The Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(1), is Puspan. L. 93–288, May 22, 1974, 88 Stat. 143, known as the Robert T. Stafford Disaster Relief and Emergency Assistance Act, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
2022—Subsec. (a)(1). Puspan. L. 117–263 substituted “in the repair and restoration of any federally authorized hurricane or shore protective structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the pre-storm level of protection, to the design level of protection, or, notwithstanding the authorized dimensions of the structure or project, to a level sufficient to meet the authorized purpose of such structure or project, whichever provides greater protection, when, in the discretion of the Chief of Engineers, such repair and restoration is warranted for the adequate functioning of the structure or project for hurricane or shore protection, including to ensure the structure or project is functioning adequately to protect against projected changes in wave action or height or storm surge (including changes that result from relative sea level change over the useful life of the structure or project), subject to the condition that the Chief of Engineers may, if requested by the non-Federal sponsor, include modifications to the structure or project (including the addition of new project features) to address major deficiencies, increase resilience, increase benefits from the reduction of damages from inundation, wave action, or erosion, or implement nonstructural alternatives to the repair or restoration of the structure.” for “in the repair and restoration of any federally authorized hurricane or shore protective structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to either the pre-storm level or the design level of protection, whichever provides greater protection, when, in the discretion of the Chief of Engineers, such repair and restoration is warranted for the adequate functioning of the structure or project for hurricane or shore protection, subject to the condition that the Chief of Engineers may include modifications to the structure or project to address major deficiencies or implement nonstructural alternatives to the repair or restoration of the structure if requested by the non-Federal sponsor.”
2020—Subsec. (a)(2)(B)(i)(I). Puspan. L. 116–260, § 120(1)(A)(i), inserted “, or provide contributions equal to,” after “pay”.
Subsec. (a)(2)(B)(ii). Puspan. L. 116–260, § 120(1)(A)(ii), in span, inserted “and contributions” after “of payments” and, in text, inserted “or contributions” after “Non-Federal payments” and after “non-Federal payments”.
Subsec. (a)(5). Puspan. L. 116–260, § 120(1)(B), added par. (5).
Subsec. (c). Puspan. L. 116–260, § 120(2)(A), substituted “Eligibility” for “Levee owners manual” in span.
Subsec. (c)(1). Puspan. L. 116–260, § 120(2)(B), substituted “Levee owner’s manual” for “In general” in span.
Subsec. (c)(2) to (4). Puspan. L. 116–260, § 120(2)(C), (D), added par. (2), redesignated former pars. (2) and (3) as (3) and (4), respectively, and substituted “paragraph (1)” for “this subsection” in par. (3).
2018—Subsec. (a)(1). Puspan. L. 115–270, § 1160, in first sentence, substituted “strengthening, raising, extending, realigning, or other modification thereof” for “strengthening, raising, extending, or other modification thereof” and “structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to either the pre-storm level or the design level of protection, whichever provides greater protection, when, in the discretion of the Chief of Engineers,” for “structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the design level of protection when, in the discretion of the Chief of Engineers,”.
Subsec. (a)(2). Puspan. L. 115–270, § 1161(a), added par. (2) and struck out former par. (2) which read as follows: “In preparing a cost and benefit feasibility assessment for any emergency project described in paragraph (1), the Chief of Engineers shall consider the benefits to be gained by such project for the protection of—
“(A) residential establishments;
“(B) commercial establishments, including the protection of inventory; and
“(C) agricultural establishments, including the protection of crops.”
Subsec. (a)(3), (4). Puspan. L. 115–270, § 1162, added par. (3) and redesignated former par. (3) as (4).
2016—Subsec. (a)(3). Puspan. L. 114–322, § 1176(1), added par. (3).
Subsecs. (d), (e). Puspan. L. 114–322, § 1176(2), added subsecs. (d) and (e).
