(Purpose)
Article 1. The purpose of this Law is, with respect to the expenses for rehabilitation works of public civil engineering facilities, to seek prompt rehabilitation of damage done by disasters by fixing the National Treasury's share taking into consideration the financial capacity of the local public bodies, and thus to secure the public welfare.
(Definition)
Article 2. The term "disasters" as used in this Law shall mean the disasters caused by storms, floods, flood-tides, earthquakes, or other extraordinary natural phenomena.
2 The term "disaster rehabilitation works" as used in this Law shall mean the works necessitated by disasters, aiming at the restoration to the original state of the facilities damaged by disasters (including installation of facilities to restore to the original effect of the facilities in case it is impossible to restore to the original state;hereinafter the same).
3 The works necessitated by disasters, aiming at the installation of substitute facilities in case it is extremely difficult or inadequate to restore the disaster-stricken facilities to their original state shall be regarded as disaster rehabilitation works in the application of this Law.
4 The term "standard tax revenue" as used in this Law shall mean the estimated sum of the local tax revenue computed by a local public body (except association of local public bodies;hereinafter the same in this Article and Article 4) by the method prescribed by the Local Finance Commission Regulations based on Article 15 paragraph 1 of the Local Finance Equalization Grant Law (Law No.211 of 1950) and at the standard tax rates referred to in paragraph 1 item (5) of the Local Tax Law (Law No.226 of 1950) on the ordinary taxes (except the extra-legal ordinary taxes) of the local public body concerned prescribed by the said Law (tax rates prescribed by the said Law in the case of the local taxes of which the standard tax rates are not fixed).
(National Treasury Share)
Article 3. With regard to the disaster rehabilitation works concerning the public civil engineering facilities prescribed by Cabinet Order among the facilities enumerated below under the maintenance and control, by laws and orders, of a local public body (including port authority based on the Port and Harbor Law (Law No.218 of 1950);hereinafter the same except Article 4) or its organ, the State shall bear a part of the work expenses, if the works are executed by the said local public body or the organ:
(3) Sand arrestation facilities;
(4) Waste prevention facilities for forest land;
(Rate of National Treasury Share)
Article 4. In the case where the State bears a part of the expenses of a local public body in accordance with the provision of the preceding Article, the share rate of the State of the said expenses for the disaster rehabilitation works shall be the rate of (A) the amount computed of the total amount of the disaster rehabilitation work expenses decided under the provision of Article 7 about the disasters which arose to the said local public body from January 1 to December 31 of the year, classified by the amounts prescribed in the items below and multiplied in order with each amount by each rate fixed in each item concerned to (B) the total amount of the said disaster rehabilitation work expenses. In this case, the rate shall be calculated down to three places of decimals, and as to four or more decimal places, fractions of 5 and over shall be reckoned as a unit and the rest cut away:
(1) Amount equivalent to the amount not exceeding half the standard tax revenue of the local public body concerned in the year concerned (meaning the fiscal year to which April 1 of the year in which the disasters arose belongs;hereinafter the same in this Article):two-thirds;
(2) Amount equivalent to the amount exceeding a half and not exceeding twice the standard tax revenue of the said local public body concerned in the fiscal year concerned:three-fourths;
(3) Amount equivalent to the amount exceeding twice the standard tax revenue of the local public body concerned in the fiscal year concerned:four-fourths.
