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the Regional Director. For those buildings on which the eligible applicant is delinquent on flood insurance commitments, the Regional Director shall suspend any future Federal financial assistance until such delinquency is eliminated.

(f) When a State has been approved by the Federal Insurance Administrator as a self-insurer, the Regional Director shall determine the amount of self-insurance applicable to any building damaged by a major disaster and shall deduct such self-insurance cover. age from the Federal grant for permanent restorative work.

(g) In administering this section, Regional Directors will utilize current information obtained from the Federal Insurance Administration to identify States having a satisfactory program of self-insurance, the communities eligible for flood insurance under the regular or emergency programs, flood hazard boundary maps and flood insurance rate maps.

Subpart F-Other Insurance

ance policy for the anticipated life of the restorative work or of the insured property, whichever is the lesser, es determined by the Regional Director; and provides FDAA with written evidence thereof.

(4) Flood insurance is required in connection with obtaining Federal financial assistance for permanent restorative work within an identified flood-hazard area, even if a flood had not occasioned the major disaster declaration. If the applicant replaces a building outside of the special flood hazard area, Federal financial assistance for eligible permanent restorative work will not be denied for failure to insure or failure of the community to participate in the flood insurance program.

(b) Where permanent repair, replacement, or relocation is involved, flood-proofing not required by locally applicable codes, specifications, and standards shall be accomplished at the owner's expense.

(c) The Regional Director will work closely with the State Coordinating Officer, State and local governments, and the field staff of the Federal Insurance Administration to ensure that the provisions of this part for special flood hazard areas are considered in the processing and approval of project applications under $ 2205.7. In addi. tion, the Regional Director will require compliance with the provisions in this part in issuing mission assignments for direct Federal assistance under 2205.8 whenever property subject to the provisions of the Flood Disaster Protection Act of 1973 is involved.

(d) For any State-owned building not covered by an approved State policy of self-insurance, the Regional Director shall require proof of adequate flood insurance covering proposed permanent restorative work eligible for reimbursement under the Act.

(e) When an eligible applicant for permanent restorative work to buildings damaged by a disaster provides proof of flood insurance to obtain Federal financial assistance he makes a commitment to continue the flood insurance for the useful life of the eligible restorative work, as determined by

$ 2205.65 General.

Provisions of this subpart do not apply to Flood Insurance under the Flood Disaster Protection Act of 1973. Pub. L. 93-234, which is covered under Subpart E of this part.

$ 2205.66 Definitions as used in this sub

part. (a) “Assistance" means any form of Federal grant under sections 402 or 419, to replace, restore, repair, reconstruct or construct any property as the result of a major disaster and which is not excluded pursuant to $ 2205.67.

(b) “Property" means any structure, vehicles, equipment, materials, or supplies.

$ 2205.67 Exclusions.

The following categories of Federal disaster assistance are excluded from the requirements to obtain and maintain such insurance as is required by section 314 of the Act, and this subpart:

(a) Emergency assistance provided under section 305 or 306, of the Act.

(b) Assistance otherwise eligible under section 402 or 419 of the Act for any State-owned property that is cov. ered by an adequate State policy of self-insurance approved by the Administrator.

(c) Assistance under section 402 or 419 of the Act for any property for which insurance is not reasonably available, adequate, and necessary, including but not limited to: Roads, streets, bridges, and other highway facilities, traffic controls, parking mcters, drainage channels and debris basins, dikes and levees, pumping stations, and utility distribution systems.

$ 2205.69 Type of insurance.

Assurances by the applicant under this subpart to obtain reasonably available, adequate, and necessary insurance shall be required only for the type or types of hazard included in the declaration of the major disaster in which the damages occurred. The Regional Director shall not require greater types and extent of insurance than are certified to him as reasonable by the appropriate State Insurance Commissioner responsible for regulation of such insurance.

$ 2205.70 Extent of insurance.

Prior to approval of assistance under section 402 or 419 of the Act to replace, restore, repair, reconstruct, or construct any property for which insurance is required under this subpart, the applicant shall provide assurances acceptable to the Regional Director that he will obtain and maintain reasonably available, adequate, and necessary insurance to protest against future loss to the property. Such insurance must protect against loss to the property and not solely to that portion which was damaged or destroyed by the major disaster.

8 2205.68 Applicability.

(a) The requirements of this subpart shall apply to all assistance pursuant to section 402 or 419 of the Act with respect to any major disaster declared by the President after May 22, 1974.

(b) No such assistance shall be approved unless the applicant has provided assurances, acceptable to the Regional Director, that any insurance required under these regulations will be obtained and maintained.

(c) Approval of otherwise eligible project applications may be deferred by the Regional Director for not to exceed six months to permit the applicant to provide such assurances referred to in paragraph (b) of this section. The Administrator, when he deems necessary, may extend the time for submission of such assurances by the applicant.

