The man who controlled ground zero- George W. Bush.

[NecessaryOnslaught]

ROBERT T. STAFFORD DISASTER RELIEF AND
EMERGENCY ASSISTANCE ACT

P.L. 93-288, as amended (passed October,2000)

DEFINITIONS

Sec. 102. As used in this Act

(1) "Emergency" means any occasion or instance 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 catastrophe in any part of the United States."

Sec. 302. (a) Immediately upon his declaration of a major disaster or emergency, the President shall appoint a Federal coordinating officer to operate in the affected area.

Sec. 402. In any major disaster, the President may -

(1) direct any Federal agency, with or without reimbursement, 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 voluntary assistance) provided by Federal agencies, private organizations, and State and local governments;
(3) provide technical and advisory assistance to affected State and local governments

Sec. 405. (a) The President may authorize any Federal Agency to repair, reconstruct, restore, or replace any facility owned by the United States and under the jurisdiction of such agency which is damaged or destroyed by an major disaster if he determines that such repair, reconstruction, restoration, or replacement is of such importance and urgency that it cannot reasonably be deferred pending the enactment of specific authorizing legislation or the making of an appropriation for such purposes, or the obtaining of congressional committee approval.

(b) In order to carry out the provisions of this section, such repair, reconstruction, restoration, or replacement may be begun notwithstanding a lack or an insufficiency of funds appropriated for such purpose, where such lack or insufficiency can be remedied by the transfer, in accordance with law, of funds appropriated to that agency for another purpose.

DEBRIS REMOVAL

Sec. 407. (a) The President, whenever he determines it to be in the public interest, is authorized -

(1) through the use of Federal departments, agencies, and instrumentalities, to clear debris and wreckage resulting from a major disaster from publicly and privately owned lands and waters; and
(2) to make grants to any State of local government or owner or operator of a private nonprofit facility for the purpose of removing debris or wreckage resulting from a major disaster from publicly or privately owned lands and waters.

(b) No authority under this section shall be exercised unless the affected State or local government shall first arrange an unconditional authorization for removal of such debris or wreckage from public and private property, and, in the case of removal of debris or wreckage from private property, shall first agree to indemnify the Federal Government against any claim arising from such removal.

(c) Rules Relating to Large Lots. The President shall issue rules which provide for recognition of differences existing among 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.

http://www.ohioema.org/robertt.htm

http://www.fema.gov/library/stafact.shtm

[OudeVanDagen]

1. Public Law 93-288 does many things

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, P. L. 93-288 was enacted by Congress to address the loss of life, human suffering, loss of income, and damage or destruction of property that occur during disasters.



The Stafford Act enables FEMA to provide supplementary Federal assistance to a)individuals, b)State and local governments, and c) certain private nonprofit organizations to assist them in recovering from the devastating effects of major disasters;

a)Individuals may be eligible for temporary housing or home repair assistance. P.L. 93-288, Approved May 22, 1974 (88 Stat. 143) The Robert T. Stafford Disaster Relief and Emergency Assistance Act Sec. 312 <42 U.S.C. 5155> DUPLICATION OF BENEFITS (d) Assistance Not Income.—Federal major disaster and emergency assistance provided to individuals and families under this Act, and comparable disaster assistance provided by States, local governments, 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.

b) State and local governments, as well as
c) certain private nonprofit organizations, may be eligible for public assistance funding to:
• Clear debris(*)
• Implement emergency protective measures for the preservation of life and property,
• Repair or replace public infrastructure, such as streets, bridges, and water control facilities,
• Repair or replace public buildings and related equipment,
• Repair or restore public utilities, and
• Repair or restore public recreational facilities and parks.

(*) Debris Removal: During an emergency declaration or the initial response to a major disaster, the U.S. Army Corps of Engineers is the designated lead agency for debris removal under ESF #3—Public Works and Engineering. For State-initiated debris removal, FEMA requires that all work be performed by contract labor. FEMA then reimburses the State for the eligible contract costs



When the President declares a major disaster or emergency under the Stafford Act, FEMA coordinates the Federal Government’s initial response and long-term recovery efforts through the Federal Response Plan of 1992.

This FRP from '92 authorizes FEMA to direct any of the 27 signatory parties to use its authorities and resources in support of State and local efforts.



http://www.ppbi.org/fema.htm
EMERGENCY: As defined at Title V of P.L. 93-288, Section 102(1), an emergency is any occasion or instance 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.

Title V includes authority for the President to direct federal agencies to provide emergency assistance to save lives and protect property and public health and safety for emergencies other than natural disasters.

Under Title V, the President may direct the provision of emergency assistance either at the request of a Governor (Section 501 (a)) or upon determination by the President that an emergency exists for which the primary responsibility for response rests with the United States (501 (b)).