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Title 42 — The Public Health and Welfare

Chapter 68 — Disaster Relief

§ 5187. Fire management assistance

Statutory text

(a)

In general

The President is authorized to provide assistance, including grants, equipment, supplies, and personnel, to any State or local government for the mitigation, management, and control of any fire on public or private forest land or grassland that threatens such destruction as would constitute a major disaster.

(b)

Coordination with State and tribal departments of forestry

In providing assistance under this section, the President shall coordinate with State and tribal departments of forestry.

(c)

Essential assistance

In providing assistance under this section, the President may use the authority provided under section 5170b of this title.

(d)

Hazard mitigation assistance

Whether or not a major disaster is declared, the President may provide hazard mitigation assistance in accordance with section 5170c of this title in any area affected by a fire for which assistance was provided under this section.

(e)

Rules and regulations

The President shall prescribe such rules and regulations as are necessary to carry out this section.

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. Pub. L. 93–288 title IV § 420 · 88 Stat. 143

    Enacted · 42 U.S.C. § 5187

    Pub. L. 93–288, title IV, § 420, formerly § 417, May 22, 1974, 88 Stat. 158

    Target inherited from the preceding amendment note.

    Source evidence

    Code source credit
    Pub. L. 93–288, title IV, § 420, formerly § 417, May 22, 1974, 88 Stat. 158

    Enacted provision · exact public law section
    Sec. 417. The President is authorized to provide assistance, including 42 USC 5187. grants, equipment, supplies, and personnel, to any State for the suppression of any fire on publicly or privately owned forest or grassland which threatens such destruction as would constitute a major disaster.

  2. Disaster Mitigation Act of 2000

    Pub. L. 106–390 title III § 303(a) · 114 Stat. 1552

    Amended · 42 U.S.C. § 5187

    Pub. L. 106–390 amended section catchline and text generally. Prior to amendment, text read as follows: “The President is authorized to provide assistance, including grants, equipment, supplies, and personnel, to any State for the suppression of any fire on publicly or privately owned forest or grassland which threatens such destruction as would constitute a major disaster.”

    Source evidence

    Code amendment note
    Pub. L. 106–390 amended section catchline and text generally. Prior to amendment, text read as follows: “The President is authorized to provide assistance, including grants, equipment, supplies, and personnel, to any State for the suppression of any fire on publicly or privately owned forest or grassland which threatens such destruction as would constitute a major disaster.”

    Enacted provision · exact public law section
    (a) In General.— Section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) is amended to read as follows: “SEC. 420. FIRE MANAGEMENT ASSISTANCE. “(a) In General.— The President is authorized to provide assistance, including grants, equipment, supplies, and personnel, to any State or local government for the mitigation, management, and control of any fire on public or private forest land or grassland that threatens such destruction as would constitute a major disaster. “(b) Coordination With State and Tribal Departments of Forestry.— In providing assistance under this section, the President shall coordinate with State and tribal departments of forestry. “(c) Essential Assistance.— In providing assistance under this section, the President may use the authority provided under section 403. “(d) Rules and Regulations.— The President shall prescribe such rules and regulations as are necessary to carry out this section.”.

  3. Disaster Recovery Reform Act of 2018

    Pub. L. 115–254 div. D § 1204(a) · 132 Stat. 3187

    1. Added · 42 U.S.C. § 5187(d); 42 U.S.C. § 5187(e)

      Pub. L. 115–254 added subsec. (d)

    2. Redesignated · 42 U.S.C. § 5187(d); 42 U.S.C. § 5187(e)

      Pub. L. 115–254 redesignated former subsec. (d) as (e)

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 115–254 added subsec. (d) and redesignated former subsec. (d) as (e).

    Enacted provision · exact public law section
    (a) Mitigation Assistance.— Section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: “(d) Hazard Mitigation Assistance.— Whether or not a major disaster is declared, the President may provide hazard mitigation assistance in accordance with section 404 in any area affected by a fire for which assistance was provided under this section.” .

    Effective date note
    Amendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Aug. 1, 2017, and authorities provided under div. D of Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Jan. 1, 2016, except as otherwise provided, see section 1202 of Pub. L. 115–254, set out as a note under section 5121 of this title.

4 of 4 references resolved to an enrolled provision

Editorial Notes

Amendments2000–2018 · 2 rounds

2018

Subsecs. (d), (e). Pub. L. 115–254 added subsec. (d) and redesignated former subsec. (d) as (e).

2000

Pub. L. 106–390 amended section catchline and text generally. Prior to amendment, text read as follows: “The President is authorized to provide assistance, including grants, equipment, supplies, and personnel, to any State for the suppression of any fire on publicly or privately owned forest or grassland which threatens such destruction as would constitute a major disaster.”

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after , and authorities provided under div. D of Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after , except as otherwise provided, see section 1202 of Pub. L. 115–254, set out as a note under section 5121 of this title.

Effective Date of 2000 Amendment

Pub. L. 106–390, title III, § 303(b), , 114 Stat. 1573, provided that: “The amendment made by subsection (a) [amending this section] takes effect 1 year after the date of the enactment of this Act [].”

Reporting Requirement

Pub. L. 115–254, div. D, § 1204(c), , 132 Stat. 3439, provided that: “Not later than 1 year after the date of enactment of this Act [] and annually thereafter, the Administrator [of the Federal Emergency Management Agency] shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives a report containing a summary of any projects carried out, and any funding provided to those projects, under subsection (d) of section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) (as amended by this section).”

Credits

1974–2018 · 4 acts
  1. 1974Pub. L. 93–288, title IV, § 420, formerly § 417, , 88 Stat. 158
  2. 1988renumbered § 420, Pub. L. 100–707, title I, § 106(j), , 102 Stat. 4705
  3. 2000Pub. L. 106–390, title III, § 303(a), , 114 Stat. 1572
  4. 2018Pub. L. 115–254, div. D, § 1204(a), , 132 Stat. 3438.
Show as published

(Pub. L. 93–288, title IV, § 420, formerly § 417, , 88 Stat. 158; renumbered § 420, Pub. L. 100–707, title I, § 106(j), , 102 Stat. 4705; Pub. L. 106–390, title III, § 303(a), , 114 Stat. 1572; Pub. L. 115–254, div. D, § 1204(a), , 132 Stat. 3438.)

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