Major Disaster Relief and Emergency Assistance Amendments of 1987
PL 100-707 (H.R.2707), enacted 11/23/1988

PUBLIC LAW 100-707—NOV. 23, 1988 
102 STAT. 4689 
Public Law 100-707 
100th Congress 
An Act 
To amend the Disaster Relief Act of 1974 to provide for more effective assistance in 
response to major disasters and emergencies, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE I~DISASTER RELIEF AND 
EMERGENCY ASSISTANCE AMENDMENTS 
SEC. 101. SHORT TITLE; AMENDMENTS TO DISASTER RELIEF ACT OF 1974. 
(a) SHORT TITLE.—This title may be cited as "The Disaster Relief 
and Emergency Assistance Amendments of 1988.". 
(b) AMENDMENTS TO DISASTER RELIEF ACT OF 1974.—Except as 
otherwise expressly provided, whenever in this title an amendment 
or repeal is exprei^ed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of the Disaster Relief Act of 
1974 (42 U.S.C. 5121-5202). 
SEC. 102. AMENDMENT TO SHORT TITLE. 
(a) AMENDMENT TO SHORT TITLE.—The first section is amended by 
striking out "Disaster Relief Act of 1974" and inserting in lieu 
thereof "The Robert T. Stafford Disaster Relief and Emergency 
Assistance Act.". 
(b) REFERENCES.—Whenever any reference is made in any law 
(other than this Act), r^ulation, document, rule, record, or other 
paper of the United States to a section or provision of the Disaster 
Relief Act of 1974, such reference shall be deemed to be a reference 
to such section or provision of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act. 
SEC. 103. AMENDMENTS TO TITLE I. 
(a) FINDINGS AND DECLARATIONS.—Section 101(b) (42 U.S.C. 
5121(b)) is amended— 
(1) by striking out paragraph (7); 
(2) by striking out "; and' at the end of paragraph (6); and 
(3) by inserting "and" at the end of paragraph (5). 
(b) DEFINITION OF EMERGENCY.—Section 102(1) is amended to read 
as follows: 
"(1) EMERGENCY.—'Emergency' means any occasion or in-
stance for which, in the determination of the President, Federal 
assistance is needed to supplement State and local efforts and 
capabilities to save lives and to protect property and public 
health and safety, or to lessen or avert the threat of a catas-
trophe in any part of the United States.". 
(c) DEFiNrnoN OF MAJOR DISASTER.—Section 102(2) is amended to 
read as follows: 
Nov. 23, 1988 
[H.R. 2707] 
Safety. 
State and local 
governments. 
The Disaster 
Relief and 
Emergency 
Assistance 
Amendments of 
1988. 
42 u s e 5121 
note. 
The Robert T. 
Stafford Disaster 
Relief and 
Emergency 
Assistance Act. 
42 u s e 5121 
note. 
42 u s e 5121 
note. 
42 u s e 5122. 
102 STAT. 4690 
PUBLIC LAW 100-707—NOV. 23, 1988 
"(2) MAJOR DISASTER.—'Major disaster' means any natural 
catastrophe (including any hurricane, tornado, storm, high 
water, winddriven water, tidal wave, tsunami, earthquake, vol-
canic eruption, landslide, mudslide, snowstorm, or drought), or, 
regardless of cause, any fire, flood, or explosion, in any part of 
the United States, which in the determination of the President 
causes damage of sufficient severity and magnitude to warrant 
major disaster assistance under this Act to supplement the 
efforts and available resources of States, local governments, and 
, 
disaster relief organizations in alleviating the damage, loss, 
hardship, or suffering caused thereby.", 
(d) TECHNICAL AMENDMENTS,—Paragraphs (3) and (4) of section 
42 use 5122. 
102 are each amended by striking out "the Canal Zone,". 
42 use 5122 
(e) LOCAL GOVERNMENT.— 
no^- 
(1) IN GENERAL.—The term "local government" is deemed to 
have the same meaning in the Disaster Relief and Emergency 
Assistance Act, as amended by this Act, £is that term had on 
October 1, 1988, under section 102(6) of the Disaster Relief Act 
of 1974 and regulations implementing the Disaster Relief Act of 
1974. 
President of U.S. 
(2) TERMINATION OF EFFECTIVENESS.—Paragraph (1) shall not 
Reports. 
be effective on and after the 90th day after the President 
transmits to the Committee on Public Works and Transpor-
tation of the House of Representatives and to the Committee on 
Environment and Public Works of the Senate a report which 
includes an interpretation of the term "local government" for 
purposes of the Disaster Relief and Emergency Assistance Act, 
as amended by this Act. 
(f) DEFINITIONS OF PUBUC AND PRIVATE NONPROFIT FACIUTIES.— 
Section 102 is amended by adding at the end thereof the following 
new paragraphs: 
"(8) PUBLIC FACIUTY.—'Public facility' means the following 
facilities owned by a State or local government: 
"(A) Any flood control, navigation, irrigation, reclama-
tion, public power, sewage treatment and collection, water 
supply and distribution, watershed development, or airport 
facility. 
"(B) Any non-Federal-aid street, road, or highway. 
"(C) Any other public building, structure, or system, 
including those used for educational, recreational, or cul-
tural purposes. 
"(D) Any park. 
"(9) PRIVATE NONPROFIT FACILITY.—'Private nonprofit facility' 
means private nonprofit educational, utility, emergency, medi-
cal, rehabilitational, and temporary or permanent custodial 
care facilities (including those for the aged and disabled), other 
private nonprofit facilities which provide essential services of a 
governmental nature to the general public, and facilities on 
Indian reservations as defined by the President.". 
SEC. 104. DISASTER PREPAREDNESS ASSISTANCE. 
(a) MAXIMUM AMOUNT OF STATE DISASTER ASSISTANCE PLANNING 
42 use 5131. 
GRANTS.—Section 201(d) is amended by striking out "$25,000" and 
inserting in lieu thereof "$50,000". 
(b) TECHNICAL AMENDMENTS.—Section 201 is amended— 
(1) in subsection (a) by striking out "(including the Defense 
Civil Preparedness Agency)"; and 
PUBLIC LAW 100-707—NOV. 23, 1988 
102 STAT. 4691 
(2) in subsection (d) by inserting "including evaluations of 
natural hazards and development of the programs and actions 
required to mitigate such hazards;" after "plans,". 
SEC. 105. DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION. 
(a) WAIVER OF CONDITIONS.—Title III is amended— 
(1) by striking out the heading for such title and inserting in 
lieu thereof: 
"TITLE III—MAJOR DISASTER AND EMER-
GENCY ASSISTANCE ADMINISTRATION"; 
and 
(2) by striking out sections 301 and 302 and inserting in lieu 
42 USC 5141, 
thereof the following new section: 
5142. 
"SEC. 301. WAIVER OF ADMINISTRATIVE CONDITIONS. 
42 USC 5141. 
"Any Federal agency charged with the administration of a Fed-
eral assistance program may, if so requested by the applicant State 
or local authorities, modify or waive, for a major disaster, such 
administrative conditions for assistance as would otherwise prevent 
the giving of assistance under such programs if the inability to meet 
such conditions is a result of the major disaster.". 
Qo) COORDINATING OFFICERS.— 
(1) REDESIGNATION.—Section 303, and any reference thereto, is 
redesignated as section 302. 
42 USC 5143. 
(2) INCLUSION OF EMERGENCIES .—Such section is amended in 
subsection (a) by inserting "or emergency" after 
"major 
disaster". 
(c) REDESIGNATION OF SECTION 304.—Section 304, and any ref-
erence thereto, is redesignated £is section 303. 
42 USC 5144. 
(d) REMOVAL OF EMERGENCY ASSISTANCE AND COOPERATION PROVI-
SIONS FROM TITLE HI; REDESIGNATION OF SECTIONS 307, 308, AND 
309.—Title III is further amended by striking out sections 305 and 
306 and by redesignating sections 307, 308, and 309, and any ref- 42 USC 5145, 
erences thereto, as sections 304, 305, and 306, respectively. 
5146. 
(e) USE OP LOCAL FIRMS AND INDIVIDUALS.— 
514^^^ ^^^^ 
(1) REDESIGNATION.—Section 310, and any reference thereto, is 
redesignated as section 307. 
42 USC 5150. 
(2) INCLUSION OF EMERGENCIES.—Such section is amended by 
inserting "or emergency" after "major disaster" each place it 
appears. 
(3) USE OF DEPARTMENT OF DEFENSE RESOURCES.—Such section 
is further amended by adding at the end thereof the following 
new sentence: "This section shall not be considered to restrict 
the use of Department of Defense resources in the provision of 
major disaster assistance under this Act.". 
(f) REDESIGNATION OF SECTIONS 311 AND 312; CONFORMING AMEND-
MENT.—Sections 311 and 312, and any references thereto, are re-
designated as sections 308 and 309, respectively. Such section 308, 42 USC 5151, 
relating to nondiscrimination in disaster assistance, is amended by 5152. 
striking out "section 402 or 404 o f in subsection (b). 
(g) PRIORITY TO CERTAIN APPUCATIONS FOR PUBUC FACILITY AND 
PuBUC HOUSING ASSISTANCE.—Title III is amended by striking out 
section 313 and inserting in lieu thereof the following new section: 
102 STAT. 4692 
PUBLIC LAW 100-707—NOV. 23, 1988 
42 use 5153. 
President of U.S. 
Real property. 
42 use 5154. 
President of U.S. 
"SEC. 310. PRIORITY TO CERTAIN APPLICATIONS FOR PUBLIC FACILITY 
AND PUBLIC HOUSING ASSISTANCE. 
"(a) PRIORITY.—In the processing of applications for assistance, 
priority and immediate consideration shall be given by the head of 
the appropriate Federal agency, during such period as the President 
shall prescribe, to applications from public bodies situated in areas 
affected by major disasters under the following Acts: 
"(1) The United States Housing Act of 1937 for the provision 
of low-income housing. 
"(2) Section 702 of the Housing Act of 1954 for assistance in 
public works planning. 
"(3) The Community Development Block Grant Program 
under title I of the Housing and Community Development Act 
of 1974. 
"(4) Section 306 of the Consolidated Farm and Rural Develop-
ment Act. 
"(5) The Public Works and Economic Development Act of 
1965. 
"(6) The Appalachian Regional Development Act of 1965. 
"(7) The Federal Water Pollution Control Act. 