(d) No applicant for assistance under sections 402 and 419 of the Act shall receive such assistance for any property or part thereof for which he has previously received assistance under the Act unless insurance required under section 314 of the Act and these regulations has been obtained and maintained with respect to such property.

(e) Insurance requirements prescribed in this subpart shall apply equally to private non-profit facilities which receive assistance under section 402(b) of the Act. Private non-profit organizations shall submit necessary documentation and assurances pursuant to this subpart through the appropriate applicant.

8 2205.71 Duration of insurance coverage.

The applicant shall provide assurances that the required insurance coverage will be maintained for the antici. pated life of the restorative work or of the insured property, whichever is the lesser,

$ 2205.72 Assurances for categorical

grants. Where insurance is required, under this subpart the applicant shall submit evidence of applicable insurance coverage or other related assurances with his project application. The type and extent of such insurance coverage will be subject to approval by the Regional Director.

8 2205.73 Assurances for flexible funding.

When applying for assistance under the provisions of sections 402(f) and 419 of the Act, the applicant shall provide assurances acceptable to the Regional Director that it will obtain and maintain such insurance as required by section 314 of the Act and the regulation in this subpart. As part of such assurance the applicant shall agree to provide to the Regional Director a listing of insured property including location, description, extent and duration of insurance coverage, name and address of the insurer, and applicable insurance policy numbers. The Regional Director, after review of the listing and schedule required by $ 2205.54(h)(1)(iv) and other reviews as he deems necessary shall, if appropriate, require the applicant to obtain additional insurance pursuant to the Act and these regulations. (40 FR 23253, May 28, 1975; 40 FR 28609, July 8, 1975)


$ 2205.74 Self-insurance.

A State may elect to act as a self-insurer with respect to any or all of the facilities belonging to it. Such an election, if declared in writing at the time of accepting assistance under sections 402 or 419 of the Act or subsequently, and accompanied by a plan for seif-insurance which is satisfactory to the Administrator, shall be deemed compliance with subsection 314(a) of the Act. No such self-insurer shall receive assistance under such sections for any property or part thereof for which it has previously received assistance under the Act, to the extent that insurance for such property or part thereof would have been reasonably available.

(2) To mitigate potential disaster effects on persons and property through warning, evacuation, and emergency protective measures.

(3) To reduce the effects of hazards through effective land use and construction practices and by eliminating or lessening disaster-producing events. 8 2205.76 Definitions.

As used in this subpart.

(a) "Disaster preparedness plans” means those plans prepared by Federal, State, and local governments in advance of anticipated disasters for the purpose of assuring effective management and delivery of aid to disaster victims, and providing for disaster mitigation, warning, rehabilitation, and recovery.

(b) “Financial assistance" grants from the President's Disaster Relief Fund under authority of section 201 of the Act.

(c) “State disaster preparedness coordinator" means the person designated by the Governor or by State law as responsible for overall disaster preparedness program coordination or management.

(d) “Technical assistance" means provision of guidance through advice and consultations, workshops and conferences, studies and analyses, reports and instructional materials, and other services.

(e) “Vulnerability analysis” means a systematic investigation of potential disasters in terms of probability, frequency, magnitude, and location, in order to forecast their probable effects, in specific geographical areas, on the people, systems, facilities, resources, and institutions.

Subpart G-Disaster Preparedness


$ 2205.75 General.

(a) The purpose of this subpart is to prescribe the standards and procedures to be followed in implementing Pub. L. 93-288 Title II—Disaster Preparedness Assistance, section 201, Federal and State Disaster Preparedness Programs.

(b) The disaster preparedness program shall be carried out in accordance with the policies set forth in $ 2205.3 and the following priorities:

(1) To prepare for the efficient and expeditious provision of disaster relief.

8 2205.77 Federal Disaster Preparedness

Program. (a) The Administrator is authorized to establish a program of disaster preparedness that utilizes the services of all appropriate agencies and to provide overall management of that program by:

(1) Providing policy guidance to Federal agencies and conducting program reviews of Federal activities relating to disaster preparedness.

(2) Directing the preparation and review of Federal disaster preparedness plans.

(3) Determining goals and arranging for training of Federal and State personnel, and conducting exercises, cri. tiques, and evaluations to enhance disaster preparedness programs.

(4) Sponsoring and monitoring disaster-related research and the application of science and technology to Federal, State, and local disaster preparedness plans and programs.

(b) The Regional Director shall establish a regional program of disaster preparedness that is consistent with the overall national program and with the State programs within his region and shall manage that regional program by:

(1) Reviewing Federal agency, State, and local disaster preparedness and response activities and recommending improvements.

(2) Assisting the States in accordance with the Act and these regulations.

(3) Coordinating the disaster preparedness programs of Federal agencies within his region.

(4) Preparing plans and conducting training, exercises, critiques, and evaluations to enhance Federal agencies' preparedness for disaster assistance; arranging for and carrying out such activities in conjunction with the States to ensure coordinated Federal, State, and local response to disasters.

