§5122 Definitions

This chapter, referred to in introductory provisions and par. (2), was in the original “this Act”, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see

note set out under section 5121 of this title and Tables. The Federally Recognized Indian Tribe List Act of 1994, referred to in par. (6), is title I of Pub. L. 103–454, Nov. 2, 1994, 108 Stat. 4791, which was classified principally to section 479a et seq. of Title 25, Indians, prior to editorial reclassification as section 5130 et seq. of Title 25. For complete classification of this Act to the Code, see

note set out under section 5101 of Title 25 and Tables.

2018—Par. (11). Pub. L. 115–123 amended subpar. (B) generally by substituting a second subpar. (A) and a subpar. (B) for former subpar. (B). Prior to amendment, subpar. (B) read as follows: “In addition to the facilities described in subparagraph (A), the term ‘private nonprofit facility’ includes any private nonprofit facility that provides essential services of a governmental nature to the general public (including museums, zoos, performing arts facilities, community arts centers, libraries, homeless shelters, senior citizen centers, rehabilitation facilities, shelter workshops, broadcasting facilities, and facilities that provide health and safety services of a governmental nature), as defined by the President.” Par. (11)(A). Pub. L. 115–254, § 1238(b)(2), struck out first subpar. (A) which read as follows: “The term ‘private nonprofit facility’ means private nonprofit educational, utility, irrigation, emergency, medical, rehabilitational, and temporary or permanent custodial care facilities (including those for the aged and disabled) and facilities on Indian reservations, as defined by the President.” Pub. L. 115–254, § 1238(b)(1), inserted “center-based childcare,” after “facility),” in second subpar. (A) as added by Pub. L. 115–123. Par. (11)(B). Pub. L. 115–254, § 1214, inserted “food banks,” after “shelter workshops,”. 2015—Par. (11)(B). Pub. L. 114–111 inserted “broadcasting facilities,” after “workshops,”. 2013—Par. (6). Pub. L. 113–2, § 1110(c)(3), added par. (6). Former par. (6) redesignated (7). Par. (7). Pub. L. 113–2, § 1110(c)(2), redesignated par. (6) as (7). Former par. (7) redesignated (8). Par. (7)(B). Pub. L. 113–2, § 1110(c)(1), substituted “, that is not an Indian tribal government as defined in paragraph (6); and” for “; and”. Pars. (8) to (11). Pub. L. 113–2, § 1110(c)(2), redesignated pars. (7) to (10) as (8) to (11), respectively. Par. (12). Pub. L. 113–2, § 1110(c)(4), added par. (12). 2006—Pars. (6) to (8). Pub. L. 109–295, § 688(2), added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively. Former par. (8) redesignated (9). Par. (9). Pub. L. 109–295, § 688(2), redesignated par. (8) as (9). Former par. (9) redesignated (10). Pub. L. 109–295, § 688(1), amended par. (9) generally. Prior to amendment, text read as follows: “ ‘Private nonprofit facility’ means private nonprofit educational, utility, irrigation, emergency, medical, rehabilitational, and temporary or permanent custodial care facilities (including those for the aged and disabled), other private nonprofit facilities which provide essential services of a governmental nature to the general public, and facilities on Indian reservations as defined by the President.” Par. (10). Pub. L. 109–295, § 688(2), redesignated par. (9) as (10). 2000—Par. (3). Pub. L. 106–390, § 302(1), substituted “and the Commonwealth of the Northern Mariana Islands” for “the Northern Mariana Islands, and the Trust Territory of the Pacific Islands”. Par. (4). Pub. L. 106–390, § 302(1), substituted “and the Commonwealth of the Northern Mariana Islands” for “the Northern Mariana Islands, or the Trust Territory of the Pacific Islands”. Par. (6). Pub. L. 106–390, § 302(2), added par. (6) and struck out former par. (6) which read as follows: “ ‘Local government’ means (A) any county, city, village, town, district, or other political subdivision of any State, any Indian tribe or authorized tribal organization, or Alaska Native village or organization, and (B) includes any rural community or unincorporated town or village or any other public entity for which an application for assistance is made by a State or political subdivision thereof.” Par. (9). Pub. L. 106–390, § 302(3), inserted “irrigation,” after “utility,”. 1992—Pars. (3), (4). Pub. L. 102–247 inserted “the Northern Mariana Islands,” after “American Samoa,”. 1988—Par. (1). Pub. L. 100–707, § 103(b), inserted heading and amended text generally. Prior to amendment, text read as follows: “ ‘Emergency’ means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe in any part of the United States which requires Federal emergency assistance to supplement State and local efforts to save lives and protect property, public health and safety or to avert or lessen the threat of a disaster.” Par. (2). Pub. L. 100–707, § 103(c), inserted heading and amended text generally. Prior to amendment, text read as follows: “ ‘Major disaster’ means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe in any part of the United States which, in the determination of the President, causes damage of sufficient severity and magnitude to warrant major disaster assistance under this chapter, above and beyond emergency services by the Federal Government, to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.” Pars. (3), (4). Pub. L. 100–707, § 103(d), struck out “the Canal Zone,” after “American Samoa,”. Pars. (8), (9). Pub. L. 100–707, § 103(f), added pars. (8) and (9).