"
O
t
>
) OBUGATION OF CERTAIN 
DISCRETIONARY FUNDS.—In 
the 
obligation of discretionary funds or funds which are not allocated 
among the States or political subdivisions of a State, the Secretary 
of Housing and Urban Development and the Secretary of Commerce 
shall give priority to applications for projects for major disaster 
areas.'. 
(h) INSURANCE.—Title III is further amended by striking out 
section 314 and inserting in lieu thereof the following new section: 
"SEC. 311. INSURANCE. 
"(a) APPUCANTS FOR REPLACEMENT OF DAMAGED FACILITIES.— 
"(1) COMPUANCE WITH CERTAIN REGULATIONS.—An applicant 
for assistance under section 406 of this Act (relating to repair, 
restoration, and replacement of damaged facilities), section 422 
of this Act (relating to simplified procedure) or section 803 of 
the Public Works and Economic Development Act of 1965 shall 
comply with regulations prescribed by the President to assure 
that, with respect to any property to be replaced, restored, 
repaired, or constructed with such assistance, such types and 
extent of insurance will be obtained and maintained as may be 
reasonably available, adequate, and necessary, to protect 
against future loss to such property. 
"(2) DETERMINATION.—In making a determination with re-
spect to availability, adequacy, and necessity under paragraph 
(1), the President shall not require greater types and extent of 
insurance than are certified to him as resisonable by the appro-
priate State insurance commissioner responsible for regulation 
of such insurance. 
"(h) MAINTENANCE OF INSURANCE.—No applicant for assistance 
under section 406 of this Act (relating to repair, restoration, and 
replacement of damaged facilities), section 422 of this Act (relating 
to simplified procedure), or section 803 of the Public Works and 
Eeonomi(rI^rvelopmeHt Act of 1965 may receive such assistance for 
any property or part thereof for which the applicant has previously 
received assistance under this Act unless all insurance required 
pursuant to this section has been obtained and maintained with 
respect to such property. 
PUBLIC LAW 100-707—NOV. 23, 1988 
102 STAT. 4693 
"(c) STATE ACTING AS SELF-INSURER.—A State may elect to act as a 
self-insurer with reelect to any or all of the facilities owned by the 
State. Such an election, if declared in writing at the time of accept-
ance of assistance under section 406 or 422 of this Act or section 803 
of the Public Works and Economic Development Act of 1965 or 
subsequently and accompanied by a plan for self-insurance which is 
satisfactory to the Prudent, shall be deemed compliance with 
subsection (a). No such self-insurer may receive assistance under 
section 406 or 422 of this Act for any property or part thereof for 
which it has previously received assistance under this Act, to the 
extent that insurance for such property or part thereof would have 
been reasonably available.". 
(i) DUPUCATION OP BENEFITS.—^Title HI is further amended by 
striking out section 315 and inserting in lieu thereof the following 
new section: 
"SEC 312. DUPUCATION OF BENEFITS. 
42 USC 5155. 
"(a) GENERAL PROHIBITION.—^The President, in consultation with President of U.S. 
the head of each Federal agency administering any program provid-
ing financial assistance to i)erson8, business concerns, or other 
entities suffering losses as a result of a major disaster or emergency, 
shall assure that no such person, business concern, or other entity 
will receive such assistance with respect to any part of such loss as 
to which he has received finandal assistance under any other 
program or from insurance or any other source. 
"0») SPECIAL RULES.— 
"(1) LIMITATION.—^This section shall not prohibit the provision 
of Federal assistance to a person who is or may be entitled to 
receive benefits for the same purposes from another source if 
such person has not received such other benefits by the time of 
application for Federal assistance and if such person agrees to 
repay all duplicative assistance to the agency providing the 
Federal assistance. 
"(2) PROCEDURES.—^The President shall establish such proce- President of U.S. 
dures as the President considers necessary to ensure uniformity 
in preventing duplication of benefits. 
"(3) EFFECT OF PARTIAL BENEFITS.—Receipt of partial benefits 
for a major disaster or emergency shall not preclude provision 
of additional Federal assistance for any part of a loss or need for 
which benefits have not been provided. 
"(c) RECOVERY OF DUPLICATIVE BENEFITS.—^A person receiving Fed-
eral assistance for a major disaster or emergency shall be UsAAe to 
the United States to ti^e extent that such assistance duplicates 
benefits available to the person for the same purpose from another 
source. The agency which provided the duplicative assistance shall 
collect such duplicative aanstance from the recipient in accordance 
with chapter 37 of title 31, United States Code, relating to debt 
collection, when the head of such agency considers it to be in the 
best interest of the Federal Government. 
"(d) ASSISTANCE NOT INCOME.—^Federal major disaster and emer-
gency assistance provided to individuals and families under this Act, 
and comparable disaster assistance provided by States, local govern-
ments, and disaster assistance organizations, shall not be considered 
as income or a resource when determining eligibility for or benefit 
levels under federally funded income assistance or resource-tested 
benefit programs.". 
102 STAT. 4694 
PUBLIC LAW 100-707—NOV. 23, 1988 
President of U.S. 
42 use 5156. 
42 use 5157. 
President of U.S. 
42 use 5158. 
42 use 5159. 
(j) REVIEWS AND REPORTS.—Title III is further amended by strik-
ing out section 316 and inserting in lieu thereof the following new 
section: 
"SEC. 313. STANDARDS AND REVIEWS. 
"The President shall establish comprehensive standards which 
shall be used to assess the efficiency and effectiveness of Federal 
major disaster and emergency assistance programs administered 
under this Act. The President shall conduct annual reviews of the 
activities of Federal agencies and State and local governments in 
major disaster and emergency preparedness and in providing major 
disaster and emergency assistance in order to assure maximum 
coordination and effectiveness of such programs and consistency in 
policies for reimbursement of States under this Act.". 
(k) PENALTIES.—Title III is further amended by striking out sec-
tion 317 and inserting in lieu thereof the following new section: 
"SEC. 314. PENALTIES. 
"(a) MISUSE OF FUNDS.—Any person who knowingly misapplies the 
proceeds of a loan or other cash benefit obtained under this Act 
shall be fined an amount equal to one and one-half times the 
misapplied amount of the proceeds or cash benefit. 
"(b) CIVIL ENFORCEMENT.—Whenever it appears that any person 
has violated or is about to violate any provision of this Act, includ-
ing any civil penalty imposed under this Act, the Attorney General 
may bring a civil action for such relief as may be appropriate. Such 
action may be brought in an appropriate United States district 
court. 
"(c) REFERRAL TO ATTORNEY GENERAL.—The President shall ex-
peditiously refer to the Attorney General for appropriate action any 
evidence developed in the performance of functions under this Act 
that may warrant consideration for criminal prosecution. 
"(d) CIVIL PENALTY.—Any individual who knowingly violates any 
order or regulation issued under this Act shall be subject to a civil 
penalty of not more than $5,000 for each violation.". 
(1) REDESIGNATION OF SECTION 318.—Section 318, and any ref-
erence thereto, is redesignated as section 315. 
(m) PROTECTION OF ENVIRONMENT; RECOVERY OF ASSISTANCE; 
AUDITS AND INVESTIGATIONS.— 
(1) ADDITIONS TO TITLE HI.—Title III is further amended by 
adding at the end thereof the following new sections: 
"SEC. 316. PROTECTION OF ENVIRONMENT. 
"An action which is taken or assistance which is provided pursu-
ant to section 402, 403, 406, 407, or 502, including such assistance 
provided pursuant to the procedures provided for in section 422, 
which has the effect of restoring a facility substantially to its 
condition prior to the disaster or emergency, shall not be deemed a 
major Federal action significantly affecting the quality of the 
human environment within the meaning of the National Environ-
mental Policy Act of 1969 (83 Stat. 852). Nothing in this section 
shall alter or affect the applicability of the National Environmental 
Policy Act of 1969 to other Federal actions taken under this Act or 
under any other provisions of law. 
PUBLIC LAW 100-707—NOV. 23, 1988 
102 STAT. 4695 
"SEC. 317. RECOVERY OF ASSISTANCE. 
42 USC 5160. 
"(a) PARTY LIABLE.—Any person who intentionally causes a condi-
tion for which Federal assistance is provided under this Act or 
under any other Federal law as a result of a declaration of a major 
disaster or emergency under this Act shall be liable to the United 
States for the reasonable costs incurred by the United States in 
responding to such disaster or emergency to the extent that such 
costs are attributable to the intentional act or omission of such 
person which caused such condition. Such action for reasonable 
costs shall be brought in an appropriate United States district court. 
"(b) RENDERING OF CARE.—A person shall not be liable under this 
section for costs incurred by the United States as a result of actions 
taken or omitted by such person in the course of rendering care or 
assistance in response to a major disaster or emergency. 
"SEC. 318. AUDITS AND INVESTIGATIONS. 
42 USC 5161. 
"(a) IN GENERAL.—Subject to the provisions of chapter 75 of title 
President of U.S. 
31, United States Code, relating to requirements for single audits, 
the President shall conduct audits and investigations as necessary to 
assure compliance with this Act, and in connection therewith may 
question such persons as may be necessary to carry out such audits 
and investigations. 
"(b) ACCESS TO RECORDS.—For purposes of audits and investiga-
tions under this section, the President and Comptroller General may 
inspect any books, documents, papers, and records of any person 
relating to any activity undertaken or funded under this Act. 
"(c) STATE AND LOCAL AUDITS.—The President may require audits 
by State and local governments in connection with assistance under 
this Act when necessary to assure compliance with this Act or 
related regulations. 
"SEC. 319. ADVANCE OF NON-FEDERAL SHARE. 
42 USC 5162. 
"(a) IN GENERAL.—The President may lend or advance to an 
eligible applicant or a State the portion of assistance for which the 
State is responsible under the cost-sharing provisions of this Act in 
any case in which— 
"(1) the State is unable to assume its financial responsibility 
under such cost-sharing provisions— 
"(A) with respect to concurrent, multiple major disasters 
in a jurisdiction, or 
"(B) after incurring extraordinary costs as a result of a 
particular disEister; and 
"(2) the damages caused by such disasters or disaster are so 
overwhelming and severe that it is not possible for the applicant 
or the State to assume immediately their financial responsibil-
ity under this Act. 
"(b) TERMS OF LOANS AND ADVANCES.— 
"(1) IN GENERAL.—Any loan or advance under this section 
shall be repaid to the United States. 
