster. 
42 
use 
5178. 
Federal 
share. 
Advances. 
Limitation. 
Regulations. 
Administration 
expenses, limi-
tation. 
Effective date. 
42 u s e 5178 
note. 
INDIVIDUAL AND FAMILY GRANT PROGRAMS 
SEC. 408. (a) The President is authorized to make a grant to a State 
for the purpose of such State making grants to meet disaster-related 
necessary expenses or serious needs of individuals or families adversely 
affected by a major disaster 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 from other means. The Governor 
of a State shall administer the grant program authorized by this 
section. 
(b) The Federal share of a grant to an individual or a family under 
this section shall be equal to 75 per centum of the actual cost of meet-
ing such an expense or need and shall be made only on condition that 
the remaining 25 per centum of such cost is paid to such individual 
or family from funds made available by a State. Where a State is 
unable immediately to pay its share, the President is authorized to 
advance to such State such 25 per centum share, and any such advance 
is to be repaid to the United States when such State is able to do so. 
No individual and no family shall receive any grant or grants under 
this section aggregating more than $5,000 with respect to any one 
major disaster. 
(c) 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 made under this section. 
(d) A State may expend not to exceed 3 per centum of any grant 
made by the President to it under subsection (a) of this section for 
expenses of administering grants to individuals and families under 
this section. 
(e) This section shall take effect as of April 20, 1973. 
88 STAT. ] 
PUBLIC LAW 93-288-MAY 22, 1974 
157 
FOOD COUPONS AND DISTRIBUTION 
SEC. 409. (a) Whenever the President determines that, as a result 
'^^ ^^^ ^^^^• 
of a major disaster, low-income households are unable to purchase 
adequate amounts of nutritious food, he is authorized, under such 
terms and conditions as he may prescribe, to distribute through the 
Secretary of Agriculture or other appropriate agencies coupon allot-
ments to such households pursuant to the provisions of the Food Stamp 
Act of 1964 (P.L. 91-671; 84 Stat. 2048) and to make surplus com- JJ^c 
2011 
raodities available pursuant to the provisions of this Act. 
(b) The President, through the Secretary of Agriculture or other 
appropriate agencies, is authorized to continue to make such coupon 
allotments and surplus commodities available to such households for 
so long as he determines necessary, taking into consideration such 
factors as he deems appropriate, including the consequences of the 
major disaster on the earning power of the households, to which assist-
ance is made available under this section. 
(c) ISTothing in this section shall be construed as amending or other-
wise changing the provisions of the Food Stamp Act of 1964 except 
as they relate to the availability of food stamps in an area affected by 
a major disaster. 
FOOD COMMODITIES 
SEC. 410. (a) The President is authorized and directed to assure jg^^^'"^^"''^ ""^^^ 
that adequate stocks of food will be ready and conveniently available 
42 use 51 so. 
for emergency mass feeding or distribution in any area of the United 
States which suffers a major disaster or emergency. 
(b) The Secretarv of Agriculture shall utilize funds appropriated 
under section 32 of"^the Act of August 24, 1935 (7 U.S.C. 612c), to 
purchase food commodities necessary to provide adequate supplies for 
use in any area of the United States in the event of a major disaster 
or emergency in such area. 
RELOCATION 
ASSISTANCE 
SEC. 411. Notwithstanding any other provision of law, no person 
^2 use sisi., 
otherwise eligible for any kind of replacement housing payment under 
the Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970 (P.L. 91-646) shall be denied such eligibility as J^l^^^^ ^^°^ 
a result of his being unable, because of a major disaster as determined 
by the President, to meet the occupancy requirements set by such Act. 
LEGAL SERVICES 
SEC. 412. Whenever the President determines that low-income indi- 
'^^ ^^'^ ^^^^' 
viduals are unable to secure legal services adequate to meet their needs 
as a consequence of a major disaster, consistent with the goals of the 
programs authorized by this Act, the President shall assure that such 
programs are conducted with the advice and assistance of appropriate 
Federal agencies and State and local bar associations. 