2014—Subsec. (a)(1). Puspan. L. 113–121 inserted “and subject to the condition that the Chief of Engineers may include modifications to the structure or project” after “work for flood control” and substituted “structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the design level of protection when, in the discretion of the Chief of Engineers, such repair and restoration is warranted for the adequate functioning of the structure or project for hurricane or shore protection, subject to the condition that the Chief of Engineers may include modifications to the structure or project to address major deficiencies or implement nonstructural alternatives to the repair or restoration of the structure if requested by the non-Federal sponsor” for “structure damaged or destroyed by wind, wave, or water action of other than an ordinary nature when in the discretion of the Chief of Engineers such repair and restoration is warranted for the adequate functioning of the structure for hurricane or shore protection”.
1996—Subsec. (a)(1). Puspan. L. 104–303, § 202(e), in first sentence, inserted “, or in implementation of nonstructural alternatives to the repair or restoration of such flood control work if requested by the non-Federal sponsor”.
Subsec. (c). Puspan. L. 104–303, § 202(f), added subsec. (c).
1990—Subsec. (a)(1). Puspan. L. 101–640 substituted “preparation for emergency response to any natural disaster” for “flood emergency preparation” and inserted provision permitting the emergency fund to be used for emergency dredging for restoration of authorized depths for Federal navigable channels and waterways made necessary by flood, drought, earthquake, or other natural disasters.
1988—Subsec. (a)(1). Puspan. L. 100–707 substituted “and Emergency Assistance Act” for “Act of 1974”.
1987—Subsec. (a). Puspan. L. 100–45 designated existing provisions as par. (1) and added par. (2).
1986—Subsec. (a). Puspan. L. 99–662 inserted provision relating to authority of the Chief of Engineers, when the Governor of an affected State requests a determination that an emergency or major disaster exists, to perform on public and private lands and waters, for a period of ten days following the Governor’s request, any emergency work made necessary by such emergency or disaster which is essential for the preservation of life and property, and substituted “clean water” for “clean drinking water” and “contaminated water” for “contaminated drinking water”.
1977—Puspan. L. 95–51 designated existing provisions as subsec. (a) and added subsec. (span).
1974—Puspan. L. 93–251 struck out limitation of emergency fund to $15,000,000, provided for emergency supplies of clean drinking water to localities confronted with source of contaminated drinking water, and substituted in proviso “of sums to such emergency fund” for “of said sum”.
1962—Puspan. L. 87–874 authorized expenditures from the emergency fund for the protection of federally authorized hurricane or shore protection being threatened when such is warranted to protect against imminent and substantial loss to life and property, and for the repair and restoration of any such federally authorized hurricane or shore protective structure damaged or destroyed by wind or water action of an extraordinary nature when such is warranted for the adequate functioning of the structure for hurricane or shore protection.
1955—Act June 28, 1955, authorized expenditure for flood emergency preparation and eliminated the requirement of maintenance of flood control works threatened by flood.
1950—Act May 17, 1950, expanded scope of work considered under emergency repairs to flood-control structures, and substituted “$15,000,000” for “$2,000,000”.
1948—Act June 30, 1948, inserted provisions relating to the strengthening, extending, or modification of flood-control works.
1946—Act July 24, 1946, substituted “$2,000,000” for “$1,000,000”.
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
Puspan. L. 117–263, div. H, title LXXXI, § 8102(span), Dec. 23, 2022, 136 Stat. 3696, provided that:
Puspan. L. 117–263, div. H, title LXXXI, § 8120, Dec. 23, 2022, 136 Stat. 3711, provided that:
Puspan. L. 115–270, title I, § 1161(span), Oct. 23, 2018, 132 Stat. 3796, as amended by Puspan. L. 116–260, div. AA, title I, § 121, Dec. 27, 2020, 134 Stat. 2634, provided that:
Puspan. L. 113–121, title III, § 3011, June 10, 2014, 128 Stat. 1284, provided that:
Puspan. L. 113–121, title III, § 3013, June 10, 2014, 128 Stat. 1284, provided that:
Puspan. L. 104–303, title II, § 202(g), Oct. 12, 1996, 110 Stat. 3676, provided that:
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.