"(2) INTEREST.—Loans and advances under this section shall 
bear interest at a rate determined by the Secretary of the 
Treasury, taking into consideration the current market yields 
on outstanding marketable obligations of the United States 
with remaining periods to maturity comparable to the re-
imbursement period of the loan or advance. 
102 STAT. 4696 
PUBLIC LAW 100-707—NOV. 23, 1988 
President of U.S. 
Loans. 
42 use 5163. 
42 use 5164. 
42 use 5175. 
"(c) REGULATIONS.—The President shall issue regulations describ-
ing the terms and conditions under which any loan or advance 
authorized by this section may be made. 
"SEC. 320. LIMITATION ON USE OF SLIDING SCALES. 
"No geographic area shall be precluded from receiving assistance 
under this Act solely by virtue of an arithmetic formula or sliding 
scale based on income or population. 
"SEC. 32L RULES AND REGULATIONS. 
"The President may prescribe such rules and regulations as may 
be necessary and proper to carry out the provisions of this Act, and 
may exercise, either directly or through such Federal agency as the 
President may designate, any power or authority conferred to the 
President by this Act.". 
(2) 
CONFORMING 
AMENDMENT TO TITLE IV.—Title IV 
is 
amended by striking out section 405, relating to protection of 
the environment. 
SEC. 106. MAJOR DISASTER ASSISTANCE PROGRAMS. 
(a) PROCEDURE FOR DECLARATION; GENERAL FEDERAL ASSISTANCE; 
ESSENTIAL ASSISTANCE; AND HAZARD MITIGATION.—Title IV 
is 
amended— 
(1) by striking out the heading for such title and inserting in 
lieu thereof: 
42 use 5171. 
President of U.S. 
42 use 5170. 
42 use 5170a. 
"TITLE IV—MAJOR DISASTER 
ASSISTANCE PROGRAMS"; 
(2) by redesignating section 401 (relating to Federal facilities), 
and any reference thereto, as section 405; and 
(3) by inserting before such section 405 the following new 
sections: 
"SEC. 401. PROCEDURE FOR DECLARATION. 
"All requests for a declaration by the President that a major 
disaster exists shall be made by the Governor of the affected State. 
Such a request shall be based on a finding that the disaster is of 
such severity and magnitude that effective response is beyond the 
capabilities of the State and the affected local governments and that 
Federal assistance is necessary. As part of such request, and as a 
prerequisite to major disaster eissistance under this Act, the Gov-
ernor shall take appropriate response action under State law and 
direct execution of the State's emergency plan. The Governor shall 
furnish information on the nature and amount of State and local 
resources which have been or will be committed to alleviating the 
results of the disaster, and shall certify that, for the current disas-
ter. State and local government obligations and expenditures (of 
which State commitments must be a significant proportion) will 
comply with all applicable cost-sharing requirements of this Act. 
Based on the request of a Governor under this section, the President 
may declare under this Act that a major disaster or emergency 
exists. 
"SEC. 402. GENERAL FEDERAL ASSISTANCE. 
"In any major dis£ister, the President may— 
PUBLIC LAW 100-707—NOV. 23, 1988 
102 STAT. 4697 
"(1) direct any Federal agency, with or without reimburse-
ment, to utilize its authorities and the resources granted to it 
under Federal law (including personnel, equipment, supplies, 
facilities, and managerial, technical, and advisory services) in 
support of State and local assistance efforts; 
"(2) coordinate all disaster relief assistance (including vol-
untary assistance) provided by Federal agencies, private 
organizations, and State and local governments; 
"(3) provide technical and advisory assistance to affected 
State and local governments for— 
"(A) the performance of essential community services; 
"(B) issuance of warnings of risks and hazards; 
"(C) public health and safety information, including 
dissemination of such information; 
"(D) provision of health and safety measures; and 
"(E) management, control, and reduction of immediate 
threats to public hesilth and safety; and 
"(4) assist State and local governments in the distribution of 
medicine, food, and other consumable supplies, and emergency 
assistance. 
"SEC. 403. ESSENTIAL ASSISTANCE. 
"(a) IN GENERAL.—Federal agencies may on the direction of the 
President, provide assistance essential to meeting immediate threats 
to life and property resulting from a major disaster, as follows: 
"(1) f^ERAL RESOURCES, GENERALLY.—Utilizing, lending, or 
donating to State and local governments Federal equipment, 
supplies, facilities, personnel, and other resources, other than 
the extension of credit, for use or distribution by such govern-
ments in accordance with the purposes of this Act. 
"(2) MEDICINE, POOD, AND OTHER CONSUMABLES.—Distributing 
or rendering through State and local governments, the Amer-
ican National Red Cross, the Salvation Army, the Mennonite 
Disaster Service, and other relief and disaster assistance 
organizations medicine, food, and other consumable suppUes, 
and other services and assistance to disaster victims. 
"(3) WORK AND SERVICES TO SAVE LIVES AND PROTECT PROP-
ERTY.—Performing on pubUc or private lands or waters any 
work or services essential to saving lives and protecting and 
preserving property or public health and safety, including— 
"(A) debris removal; 
"(B) search and rescue, emergency medical care, emer-
gency mass care, emergency shelter, and provision of food, 
water, medicine, and other essential needs, including move-
ment of supphes or persons; 
"(C) clearance of roads and construction of temporary 
bridges necessary to the performance of emergency tasks 
and essential community services; 
"(D) provision of temporary facilities for schools and 
other essential community services; 
"(E) demoUtion of unsafe structures which endanger the 
public; 
"(F) warning of further risks and hazards; 
"(G) dissemination of pubUc information and assistance 
r^arding health and safety measures; 
'(H) provision of technical advice to State and local 
governments on disaster management and control; and 
Public 
information. 
42 u s e 5170b. 
Real property. 
Gifts and 
property. 
Public lands. 
Waters. 
Public 
information. 
102 STAT. 4698 
PUBLIC LAW 100-707—NOV. 23, 1988 
Public lands. 
Real property. 
President of U.S. 
President of U.S. 
42 u s e 5170c. 
President of U.S. 
"(I) reduction of immediate threats to life, property, and 
public health and safety. 
*'(4) Ck)NTRiBunoNS.—Making contributions to State or local 
governments or owners or operators of private nonprofit facili-
ties for the purpose of carrying out the provisions of this 
subsection. 
"(b) FEDERAL SHARE.—The Federal share of assistance under this 
section shall be not less than 75 percent of the eligible cost of such 
assistance. 
"(c) UTILIZATION OF D O D RESOURCES.— 
"(1) GENERAL RULE.—During the immediate aftermath of an 
incident which may ultimately qualify for assistance under this 
title or title V of this Act, the (Jovernor of the State in which 
such incident occurred may request the President to direct the 
Secretary of Defense to utilize the resources of the Department 
of Defense for the purpose of performing on public and private 
lands any emergency work which is made necessary by such 
incident and which is essential for the preservation of life and 
property. If the President determines that such work is essen-
tial for the preservation of life and property, the President shall 
grant such request to the extent the President determines 
practicable. Such emergency work may only be carried out for a 
period not to exceed 10 days. 
"(2) RULES APPUCABLE TO DEBRIS REMOVAL.—Any removal of 
debris and wreckage carried out under this subsection shall be 
subject to section 407(b), relating to unconditional authorization 
and indemnification for debris removal. 
"(3) EbCPENDITURES OUT OF DISASTER REUEF FUNDS.—^Thc COSt of 
any assistance provided pursuant to this subsection shall be 
reimbursed out of funds made available to carry out this Act. 
"(4) FEDERAL SHARE.—The Federal share of assistance under 
this subsection shall be not less than 75 percent. 
"(5) GUIDELINES.—Not later than 180 days after the date of 
the enactment of the Disaster Relief and Emergency Assistance 
Amendments of 1988, the President shall issue guidelines for 
carrying out this subsection. Such guidelines shall consider any 
likely effect assistance under this subsection will have on the 
availability of other forms of assistance under this Act. 
"(6) DEFINITIONS.—For purposes of this section— 
"(A) DEPARTMENT OF DEFENSE.—The term 'Department of 
Defense' has the meaning the term 'department' has under 
section 101 of title 10, United States CJode. 
"(B) EMERGENCY WORK.—The term 'emergency work' in-
cludes clearance and removed of debris and wreckage and 
temporary restoration of essential public facilities and 
services. 
"SEC. 404. HAZARD MITIGATION. 
"The President may contribute up to 50 percent of the cost of 
hazard mitigation measures which the President has determined are 
cost-effective and which substantially reduce the risk of future 
damage, hardship, loss, or suffering in any area affected by a major 
disaster. Such measures shall be identified following the evaluation 
of natural hazards under section 409 and shall be subject to approval 
by the President. The total of contributions under this section for a 
major disaster shall not exceed 10 percent of the estimated aggre-
PUBLIC LAW 100-707—NOV. 23, 1988 
102 STAT. 4699 
gate amounts of grants to be made under section 406 with respect to 
such major disaster.". 
(b) REPAIR AND RESTORATION OF DAMAGED FACIUTIES.—Title IV is 
further amended by striking out section 402, relating to repair and 
restoration of damaged facilities, and inserting in lieu thereof the 
following new section: 
"SEC. 406. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED 
42 USC 5172. 
FACILITIES. 
"(a) CONTRIBUTIONS.—The President may make contributions— 
"(1) to a State or local government for the repair, restoration, 
reconstruction, or replacement of a public facility which is 
damaged or destroyed by a major disaster and for associated 
expenses incurred by such government; and 
"(2) to a person who owns or operates a private nonprofit 
facility damaged or destroyed by a major disaster for the repair, 
restoration, reconstruction, or replacement of such facility and 
for associated expenses incurred by such person. 
"OJ) MINIMUM FEDERAL SHARE.—The Federal share of assistance 
under this section shall be not less than— 
"(1) 75 percent of the net eligible cost of repair, restoration, 
reconstruction, or replacement carried out under this section; 
"(2) 100 percent of associated expenses described in subsec-
tions (f)(1) and (f)(2); and 
"(3) 75 percent of associated expenses described in subsections 
(f)(3), (fK4), and (f)(5). 
"(c) LARGE IN LIEU CONTRIBUTIONS.— 
"(1) FOR PUBLIC FACIUTIES.—In any case where a State or local 
government determines that the public welfare would not be 
best served by repairing, restoring, reconstructing, or replacing 
any public facility owned or controlled by such State or local 
government, it may elect to receive, in lieu of a contribution 
under subsection (a)(1), a contribution of not to exceed 90 per-
cent of the Federal share of the Federal estimate of the cost of 
repairing, restoring, reconstructing, or replacing such facility 
and of associated expenses. Funds contributed under this 
subsection may be used to repair, restore, or expand other 
selected public facilities, to construct new facilities, or to fund 
hazard mitigation measures which the State or local govern-
ment determines to be necessary to meet a need for govern-
mental services and functions in the area affected by the major 
disaster. 
