§125 Emergency relief

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (d)(1)(A), (4)(A), (B), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, 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

note set out under section 5121 of Title 42 and Tables.

2021—Subsec. (a)(1). Pub. L. 117–58, § 11106(1), inserted “wildfire,” after “severe storm,”. Subsec. (b). Pub. L. 117–58, § 11106(2), added subsec. (b) and struck out former subsec. (b) which restricted eligibility of funds for bridge repair or re

in certain cases. Subsec. (d)(2)(A). Pub. L. 117–58, § 11106(3)(A), inserted dash after “a facility that” and cl. (i) designation before “meets the current” and added cl. (ii). Subsec. (d)(3), (4). Pub. L. 117–58, § 11106(3)(B), (C), added par. (3) and redesignated former par. (3) as (4). 2019—Subsec. (d)(4). Pub. L. 116–94 struck out par. (4). Text read as follows: “The total obligations for projects under this section for any fiscal year in the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall not exceed $20,000,000.” 2015—Subsec. (d)(3)(C). Pub. L. 114–94, § 1107(a), added subpar. (C). Subsec. (e)(1). Pub. L. 114–94, § 1107(b), amended par. (1) generally. Prior to amendment, text read as follows: “In this subsection, the term ‘open to public travel’ means, with respect to a road, that, except during scheduled periods, extreme weather conditions, or emergencies, the road is open to the general public for use with a standard passenger vehicle, without restrictive gates or prohibitive signs or

, other than for general traffic control or restrictions based on size, weight, or class of registration.” 2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to emergency relief and consisted of subsecs. (a) to (f). 1998—Subsec. (a). Pub. L. 105–178, § 1113(b)(2), added subsec. (a) and struck out former subsec. (a) which authorized expenditures by Secretary from emergency fund for repair or re

of highways, roads, or trails which have suffered serious damage from natural disasters or catastrophic failures from external sources, including provisions relating to restrictions on eligibility and funding. Subsecs. (b), (c). Pub. L. 105–178, § 1113(b)(1), (2), added subsecs. (b) and (c) and redesignated former subsecs. (b) and (c) as (d) and (e), respectively. Subsec. (d). Pub. L. 105–178, § 1212(a)(2)(A)(i), substituted “State transportation department” for “State highway department”. Pub. L. 105–178, § 1113(b)(3), substituted “re

of highways on Federal-aid highways in accordance” for “re

of highways on the Federal-aid highway systems, including the Interstate System, in accordance” in first sentence, “subsection (e) of this section” for “subsection (c) of this section” in two places, “authorized on Federal-aid highways” for “authorized on the Federal-aid highway systems, including the Interstate System” before period at end of second sentence, and “Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)” for “Disaster Relief and Emergency Assistance Act (Public Law 93–288)” in third sentence. Pub. L. 105–178, § 1113(b)(1), redesignated subsec. (b) as (d). Former subsec. (d) redesignated (f). Subsec. (e). Pub. L. 105–178, § 1113(b)(4), substituted “Federal-aid highways” for “on any of the Federal-aid highway systems” before period at end. Pub. L. 105–178, § 1113(b)(1), redesignated subsec. (c) as (e). Subsec. (f). Pub. L. 105–178, § 1113(b)(1), redesignated subsec. (d) as (f). 1992—Subsec. (b). Pub. L. 102–302, which directed the substitution of “on Federal-aid highways” for “on the Federal-aid highway systems including the Interstate System” in two places, could not be executed because phrase “on the Federal-aid highway systems including the Interstate System” did not appear in text. 1991—Subsec. (b)(2). Pub. L. 102–240 substituted “$20,000,000” for “$5,000,000”. 1988—Subsec. (b). Pub. L. 100–707 substituted “and Emergency Assistance Act” for “Act of 1974”. 1987—Subsec. (b). Pub. L. 100–17, § 133(b)(9)(A), substituted “the Federal-aid highway systems, including the Interstate System” for “the Interstate System, the Primary System, and on any routes functionally classified as arterials or major collectors” in two places. Pub. L. 100–17, § 118(a)(1), substituted “in a State shall not exceed $100,000,000.” for “shall not exceed $30,000,000 ($55,000,000 for projects in connection with disasters or failures occurring in calendar year 1985) in any State.” Pub. L. 100–17, § 118(b)(2), designated existing provisions related to limitations placed upon obligations for projects under this section as cl. (1) and added cl. (2). Subsec. (c). Pub. L. 100–17, § 133(b)(9)(B), substituted “on any of the Federal-aid highway systems” for “routes functionally classified as arterials or major collectors”. Subsec. (d). Pub. L. 100–17, § 118(b)(1), added subsec. (d). 1986—Subsec. (b). Pub. L. 99–272 inserted parenthetical provision allowing obligations not exceeding $55,000,000 for projects in connection with disasters or failures occurring in calendar year 1985. 1985—Pub. L. 99–190 amended section in manner substantially identical to amendment by Pub. L. 99–272. 1983—Subsec. (a). Pub. L. 97–424, § 153(a)(1), inserted “(1)” before “the repair or re

