HB 1148 - Disaster Relief - 1975

SECTION 1.) Section 37-17.1-20 of the North Dakota Century Code is hereby created and enacted to read as follows: 

37-17.1-20. TEMPORARY HOUSING FOR DISASTER VICTIMS AND SITE ACQUISITION AND PREPARATION.) In accordance with the provisions of the United States Disaster Relief Act of 1974 , the governor is authorized to enter into such agreements and execute such assurances on behalf of the state of North Dakota as may be necessary to establish, in the event of a disaster, a program of temporary housing for disaster victims adversely affected by a major disaster in those" cases where such disaster victims are 
unable to meet their needs through assistance under provisions other than section 404 of the Disaster Relief Act or through other means. The governor shall be authorized: 

1. To receive temporary housing units to be occupied by disaster victims from any agency of the United States and to make such units available to any political subdivision of the state. 

2. To assist any political subdivision of this state which is the site of temporary housing for disaster victims, to acquire and to prepare sites necessary for such temporary housing, and to "pass through" funds made available by any agency, public or private. 

Any political subdivision of this state is expressly authorized to acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for installation of temporary housing units for disaster victims and to enter into whatever arrangements, including purchase of temporary housing units and payment of transportation charges, which are necessary to prepare or equip such sites to utilize the housing units. 
The governor is authorized to make rules and regulations necessary to carry out the purposes of this Act. 

SECTION 2.) Section 37-17.1-21 of the North Dakota Century Code is hereby created and enacted to read as follows: 

37-17.1-21. COMMUNITY DISASTER LOANS.) In accordance with the provisions of the United States Disaster Relief Act of 1974, the governor is authorized to enter into such agreements and execute such assurances on behalf of the state of North Dakota as may be necessary to establish, in the event of a presidential a program of community disaster loans declared "major disaster",  in those cases where communities are unable to meet or provide for its essential governmental functions through assistance under provisions other than section 414 of the Disaster Relief Act or through other means. Upon the governor' s determination that a local government of the state will suffer a substantial loss of tax and other revenues from a major disaster and has demonstrated a need for financial assistance to perform its governmental functions to apply to the federal government, on behalf of the local government, for a loan; and to receive and disburse the proceeds of any approved loan to any applicant local government.

The governor shall be authorized:

1. To determine the amount needed by any applicant local government to restore or resume its governmental functions, and to certify the same to the federal government; provided, however, that no application amount shall exceed twenty-five percent of the annual operating budget of the applicant for the fiscal year in which the major disaster occurs.

2. To recommend to the federal government, based upon his review, the cancellation of all or any part of repayment when, within three fiscal years following the major disaster, the revenues of the local government are in- sufficient to meet its operating expenses, including additional disaster-related expenses of a municipal operation character. 

SECTION 3.) Section 37-17 .1-22 of the North Dakota Century Code is hereby created and enacted to read as follows: 
37-17 .1-22. DEBRIS AND WRECKAGE REMOVAL IN DISASTER EMERGENCIES OR MAJOR DISASTERS.) 
In accordance with the provisions of the United States Disaster Relief Act of 1974, the governor is authorized to enter into such agreements and execute such assurances on behalf of the state of North Dakota as may be necessary to establish, in the event of a disaster, a program of debris and wreckage removal caused by a major disaster in those cases where such debris and wreckage removal cannot be provided under provisions other than section 403 of the Disaster Relief Act or through 
other means. 
The governor shall be authorized:

1. Notwithstanding any other provision of law, through the use of state departments or agencies, or the use of any of the state' s instrumentalities, to clear or remove from publicly or privately owned land or water, debris and wreckage which may threaten public health or safety, or threaten public or private property, in any disaster emergency declare ed by the governor or major disaster as declared by the president. 

2. To accept funds from the federal government and utilize such funds to make grants to any local government for the purpose of removing debris or wreckage from publicly or privately owned land or water. 

Authority under this Act shall not be exercised , except upon state-owned lands, unless the affected local government, corporation, organization, or individual shall first present an unconditional authorization for removal of such debris or wreckage from public and private property and, in the case of removal of debris or wreckage from private property, shall first agree to indemnify the state government against any claim arising from such removal.