"(2) FOR PRIVATE NONPROFIT FACILITIES.—In any case where a 
person who owns or operates a private nonprofit facility deter-
mines that the public welfare would not be best served by 
repairing, restoring, reconstructing, or replacing such facility, 
such person may elect to receive, in lieu of a contribution under 
subsection (aX2), a contribution of not to exceed 90 percent of 
the Federal share of the Federal estimate of the cost of repair-
ing, restoring, reconstructing, or replacing such facility and of 
associated expenses. Funds contributed under this subsection 
may be used to repair, restore, or expand other selected private 
nonprofit facilities owned or operated by such person, to con-
struct new private nonprofit facilities to be owned or operated 
by such person, or to fund hazard mitigation mesisures which 
such person determines to be necessary to meet a need for its 
102 STAT. 4700 
PUBLIC LAW 100-707—NOV. 23, 1988 
services and functions in the area affected by the major 
disaster. 
"(3) RESTRICTION ON USE FOR STATE OR LOCAL CONTRIBUTION.— 
Funds provided under this subsection shall not be used for any 
State or local government cost-sharing contribution required 
under this Act. 
"(d) FLOOD INSURANCE.— 
"(1) REDUCTION OF FEDERAL ASSISTANCE.—If a public facility or 
private nonprofit facility located in a special flood hazard area 
identified for more than 1 year by the Director pursuant to the 
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is 
damaged or destroyed, after the 180th day following the date of 
the enactment of the Disaster Relief and Emergency Assistance 
Amendments of 1988, by flooding in a major disaster and such 
facility is not covered on the date of such flooding by flood 
insurance, the Federal assistance which would otherwise be 
available under this section with respect to repair, restoration, 
reconstruction, and replacement of such facility and associated 
expenses shall be reduced in accordance with paragraph (2). 
"(2) AMOUNT OF REDUCTION.—^The amount of a reduction in 
Federal assistance under this section with respect to a facility 
shall be the lesser of— 
"(A) the value of such facility on the date of the flood 
damage or destruction, or 
"(B) the maximum amount of insurance proceeds which 
would have been payable with respect to such facility if 
such facility had been covered by flood insurance under the 
National Flood Insurance Act of 1968 on such date. 
"(3) EXCEPTION.—Paragraphs (1) and (2) shall not apply to a 
private nonprofit facility which is not covered by flood insur-
ance solely because of the local government's failure to partici-
pate in the flood insurance program established by the National 
Flood Insurance Act. 
President of U.S. 
"(4) DISSEMINATION OF INFORMATION.—^The President shall 
disseminate information regarding the reduction in Federal 
assistance provided for by this subsection to State and local 
governments and the owners and operators of private nonprofit 
facilities who may be affected by such a reduction. 
"(e) NET ELIGIBLE COST.— 
"(1) GENERAL RULE.—For purposes of this section, the cost of 
repairing, restoring, reconstructing, or replacing a public facil-
ity or private nonprofit facility on the basis of the design of such 
facility as it existed immediately prior to the major disaster and 
in conformity with current applicable codes, specifications, and 
standards (including floodplain management and hazard mitiga-
tion criteria required by the President or by the C!oastal Barrier 
Resources Act (16 U.S.C. 3501 et seq.)) shall, at a minimum, be 
treated as the net eligible cost of such repair, restoration, 
reconstruction, or replacement. 
"(2) SPECLAL RULE.—In any case in which the facility being 
repaired, restored, reconstructed, or replaced under this section 
was under construction on the date of the major disaster, the 
cost of repairing, restoring, reconstructing, or replacing such 
facility shall include, for purposes of this section, only those 
costs which, under the contract for such construction, are the 
owner's responsibility and not the contractor's responsibility. 
PUBLIC LAW 100-707—NOV. 23, 1988 
102 STAT. 4701 
"(f) ASSOCIATED EXPENSES.—^For purposes of this section, associ-
ated expenses include the following: 
(1) NECESSARY COSTS.—Necessary costs of requesting, obtain-
ing, and administering Federal assistance based on a percentage 
of assistance provided as follows: 
"(A) For an applicant whose net eligible costs equal less 
than $100,000, 3 percent of such net eligible costs. 
"(B) For an appUcant whose net eligible costs equal 
$100,000 or more but less than $1,000,000, $3,000 plus 2 
percent of such net eligible costs in excess of $100,000. 
"(C) For an applicant whose net eligible costs equal 
$1,000,000 or more but less than $5,000,000, $21,000 plus 1 
percent of such net eligible costs in excess of $1,0()0,000. 
"(D) For an applicant whose net eligible costs equal 
$5,000,000 or more, $61,000 plus Vz percent of such net 
eligible costs in excess of $5,000,000. 
"(2) EixTRAORDiNARY COSTS.—^Extraordinary costs incurred by 
a State for preparation of damage survey reports, final inspec-
tion reports, project applications, final audits, and related field 
inspections by State employees, including overtime pay and per 
diem and travel expenses of such employees, but not includii^ 
pay for regular time of such employees, based on the total 
amount of assistance provided under sections 403, 404, 406, 407, 
502, and 503 in such State in connection with the major disaster 
as follows: 
"(A) If such total amount is less than $100,000, 3 percent 
of such total amount. 
"(B) If such total amount is $100,000 or more but less 
than $1,000,000, $3,000 plus 2 percent of such total amount 
in excess of $100,000. 
"(O If such total amount is $1,000,000 or more but less 
than $5,000,000, $21,000 plus 1 percent of such total amount 
in excess of $1,000,000. 
"(D) If such total amount is $5,000,000 or more, $61,000 
plus Vz percent of such total amount in excess of $5,000,000. 
"(3) COSTS OF NATIONAL GUARD.—^The costs of mobilizing and 
emplojdng the National Guard for performance of eligible work. 
' (4) COOTS OF PRISON LABOR.—^The costs of using prison labor 
to perform eligible work, including wages actually paid, 
transportation to a worksite, and extraordinary costs of guards, 
food, and lodging. 
"(5) OTHER LABOR COSTS.—^Base and overtime wages for an Wages. 
appUcant's employees and extra hires performing eligible work 
plus fringe benefits on such wages to the extent that such 
benefits were being paid before the disaster.", 
(c) DEBRIS REMOVAL.— 
(1) REDESIGNATION.—Section 403 (relating to debris removal) 
and any reference thereto, is redesignated as section 407. 
42 USC 5173. 
(2) INCLUSION OF NONPROFFF FACIUTIES.—Subsection (aX2) of 
such section 407 is amended by inserting after "local govern-
ment" the following: "or owner or operator of a private non-
profit facility". 
(3) RULES RELATING TO LARGE LOTS; FEDERAL SHARE.—Such 
section 407 is further amended by adding at the end thereof the 
following new subsections: 
"(c) RULES RELATING TO LARGE LOTS.—^The President shall issue President of U.S. 
rules which provide for recognition of differences existing among 
102 STAT. 4702 
PUBLIC LAW 100-707—NOV. 23, 1988 
urban, suburban, and rural lands in implementation of this section 
so as to facilitate adequate removal of debris and wreckage from 
large lots. 
"(d) FEDERAL SHARE.—The Federal share of assistance under this 
section shall be not less than 75 percent of the eligible cost of debris 
and wreckage removal carried out under this section.". 
(d) 
TEMPORARY 
HOUSING 
ASSISTANCE.—Title IV is 
further 
amended by striking out section 404, relating to temporary housing 
assistance, and inserting in lieu thereof the following new section: 
42 use 5174. 
"SEC. 408. TEMPORARY HOUSING ASSISTANCE. 
"(a) PROVISION OF TEMPORARY HOUSING.— 
"(1) IN GENERAL.—The President may— 
Contracts. 
"(A) provide, by purchase or lease, temporary housing 
(including unoccupied habitable dwellings), suitable rental 
housing, mobile homes, or other readily fabricated dwell-
ings to persons who, as a result of a major diseister, require 
temporary housing; and 
"(B) reimburse State and local governments in accord-
ance with paragraph (4) for the cost of sites provided under 
paragraph (2). 
"(2) MOBILE HOME SITE.— 
"(A) IN GENERAL.—Any mobile home or other readily 
fabricated dwelling provided under this section shall when-
ever possible be located on a site which— 
"(i) is provided by the State or local government; and 
Utilities. 
"(ii) has utilities provided by the State or local 
government, by the owner of the site, or by the occu-
pant who was displaced by the major disaster. 
"(B) OTHER SITES.—Mobile homes and other readily fab-
ricated dwellings may be located on sites provided by the 
President if the President determines that such sites would 
be more economical or accessible than sites described in 
subparagraph (A). 
President of U.S. 
"(3) PERIOD.—Federal financial and operational assistance 
under this section shall continue for not longer than 18 months 
after the date of the major disaster declaration by the Presi-
dent, unless the President determines that due to extraordinary 
circumstances it would be in the public interest to extend such 
18-month period. 
"(4) FEDERAL SHARE.—The Federal share of assistance under 
this section shall be 100 percent; except that the Federal share 
of assistance under this section for construction and site devel-
opment costs (including installation of utilities) at a mobile 
home group site shall be 75 percent of the eligible cost of such 
assistance. The State or local government receiving assistance 
under this section shall pay any cost which is not paid for from 
the Federal share. 
President of U.S. 
"(b) TEMPORARY MORTGAGE AND RENTAL PAYMENTS.—The Presi-
dent is authorized to provide assistance on a temporary basis in the 
form of mortgage or rental payments to or on behalf of individuals 
and families who, as a result of financial hardship caused by a major 
disaster, have received written notice of dispossession or eviction 
from a residence by resison of a foreclosure of any mortgage or lien, 
cancellation of any contract of sale, or termination of any lease, 
entered into prior to such disaster. Such assistance shall be provided 
PUBLIC LAW 100-707—NOV. 23, 1988 
102 STAT. 4703 
for the duration of the period of financial hardship but not to exceed 
18 months. 
"(c) IN LIEU EXPENDITURES.—In lieu of providing other t3rpes of President of U.S. 
temporary housing after a major disaster, the President is au-
thorized 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 ca-
pable of being restored quickly to a habitable condition. 
