§ 5141. Waiver of administrative conditions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   Pub. L. 93–288 title III § 301 · 88 Stat. 143

   Enacted · 42 U.S.C. § 5141

   (Pub. L. 93–288, title III, § 301, as added Pub. L. 100–707, title I, § 105(a)(2), Nov. 23, 1988, 102 Stat. 4691.)

   Source evidence

   Code source credit
   (Pub. L. 93–288, title III, § 301, as added Pub. L. 100–707, title I, § 105(a)(2), Nov. 23, 1988, 102 Stat. 4691.)

   Enacted provision · exact public law section
   Sec. 301. (a) All requests for a determination by the President that 42 USC 5141. an emergency exists shall be made by the Governor of the affected State. Such request shall be based upon the Governor’s finding that the situation is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. The Governor’s request will furnish information describing State and local efforts and resources which have been or will be used to alleviate the emergency, and will define the type and extent of Federal aid required. Based upon such Governor’s request, the President may determine that an emergency exists which warrants Federal assistance. (b) All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such Governor’s request shall be based upon a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As a part of this request, and as a prerequisite to major disaster assistance under the Act, the Governor shall take appropriate action under State law and direct execution of the State’s emergency plan. He shall furnish information on the extent and nature of State resources which have been or will be used to alleviate the conditions of the disaster, and shall certify that for the current disaster. State and local government obligations and expenditures (of which State commitments must be a significant proportion) will constitute the expenditure of a reasonable amount of the funds of such State and local governments for alleviating the damage, loss, hardship, or suffering resulting from such disaster. Based upon such Governor’s request, the President may declare that a major disaster exists, or that an emergency exists.

1 of 1 references resolved to an enrolled provision