Disaster Assistance Act 1987
TITLE 7 – PUBLIC HEALTH, SAFETY AND WELFARE
CHAPTER 10 - DISASTER ASSISTANCE
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
DISASTER ASSISTANCE ACT 1987
Arrangement of Sections
Section Page
§1001. Short title. .............................................................................................................................. 3
§1002. Effect. ...................................................................................................................................... 3
§1003. Interpretation. ....................................................................................................................... 4
§1004. Powers of the Cabinet. ......................................................................................................... 4
§1005. Declaration of state of disaster. .......................................................................................... 4
§1006. Form of executive order or proclamation. ........................................................................ 5
§1007. Additional powers of the Cabinet. ..................................................................................... 5
§1008. Disaster Committee. ............................................................................................................. 6
§1009. The duties of the Committee............................................................................................... 7
§1010. Finance. .................................................................................................................................. 9
§1011. Disaster prevention. ............................................................................................................. 9
§1012. Public cooperation and compensation. ........................................................................... 11
TITLE 7 – PUBLIC HEALTH, SAFETY AND WELFARE
CHAPTER 10 - DISASTER ASSISTANCE
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
DISASTER ASSISTANCE ACT 1987
AN ACT to reduce vulnerability of people and communities of the Republic to
damage, injury, and loss of life and property resulting from natural or manmade
catastrophes; to clarify the role of the Cabinet and local governments in the
prevention of, preparation for, response to, and recovery from disaster; to authorize
and provide for coordination of activities relating to disaster prevention,
preparedness, response, and recovery between agencies, and for matters connected
therewith and incidental thereto.
Commencement: October 9, 1987
Source: P.L. 1987-20
Amended By: P.L. 1994-99
§1001. Short title.
This Chapter may be cited as the “Disaster Assistance Act 1987". [P.L. 1987-20, §1.]
§1002. Effect.
Nothing in this Chapter shall be construed to:
(a) interfere with the course or conduct of any dispute, except that
actions otherwise authorized by this Chapter or other laws
may be taken when necessary to forestall or mitigate imminent
or existing danger to public health or safety;
(b) interfere with dissemination of news or comment on public
affairs; but any communications facility or organization
(including but not limited to radio and television stations, wire
services, and newspapers) may be required to transmit or print
public service messages furnishing information or instructions
in connection with a disaster emergency; and;
(c) limit, modify, or abridge the authority of the Cabinet to
exercise any powers vested under the Constitution of the
Marshall Islands or laws independent of, or in conjunction
with, any provisions of this Chapter. [P.L. 1987-20, §2.]
§1003. Interpretation.
In this Chapter:
(a) “disaster” means occurrence or imminent threat of
widespread or severe damage, injury, or loss of life or
property resulting from any natural or manmade cause
including but not limited to fire, flood, earthquake, wind,
storm, wave action, oil spill, or other water contamination
requiring emergency action to avert danger or damage,
volcanic activity, epidemic, air contamination, blight, drought,
infestation, explosion, or civil disturbance; and
(b) “political subdivision” means any atoll or island on which a
system of local government operates. [P.L. 1987-20, §3.]
§1004. Powers of the Cabinet.
(1) It shall be the duty of the Cabinet to make such provision as may be
reasonable and necessary for the security of the Republic.
(2) The Cabinet may in the exercise of its power issue executive orders,
proclamations, and amend or rescind them. Executive orders
proclamations and regulations issued by the Cabinet under this
Chapter shall have the force and effect of law. [P.L. 1987-20, §4.]
§1005. Declaration of state of disaster.
(1) The Cabinet may by executive order or proclamation declare a state
of disaster, if a disaster has occurred or the threat thereof is
imminent.
(2) The state of disaster so declared shall continue until such time the
Cabinet finds that the threat or danger has passed or that the disaster
has been dealt with to the extent that disaster conditions no longer
exist.
(3) The state of disaster so declared shall be terminated by executive
order or proclamation, but no state of disaster shall continue for a
period of longer than thirty (30) days unless renewed by the Cabinet.
(4) The Nitijela may by resolution terminate a state of disaster declared
by the Cabinet at any time, and the Cabinet shall give effect to such
resolution by issuing an executive order or proclamation ending such
state of disaster. [P.L. 1987-20, §5.]
§1006. Form of executive order or proclamation.
(1) All executive orders or proclamations issued under this Chapter shall
indicate the nature of the disaster, the area or areas threatened, and
the conditions which have caused such declaration or termination of
the state of disaster.
(2) An executive order or proclamation shall be disseminated promptly
by means calculated to bring its contents to the attention of the
general public.
(3) An executive order or proclamation of a state of disaster shall
empower the disaster response and recovery aspects of the disaster
plans applicable to the political subdivision or area in question, and
authorize the deployment and use of any forces to which the plan or
plans apply, and the use or distribution of any supplies, equipment,
and materials and facilities assembled, stockpiled, or arranged to be
made available pursuant to this Chapter or to any other provision of
law relating to disasters. [P.L. 1987-20, §6.]