"(d) TRANSFER OF TEMPORARY HOUSING.— 
President of U.S. 
"(1) DIRECT SALE TO OCCUPANTS.—Notwithstanding' any other 
provision of law, any temporary housing acquired by purchase 
may be sold directly to individuals and families who are occu-
pants of temporary housing at prices that are fair and equitable, 
as determined by the President. 
"(2) TRANSFERS TO STATES, LOCAL GOVERNMENTS, AND VOL-
UNTARY ORGANIZATIONS.—The President may sell or otherwise 
make available temporary housing units directly to States, 
other governmental entities, and voluntary organizations. The Discrimination, 
President shall impose as a condition of transfer under this prohibition. 
paragraph a covenant to comply with the provisions of section 
308 requiring nondiscrimination in occupancy of such tem-
porary housing units. Such disposition shall be limited to units 
purchased under the provisions of subsection (a) and to the 
purposes of providing temporary housing for disaster victims in 
major disasters or emergencies. 
"(e) NOTIFICATION.— 
"(1) IN GENERAL.—Each person who applies for assistance 
under this section shall be notified r^arding the type and 
amount of any assistance for which such person qualifies. 
Whenever practicable, such notice shall be provided within 7 
days after the date of submission of such application. 
"(2) INFORMATION.—Notification under this subsection shall 
provide information regarding— 
"(A) all forms of such assistance available; 
"(B) any specific criteria which must be met to qualify for 
each t3rpe of assistance that is available; 
"(C) any limitations which apply to each type of assist-
ance; and 
"(D) the address and telephone number of offices respon-
sible for responding to— 
"(i) appeals of determinations of eligibility for assist-
ance; and 
"(ii) requests for changes in the type or amount of 
assistance provided. 
"(f) LOCATION.—In providing assistance under this section, consid-
eration shall be given to the location of and travel time to— 
"(1) the applicant's home and place of business; 
"(2) schools which the applicant or members of the applicant's 
family who reside with the applicant attend; and 
"(3) crops or livestock which the applicant tends in the course 
of any involvement in farming which provides 25 percent or 
more of the applicant's annual income.", 
(e) REDESIGNATION OF SECTIONS 406 AND 407.—Sections 406 (relat-
ing to minimum standards for public and private structures) and 407 
(relating to unemployment assistance), and any references thereto, 
are redesignated as sections 409 and 410, respectively. 
42 USC 5176, 
102 STAT. 4704 
PUBLIC LAW 100-707—NOV. 23, 1988 
42 use 5177. 
(f) UNEMPLOYMENT ASSISTANCE LIMITATIONS.—Section 410 (as so 
redesignated) is amended as follows: 
(1) ENTITLEMENT TO OTHER COMPENSATION.—The first sentence 
of subsection (a) is amended by inserting "for the weeks of such 
unemployment with respect to which the individual is not 
entitled to any other unemployment compensation (as that term 
is defined in section 85(b) of the Internal Revenue Code of 1986) 
or waiting period credit" after "is unemployed". 
(2) TERM OF ASSISTANCE.—The second sentence of subsection 
(a) is amended by striking out "one year" and inserting in lieu 
thereof "26 weeks". 
(3) REPEAL OF REDUCTION IN COMPENSATION.—The third sen-
tence of subsection (a) is amended by striking out "occurred," 
and all that follows through the end of the sentence and insert-
ing in lieu thereof "occurred.". 
(4) REEMPLOYMENT ASSISTANCE.—Subsection (b) is amended to 
read as follows: 
"(b) REEMPLOYMENT ASSISTANCE.— 
"(1) STATE ASSISTANCE.—A State shall provide, without 
reimbursement from any funds provided under this Act, 
reemployment assistance services under any other law adminis-
tered by the State to individuals receiving benefits under this 
section. 
"(2) FEDERAL ASSISTANCE.—The President may provide re-
employment assistance services under other laws to individuals 
who are unemployed as a result of a major disaster and who 
reside in a State which does not provide such services.". 
42 u s e 5178 and 
(g) INDIVIDUAL AND FAMILY G R A N T 
PROGRAMS.—Title IV is 
"°*®' 
amended by striking out section 408 (relating to individual and 
family grant programs) and inserting in lieu thereof the following 
new section: 
42 use 5178. 
"SEC. 411. INDIVIDUAL AND FAMILY GRANT PROGRAMS. 
President of U.S. 
"(a) IN GENERAL.—The President is authorized to make a grant to 
a State for the purpose of making grants to individuals or families 
adversely affected by a major disaster for meeting disaster-related 
necessary expenses or serious needs of such individuals or families 
in those cases where such individuals or families are unable to meet 
such expenses or needs through assistance under other provisions of 
this Act or through other means. 
"(b) COST SHARING.— 
"(1) FEDERAL SHARE.—The Federal share of a grant to an 
individual or a family under this section shall be equal to 75 
percent of the actual cost incurred. 
"(2) STATE CONTRIBUTION.—The Federal share of a grant 
under this section shall be paid only on condition that the 
remaining 25 percent of the cost is paid to an individual or 
family from funds made available by a State. 
President of U.S. 
"(c) REGULATIONS.—The President shall promulgate regulations to 
carry out this section and such regulations shall include national 
criteria, standards, and procedures for the determination of eligi-
bility for grants and the administration of grants under this section. 
"(d) ADMINISTRATIVE EXPENSES.—A State may expend not to 
exceed 5 percent of any grant made by the President to it under 
subsection (a) for expenses of administering grants to individuals 
and families under this section. 
PUBLIC LAW 100-707—NOV. 23, 1988 
102 STAT. 4705 
"(e) ADMINISTRATION THROUGH (JOVERNOR.—The Governor of a 
State shall administer the grant program authorized by this section 
in the State. 
"(f) LIMIT ON GRANTS TO INDIVIDUAL.—No individual or family 
shall receive grants under this section aggregating more than 
$10,000 with respect to any single major disaster. Such $10,000 limit 
shall annually be adjusted to reflect changes in the Consumer Price 
Index for All Urban Consumers published by the Department of 
Labor.". 
(h) REDESIGNATION OF SECTIONS 409 THROUGH 412.—Sections 409 
(relating to food coupons and distribution), 410 (relating to food 
commodities), 411 (relating to relocation assistance), and 412 (relat-
ing to legal services), and any references thereto, are redesignated 
as sections 412, 413, 414, and 415, respectively. 
^?7^5^^8? 
(i) CRISIS COUNSEUNG.—Section 413 (relating to crisis counseling 
assistance and training), and any reference thereto, is redesignated 
as section 416. Such section is amended by striking out "(through 
42 use 5183. 
the National Institute of Mental Health)". 
(j) REDESIGNATION OF SECTIONS 414 THROUGH 418.—Sections 414 
(relating to community disaster loans), 415 (relating to emergency 
communications), 416 (relating to emergency public transportation), 
417 (relating to fire suppression grants), and section 418 (relating to 
timber sale contracts), and any references thereto, are redesignated 
as sections 417, 418, 419, 420, and 421, respectively. 
42 use 
(k) SiMPUFiED PROCEDURE.—Title IV is further amended by striking 5184-5188. 
out section 419 (relating to in-lieu contribution) and inserting in lieu 
thereof the following new section: 
"SEC. 422. SIMPLIFIED PROCEDURE. 
42 USC 5189. 
"If the Federal estimate of the cost of— 
"(1) repairing, restoring, reconstructing, or replacing under 
section 406 any damaged or destroyed public facility or private 
nonprofit facility, 
"(2) emergency assistance under section 403 or 502, or 
"(3) debris removed under section 407, 
is less than $35,000, the President (on application of the State or 
local government or the owner or operator of the private nonprofit 
facility) may make the contribution to such State or local govern-
ment or owner or operator under section 403, 406, 407, or 502, as the 
case may be, on the basis of such Federal estimate. Such $35,000 
amount shall be adjusted annually to reflect changes in the 
Consumer Price Index for All Urban Consumers published by the 
Department of Labor.". 
(1) APPEALS; DATE OF ELIGIBIUTY; EXPENSES INCURRED BEFORE 
DATE OF DISASTER; ADVANCE OF NON-FEDERAL SHARE; LIMITATION ON 
USE OF SUDING SCALES.—Title IV is further amended by adding at 
the end thereof the following new sections: 
"SEC. 423. APPEALS OF ASSISTANCE DECISIONS. 
42 USC 5189a. 
"(a) RIGHT OF APPEAL.—Any decision regarding eligibility for, 
from, or amount of assistance under this title may be appealed 
within 60 days after the date on which the applicant for such 
assistance is notified of the award or denial of award of such 
assistance. 
"(b) PERIOD FOR DECISION.—A decision regarding an appeal under 
subsection (a) shall be rendered within 90 days after the date on 
102 STAT. 4706 
PUBLIC LAW 100-707—NOV. 23, 1988 
which the Federal official designated to administer such appeals 
receives notice of such appeal. 
President of U.S. 
"(c) RuLES.—The President shall issue rules which provide for the 
fair and impartial consideration of appeals under this section. 
42 use 5189b. 
"SEC. 424. DATE OF ELIGIBILITY; EXPENSES INCURRED BEFORE DATE OF 
DISASTER. 
President of U.S. 
"Eligibility for Federal assistance under this title shall begin on 
the date of the occurrence of the event which results in a declara-
tion by the President that a major disaster exists; except that 
reasonable expenses which are incurred in anticipation of and 
immediately preceding such event may be eligible for Federal assist-
ance under this Act.". 
SEC. 107. FEDERAL EMERGENCY ASSISTANCE PROGRAMS. 
(a) 
FEDERAL EMERGENCY ASSISTANCE PROGRAMS. 
amended to read as follows: 
-Title V is 
"TITLE V—EMERGENCY ASSISTANCE 
PROGRAMS 
42 use 5191. 
"SEC. S
O
L PROCEDURE FOR DECLARATION. 
"(a) REQUEST AND DECLARATION.—All requests for a declaration by 
the President that an emergency exists shall be made by the Gov-
ernor of the affected State. Such a request shall be based on a 
finding that the situation is of such severity and magnitude that 
effective response is beyond the capabilities of the State and the 
affected local governments and that Federal assistance is necessary. 
As a part of such request, and as a prerequisite to emergency 
assistance under this Act, the Governor shall take appropriate 
action under State law and direct execution of the State's emer-
gency plan. The Governor shall furnish information describing the 
State and local efforts and resources which have been or will be used 
to alleviate the emergency, and will define the type and extent of 
Federal aid required. Based upon such Governor's request, the 
President may declare that an emergency exists. 
