PROVIDING FOR THE ADMINISTRATION OF THE DISASTER RELIEF ACT OF 1969

EXECUTIVE ORDER 11495

[34 Fed. Reg. 18447]

By virtue of the authority vested in me by the Disaster Relief Act of 1969 (Public Law 91-79, approved October 1, 1969; hereinafter referred to as the Act) and section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows:

SECTION 1. The following-described authorities shall be exercised by the Director of the Office of Emergency Preparedness:

(1) The authority conferred upon the President by section 2 of the Act to allocate funds for the permanent repair and reconstruction of street, road, and highway facilities.

(2) The authority conferred upon the President by section 3 (d) of the Act to make grants to any State or political subdivision thereof, for the purpose of removing damaged timber from privately-owned lands when the Director determines it to be in the public interest.

(3) The authority conferred upon the President by subsections (a) and (b) of section 8 of the Act to provide assistance, including grants, to States in developing plans and programs for assisting individuals suffering loss as the result of a major disaster.

(4) The authority conferred upon the President by section 9 of the Act to appoint a Federal coordinating officer to operate in a major disaster area.

(5) The authority conferred upon the President by section 10 of the Act to provide temporary dwelling accommodations for displaced individuals and families.

(6) The authority conferred upon the President by section 12 of the Act to provide assistance to any individuals unemployed as a result of a major disaster.

(7) The authority conferred upon the President by section 13 of the Act to make grants and loans to States for suppression of fires.

(8) The authority conferred upon the President by section 14 of the Act to make grants to any State or political subdivision thereof for the purpose of removing debris from private property when the Director determines it to be in the public interest.

(9) The authority to prescribe such rules and regulations as the Director deems necessary and proper to perform the functions assigned by this section.

SEC. 2. The Secretary of Agriculture shall exercise the authority conferred upon the President by section 11 of the Act to determine the need and the duration of need for distributing food coupon allotments and surplus commodities as a result of a major disaster, and to distribute them under such terms and conditions as he may prescribe. SEC. 3. (a) The Director of the Office of Emergency Preparedness may carry out any authority or function delegated or assigned to him by the provisions of this order through any other officer of the Office of Emergency Preparedness.

(b) The Director of the Office of Emergency Preparedness may delegate or assign to the head of any agency of the executive branch of the Government, subject to the consent of the agency head concerned in each case, any authority or function delegated or assigned to the said Director by the provisions of this order. Any such head of agency may redelegate any authority or function so delegated or assigned to him by the Director to any officer or employee subordinate to such head of agency whose appointment is required to be made by and with the advice and consent of the Senate.

SEC. 4. (a) Federal assistance under section 1 of this order will be made available on the basis of a Federal-State agreement.

(b) Allocations of funds appropriated to the President to carry out the Act shall be authorized by the President.

RICHARD ΝΙΧΟΝ.

THE WHITE HOUSE,
November 18, 1969.

EVALUATION OF FLOOD HAZARD IN LOCATING FEDERALLY OWNED OR FINANCED BUILDINGS, ROADS, AND OTHER FACILITIES, AND IN DISPOSING OF FEDERAL LANDS AND PROPERTIES

[Executive Order 11296, 31 Fed. Reg. 10663]

Whereas uneconomic uses of the Nation's flood plains are occuring and potential flood losses are increasing despite substantial efforts to control floods; and

Whereas national and regional studies of areas and property subject to flooding indicate a further increase in flood damage potential and flood losses, even with continuing investment in flood protection structures; and

Whereas the Federal Government has extensive and continuing programs for the construction of buildings, roads, and other facilities and annually disposes of thousands of acres of Federal lands in flood hazard areas, all of which activities significantly influence patterns of commercial, residential, and industrial development; and

Whereas the availability of Federal loans and mortgage insurance and land use planning programs are determining factors in the utilization of lands:

Now, therefore, by virtue of the authority vested in me as President of the United States, it is hereby ordered as follows:

SECTION 1. The heads of the executive agencies shall provide leadership in encouraging a broad and unified effort to prevent uneconomic uses and development of the Nation's flood plains and, in particular, to lessen the risk of flood losses in connection with Federal lands and installations and federally financed or supported improvements. Specifically:

(1) All executive agencies directly responsible for the construction of Federal buildings, structures, roads, or other facilities shall evaluate flood hazards when planning the location of new facilities and, as far as practicable, shall preclude the uneconomic, hazardous, or unnecessary use of flood plains in connection with such facilities. With respect to existing Federally owned properties which have suffered flood damage or which may be subject thereto, the responsible agency head shall require conspicuous delineation of past and probable flood heights so as to assist in creating public awareness of and knowledge about flood hazards. Whenever practical and economically feasible, flood proofing measures shall be applied to existing facilities in order to reduce flood damage potential.