§1007. Additional powers of the Cabinet.
In addition to any other powers conferred by law, the Cabinet may, during
the period of state of disaster:
(a) suspend the provisions of any statute prescribing the
procedures for conduct of government business, or the orders,
rules or regulations, of any government agency, if strict
compliance with the provisions of any law, order, rule, or
regulation would in any way prevent, hinder, or delay
necessary action in coping with the disaster;
(b) utilize all available resources of the Government of the
Marshall Islands as reasonably necessary to cope with the
disaster;
(c) transfer the direction, personnel, or functions of ministries and
agencies or units thereof for the purpose of performing or
facilitating disaster services;
(d) subject to any constitutional requirements for just
compensation, commandeer or utilize any private property
found necessary to cope with the disaster;
(e) direct and compel the evacuation of all or part of the
population from any stricken or threatened area if deemed
necessary for the preservation of life or other disaster
mitigation activities, response, or recovery; provided,
however, that any person so evacuated shall be permitted to
return to the place from which he was evacuated immediately
following the termination of the state of disaster;
(f) prescribe routes, modes of transportation, and destinations in
connection with evacuation;
(g) control ingress to and egress from a disaster area, the
movement of persons within the area, and the occupancy of
premises therein;
(h) suspend or limit the sale, dispensing, or transportation of
alcoholic beverages, firearms, explosives, and combustibles;
(i) make provisions for the availability and use of temporary
emergency housing; and
(j) give due recognition to the license, certificate or other permit
issued by any government evidencing that a person has met
qualifications for professional, mechanical, or other skills, and
such persons may render aid involving that skill to meet a
disaster. [P.L. 1987-20, §7.]
§1008. Disaster Committee.
(1) There shall be established a Disaster Committee under the
supervision and control of the Chief Secretary who shall be the
Disaster Coordinator.
(2) The Disaster Committee shall be composed of the following officials
and their representatives:
(a) Chief Secretary (Chairman, ex-officio);
(b) Chief of Police;
(c) Secretary of Public Works;
(d) Secretary of Transportation and Communication;
(e) Secretary of Resources and Development;
(f) Secretary of Health;
(g) Secretary of Internal and Outer Island Affairs;
(h) Secretary of Education:
(i) Secretary of Foreign Affairs;
(j) Secretary of Finance [P.L. 1987-20, §8.]
§1009. The duties of the Committee.
(1) The Disaster Committee shall be responsible for mitigation of the
effects of any disasters and in the event of any such disaster shall be
responsible for directing the conduct of counter-disaster operations.
The Committee shall also prepare, for issuance by the Cabinet,
executive orders, proclamations and regulations as necessary or
appropriate in dealing with any disaster.
(2) It shall be the duty of the Chief Secretary to set up and maintain in
consultation with the Committee a disaster plan which includes
measures for:
(a) prevention and minimization of injury and damage caused by
disaster;
(b) prompt and effective response to disaster;
(c) disaster relief;
(d) identification of areas particularly vulnerable to disasters;
(e) recommendations for zoning, building, and other land use
controls, safety measures for securing temporary or
semipermanent structures, and other preventive and
preparedness measures designed to eliminate or reduce
disasters or their impact;
(f) assistance to local officials in designing local disaster action
plans;
(g) authorization and procedures for the erection or other
construction of temporary works designed to protect against
or mitigate danger, damage, or loss from flood, conflagration,
or other disaster;
(h) identification of and coordination with the disaster plans and
programs of international and private agencies;
(i) organization of manpower and appropriate chains of
command; and
(j) such other matters necessary or appropriate.
(2) In preparing the disaster plan, the Chief Secretary shall, as far as
practicable, seek the advice and assistance of local government,
business, labor, industry, agriculture, civic, and volunteer
organizations and community leaders; and shall:
(a) with assistance of local governments determine requirements
of each village for food, clothing, and other necessities in the
event of disaster;
(b) establish and maintain records of counter-disaster resources
available;
(c) assist local governments to operate programs of public
information;
(d) plan and make arrangements for the availability and use of
any private facilities, services, and property and, if necessary
and if in fact used, provide for payment for use under terms
and conditions agreed upon;
(e) establish a register of persons with types of training and skills
important in disaster prevention, preparedness, response, and
recovery;
(f) establish a register of mobile and construction equipment and
temporary housing available for use in a disaster;
(g) determine that means exist for rapid and efficient
communications in times of disasters and consider the
desirability of supplementing these communications resources
or of integrating them into a comprehensive communication
system or network; and
(h) do such other things as may be necessary, incidental or
appropriate for the implementation of this Chapter.[P.L. 1987-20, §9.]