2 The total amount referred to in the preceding paragraph shall include the work expenses (in case two or more local public bodies bear a part of the work expenses respectively, the amount of the work expenses for the works distributed proportionally to be borne by each body according to its share rate) of the disaster rehabilitation works executed by the State concerning the facilities enumerated in the items of the preceding Article (except the disaster rehabilitation works in Hokkaido of which the total amount of expenses is borne by the State) and the part to be borne by each local public body organizing the association or the port authority, of the work expenses executed by the association or the port authority of local public bodies;and shall not include the amount exceeding the amount which would be required if the disasterstricken facilities were to be rehabilitated to their original state (hereinafter referred to as "exceeding work expenses" ), of the work expenses of the disaster rehabilitation work prescribed in Article 2 paragraph 3
3 The share rate of the State of the work expenses in the case where the State bears a part of the expenses in accordance with the provision of the preceding Article with regard to the work expenses of the disaster rehabilitation works executed by the association or port authority of local public bodies shall be the sum of (A) the rates which the local public bodies organizing the said association or port authority stipulated in the Regulations of the association or the articles of incorporation of the port authority as to their respective shares of the disaster rehabilitation works, multiplied by (B) the share rates of the State to the respective local public bodies computed in accordance with the provision of paragraph 1.
4 With respect to the expenses for works in excess of the disaster rehabilitation work expenses prescribed in Article 2 paragraph 3, the State shall, notwithstanding the provision of paragraph 1, bear the expenses according to the improvement work of the respective facilities, following the examples of the case where the State bears a part of the expenses or grants the national subsidy in accordance with the provisions of other laws and orders or budget.
(Share Rate of Works under Direct Management)
Article 5. The share rate of the local public body concerned of the disaster rehabilitation work expenses executed by the State concerning the facilities enumerated in the items of Article 3 of which the local public body bears a part of the expenses shall, regardless of the provisions of other laws and orders, be calculated by deducting the rate to be borne by the State under the provision of the preceding Article, from the expenses for the disaster rehabilitation works executed by the local public body concerned or its organ necessitated by the disasters which arose in the same year with the disaster which caused to necessitate the said disaster rehabilitation work.
(Exclusion of Application)
Article 6. This Law shall not apply to the disaster rehabilitation works enumerated below:
(1) Of which the work expenses for the work of one place are less than\150,000;
(2) Of which the effect is extremely small as compared with the work expenses;
(3) Which are to be regarded as maintenance works;
(4) Which are necessitated by disasters deemed to have been caused plainly by the imperfect designing or careless work execution;
(5) Which are necessitated by disasters deemed to have been caused by extreme negligence of the duty of maintain or control;
(6) Which are necessitated by filing up of rivers, ports and harbors and fishing ports, excluding those which are deemed especially necessary for the conservation or public benefit;
(7) Which are necessitated by collapse of natural river banks and seashores, excluding those which are deemed especially necessary for the conservation or public benefit;
(8) Which are necessitated by disasters which arose during the execution of works other than disaster rehabilitation works;
(9) Which are concerned with small levees shorter than 1 meter in height, roads narrower than 2 meters in width, and other small facilities fixed by the competent Minister.
2 With respect to the case referred to in item (1) of the preceding paragraph, the work of one facility in which the disaster-stricken places are intermittent at intervals not exceeding 20 meters, the work or bridges, dike, check dam, or like facilities in which the disaster-stricken places are intermittent at intervals exceeding 20 meters, and the works of two or more of these facilities in which it is difficult or inadequate for the utility of the said facilities to separately execute the said works shall be regarded as the work of one place. However, the same shall not apply with regard to the works executed by two or more public bodies.
(Decision of Expenses for Disaster Rehabilitation Works)
Article 7. The expenses of disaster rehabilitation works which are partly borne by the State under the provision of Article 3 and the expenses of disaster rehabilitation works executed by the State as provided for in the provision of Article 5 shall be determined by the competent Minister in consideration of data submitted by local public bodies, the results of actual spot inspection and others.
(Method of Delivering the Money of National Treasury Share)
Article 8. When the expenses of the disaster rehabilitation works have been decided in accordance with the provisions of the preceding Article, the State shall deliver to the local public bodies concerned the share money, in each fiscal year in which the disaster rehabilitation works are executed, according to the rate of share of the State prescribed in the provisions of Article 4.
