CHAPTER 345

AN ACT TO ENABLE THE STATE OF DELAWARE TO OBTAIN FROM THE FEDERAL GOVERNMENT AVAILABLE DISASTER RELIEF AND ASSISTANCE.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 7 of the Delaware Code is hereby amended by adding thereto a new Chapter as follows, to be numbered Chapter 57 and to be entitled "Disaster Relief and Assistance."

CHAPTER 57. DISASTER RELIEF AND ASSISTANCE

§ 5701. Declaration of Policy and Intent

It is hereby declared to be the policy and purpose of the State of Delaware to obtain from the Federal Government all available relief and assistance to alleviate suffering and damage resulting from major disasters, such as flood, storm, hurricane, fire, drought, or other catastrophe, in any part of the State, and to repair or restore essential public facilities that have been damaged or destroyed by a major disaster, and, to that end, to cooperate fully with the Federal Government and its agencies.

§ 5702. Authority of Governor or Designated Representative to Act for State

(a) The Governor, or such officer, agency or department of the State as shall be designated in writing by the Governor to act as the State's representative, is hereby authorized to enter into such agreements with the Federal Government, or an agency thereof, as the Governor or such designated representative shall deem necessary to obtain available relief and assistance from the Federal Government, or its agencies, and to do all other acts or things necessary or convenient to obtain such assistance or to carry out the powers expressly granted by this Chapter and to effectuate its purpose, including the power to act in the acquisition of lands or interests in lands privately owned.

(b) Neither the Governor nor such designated representative shall commit the State to any financial obligation except to the extent of available appropriations; provided, however, that any such agreement authorized by Subsection (a) hereof may specify:

(1) That the State will agree to hold and save the United States and its agents free from any claim for damages which may arise out of the performance of such works and projects to be undertaken by the Federal Government or its agencies pursuant to any such agreement, other than claims arising from the tortious acts of agents or employees of the Federal Government; and

(2) That the State will furnish or provide, free of cost to the United States, all lands, easements, rights-of-way, and other areas or interests in land within the State of Delaware required for or in connection with the performance of the work or project to be undertaken by the Federal Government, or its agencies, in respect of such agreement, and for the maintenance thereafter of such work or project.

§ 5703. Costs and Expense; Fund to be Charged

Such sums as may be required, whether in payment of the costs of necessary legal proceedings, as compensation to property owners, or in furtherance of the provisions of any agreement authorized by § 5702 or this Chapter, shall be charged against any special or emergency appropriation made by the Legislature in connection with the work or project which is the subject matter of the Agreement with the Federal Government or its agencies.

Approved March 30, 1962.