§1010. Finance.
(1) The Disaster Assistance Account is hereby established as a special
revenue account within the National Treasury and under the control
and supervision of the Ministry of Finance, which shall provide for
its administration in accordance with the Financial Management Act
of 1990, as amended, 11 MIRC 1.
(2) In the event that at all or any part of the Account is utilized for any of
the purposes under this Chapter during any financial year, the
amount so utilized shall be appropriated in the Annual
Appropriation Act for the next financial year in order to maintain a
continuous balance of $200, 000 in the Account at the commencement
of each fiscal year.
(3) In any event where the sum available in the Account is not sufficient
to meet the demand in case of disaster, the Cabinet may:
(a) make available monies from the Contingencies Fund or by
reprogramming; and
(b) seek assistance from international and other sources. Money
made available and received under this Subsection shall be
credited to the Account.
(4) Subject to the control and supervision of the Ministry of Finance, the
monies in the Account shall be made available and paid out by the
Chief Secretary in consultation with the Committee for the purposes
set out in this Chapter.
(5) Nothing contained in this Section shall be construed to limit the
authority of the Cabinet to apply for administer, and expend any
grants, gifts, or payments or pass-through funds in aid of disaster
prevention, preparedness response or recovery. [P.L. 1987 20, §10; amended byP.L. 1994-99, §3(4).]
§1011. Disaster prevention.
(1) In addition to disaster prevention measures as included in the
disaster plan:
(a) the Disaster Committee shall consider on a continuing basis
steps that could be taken to present or reduce the harmful
consequences of disasters and make appropriate
recommendations to the Cabinet;
(b) at the direction of the Cabinet and pursuant to any other
authority, ministries including but not limited to those
charged with responsibilities in connection with flood control,
public works, land use, and land use planning, and
construction standards, shall make studies of disaster
prevention methods; and
(c) the Disaster Committee from time to time shall make
recommendations to the Cabinet, local governments, and other
appropriate public and private entities as may facilitate
measures for prevention or reduction of the harmful
consequences of disasters.
(2) The Ministry of Public Works shall keep land use and construction of
structures and other facilities under continuing study and identify
areas which are particularly susceptible to severe land shifting,
erosion, flood, or other catastrophic occurrence. The studies under
this Subsection shall concentrate on means of reducing or avoiding
the dangers caused by this occurrence or the consequences thereof.
(3) If the Disaster Committee on the basis of the studies or other
competent evidence is of the opinion that an area is susceptible to a
disaster of catastrophic proportions without adequate warning, that
existing building standards and land use controls in that area are
inadequate and could add substantially to the magnitude of the
disaster, and that changes in zoning regulations other land use
regulations, or building requirements are essential in order to further
the purposes of this Section, it shall make recommendations of the
essential changes to the Cabinet, and if the Cabinet upon review of
the recommendations finds that the changes are essential it shall
through the Nitijela take appropriate legislative action to mitigate the
impact of disaster.
(4) The Cabinet may, in addition to the action taken under Subsection (3)
of this Section, suspend the methods or standards found to be
inadequate to protect the public safety and by regulation place new
methods or standards in effect. The new methods or standards so
made shall remain in effect until rescinded by the Nitijela or revoked
or amended by the Cabinet. The methods or standards placed by the
Cabinet by regulation shall have the force of law and shall be given
effect by all relevant agencies of the Government of the Marshall
Islands. [P.L. 1987-20, §11.]
§1012. Public cooperation and compensation.
(1) Every person shall conduct himself and keep and manage his affairs
and property in ways that will reasonably assist and will not
unreasonably detract from the ability of the Government of the
Marshall Islands and the public to successfully meet disasters. This
shall include appropriate personal service and the use or restriction
on the use of property in time of disasters, but not in derogation of
the rights under the Constitution of the Marshall Islands and
recognized customary law.
(2) Compensation for services or for the taking or use of property shall
be made only to the extent that the obligations set out herein are
exceeded and only to the extent that the claimant may not have
deemed to volunteer his services or property without compensation.
(3) No personal services shall be compensated by the Government of the
Marshall Islands or any subdivision or agency thereof, except under
law or local law or ordinance.
(4) Compensation for property shall be paid only if the property was
commandeered or otherwise used in coping with a disaster and its
use or destruction was ordered by the Cabinet or the Disaster
Committee.
(5) Any person claiming compensation for the use, damage, loss or
destruction of property under this Chapter shall file a claim with the
Office of the Chief Secretary for action by the Attorney-General.
(6) Unless the amount of compensation on account of property damaged,
lost, or destroyed is agreed upon between the claimant and the
Attorney-General, the amount of compensation shall be calculated in
the same manner as compensation due for a taking of property under
the Land Acquisition Act (9 MIRC 2). [P.L. 1987-20, §12.]