CRISIS COUNSELING ASSISTANCE AND TRAINING 
SEC. 413. The President is authorized (through the National Insti- 
^^ use siss. 
tute of Mental Health) to provide professional counseling services, 
including financial assistance to State or local agencies or private 
inental health organizations to provide such services or training of 
disaster workers, to victims of major disasters in order to relieve 
mental health problems caused or aggravated by such major disaster 
or its aftermath. 
158 
PUBLIC LAW 93-288-MAY 22, 1974 
[88 STAT. 
Loans to local 
governments. 
42 u s e 5184. 
Repayment. 
31 u s e 1261 
and note. 
31 use 1264. 
Ante, p. 146. 
Effective date. 
31 use 1264 
note. 
42 use 5185. 
COMMUNITY DISASTER LOANS 
SEC. 414. (a) The President is authorized to make loans to any local 
government which may suffer a substantial loss of tax and other reve-
nues as a result of a major disaster, and has demonstrated a need for 
financial assistance in order to perform its governmental functions. 
The amount of any such loan shall be based on need, and shall not 
exceed 25 per centum of the annual operating budget of that local gov-
ernment for the fiscal year in which the major disaster occurs. Repay-
ment of all or any part of such loan to the extent that revenues of the 
local government during the three full fiscal year period folloAving 
the major disaster are insufiicient to meet the operating budget of the 
local government, including additional disaster-related expenses of a 
municipal operation character shall be cancelled. 
(b) Any loans made under this section shall not reduce or otherwise 
affect any grants or other assistance under this Act. 
(c) (1) Subtitle C of title I of the State and Local Fiscal Assistance 
Act of 1972 (P.L. 92-512; 86 Stat. 919) is amended by adding at the 
end thereof the following new section: 
"SEC. 145. ENTITLEMENT FACTORS AFFECTED BY MAJOR DISASTERS. 
"In the administration of this title the Secretary shall disregard 
any change in data used in determining the entitlement of a State 
government or a unit of local government for a period of 60 months 
if that change— 
"(1) results from a major disaster determined by the President 
under section 301 of the Disaster Relief Act of 1974, and 
" (2) reduces the amount of the entitlement of that State gov-
ernment or unit of local government.". 
(2) The amendment made by this section takes effect on April 1, 
1974. 
EMERGENCY COMMUNICATIONS 
SEC. 415. The President is authorized during, or in anticipation of, 
an emergency or major disaster to establish temporary communica-
tions systems and to make such communications available to State and 
local government officials and other persons as he deems appropriate. 
42 u s e 5186. 
EMERGENCY PUBLIC TRANSPORTATION 
SEC. 416. The President is authorized to provide temporary public 
transportation service in an area affected by a major disaster to meet 
emergency needs and to provide transportation to governmental offices, 
supply centers, stores, post offices, schools, major employment centers, 
and such other places as may be necessary in order to enable the com-
munity to resume its normal pattern of life as soon as possible. 
42 u s e 5187. 
FIRE SUPPRESSION GRANTS 
SEC. 417. The President is authorized to provide assistance, includ-
ing grants, equipment, supplies, and personnel, to any State for the 
suppression of any fire on publicly or privately owned forest or grass-
land which threatens such destruction as would constitute a major 
disaster. 
TIMBER SALE CONTRACTS 
Cost-sharing. 
42 use 5188. 
SEC. 418. (a) Where an existing timber sale contract between the 
Secretary of Agriculture or the Secretary of the Interior and a timber 
88 STAT. ] 
PUBLIC L
A
W 93-288-MAY 22, 1974 
159 
purchaser does not provide relief from major physical change not due 
to negligence of the purchaser prior to approval of construction of any 
section of specified road or of any other specified development facility 
and, as a result of a major disaster, a major physical change results in 
additional construction work in connection with such road or facility 
by such purchaser with an estimated cost, as determined by the appro-
priate Secretary, (1) of more than $1,000 for sales under one million 
board feet, (2) of more than $1 per thousand board feet for sales of 
one to three million board feet, or (3) of more than $3,000 for sales 
over three million board feet, such increased construction cost shall be 
borne by the United States. 
