42 U.S.C. § 5141
Waiver of administrative conditions
Any Federal agency charged with the administration of a Federal assistance program may, if so requested by the applicant State or local authorities, modify or waive, for a major disaster, such administrative conditions for assistance as would otherwise prevent the giving of assistance under such programs if the inability to meet such conditions is a result of the major disaster.
Notes of Decisions
Cited in 4
cases, 1978–1994 · leading case: Reimbursement for Flood Loss, 10 Pa. D. & C.3d 577 (1978).
Reimbursement for Flood Loss, 10 Pa. D. & C.3d 577 (1978). “Determinations of either “emergency” or of a “major disaster” are made by the President after reviewing the request by the state governor: 42 U.S.C.A. §5141 . Based on request to find that an emergency exists, “the President may determine that an emergency exists which warrants…”
Gen. Acct. Off. Request for Documents of the Fed. Emergency Mgmt. Agency (OLC 1980). “3 See 42 U.S.C. § 5141 ; 44 C .F .R . Part 20. 4 Y our staff has confirm ed that in a particular case in w hich F E M A makes a recom m endation to the President, a covering m em orandum will be prepared in the W hite H ouse by the D om estic Policy StafT.”
Virgin Islands Water & Power Auth. v. United States, 30 Fed. Cl. 236 (Fed. Cl. 1994). “Pursuant to the procedure set forth in the Stafford Act, 42 U.S.C. § 5141 (1988), the President declared *237 a “major disaster.”
Kansas ex rel. Hayden v. United States, 751 F. Supp. 1495 (D. Kan. 1990). “36 could possibly conflict is 42 U.S.C. § 5141 . Title 42, Section 5141 provides: Waiver of administrative conditions.”
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