"(b) CERTAIN EMERGENCIES INVOLVING FEDERAL PRIMARY RESPON-
siBiuTY.—The President may exercise any authority vested in him 
by section 502 or section 503 with respect to an emergency when he 
determines that an emergency exists for which the primary respon-
sibility for response rests with the United States because the emer-
gency involves a subject area for which, under the Constitution or 
laws of the United States, the United States exercises exclusive or 
President of U.S. 
preeminent responsibility and authority. In determining whether or 
not such an emergency exists, the President shall consult the Gov-
ernor of any affected State, if practicable. The President's deter-
mination may be made without regard to subsection (a). 
42 use 5192. 
"SEC. 502. FEDERAL EMERGENCY ASSISTANCE. 
"(a) SPECIFIED.—In any emergency, the President may— 
"(1) direct any Federal agency, with or without reimburse-
ment, to utilize its authorities and the resources granted to it 
under Federal law (including personnel, equipment, supplies, 
facilities, and managerial, technical and advisory services) in 
support of State and local emergency assistance efforts to save 
PUBLIC LAW 100-707—NOV. 23, 1988 
102 STAT. 4707 
lives, protect property and public health and safety, and lessen 
or avert the threat of a catastrophe; 
"(2) coordinate all disaster relief assistance (including vol-
untary assistance) provided by Federal agencies, private 
organizations, and State and local governments; 
"(3) provide technical and advisory assistance to affected 
State and local governments for— 
"(A) the performance of essential community services; 
"(B) issuance of warnings of risks or hazards; 
"(C) public health and safety information, including 
dissemination of such information; 
"(D) provision of health and safety measures; and 
"(£) management, control, and reduction of immediate 
threats to public hesdth and safety; 
"(4) provide emergency assistance through Federal agencies; 
"(5) remove debris in accordance with the terms and condi-
tions of section 407; 
"(6) provide temporary housing assistance in accordance with Housing. 
section 408; and 
"(7) assist State and local governments in the distribution of 
medicine, food, and other consumable supplies, and emergency 
assistance. 
"0)) GENERAL,—Whenever the Federal assistance provided under 
subsection (a) with respect to an emergency is inadequate, the 
President may also provide assistance with respect to efforts to save 
lives, protect property and public health and safety, and lessen or 
avert the threat of a catastrophe. 
"SEC. 503. AMOUNT OF ASSISTANCE. 
42 USC 5193. 
"(a) FEDERAL SHARE.—The Federal share for assistance provided 
under this title shall be equal to not less than 75 percent of the 
eligible costs. 
"0)) LIMIT ON AMOUNT OF ASSISTANCE.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), total 
assistance provided under this title for a single emergency shall 
not exceed $5,000,000. 
"(2) ADDITIONAL ASSISTANCE.—The limitation described in President of U.S. 
paragraph (1) may be exceeded when the President determines 
that— 
"(A) continued emergency assistance is immediately 
required; 
* (B) there is a continuing and immediate risk to lives, 
property, public health or safety; and 
"(C) necessary assistance will not otherwise be provided 
on a timely basis. 
"(3) REPORT.—Whenever the limitation described in para-
graph (1) is exceeded, the President shall report to the (Congress 
on the nature and extent of emergency assistance requirements 
and shall propose additional legislation if necessary.", 
(b) SAVINGS CLAUSE.—The amendment made by subsection (a) 
shall not be construed as having any effect on title VIII of the Public 
Works and Economic Development Act of 1965 which was added to 
such Act by section 501 of the Disaster Relief Act of 1974 on May 22, 
1974. 
SEC. 108. AMENDMENTS TO TITLE VI. 
(a) RULES.—Section 601(a) is amended— 
42 use 520i. 
President of U.S. 
42 USC 3231 
note. 
102 STAT. 4708 
PUBLIC LAW 100-707—NOV. 23, 1988 
(1) by inserting "(1)" after "SEC. 601. (a)"; and 
(2) by adding at the end the following new paragraph: 
"(2) DEADUNE FOR PAYMENT OF ASSISTANCE.—Rules and regu-
lations authorized by paragraph (1) shall provide that payment 
of any assistance under this Act to a State shall be completed 
within 60 days after the date of approval of such assistance.". 
42 use 5121 
(b) EFFECTIVE DATE.—Section 605 is repealed. 
42*usc 5202 
^^^ AUTHORIZATION OF APPROPRIATIONS.—Section 606 is repealed. 
SEC. 109. CONFORMING AMENDMENTS TO OTHER LAWS. 
(a) AGRICULTURAL ACT OF 1949.—(1) Section 401(c) of the Agricul-
tural Act of 1949 (7 U.S.C. 1421(c)) is amended by striking out 
"Public Law 875, Eighty-first Congress" and inserting in lieu thereof 
"the Disaster Relief and Emergency Assistance Act". 
(2) Section 407 of such Act (7 U.S.C. 1427) is amended by striking 
out "Public Law 875, Eighty-first Congress, as amended (42 U.S.C. 
1855)" and inserting in lieu thereof "the Disaster Relief and Emer-
gency Assistance Act". 
(b) AGRICULTURAL ACT OF 1970.—Section 813(d) of the Agricultural 
Act of 1970 (7 U.S.C. 1427a(d)) is amended by striking out "Act of 
1974" and inserting in lieu thereof "and Emergency Assistance 
Act". 
(c) CONSOUDATED FARM AND RURAL DEVELOPMENT ACT.—(1) Sec-
tion 321(a) of the Consolidated Farm and Rural Development Act (7 
U.S.C. 1961(a)) is amended by striking out "Act of 1974" each place it 
appears and inserting in lieu thereof "and Emergency Assistance 
Act". 
(2)' Section 324(d) of such Act (7 U.S.C. 1964(d)) is amended by 
striking out "Act of 1974" and inserting in lieu thereof "and Emer-
gency Assistance Act". 
(d) FOOD STAMP ACT OF 1977.—Section 5(h)(1) of the Food Stamp 
Act of 1977 (7 U.S.C. 2014(hXl)) is amended by striking out "section 
302(a) of the Disaster Relief Act of 1974" and inserting in lieu 
thereof "sections 402 and 502 of the Disaster Relief and Emergency 
Assistance Act". 
(e) NATIONAL HOUSING ACT.—(1) Section 8(b)(2) of the National 
Housing Act (12 U.S.C. 1706c(b)(2)) is amended by striking out 
"102(2) and 301 of the Disaster Relief Act of 1974" and inserting in 
lieu thereof "102(2) and 401 of the Disaster Relief and Emergency 
(2) Section 2()3(h) of such Act (12 U.S.C. 1709(h)) is amended— 
(A) by striking out "riot or civil disorder,"; and 
(B) by striking out "102(2) and 301 of the Disaster Relief Act of 
1974" 
and inserting in lieu thereof "102(2) and 401 of the 
Disaster Relief and Emergency Assistance Act". 
(3) Section 221(f) of such Act (12 U.S.C. 17151(f)) is amended by 
striking out "Act of 1974" and inserting in lieu thereof "and Emer-
gency Assistance Act". 
(f) SMALL BUSINESS ACT.—(1) Section 7(b)(2)(A) of the Small Busi-
ness Act (15 U.S.C. 636(b)(2XA)) is amended by striking out "the Act 
entitled 'An Act to authorize Federal assistance to States and local 
governments in major disasters, and for other purposes', approved 
September 30, 1950, as amended (42 U.S.C. 1855-1855g)" and insert-
ing in lieu thereof "the Disaster Relief and Emergency Assistance 
Act". 
(2)'Section 7(b)(E) of such Act (15 U.S.C. 636(b)(E)) is amended by 
striking out "subsection (b) of section 315 of Public Law 93-288 (42 
PUBLIC LAW 100-707—NOV. 23, 1988 
102 STAT. 4709 
U.S.C. 5155)" and inserting in lieu thereof "section 312(a) of the 
Disaster Relief and Emergency Assistance Act". 
(3) Section 7(f) of such Act (15 U.S.C. 636(f)) is amended by striking 
out "section 2(a) of the Act of September 30, 1950 (42 U.S.C. 
1855a(a))" and inserting in lieu thereof "section 102(2) of the Disas-
ter Relief and Emergency Assistance Act". 
(g) ENDANGERED SPECIES ACT OF 1973.—Section 7(p) of the Endan-
gered Species Act of 1973 (16 U.S.C. 1536(p)) is amended— 
(1) by striking out "Disaster Relief Act of 1974" each place it 
appears and inserting in lieu thereof "Disaster Relief and Emer-
gency Assistance Act"; and 
(2) by striking out "401 or 402" and inserting in lieu thereof 
"405 or 406". 
(h) COASTAL BARRIER RESOURCES ACT.—Section 6(a)(6)(E) of the 
Coastal Barrier Resources Act (16 U.S.C. 3505(a)(6)(E)) is amended by 
striking out "305 and 306 of the Disaster Relief Act of 1974 (42 
U.S.C. 5145 and 5146)" and inserting in lieu thereof "402, 403, and 
502 of the Disaster Relief and Emergency Assistance Act". 
(i) IMPACT AID ACT.—Section 7(a)(1)(A) of the Act of September 30, 
1950, commonly known as the Impact Aid Act (Public Law 874, 81st 
Congress; 20 U.S.C. 241-l(a)(l)(A)), is amended by striking out 
"102(2) and 301 of the Disaster Relief Act of 1974" and inserting in 
lieu thereof "102(2) and 401 of the Disaster Relief and Emergency 
Assistance Act". 
(j) PuBuc LAW 815 OF THE 81ST CONGRESS.—Section 16(a)(1)(A) of 
the Act of September 23, 1950 (Public Law 815, 81st Congress; 20 
U.S.C. 646(aXl)(A)), is amended by striking out "102(2) and 301 of the 
Disaster Relief Act of 1974" and inserting in lieu thereof "102(2) and 
401 of th,e Disaster Relief and Emergency Assistance Act". 
(k) Ti-kE 23.—Section 125(b) of title 23, United States Code, is 
amended x^ striking out "Act of 1974" and inserting in lieu thereof 
"and Emergency Assistance Act". 
