(3) When State and local authorities will not take appropriate action, or

(4) Under the provisions of certain statutes, and

(5) Only when the Department of the Army has generally or specifically so ordered, except in cases of imminent necessity as provided under § 501.2.

(b) The Department of the Army has primary responsibility among the military services for rendering assistance to civil authorities in civil disturbances. The other military services have a collateral function for providing such assistance. In the absence of joint or mutual agreements, the Army is responsible for coordinating the functions of all the military services in this activity.

(c) Whenever the provision of military aid to civil authority in civil disturbances is required within the continental United States, the Chief of Staff, United States Army is responsible for coordinating the functions of all the military services in this activity and exercises direct operational control of forces actually conducting operations in the objective area. He will issue pertinent instructions direct to the designated field commander for inclusion in the field commander's employment plan. Interested headquarters will be kept informed. Employment plans and their supporting plans are subject to final approval of Chief of Staff, United States Army.

(d) Whenever the provision of military aid to civil authority in civil disturbances is required within the States of Alaska or Hawaii, the Commonwealth of Puerto Rico, or U.S. possessions, the commander of the unified command concerned controls and coordinates such aid.

(e) Within the Department of the Army, the Deputy Chief of Staff for Military Operations has Army staff responsibility for matters relating to intervention with Federal troops in civil disturbances. He will be kept fully and currently informed on all matters relating to such intervention, or the possibility thereof, through normal military channels and will advise the Deputy Chief of Staff for Logistics when national defense materials, premises, or utilities are involved.

[29 F.R. 4092, Mar. 28, 1964]

§ 502.1

DISASTER RELIEF

Purpose and applicability.

(a) Sections 502.1 to 502.6 prescribe policy guidance and responsibilities for Department of the Army agencies with respect to operations involving participation in natural disaster relief activities. Although §§ 502.1 to 502.6 pertain primarily to military assistance rendered in the event of a major disaster as defined in § 502.3(b), they also provide guidance in situations wherein military assistance is rendered in an imminent emergency or other threatened disaster prior to a declaration of a major disaster.

(b) The provisions of §§ 502.1 to 502.6 are applicable to the 48 contiguous States, the District of Columbia, Alaska, Hawaii, United States territories, and areas of associated sovereignty.

(c) The provisions of §§ 502.1 to 502.6 apply generally except as otherwise set forth in directives of the Chief of Engineers and pertinent to Civil Works Programs.

[27 F.R. 2175, Mar. 7, 1962]

The Director of the Office of Emergency Planning is delegated the authority conferred upon the President by sections 3 and 5(a) of the Act.

(b) Office of Emergency Planning. The Director, Office of Emergency Planning (OEP) has been designated by the President to coordinate the activities of Federal agencies to provide disaster relief assistance in major disasters, and will call upon any Federal agency to utilize its available personnel, equipment, supplies, and facilities in accordance with the authority contained in the Act.

(2) When the facilities of another Federal agency are deemed necessary, directives will be issued and arrangements made at the seat of Government with the head of the agency concerned. When such action is approved, agreement will be made between the local administrative head of the Federal agency concerned and the Area Director (OEP) outlining the limitations within which such agency will act, and prescribing that in those cases where reimbursement for supplies, equipment, or services are required, the monetary limitation must be within the funds allotted for that purpose. It is contemplated that any Federal agency called upon will furnish adequate supervision of its own effort and the only (OEP) inspection required will be of a coordinating nature.

(3) The Director (OEP) may delegate any authority or function delegated or assigned him by the provisions of Executive Order 10773, July 1, 1958, to any other officer or officers of OEP, or with

the consent of the head, to any other Federal agency.

*

(d) Armed Forces of the United States. * * *

(1) * *

(ii) Upon commitment of Army resources or the receipt of information that a disaster or imminent emergency exists which will probably require Army assistance, the Commanding General, United States Continental Army Command, will notify immediately the Deputy Chief of Staff for Military Operations, Department of the Army, Washington 25, D.C. It is essential that the maximum degree of coordinating effort, exchange of information, and a clear understanding of functional responsibilities be maintained between major commanders concerned and Area Directors of both OEP and the American Red Cross.