of 2018 Amendment Pub. L. 115–254, div. D, § 1238(c), Oct. 5, 2018, 132 Stat. 3466, provided that: “The amendment made by subsection (b)(1) [amending this section] shall apply to any major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191) on or after the date of enactment of this Act [Oct. 5, 2018].” 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. Pub. L. 115–123, div. B, title VI, § 20604(c), Feb. 9, 2018, 132 Stat. 86, provided that: “This section [amending this section and section 5172 of this title] and the

made by this section shall apply— “(1) to the provision of assistance in response to a major disaster or emergency declared on or after August 23, 2017; or “(2) with respect to—“(A) any application for assistance that, as of the date of enactment of this Act [Feb. 9, 2018], is pending before Federal Emergency Management Agency; and “(B) any application for assistance that has been denied, where a challenge to that denial is not yet finally resolved as of the date of enactment of this Act.”

Pub. L. 113–2, div. B, § 1110(e), Jan. 29, 2013, 127 Stat. 49, provided that: “(1) Issuance.—The President shall issue

to carry out the

made by this section [enacting section 5123 of this title and amending this section and section 5170 and 5191 of this title]. “(2) Factors.—In issuing the

, the President shall consider the unique conditions that affect the general welfare of Indian tribal governments.” Local Government Pub. L. 100–707, title I, § 103(e), Nov. 23, 1988, 102 Stat. 4690, provided that: “(1) In general.—The term ‘local government’ is deemed to have the same meaning in the Disaster Relief and Emergency Assistance Act [Pub. L. 93–288, see

note set out under section 5121 of this title], as amended by this Act [see

of 1988 Amendment note set out under section 5121 of this title], as that term had on October 1, 1988, under section 102(6) of the Disaster Relief Act of 1974 [par. (6) of this section] and

implementing the Disaster Relief Act of 1974. “(2) Termination of effectiveness.—Paragraph (1) shall not be effective on and after the 90th day after the President transmits to the Committee on Public Works and Transportation of the House of Representatives and to the Committee on Environment and Public Works of the Senate a report which includes an interpretation of the term ‘local government’ for purposes of the Disaster Relief and Emergency Assistance Act, as amended by this Act.” [Functions of President under section 103(e)(2) of Pub. L. 100–707 delegated to Administrator of Federal Emergency Management Agency by section 3 of Ex. Ord. No. 12673, Mar. 23, 1989, 54 F.R. 12571, set out as a note under section 5195 of this title.] Definitions Pub. L. 115–254, div. D, § 1203, Oct. 5, 2018, 132 Stat. 3438, provided that: “In this division [see

of 2018 Amendment note set out under section 5121 of this title]: “(1) Administrator.—The term ‘Administrator’ means the Administrator of the Federal Emergency Management Agency. “(2) Agency.—The term ‘Agency’ means the Federal Emergency Management Agency. “(3) State.—The term ‘State’ has the meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).”