(1) The drafting of disaster related State legislation and executive authorities.

(2) Vulnerability analyses.

(3) Work plans and other documentation for disaster preparedness grants.

(4) State and local disaster preparedness programs and procedures.

(5) Staff training, workshops, and seminars.

(6) Disaster assistance exercises.
(7) Program evaluation.

(8) Public information and education programs.

(9) Application of technological information to the disaster preparedness program.

(c) The Regional Director shall also advise the States regarding complementary Federal programs that will enhance State and local disaster assistance and preparedness.

(d) Requests for Federal technical assistance under section 201(b) of the Act shall be made by the Governor or the State disaster preparedness coordinator to the Regional Director.

(1) The request for technical assistance shall indicate as specifically as possible the objectives, nature, and du. ration of the requested assistance; the recipient agency or organization within the State; the State official responsible for utilizing such assistance; the manner in which such assistance is to be utilized; and any other information needed for a full understanding of the need for such requested assistance.

(2) The State shall provide assurance that technical assistance does not duplicate any existing State capabili. ty, any State or local effort funded by the Federal Government, or any Federal assistance provided under other authority.

(e) Nothing in these regulations shall be construed to prevent the States from obtaining appropriate technical assistance from other sources, including other Federal agencies under such agencies' own statutory or delegated authorities. (40 FR 23253, May 28, 1975; 40 FR 28609, July 8, 1975)

$ 2205.78 Technical assistance.

(a) The Regional Director shall, upon request, provide technical assistance to the States, in accordance with the priorities specified in § 2205.75(b) of these regulations, for comprehensive plans and practicable programs for preparation against disasters, including hazard reduction, avoidance, and mitigation and for assistance to individuals, businesses, and State and local governments following such disasters.

(b) Particular emphasis shall be given to technical assistance in the following aspects of disaster preparedness:

$ 2205.79 Financial assistance.

(a) The Regional Director may provide the following financial assistance to the States, in accordance with the priorities specified in g 2205.75(b) of these regulations, upon written request by the Governor or his authorized representative:

(1) An initial development grant, not to exceed in the aggregate $250,000, for the development of plans, programs, and capabilities for disaster preparedness and prevention, provided that such grant is applied for by May 22, 1975.

(2) An annual improvement grant of up to $25,000 but not to exceed 50 percent of the cost of improving, maintaining, and updating State disaster assistance plans.

(b) Any financial assistance provided under Pub. L. 91-79 or Pub. L. 91-606 for these purposes shall not preclude assistance in the full amount authorized by Pub. L. 93-288 for further development of disaster preparedness plans, programs, and capabilities.

(c) Application for a development grant shall:

(1) Include a State work plan that sets forth a comprehensive and detailed program of work to develop adequate capability for preparation against and assistance following emergencies and major disasters, including provisions for assistance to individuals, businesses, and local governments.

(2) Indicate the designated State agency or agencies that will be involved in the development effort and the State disaster preparedness coordinator appointed by the Governor.

(3) Include provisions for appointment and training of appropriate staffs, formulation of necessary regulations and procedures, and conduct of required exercises to ensure that the plans, programs and capabilities to be developed can be implemented.

(4) Describe the relationship of the proposed work with other disaster-related plans, programs and capabilities under development.

(d) The following minimum requirements shall apply to financial assistance under section 201 of the Act in the development of the comprehensive

and detailed State disaster preparedness program:

(1) A “State emergency plan" for im. plementation as required by section 301(b) of the Act shall be developed.

(2) The State shall take into account the kinds of disasters to which it is most vulnerable and the particular requirements therefrom for disaster response and mitigation.

(3) State guidance and assistance shall be provided to local jurisdictions in the development of their disaster preparedness plans, programs, and capabilities.

(4) The State emergency plan shall incorporate appropriate policies and procedures pertaining to environmental clearance to assure State and local compliance with applicable Federal, State, and local laws and regulations.

(e) The development grant may apply to such preparedness programs and capabilities as:

(1) Planning for disaster response in general, for specific disaster contingencies in special locales, for local and area mutual emergency support under State sponsorship, and for disaster mitigation and hazard reduction.

(2) Revision, as necessary, of State legislation, implementing orders, regulations, and other authorities and assignments relevant to disaster preparedness and assistance.

(3) Disaster-related mutual aid compacts and agreements.

(4) Conduct of vulnerability analyses not otherwise available but necessary for the development of State and local disaster preparedness plans and programs.

(5) Design of disaster-related emergency systems.

(6) Training and exercises.

(7) Program reviews and postdisaster critiques.

(8) Public information and education programs.

(f) Federal funds provided to the State, or through the State to local government, under the provisions of section 201 of this Act may not be used to procure or repair equipment, materials, or facilities except that required for administration of the grant.

(g) The Regional Director may accept a letter from the Governor re

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