caused by other than natural catastrophes. 1966—Subsec. (a). Pub. L. 89–574, § 9(c), raised from $30,000,000 to $50,000,000 the upper limit on allowable annual appropriations to establish and replenish the fund, provided that, if, in any fiscal year the total of all expenditures under this section is less than $50,000,000, the unexpended balance of such amount shall remain available for expenditure during the next two succeeding fiscal years in addition to amount otherwise available, and provided that 60 per centum of the expenditures under this section are authorized to be appropriated from the Highway Trust Fund and the remaining 40 per centum of such expenditures are authorized to be appropriated only from any monies in the Treasury not otherwise appropriated. Subsec. (c). Pub. L. 89–574, § 9(b), added parkways, public lands highways, public lands development roads, and trails to the list of types of roads the repair or re

of which may be paid for out of the emergency fund. 1959—Pub. L. 86–342, among other changes, made expenditures from the emergency fund subject to the provisions of section 120 of this title, and permitted the Secretary to expend funds from the emergency fund, either independently or in cooperation with any other branch of the Government, State agency, organization, or person, for the repair or re

of forest highways, forest development roads and trails, park roads and trails, and Indian reservation roads, whether or not such highways, roads, or trails are on any of the Federal-aid highway systems.

of 2021 AmendmentAmendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

of 1991 AmendmentAmendment by Pub. L. 102–240 applicable only to natural disasters and catastrophic failures occurring after Dec. 18, 1991, see section 1022(c) of Pub. L. 102–240, set out as a note under section 120 of this title.

of 1987 Amendment Pub. L. 100–17, title I, § 118(a)(2), Apr. 2, 1987, 101 Stat. 156, provided that: “The amendment made by paragraph (1) [amending this section] shall apply with respect to natural disasters and catastrophic failures occurring after December 31, 1985.” Pub. L. 100–17, title I, § 118(b)(3), Apr. 2, 1987, 101 Stat. 156, provided that: “The

made by paragraphs (1) and (2) [amending this section] shall take effect on the date of the enactment of this Act [Apr. 2, 1987].”

of 1983 Amendment Pub. L. 97–424, title I, § 153(e), Jan. 6, 1983, 96 Stat. 2133, provided that: “The

made by subsection (d) of this section [amending this section] shall apply to natural disasters or catastrophic failures which the Secretary finds eligible for emergency relief subsequent to the date of enactment of this section [Jan. 6, 1983].”

of 1968 Amendment Pub. L. 90–495, § 27(c), Aug. 23, 1968, 82 Stat. 829, provided that: “The

made by this section [amending this section and section 120 of this title] shall be applicable to repair or re

with respect to which project agreements have been entered into on or after January 1, 1968.”

of 1966 Amendment Pub. L. 89–574, § 9(d), Sept. 13, 1966, 80 Stat. 769, provided that: “The