(b) If the appropriate Secretary determines that damages are so 
contract cancel-
great that restoration, reconstruction, or construction is not practical ^^*^°"' 
under the cost-sharing arrangement authorized by subsection (a) of 
this section, he may allow cancellation of a contract entered into by 
his Department notwithstanding contrary provisions therein. 
(c) The Secretary of Agriculture is authorized to reduce to seven 
saie o
f timber, 
days the minimum period of advance public notice required by the "°*^''^* 
first section of the Act of June 4, 1897 (16 U.S.C. 476), in connection 
with the sale of timber from national forests, whenever the Secretary 
determines that (1) the sale of such timber will assist in the construc-
tion of any area of a State damaged by a major disaster, (2) the sale 
of such timber will assist in sustaining the economy of such area, or 
(3) the sale of such timber is necessary to salvage the value of timber 
damaged in such major disaster or to protect undamaged timber. 
(d) The President, when he determines it to be in the public inter-
est, is authorized to make grants to any State or local government for 
the purpose of removing from privately owned lands timber damaged 
as a result of a major disaster, and such State or local government is 
authorized upon application, to make payments out of such grants to 
any person for reimbursement of expenses actually incurred by such 
person in the removal of damaged timber, not to exceed the amount 
that such expenses exceed the salvage value of such timber. 
IN-LIEU CONTRIBUTION 
SEC. 419. In any case in which the Federal estimate of the total 
^2 use 5i89. 
cost of (1) repairing, restoring, reconstructing, or replacing, under 
section 402, all damaged or destroyed public facilities owned by a 
State or local government within its jurisdiction, and (2) emergency 
' 
assistance under section 306 and debris removed under section 403, is 
less than $25,000, then on application of a State or local government, 
the President is authorized to make a contribution to such State or 
local government under the provisions of this section in lieu of any 
contribution to such State or local government under section 306, 402, 
or 403. Such contribution shall be based on 100 per centum of such total 
estimated cost, which may be expended either to repair, restore, recon-
struct, or replace all such damaged or destroyed public facilities, to 
repair, restore, reconstruct, or replace certain selected damaged or 
destroyed public facilities, to construct new public facilities which the 
State or local government determines to be necessary to meet its needs 
for governmental services and functions in the disaster-affected area, 
or to undertake disaster work as authorized in section 306 or 403. The 
cost of repairing, restoring, reconstructing, or replacing damaged or 
destroyed public facilities shall be estimated on the basis of the design 
of each such facility as it existed immediately prior to such disaster 
and in conformity with current applicable codes, specifications and 
standards. 
160 
PUBLIC LAW 93-288-MAY 22, 1974 
[88 STAT. 
TITLE V—ECONOMIC KECOVEEY FOR DISASTER AREAS 
AMENDMENT TO PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 19 6 5 
SEC. 501. The Public Works and Economic Development Act of 
nole ^^*^ ^^^^ 
1965, as amended, is amended by adding at the end thereof the follow-
ing new title: 
"TITLE VIII—ECONOMIC RECOVERY FOR DISASTER 
AREAS 
"PURPOSE OF TITLE 
42 use 3231. 
"SEC. 801. (a) It is the purpose of this title to provide assistance 
for the economic recovery, after the period of emergency aid and 
replacement of essential facilities and services, of any major disaster 
area which has suffered a dislocation of its economy of sufficient sever-
ity to require (1) assistance in planning for development to replace 
that lost in the major disaster; (2) continued coordination of assist-
ance available under Federal-aid programs; and (3) 
continued 
assistance toward the restoration of the employment base. 
