42-U.S.C.-5170
§5170 – Procedure For Declaration
Pathway
Title 42 > Chapter 68 > Subchapter IV > Section 5170
Details
- Reference: Section 5170
- Legend: §5170 – Procedure For Declaration
- USCode Year: 2011
Provision Content
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 assistance under this chapter, the Governor shall take appropriate response action under State law and direct execution of the States emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this chapter. Based on the request of a Governor under this section, the President may declare under this chapter that a major disaster or emergency exists.
(Pub. L. 93–288, title IV, §401, as added Pub. L. 100–707, title I, §106(a)(3), Nov. 23, 1988, 102 Stat. 4696.)
References in Text
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
Prior Provisions
A prior section 401 of Pub. L. 93–288 was renumbered section 405 by Pub. L. 100–707 and is classified to section 5171 of this title.
U.S. Encyclopedia of Law Coverage
42-U.S.C.-5197E in the Legal Encyclopedia: Public Health
In this entry about 42-U.S.C.-5197E, find legal reference material, bibliographies and premiere content related to public health in the American Encyclopedia of Law, presenting a comprehensive view of the United States public health-specific issues, written by authorities in the field.
42-U.S.C.-5196B in the Legal Encyclopedia: Disaster Relief
In this entry about 42-U.S.C.-5196B, find legal reference material, bibliographies and premiere content related to disaster relief in the American Encyclopedia of Law, presenting a comprehensive view of the United States disaster relief-specific issues, written by authorities in the field.
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