42 USC 5165c – Public notice, comment, and consultation requirements
(a) Public notice and comment concerning new or modified policies
(1) In general
The President shall provide for public notice and opportunity for comment before adopting any new or modified policy that—
(A) governs implementation of the public assistance program administered by the Federal Emergency Management Agency under this chapter; and
(B) could result in a significant reduction of assistance under the program.
(2) Application
Any policy adopted under paragraph (1) shall apply only to a major disaster or emergency declared on or after the date on which the policy is adopted.
(b) Consultation concerning interim policies
(1) In general
Before adopting any interim policy under the public assistance program to address specific conditions that relate to a major disaster or emergency that has been declared under this chapter, the President, to the maximum extent practicable, shall solicit the views and recommendations of grantees and subgrantees with respect to the major disaster or emergency concerning the potential interim policy, if the interim policy is likely—
(A) to result in a significant reduction of assistance to applicants for the assistance with respect to the major disaster or emergency; or
(B) to change the terms of a written agreement to which the Federal Government is a party concerning the declaration of the major disaster or emergency.
(2) No legal right of action
Nothing in this subsection confers a legal right of action on any party.
(c) Public access
The President shall promote public access to policies governing the implementation of the public assistance program.
Terms Used In 42 USC 5165c
- 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. See 42 USC 5122
- Major disaster: means any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, 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 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. See 42 USC 5122