''Major disas- 
"(b) J^Q uscd lu this title, the term 'major disaster' means a major 
disaster declared by the President in accordance with the Disaster 
Ante, p. 143. 
j^glief Act of 1974. 
"DISASTER RECOVERY PLANNING 
ning cTuncir^"' 
"SEC. 802. (a) (1) lu the case of any area affected by a major disaster 
designation.' 
the Govcmor may request the President for assistance under this title. 
42 use 3232. 
jj^^ Govemor, within thirty days after authorization of such assist-
ance by the President, shall designate a Recovery Planning Council 
for such area or for each part thereof. 
Membership. 
a^2) Such Rccovcry Planning Council shall be composed of not less 
than five members, a majority of whom shall be local elected officials 
of political subdivisions within the affected areas, at least one repre-
sentative of the State, and a representative of the Federal Government 
appointed by the President in accordance with paragraph (3) of this 
subsection. During the major disaster, the Federal coordinating officer 
shall also serve on the Recovery Planning Council. 
"(3) The Federal representative on such Recovery Planning Coun-
cil may be the Chairman of the Federal Regional Council for the 
affected area, or a member of the Federal Regional Council desig-
nated by the Chairman of such Regional Council. The Federal repre-
sentative on such Recovery Planning Council may be the Federal 
Cochairman of the Regional Commission established pursuant to title 
V of this Act, or the Appalachian Regional Development Act of 1965, 
or his designee, where all of the area affected by a major disaster is 
within the boundaries of such Commission. 
"(4) The Governor may designate an existing multijurisdictional 
organization as the Recovery Planning Council where such organiza-
tion complies with paragraph (2) of this subsection with the addition 
of State and Federal representatives except that if all or part of an 
area affected by a major disaster is within the jurisdiction of an exist-
ing multi 
jurisdictional organization established under title IV of 
this Act or title I I I of the Appalachian Regional Development Act of 
3
0
^
1
° ^^^ ^^^' 
1965, such organization, with the addition of State and Federal repre-
sentatives in accordance with paragraph (2) of this subsection, shall 
be designated by the Governor as the Recovery Planning Council. In 
42 u s e 3181, 
40 u s e app. 1, 
42 u s e 3161. 
88 STAT. ] 
PUBLIC LAW 93-288-MAY 22, 1974 
161 
any case in which such title I I I or IV organization is designated as the 
Recovery Planning Council under this paragraph, some local elected 
officials of political subdivisions within the affected areas must be 
appointed to serve on such Recovery Planning Council. Where pos-
sible, the organization designated as the Recovery Planning Council 
shall be or shall be subsequently designated as the appropriate agency 
required by section 204 of the Demonstration Cities and Metropolitan 
Development Act of 1966 (42 U . S J C . 3334) and by the Intergovern-
mental Cooperation Act of 1968 (P.L. 90-577; 82 Stat. 1098). 
"(5) The Recovery Planning Council shall include private citizens 
as members to the extent feasible, and shall provide for and encourage 
public participation in its deliberations and decisions. 
"(b) The Recovery Planning Council (1) shall review existing 
plans for the affected area; and (2) may recommend to the Governor 
and responsible local governments such revisions as it determines 
necessary for the economic recovery of the area, including the develop-
ment of new plans and the preparation of a recovery investment plan 
for the 5-year period following the declaration of the major disaster. 
The Recovery Planning Council shall accept as one element of the 
recovery investment plans determinations made under section 402(f) 
of the Disaster Relief Act of 1974. 
"(c) (1) A recovery investment plan prepared by a Recovery Plan-
ning Council may recommend the revision, deletion, reprograming, or 
additional approval of Federal-aid projects and programs within the 
area— 
" (A) for which application has been made but approval not yet 
granted; 
"(B) for which funds have been obligated or approval granted 
but construction not yet begun; 
"(C) for which funds have been or are scheduled to be appor-
tioned within the five years after the declaration of the disaster; 
"(D) which may otherwise be available to the area under any 
State schedule or revised State schedule of priorities; or 
"(E) which may reasonably be anticipated as becoming avail-
able under existing programs. 