(2) Corps of Engineers. (i) Under Public Law 99, 84th Congress, the Corps of Engineers has statutory authority as a civil function for Federal efforts incident to flood fighting, flood rescue work, and the repair or restoration of flood control works. Assistance in flood fighting and rescue work is supplementary to State and local government or private agency efforts, and not in substitution therefor. In accordance with appropriate instructions issued by the Chief of Engineers, the ZI army commanders concerned will be furnished pertinent information on dangerous floods or other natural disasters foreseen or occurring, including activities by the Corps of Engineers. The closest cooperation, including timely exchange of useful information between District and Division Engineers, appropriate ZI army commanders, Commanding General, United States Continental Army Com

mand, Area Directors of the Office of Emergency Planning, American Red Cross, State and local governments, is necessary to mitigate the results of natural disasters. The emergency employment of Army resources in the relief of human suffering is the responsibility of the Commanding General, United States Continental Army Command. Preplanned, procedures for domestic emergencies, coordinated between Division and District Engineers of the Corps of Engineers and ZI army commanders, will include provisions covering flood emergencies. Field officers of the Corps of Engineers are authorized to request ZI Army Commanders to provide such resources as are required and available for use in flood fighting under direction of the Corps' Division and District Engineers.

(ii) Area Directors of the Office of Emergency Planning may request a Division Engineer of the Corps of Engineers to aid State and local government agencies by furnishing disaster assistance which is beyond statutory authority of the Corps of Engineers. In such event, the Division Engineer contacted will notify the ZI army commander concerned and obtain his concurrence before such assistance is furnished. above concurrence is not required when there has been a determination that actual emergency conditions no longer exist, and when the responsible ZI army commander has withdrawn military support in accordance with § 502.5 (e), or when responsibility has been yielded to the Army Chief of Engineers.

The

CODIFICATION: § 502.4 was amended as follows, 27 F.R. 2176, Mar. 7, 1962:

1. In paragraph (a) the last sentence was amended as set forth above.

2. In paragraph (b), the introductory text and subparagraphs (2) and (3) were amended.

3. In paragraph (d), subparagraphs (1) (ii) and (2) were amended.

(1) The overruling demands of humanity compel immediate action to prevent starvation, extreme suffering, and/or loss of life, in which event the Commanding General, United States Continental Army Command, with delegated authority and responsibilities in accordance with § 502.4(b) (3), will use personnel, supplies, and equipment under his control within his own discretion and will notify the Deputy Chief of Staff for Military Operations, Department of the Army, Washington 25, D.C., and the Director, OEP (giving the names of the OEP Area Director concerned), by the most expeditious communication means available; and [Subparagraph (1) amended, 27 F.R. 2176, Mar. 7, 1962]

*

(d) The Commanding General, United States Continental Army Command, and the ZI army commanders will effect the closest cooperation with the appropriate agencies concerned with disaster relief activities. The Commanding General, United States Continental Army Command, will establish liaison with Operational Headquarters, OEP, Executive Offices Building, 17th and Pennsylvania Avenue NW., Washington 25, D.C. The ZI army commanders; Commanding General, United States Army, Alaska; Commanding General, United States Army, Pacific; and the Commanding General, United States Army, Caribbean, will establish liaison with Area Directors of OEP whose region encompasses areas within the Army command concerned, in order to facilitate exchange of information and to provide for immediate operating arrangements, should the need arise at a later time. Personnel, equipment and supplies, located in ZI army areas, other than the affected ZI army area, will be utilized to assist in disaster relief activities when the need is great and where a deficiency exists after consideration of all resources, including local resources in the

(b) Major disasters. The Act of September 30, 1950 (Public Law 875, 81st Cong.), as amended, in no way precludes Department of the Army action, when required, in emergencies, pending determination by the President that a disaster is a major disaster under the terms of law. Department of the Army action to afford assistance subsequent to such finding will be in accordance with §§ 502.1 to 502.6. Upon Presidential Proclamation of a major disaster, Department of the Army assistance will be subject to coordination by OEP, acting on behalf of the President. In the event that requests from OEP would involve commitment of Army controlled resources required to perform assigned tactical or defense missions, or other resources which are not under the jurisdiction of the Commanding General, United States Continental Army Command, such requests will be sent by' the Commanding General, United States Continental Army Command to the Deputy Chief of Staff for Military Operations, Department of the Army, Washington 25, D.C., stating the need thereof and whether the necessary resources should be made available.

[Paragraph (b) amended, 27 F.R. 2176, Mar. 7, 1962]

RELIEF SHIPMENTS

§ 502.10 Rules and regulations governing parcel post shipments of individual relief packages to Japan, Korea, and the Ryukyus.

[Revoked, 27 F.R. 177, Jan. 6, 1962]