Pub. L. 109-347, tit. VI, sec. 607
ESSENTIAL SERVICES DISASTER ASSISTANCE.
SEC. 607. ESSENTIAL SERVICES DISASTER ASSISTANCE. Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end the following:“SEC. 425. ESSENTIAL SERVICE PROVIDERS.“(a) Definition.—In this section, the term ‘essential service provider’ means an entity that—“(1) provides—“(A) telecommunications service;“(B) electrical power;“(C) natural gas;“(D) water and sewer services; or120 STAT. 1942“(E) any other essential service, as determined by the President;“(2) is—“(A) a municipal entity;“(B) a nonprofit entity; or“(C) a private, for profit entity; and“(3) is contributing to efforts to respond to an emergency or major disaster.“(b) Authorization for Accessibility.—Unless exceptional circumstances apply, in an emergency or major disaster, the head of a Federal agency, to the greatest extent practicable, shall not—“(1) deny or impede access to the disaster site to an essential service provider whose access is necessary to restore and repair an essential service; or“(2) impede the restoration or repair of the services described in subsection (a)(1).“(c) Implementation.—In implementing this section, the head of a Federal agency shall follow all applicable Federal laws, regulations, and policies.” .