"(2) Upon the recommendation of the Recovery Planning Council 
and the request of the Governor, any funds for projects or programs 
identified pursuant to paragraph (1) of this subsection may, to any 
extent consistent with appropriation Acts, be placed in reserve by the 
responsible Federal agency for use in accordance with such recom-
mendations. Upon the request of the Governor and Avith the concur-
rence of affected local governments, such funds may be transferred to 
the Recovery Planning Council to be expended in the implementation 
of the recovery investment plan, except that no such transfer may be 
made unless such expenditure is for a project or program for which 
such funds originally were made available by an appropriation Act. 
40 u s e app. 
301, 401. 
42 u s e 4201 
note. 
Ante, 
p. 153. 
Recovery in-
vestment plan. 
Reserve funds 
Transfer of 
funds. 
"PUBLIC WORKS AND DEVELOPMENT FACILITIES GRANTS AND LOANS 
"SEC. 803. (a) The President is authorized to provide funds to any 
Recovery Planning Council for the implementation of a recovery 
investment plan by public bodies. Such funds may be used— 
"(1) to make loans for the acquisition or development of land 
and improvements for public works, public service, or develop-
ment facility usage, including the acquisition or development of 
parks or open spaces, and the acquisition, construction, rehabili-
tation, alteration, expansion, or improvement of such facilities, 
including related machinery and equipment, and 
42 u s e 3233. 
162 
PUBLIC LAW 93-288-MAY 22, 1974 
[88 STAT. 
Interest rate. 
42 use 3234. 
Limitation. 
"(2) to make supplementary grants to increase the Federal 
share for projects for which funds are reserved pursuant to 
subsection (c) (2) of section 802 of this Act, or other Federal-
aid projects in the affected area. 
" (b) Grants and loans under this section may be made to any State, 
local government, or private or public nonprofit organization repre-
senting any area or part thereof affected by a major disaster. 
"(c) No supplementary grant shall increase the Federal share of 
the cost of any project to greater than 90 per centum, except in the 
case of a grant for the benefit of Indians or Alaska Natives, or in the 
case of any State or local government which the President determines 
has exhausted its effective taxing and borrowing capacity. 
"(d) Loans under this section shall bear interest at a rate deter-
mined by the Secretary of the Treasury taking into consideration the 
current average market yield on outstanding marketable obligations 
of the United States with remaining periods to maturity comparable 
to the average maturities of such loans, adjusted to the nearest one-
eighth of 1 per centum, less 1 per centum per annum. 
"(e) Financial assistance under this title shall not be extended to 
assist establishments relocating from one area to another or to assist 
subcontractors whose purpose is to divest, or whose economic success 
is dependent upon divesting, other contractors or subcontractors of 
contracts therefore customarily performed by them. Such limitations 
shall not be construed to prohibit assistance for the expansion of an 
existing business entity through the establishment of a new branch, 
affiliate, or subsidiary of such entity if the Secretary of Commerce 
finds that the establishment of such branch, affiliate, or subsidiary 
will not result in an increase in unemployment of the area of original 
location or in any other area where such entity conducts business 
operations, unless the Secretary has reason to believe that such branch, 
affiliate, or subsidiary is being established with the intention of clos-
ing down the operations of the existing business entity in the area of 
its original location or in any other area where it conducts such 
operations. 
a 
LOAN GUARANTEES 
"SEC. 804. The President is authorized to provide funds to ReooA^ery 
Planning Councils to guarantee loans made to private borrowers by 
private lending institutions (1) to aid in financing any project within 
an area affected by a major disaster for the purchase or development 
of land and facilities (including machinery and equipment) for indus-
trial or commercial usage including the construction of new buildings, 
and rehabilitation of abandoned or unoccupied buildings, and the 
alteration, conversion, or enlargement of existing buildings; and (2) 
for working capital in connection with projects in areas assisted under 
paragraph (1), upon application of such institution and upon such 
terms and conditions as the President may prescribe. No such guaran-
tee shall at any time exceed 90 per centum of the amount of the out-
standing unpaid balance of such loan. 
a, 
42 use 3235. 