(1) INTERNAL REVENUE CODE OF 1986.—Sections 165(i)(l), 165(k), 
5064(b)(3), and 5708(a) of the Internal Revenue Code of 1986 (26 
U.S.C. 165(i)(l), 165(k), 5064(b)(3), and 5708(a)) are each amended by 
striking out "Act of 1974" and inserting in lieu thereof "and Emer-
gency Assistance Act". 
(m) ACT OF AUGUST 18,1941.—Section 5(a) of the Act entitled "An 
Act authorizing the construction of certain public works on rivers 
and harbors for flood control, and for other purposes", approved 
August 18, 1941 (33 U.S.C. 701n), is amended by striking out "Act of 
1974" and inserting in lieu thereof "and Emergency Assistance 
Act". 
(n) TITLE 38.—Section 1820(f) of title 38, United States Code, is 
amended by striking out "Act of 1974" and inserting in lieu thereof 
"and Emergency Assistance Act". 
(o) NATIONAL FLOOD INSURANCE ACT OF 1968.—Section 1306(c)(5) of 
the National Flood Insurance Act of 1968 (42 U.S.C. 4013(c)(5)) is 
amended by striking out "Act of 1974" and inserting in lieu thereof 
"and Emergency Assistance Act". 
(p) SOCIAL SECURITY ACT.—Subsections (a)(2)(A) and (b)(ll) of sec-
tion 1612 of the Social Security Act (42 U.S.C. 1382a(a)(2)(A) and 
Ot))(ll)) are each amended by striking out "Act of 1974" and inserting 
in lieu thereof "and Emergency Assistance Act". 
(q) OLDER AMERICANS ACT OF 1965.—Section 310(a)(1) of the Older 
Americans Act of 1965 (42 U.S.C. 3030(a)(1)) is amended by striking 
102 STAT. 4710 
PUBLIC LAW 100-707—NOV. 23, 1988 
out "Act of 1974" and inserting in lieu thereof "and Emergency 
Assistance Act". 
(r) PuBUC WORKS AND ECUNOICIC DEVELOPMENT ACT OF 1965.—(1) 
Section 801(b) of the Public Works and Economic Development Act 
of 1965 (42 U.S.C. 3231(b)) is amended by striking out "Act of 1974" 
and inserting in Ueu thereof "and Emergency Assistance Act". 
(2) Section 802(b) of such Act (42 U.S.C. 3232(b)) is amended by 
striking out "402(f) of the Disaster Relief Act of 1974" and inserting 
in lieu thereof "4()6(c) of the Disaster Relief and Emergency Assist-
ance Act". 
(s) DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; SPACE, 
SCIENCE, VETERANS, AND CERTAIN OTHER INDEPENDENT AGENCIES 
APPROPRIATION ACT, 1973.—Section 406 of the Department of Hous-
ing and Urban Development; Space, Science, Veterans, and Certain 
42 use 3539. 
Ottier Independent Agencies Appropriation Act, 1973 is amended by 
striking out "Act of 1970 (84 Stat. 1744)" and inserting in lieu 
thereof "and Emergency Assistance Act". 
(t) FLOOD DISASTER ftioTBcnoN ACT OF 1973.—Section 3(aX4) of the 
Flood Disaster Protection Act of 1973 (42 U.S.C. 4003(aX4)) is 
amended by striking out "Act of 1974" and inserting in lieu thereof 
"and Emergency Assistance Act". 
(u) E
^
A
R
T
H
Q
U
A
K
E HAZARDS REDUCTION AcT O
F 1977.—Subsections 
(g) and (i) of section 5 of the Earthquake Hazards Reduction Act of 
1977 (42 U.S.C. 7704) are each amended by striking out "Act of 1974" 
and inserting in lieu thereof "and Emergency Assistance Act". 
(v) CERCLA.—Section 101(23) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9601(23)) is amended by striking out "Act of 1974" and inserting in 
lieu thereof "and Emergency A^istance Act". 
(w) ACT OF JUNE 30, 1954.—Section 3 of the Act of June 30, 1954 
(68 Stat. 330; 48 U.S.C. 1681 note) is amended by striking out "102(2) 
and 301 of the Disaster Relief Act of 1974" and inserting in lieu 
thereof "102(2) and 401 of the Disaster Relief and Emergency Assist-
ance Act". 
42 use 5121 
SEC 110. RECOMMENDATIONS CONCERNING IMPROVEMENT OF RELA-
note. 
TIONSHIPS AMONG DISASTER MANAGEMENT OFFICIALS. 
President of U.S. 
Not later than 1 year after the date of the enactment of this Act, 
the President shall recommend to the (Congress proposals to improve 
the operational and fiscal relationships that exist among Federal, 
State, and local major disaster and emergency management offi-
cials. Such proposals should include provisions which— 
(1) decrease the amount of time for processing requests for 
major disaster and emergency declarations and providing Fed-
eral assistance for major disasters and emergencies; 
(2) provide for more effective utilization of State and local 
resources in major disaster and emergency relief efforts; and 
(3) improve the timeliness of reimbursement of State and 
local governments after the submission of necessary documen-
tation. 
SEC. 111. STUDY OF DISASTER DECLARATION PROCESS. 
(a) FINDINGS.—^The Congress finds and declares that— 
(1) the explosion at the Pacific Engineering and Production 
Company in Henderson, Nevada, on May 4,1988, resulted in the 
deaths of two people, more than 350 injuries, and damages to 
more than 3,000 buildings; 
PUBLIC LAW 100-707—NOV. 23, 1988 
102 STAT. 4711 
(2) the Governor of Nevada on May 9, 1988, requested the 
President to declare a major disaster for Nevada as a result of 
the catastrophic accident that occurred on May 4; 
(3) the Federal Emergency Management Agency's rec-
ommendations in response to the Governor's disaster declara-
tion request were delivered to the White House on May 12; 
(4) the Governor of Nevada was not kept informed of the 
status of the State's request for Federal disaster assistance and 
information concerning the Governor's request was selectively 
disseminated; and 
(5) the untimely and selective release of information concern-
ing the disaster had a negative impact on the victims of the 
Henderson explosion, and the citizens of Nevada as a whole. 
(b) STUDY AND REPORT.—The Comptroller General of the United 
States shall— 
(1) conduct a study of the process by which disaster declara-
tions are made; and 
(2) not later than 180 days after the date of enactment of this 
Act, transmit a report to the Congress describing the findings of 
the study along with recommendations on ways to improve and 
ensure the non-political functioning of the process for declaring 
disasters. 
SEC. 112. DECLARED DISASTERS AND EMERGENCIES NOT AFFECTED. 
This title shall not affect the administration of any assistance for 
a major disaster or emergency declared by the President before the 
date of the enactment of this Act, 
SEC. 113. DEADLINE FOR ISSUANCE OF REGULATIONS. 
Regulations necessary to carry out this title and the amendments 
made by this title shall be issued no later than the 180th day 
following the date of the enactment of this Act. 
TITLE II—GREAT LAKES DAMAGE 
ASSISTANCE AND PREVENTION 
42 u s e 5121 
note. 
President of U.S. 
42 u s e 5201 
note. 
Great Lakes 
Planning 
Assistance Act 
of 1988. 
SEC. 201. SHORT TITLE. 
This title may be cited as the "Great Lakes Planning Assistance 
Act of 1988". 
SEC. 202. DAMAGE ASSISTANCE PROGRAM. 
(a) IN GENERAL.—The Director is authorized to provide assistance 
to Great Lakes States in the establishment of State programs to 
reduce and prevent damage attributable to high water levels in the 
Great Lakes. 
(b) GRANTS.—Upon application by a Great Lakes State within 1 
year after the date of enactment of this Act, the Director may make 
a one-time grant to the State of not more than $250,000 for use by 
the State for— 
(1) preparation of plans for mitigation, warning, emergency 
operations, and emergency assistance; 
(2) coordination of available State and Federal assistance; 
(3) development and implementation of nonstructural meas-
ures to reduce or prevent damage attributable to high water 
levels in the Great Lakes, including establishment of setback 
requirements and other conditions on construction and re-
33 u s e 426p 
note. 
33 u s e 426p 
note. 
19-194 O—91—Part i 
-23 : QL 3 
102 STAT. 4712 
PUBLIC LAW 100-707—NOV. 23, 1988 
construction of public and private facilities, mapping of flooding 
zones, and technical assistance; and 
(4) assisting local governments in developing and implement-
ing plans for nonstructural reduction and prevention of dam-
ages attributable to high water levels in the Great Lakes. 
(c) TECHNICAL ASSISTANCE.—^The Director may provide technical 
assistance to Great Lakes States for carrjring out any activity 
carried out with assistance under this section. 
(d) STATE MATCHING.—^A State which receives a grant under this 
section shall match the grant with an amount of funds from non-
Federal sources equal to 25 percent of the amount of the grant. 
(e) AUTHORIZATION.—^There are authorized to be appropriated for 
making grants under this section not more than $2,000,000 for fiscal 
years b^inning after September 30,1988. 
Flood control. 
SEC 203. CORPS OF ENGINEERS. 
^ 
(a) TECHNICAL AND OTHER ASSISTANCE.—The Secretary of the 
Anny may— 
(1) provide emergency assistance to prevent or reduce damage 
attributable to high water levels in the Great Lakes, including 
provision of sandbags, sheeting, and stones and other armoring 
devices (taking account of flooding and erosion of other property 
which may be caused by such activity) but not including 
construction of permanent structures; 
(2) provide technical assistance to individuals and local 
governments with respect to measures to prevent or reduce 
such damage; and 
(3) compile and disseminate information on— 
(A) water levels of the Great Lakes, 
(B) techniques for prevention or reduction of such 
damage, and 
(C) emergency relief available to persons who suffer eco-
nomic injury attributable to high water levels in the Great 
Lakes. 
fl)) ISSUANCE OF PERMITS.— 
(1) CONSIDERATION OF FLOODING AND EROSION.—In issuing a 
permit under— 
(A) section 10 of the Act of March 3, 1899 (33 U.S.C. 403); 
or 
(B) section 404 of the Federal Water Pollution Control Act 
(33 U.S.C. 1344); 
for any activity carried out with assistance under this title, the 
Secretary of the Army shall take account of flooding and ero-
sion of other property which may be caused by such activity. 
(2) BANK STABILIZATION.— 
(A) GENERAL RULE.—In issuing permits under sections 10 
of the Act of March 3, 1899 (33 U.S.C. 403) and 404 of the 
Federal Water PoUution Control Act (33 U.S.C. 1344) for a 
project involving dredging of any portion of the Great 
Lakes, the Secretary of the Army shall, if feasible, encour-
age for bank stabilization purposes the disposal of 
nonhazardous compatible sand from such project on shore-
lines affected by erosion. 
