Page:United States Statutes at Large Volume 102 Part 5.djvu/690

 102 STAT. 4696

PUBLIC LAW 100-707—NOV. 23, 1988

President of U.S. "(c) REGULATIONS.—The President shall issue regulations describLoans. ing the terms and conditions under which any loan or advance

authorized by this section may be made. 42 USC 5163.

"SEC. 320. LIMITATION ON USE OF SLIDING SCALES.

"No geographic area shall be precluded from receiving assistance under this Act solely by virtue of an arithmetic formula or sliding scale based on income or population. 42 USC 5164.

"SEC. 32L RULES AND REGULATIONS.

"The President may prescribe such rules and regulations as may be necessary and proper to carry out the provisions of this Act, and may exercise, either directly or through such Federal agency as the President may designate, any power or authority conferred to the President by this Act.". (2) 42 USC 5175.

CONFORMING

AMENDMENT

TO TITLE IV.—Title IV

is

amended by striking out section 405, relating to protection of the environment. SEC. 106. MAJOR DISASTER ASSISTANCE PROGRAMS. (a) PROCEDURE FOR DECLARATION; GENERAL FEDERAL ASSISTANCE; ESSENTIAL ASSISTANCE; AND HAZARD MITIGATION.—Title IV is

amended— (1) by striking out the heading for such title and inserting in lieu thereof:

"TITLE IV—MAJOR DISASTER ASSISTANCE PROGRAMS"; 42 USC 5171.

(2) by redesignating section 401 (relating to Federal facilities), and any reference thereto, as section 405; and (3) by inserting before such section 405 the following new sections:

President of U.S. 42 USC 5170.

"SEC. 401. PROCEDURE FOR DECLARATION.

42 USC 5170a.

"SEC. 402. GENERAL FEDERAL ASSISTANCE.

"All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on 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 part of such request, and as a prerequisite to major disaster assistance under this Act, the Governor shall take appropriate response action under State law and direct execution of the State's emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results 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 comply with all applicable cost-sharing requirements of this Act. Based on the request of a Governor under this section, the President may declare under this Act that a major disaster or emergency exists. "In any major disaster, the President may—

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