TECHNICAL ASSISTANCE 
"SEC. 805. (a) In carrying out the purposes of this title the Presi-
dent is authorized to provide technical assistance which would be 
useful in facilitating economic recovery in areas affected by major dis-
asters. Such assistance shall include project planning and feasibility 
studies, management and operational assistance, and studies evalua-
ting the needs of, and developing potentialities for, economic recovery 
88 STAT. ] 
PUBLIC LAW 93-288-IVIAY 22, 1974 
163 
of such areas. Such assistance may be provided by the President 
directly, through the payment of funds authorized for this title to other 
departments or agencies of the Federal Government, through the 
employment of private individuals, partnerships, firms, corporations, 
or suitable institutions, under contracts entered into for such purposes, 
or through grants-in-aid to appropriate public or private nonprofit 
State, area, district, or local organizations. 
" (b) The President is authorized to make grants to defray not to 
Grants for 
exceed 75 per centum of the administrative expenses of Recovery expens^es! '''^ 
Planning Councils designated pursuant to section 802 of this Act. In 
determining the amount of the non-Federal share of such costs or 
expenses, the President shall give due consideration to all contribu-
tions both in cash and in kind, fairly evaluated, including but not 
limited to space, equipment, and services. Where practicable, grants-
in-aid authorized under this subsection shall be used in conjunction 
with other available planning grants, to assure adequate and effective 
planning and economical use of funds. 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 806. There is authorized to be appropriated not to exceed 
42 use 3236. 
$250,000,000 to carry out this title.". 
TITLE VI—MISCELLANEOUS 
• 
AUTHORITY TO PRESCRIBE RULES 
SEC. 601. The President may prescribe such rules and regulations as 
42 use 5201. 
may be necessary and proper to carry out any of the provisions of this 
Act, and he may exercise any power or authority conferred on him by 
KV;? o-i; ? 
any section of this Act either directly or through such Federal agency 
or agencies as he may designate. 
TECHNICAL AMENDMENTS 
SEC. 602. (a) Section 701(a) (3) (B) (ii) of the Housing Act of 1954 
(40 U.S.C. 461(a) (3) (B)(ii)) is amended to read as follows: "(ii) 
have suffered substantial damage as a result of a major disaster as 
declared by the President pursuant to the Disaster Relief Act of 
1974;". 
(b) Section 8(b) (2) of the National Housing Act (12 U.S.C. 1706c 
(b) (2)) is amended by striking out of the last proviso "section 102(1) 
of the Disaster Relief Act of 1970" and inserting in lieu thereof 
"sections 102(2) and 301 of the Disaster Relief Act of 1974". 
(c) Section 203(h) of the National Housing Act (12 U.S.C. 1709 
(h)) is amended by striking out "section 102(1) of the Disaster Relief 
Act of 1970" and inserting in lieu thereof "sections 102(2) and 301 of 
the Disaster Relief Act of 1974". 
(d) Section 221(f) of the National Housing Act (12 U.S.C. 17151 
(f)) is amended by striking out of the last paragraph "the Disaster 
Relief Act of 1970" and inserting in lieu thereof "the Disaster Relief 
? .:-. ^ 
Act of 1974". 
(e) Section 7(a) (1) (A) of the Act of September 30, 1950 (Public 
Law 874, Eighty-first Congress, as amended; 20 U.S.C. 241-1 (a) (1) 
(A)), is amended by striking out "pursuant to section 102(1) of the 
Disaster Relief Act of 1970" and inserting in lieu thereof "pursuant to 
sections 102(2) and 301 of the Disaster Relief Act of 1974". 