(B) CONSULTATION.—In carrying out subparagraph (A), 
the Secretary of the Army shall consult affected State and 
local governments. 
PUBLIC LAW 100-707—NOV. 23, 1988 
102 STAT. 4713 
of-
SEC. 204. GREAT LAKES COASTAL BARRIER ACT OF 1988. 
(a) SHORT TITLE.—^This section may be cited as the "Great Lakes 
Coastal Barrier Act of 1988". 
(b) STUDY OF COASTAL BABRIER RESOURCES SYSTEM TO INCLUDE 
BARRIERS WITHIN GREAT LAEES SHORE AREAS.—Section 4 of the 
Coastal Barrier Resources Act (16 U.S.C. 3503) is amended to read as 
follows: 
'^EC. 4. COASTAL BARRIER RESOURCES SYSTEM. 
'(a) IN GENERAL.—^The Coastal Barrier Resources System consists 
"(1) those undeveloped coastal barriers that are located on the 
Atlantic and Gulf Coasts of the United States and included 
within the System on April 19,1983; and 
"(2) those undeveloped coastal bsuriers along the shore areas 
of the Great Lakes that are designated by Congress by law after 
considering the recommendations of the Secretary made under 
subsection (b) of this section. 
'(b) INCLUSION OF GREAT LAKES BARRIERS.— 
"(1) IN GENERAL.— 
'\A) RECOBOIENDATIONS AND MAPS.—^Ebccept as provided 
in subparagraph (B), not later than 3 months after the date 
of the enactment of the Great Lakes Coastal Barrier Act of 
1988, the Secretary shall recommend to (Congress and pre-
pare maps identifying the boundaries of those undeveloped 
coastal barriers along the shore areas of Great Lakes that 
the Secretaiy considers appropriate for inclusion in the 
Coastal Barrier Resources System. 
"(B) EXCLUDED AREAS.—^The Secretary may not rec-
ommend for inclusion as an undeveloped coastal barrier, 
and sections 5 and 6 of this Act do not apply to, any area 
that is publicly owned and protected by Federal, State, or 
local government law, or held by a qualified organization 
defined in section 170(hX3) of the Tax Reform Act of 1986 
(26 U.S.C. 
170(hX3)), primarily for wUdlife 
refuge, 
sanctuary, recreational, or natuixd resource conservation 
purposes. 
"(2) 
CONSULTATIONS 
AND 
CONSIDERATIONS.—Before 
rec-
ommending undeveloped coastal barriers under paragraph (1) of 
this section, the Secretary shall— 
"(A) consult with and provide an opportunity for com-
ment by appropriate United States (government agencies. 
State agencies (including the coastal zone management 
agencies) of the States bordering the Great Lakes, and the 
public; and 
"(B) update on the basis of aerial photographs and con-
sider the draft coastal barrier inventory maps prepared by 
the Secretary in January 1985 for the States of Michigan, 
Wisconsin, Ohio, New York (Great Lakes) and Minnesota. 
"(3) PROVISION OF MAPS.—As soon as practicable after the 
revision of the maps referred to in paragraph (2KB) of this 
subsection is completed, the Secretary shedl provide copies of 
the maps to— 
'(A) each appropriate State and county or equivalent 
jurisdiction in which S^tem units are located; 
"(B) the coastal zone management agency in each appro-
priate State that has a coastal zone management prc^ram 
Great Lakes 
Coastal 
Barrier Act of 
1988. 
16 use 3501 
note. 
State listing. 
102 STAT. 4714 
PUBLIC LAW 100-707—NOV. 23, 1988 
approved under section 306 of the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1455); 
"(C) each appropriate United States Government agency; 
and 
"(D) the Congress. 
"(4) PuBUC INSPECTION OF MAPS.—The Director of the United 
States Fish and Wildlife Service shall make available for public 
inspection all maps prepared under this section. 
"(c) BOUNDARY MODIFICATIONS.— 
"(1) IN GENERAL.—The Secretary shall— 
"(A) conduct a review of the System maps at least once 
every 5 years after the date of the enactment of the Great 
Lakes Coastal Barrier Act of 1988; and 
"(B) subject to paragraph (2), make any minor and tech-
nical modifications to the boundaries of any System unit 
that are necessary solely to reflect changes that have oc-
curred in the size or location of that unit as a result of 
natural forces. 
"(2) CONSULTATIONS.—The Secretary shall conduct the re-
views required under paragraph (1) in consultation with the 
chief executive officer of— 
"(A) each appropriate State and county equivalent juris-
diction in which System units are located; 
"(B) the coastal zone management agency in each appro-
priate State that has a coastal zone management program 
approved under section 306 of the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1455); 
"(C) each appropriate United States Government agency; 
and 
"(D) the public. 
Public 
"(d) SYSTEM MAPS.—The Office of the Director of the United 
information. 
States Fish and Wildlife Service, Department of the Interior, and 
other appropriate offices of the Service shall have available for 
public inspection all System maps.", 
(c) CONFORMING AMENDMENTS.— 
(1) CONGRESSIONAL FINDINGS.—Section 2 of the Coastal Bar-
rier Resources Act (16 U.S.C. 3501) is amended by inserting 
"and along the shore areas of the Great Lakes" after "Atlantic 
and Gulf coasts" at each place it appears. 
(2) DEFINITIONS.—Section 3 of the Coastal Barrier Resources 
Act (16 U.S.C. 3502) is amended as follows: 
(A) REDESIGNATION.—Paragraphs (4) and (5), and any ref-
erence thereto, are redesignated as paragraphs (5) and (7), 
respectively. 
(B) GREAT LAKES DEFINED.—The following is inserted after 
paragraph (3): 
"(4) The term 'Great Lakes' means Lake Ontario, Lake Erie, 
Lake Huron, Lake St. Clair, Lake Michigan, and Lake Superior, 
to the extent that those lakes are subject to the jurisdiction of 
the United States.". 
(C) SYSTEM MAPS DEFINED.—The following is inserted after 
paragraph (5) (as redesignated): 
"(6) The term 'system maps' means— 
"(A) the maps that are entitled 'Coastal Barrier Re-
sources System , numbered AOl through T12 (but excluding 
maps T02 and T03) and dated September 30, 1982, and the 
note. 
PUBLIC LAW 100-707—NOV. 23, 1988 
102 STAT. 4715 
maps numbered T02A and T03A and dated December 8, 
1982; and 
"(B) the maps prepared under section 4(b) of this Act and 
any modification to those maps under that section.", 
(d) E^ANSiON OF HIGHWAYS IN MICHIGAN.—^The limitations on 16 use 3505 
the use of Federal expenditures or financial assistance within the 
Coastal Barrier Resources System under section 6(aX3) of the 
Coastal Barrier Resources Act (16 U.S.C. 3505(aX3)) shall not apply 
to existing highways located within the State of Michigan if the 
Congress adds new units to the C!oastal Barrier Resources S3rstem 
under section 4 of that Act, and those units include portions of 
United States or State highways in the State of Michigan. 
SEC 205. DEFINITIONS. 
33 USC 426p 
For purposes of this title— 
(1) DIRECTOR.—The term "Director" means the Director of the 
Federal Emergency Management Agency. 
(2) HIGH WATER LEVELS.—The term "high water levels" means 
water levels above the long-term average of water levels from 
1900. 
(3) LOCAL GOVERNMENT.—^The term "local government" 
means a county, city, village, town, district, or other political 
subdivision of a Great Ls^es State and an Indian tribe or 
authorized tribal organization. 
(4) GREAT LAKES STATE.—The term "Great Lakes State" means 
Minnesota, Wisconsin, Illinois, Ohio, Michigan, Indiana, Penn-
sylvania, and New York. 
TITLE III—MISCELLANEOUS PROVISIONS 
SEC 301. AUTHORIZATION OF APPROPRIATIONS. 
The last sentence of section 91 of the Water Resources Develop-
ment Act of 1974 (88 Stat. 39), relating to authorization of appropria-
tions for the New York Harbor collection and removal of drift 
project, is amended by striking out "$30,500,000" and inserting in 
lieu thereof "$6,000,000 annually". 
SEC. 302. HUDSON RIVER CHANNEL. 
That portion of Public Law 100-202 designated as the Energy and 
Water Development Appropriation Act of 1988 is amended by strik-
ing out in the undesignated paragraph "The following portion of the 
Hudson River" all that follows through "the States of New York and 
New Jersey." (101 Stat. 1329-109) and inserting in lieu thereof the 
following: 
"The following portion of the Hudson River in the Borough of 
Manhattan, New York County, State of New York, is hereby de-
clared not to be part of the federally authorized Channel Deepening 
Project: that portion of the Hudson River and land thereunder more 
particularly bounded and described as follows: Beginning at a point 
in the United States Pierhead Line approved by the Secretary of 
War on July 31, 1941, said point having a coordinate of North 
4,677.56 feet and West 11,407.92 feet and running: (1) Northerly 
along said Pierhead line on a bearing of N21-0r-53"W for a distance 
of 700.00 feet to a point; thence (2) Westerly at right angles to 
said Pierhead Line on a bearing of S68-58'-07"W for a distance of 
200.00 feet to a point; thence (3) Southerly and parallel with said 
102 STAT. 4716 
PUBLIC LAW 100-707—NOV. 23, 1988 
Pierhead Line on a bearing of S21-01'-53"E for a distance of 700.00 
feet to a point; thence (4) Esisterly at right angles to said Pierhead 
Line on a bearing of N68-58'-07"E for a distance of 200.00 feet to the 
point of beginning. Bearings and coordinates are in the system used 
on the Borough Survey, Borough President's Office, Manhattan. 
Compacts 
This declaration shall apply to all or any part of the described area 
between States. 
which is used or needed for New York Harbor pgissenger ferry boat 
service, as such service may be operated by, or contracted for 
operation by, a bi-State agency created by compact between the 
States of New York and New Jersey.". 
Approved November 23, 1988. 
LEGISLATIVE HISTORY—H.R. 2707 (S. 2380): 
HOUSE REPORTS: No. 100-517 (Comm. on Public Works and Transportation). 
SENATE REPORTS: No. 100-524 accompanying S. 2380 (Comm. on Environment and 
Public Works). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Mar. 17, considered and passed House. 
Oct. 21, considered and passed Senate, amended. House concurred in Senate 
amendment.