(2) All executive agencies responsible for the administration of Federal grant, loan, or mortgage insurance programs involving the construction of buildings, structures, roads, or other facilities shall evaluate flood hazards in connection with such facilities and, in order to minimize the exposure of facilities to potential flood damage and the need for future Federal expenditures for flood protection and flood disaster relief, shall, as far as practicable, preclude the uneconomic, hazardous, or unnecessary use of flood plains in such connection. (3) All executive agencies responsible for the disposal of Federal lands or properties shall evaluate flood hazards in connection with lands or properties proposed for disposal to non-Federal public instrumentalities or private interests and, as may be desirable in order to

minimize future Federal expenditures for flood protection and flood disaster relief and as far as practicable, shall attach appropriate restrictions with respect to uses of the lands or properties by the purchaser and his successors and may withhold such lands or properties from disposal. In carrying out this paragraph, each executive agency may make appropriate allowance for any estimated loss in sales price resulting from the incorporation of use restrictions in the disposal documents.

(4) All executive agencies responsible for programs which entail land use planning shall take flood hazards into account when evaluating plans and shall encourage land use appropriate to the degree of hazard involved.

SEC. 2. As may be permitted by law, the head of each executive agency shall issue appropriate rules and regulations to govern the carrying out of the provisions of Section 1 of this order by his agency. SEC. 3. Requests for flood hazard information may be addressed to the Secretary of the Army or, in the case of lands lying in the basin of the Tennessee River, to the Tennessee Valley Authority. The Secretary or the Tennessee Valley Authority shall provide such information as may be available, including requested guidance on flood proofing. The Department of Agriculture, Department of the Interior, Department of Commerce, Department of Housing and Urban Development, and Office of Emergency Planning, and any other executive agency which may have information and data relating to floods shall cooperate with the Secretary of the Army in providing such information and in developing procedures to process information requests.

SEC. 4. Any requests for appropriations for Federal construction of new buildings, structures, roads, or other facilities transmitted to the Bureau of the Budget by an executive agency shall be accompanied by a statement by the head of the agency on the findings of his agency's evaluation and consideration of flood hazards in the development of such requests.

SEC. 5. As used in this order, the term "executive agency" includes any department, establishment, corporation, or other organizational entity of the executive branch of the Government.

SEC. 6. The executive agencies shall proceed immediately to develop such procedures, regulations, and information as are provided for in, or may be necessary to carry out, the provisions of Sections 1, 2, and 3 of this order. In other respects this order shall take effect on January 1, 1967.

THE WHITE HOUSE,

August 10, 1966.

LYNDON B. JOHNSON.

$ 1711.1

DISASTER RELIEF REGULATIONS

OFFICE OF EMERGENCY PREPAREDNESS
[32 Fed. Reg. 7628]

PART 1711-FEDERAL DISASTER ASSISTANCE FOR PROJECTS UNDER

1711.7 Application of certain sections of Part 1710. 1711.8 Effective date.

AUTHORITY: The provisions of this Part 1711 issued under sec. 9, Public Law 89-769, 80 Stat. 1316; E.O. 11051, 27 F.R. 9683, 3 CFR, 1959-1963 Comp.

§ 1711.1 Purpose.

The purpose of this part is to prescribe the standards and procedures to be followed in providing Federal assistance to repair, restore, or reconstruct any project of a State, county, municipal, or other local government agency for flood control, navigation, irrigation, reclamation, public power, sewage treatment, water treatment, watershed development, or airport construction which was damaged or destroyed as a result of a major disaster, and for the resulting additional eligible costs incurred to complete any such facility, which was in the process of construction or was completed but not accepted by the public operating authority when damaged or destroyed as a result of such major disaster, under section 9 of Public Law 89-769.

§ 1711.2 Definitions.

Except as otherwise stated, the following terms shall have the following meanings when used in the regulations in this part:

(a) Act. Public Law 89-769 enacted November 6, 1966, entitled "Disaster Relief Act of 1966."

(b) Major disaster. A major disaster as determined by the President pursuant to Public Law 81-875 entitled "An Act to authorize Federal assistance to States and local governments in major disasters, and for other purposes", approved September 30, 1950, as amended (42 U.S.C. 1855-1855g).

(c) Applicant. A State, county, municipal or other local government

agency.

(d) Contractor. Any individual, partnership, corporation, agency, or other entity (other than an organization engaged in the business of insurance) performing work for an eligible applicant.