^"te, pp. 144, 
^ ' 
146. 
Ante, 
pp, 144, 
146. 
164 
PUBLIC LAW 93-288-MAY 22, 1974 
[88 STAT. 
(f) Section 16(a} of the Act of September 23, 1950 (79 Stat. 1158; 
20 U.S.C. 646(a)) is amended by striking out "section 102(1) of the 
Disaster Relief Act of 1970" and inserting in lieu thereof "sections 
102 (2) and 301 of the Disaster Relief Act of 1974". 
(g) Section 408(a) of the Higher Education Facilities Act of 1963 
(20 U.S.C. 758(a)) is amended by striking out "section 102(1) of the 
Disaster Relief Act of 1970" and inserting in lieu thereof "sections 
102(2) and 301 of the Disaster Relief Act of 1974". 
(h) Section 165(h) of the Internal Revenue Code of 1954, relating 
to disaster losses (26 U.S.C. 165 (h)) is amended by striking out "1970" 
and inserting in lieu thereof "1974". 
(i) Section 5064(a) of the Internal Revenue Code of 1954 (26 
U.S.C. 5064(a)), relating to losses caused by disaster, is amended by 
striking out "the Disaster Relief Act of 1970" and inserting in lieu 
thereof "the Disaster Relief Act of 1974". 
(j) Section 5708(a) of the Internal Revenue Code of 1954 (26 
U.S.C. 5708(a)), relating to losses caused by disaster, is amended by 
striking out "the Disaster Relief Act of 1970" and inserting in lieu 
thereof "the Disaster Relief Act of 1974". 
(k) Section 3 of the Act of June 30, 1954 (68 Stat. 330, as amended 
by 82 Stat. 1213; 48 U.S.C. 1681 nt.), is amended by striking out of 
the last sentence "section 102(1) of the Disaster Relief Act of 1970" 
and inserting in lieu thereof "sections 102(2) and 301 of the Disaster 
Relief Act of 1974". 
(1) Section 1820(f) of title 38, United States Code, is amended by 
striking "the Disaster Assistance Act of 1970" and inserting in lieu 
thereof "the Disaster Relief Act of 1974". 
(m) Whenever reference is made in any provision of law (other 
than this Act), regulation, rule, record, or document of the United 
States to provisions of the Disaster Relief Act of 1970 (84 Stat. 1744), 
repealed by this Act such reference shall be deemed to be a reference 
to the appropriate provision of this Act. 
42 u s e 4401 
note. 
REPEAL OF EXISTING 
LAW 
SEC. 603. The Disaster Relief Act of 1970, as amended (84 Stat. 
g42^u^sc^445i; 
1744), is hereby repealed, except sections 231, 233, 234, 235, 236, 237, 
42 use 4453- 
301, 302, 303, and 304. Notwithstanding such repeal the provisions of 
4456. 
the Disaster Relief Act of 1970 shall continue in effect with respect to 
notfs^ 443Vnote. ^ny major disaster declared prior to the enactment of this Act. 
PRIOR ALLOCATION OP FUNDS 
SEC. 604. Funds heretofore appropriated and available under Public 
42 use 4401 
La^s 91-606, as amended, and 92-385 shall continue to be available 
86 Stat. 554. 
for the purpose of providing assistance under those Acts as well as for 
the purposes of this Act. 
note. 
EFFECTIVE 
DATE 
42 use 5121 
S E C 605. Except for section 408, this Act shall take effect as of 
April 1,1974. 
note. 
AUTHORIZATION 
OF 
APPROPRIATIONS 
42 use 5202. 
QEC. 606. Except as provided by the amendment made by section 
501, there are authorized to be appropriated to the President such 
sums as may be necessary to carry out this Act through the close of 
June 30,1977. 
Approved May 22, 1974.