2 In the case mentioned in the preceding paragraph, the State may, even before the rate of share of the State under the provisions of Article 4 is decided, deliver the share money on a rough estimate, within the limit of budget, in amounts not less than two-thirds of the work expenses of the disaster rehabilitation works executed in the fiscal year concerned (except the part corresponding to the exceeding work expenses).
3 In case the State delivered the share money on a rough estimate in accordance with the provisions of the preceding paragraph, it shall, within the fiscal year concerned, deliver the balance against the share money corresponding to the work expense of the disaster rehabilitation works concerned which were executed during the fiscal year, when the rate of share under the provisions of Article 4 is decided. However, in case the budget amount of disbursement for the purpose of delivering the share money is not enough to cover the balance to be delivered, the deficit amount shall be delivered in the next fiscal year.
(Supervision of Disaster Rehabilitation Works)
Article 9. In order to make the local public bodies which obtain delivery of the share money from the State for disaster rehabilitation works under this Law execute the same disaster rehabilitation works properly the competent Minister may make necessary inspection, require reports and give necessary directions concerning the execution of the works.
2 The competent Minister may make the governor of To, Do, Fu or prefecture exercise the powers of the competent Minister prescribed in the preceding paragraph as may be provided for by Cabinet Order with respect to the cities (excluding the cities mentioned in Article 155 paragraph 2 of the Local Autonomy Law (Law No.67 of 1947);hereinafter the same) and the towns and villages (including the associations of cities, towns and villages, and the port authority managing the ports and harbors mentioned in Article 4 paragraph 4 item (3) of the Port and Harbor Law;hereinafter the same.) in the areas of To, Do, Fu or prefecture concerned.
(Settlement of Accounts for Expenses of Disaster Rehabilitation Works)
Article 10. In case the local public body which received delivery of the share money of the State has executed the disaster rehabilitation work involving the share, it shall, without delay, settle the accounts and obtain the recognition of completion from the competent Minister.
(Return of Share Money)
Article 11. In case the local public body which receives the delivery of the share money of the State has failed to execute the disaster rehabilitation works involving the share money or has used the share money in contravention of the object, the competent Minister may withhold delivery, out of the share money, of the amount for the part of the disaster rehabilitation work which has not been executed, or make it return it, or make it return the part of the share money which has been used in contravention of the object of delivery.
2 The local public body which has been ordered to return the share money in accordance with the provisions of the preceding paragraph shall, without delay, return to the State the amount which has been ordered to be returned.
3 The provisions of Article 9 paragraph 2 shall apply mutatis mutandis to the powers of the competent Minister prescribed in paragraph 1.
(Disposal of Surplus Fund)
Article 12. In case a surplus accrues in the work expenses of the disaster rehabilitation works for which the share money of the State was delivered, the local public body shall, without delay, return to the State the amount obtained by multiplying the surplus amount by the rate of share of the State prescribed in Article 4.
2 In the case mentioned in the preceding paragraph, the local public body may, as provided for by Cabinet Order, use the surplus funds concerned for the disaster rehabilitation works on which the approval of the competent Minister has been obtained.
(Expenses for Disaster Rehabilitation Works Executed by City, Town or Village)
Article 13. The business concerning the calculation, delivery and return of the amounts of the share money expenses for the disaster rehabilitation works granted by the State to cities, towns and villages, and concerning the recognition of completion of the disaster rehabilitation work shall, as provided for by Cabinet Order, be conducted by the governor of To, Do, Fu or prefecture.
2 The State shall, as provided for by Cabinet Order, deliver to To, Do, Fu or prefecture expenses necessary for the governor of To, Do, Fu or prefecture to conduct the business under the provisions of the preceding paragraph.
(Competent Minister)
Article 14. The competent Minister in this Law shall be the Minister competent for the facilities mentioned in each item of Article 3.
(Enforcement Provisions)
Article 15. Procedures for the enforcement of this Law and other matters necessary for the execution of this Law shall be provided for by Cabinet Order.