« PreviousContinue »
CHAPTER XIII-FEDERAL DISASTER
DEPARTMENT OF HOUSING
Part 2200 2201
Page Federal Disaster Assistance (Public Law 91-606).... 992 Reimbursement of other Federal agencies under Public Law 91-606
1010 Federal disaster assistance (Public Law 93-288)...... 1012
PART 2200_FEDERAL DISASTER
Subpart E-Disaster Flood Insurance ASSISTANCE (Public Law 91-606)
2200.38 Exclusions. Subpart A-General
2200.39 Applicability. Sec.
AUTHORITY: Sec. 7(a), 79 Stat. 670 (42 2200.1 Purpose.
U.S.C. 3535(d)); Pub. L. 91-606, 84 Stat. 2200.2 Definitions.
1744; E.O. 11749, Pub. L. 92-209, 85 Stat. 2200.3 Policy.
742, 38 FR 17175, June 27, 1973.
SOURCE: 39 FR 6697, Feb. 22, 1974, unless Subpart B-Major Disasters
otherwise noted. 2200.4 Requests for Federal assistance. 2200.5 Processing the request of a Gover
Subpart A-General nor for a declaration of a “major disas
ter." 2200.6 Initiation of Federal assistance.
8 2200.1 Purpose. 2200.7 Federal-State Disaster Assistance The purpose of this part is to preAgreements.
scribe the standards and procedures to 2200.8 Project applications.
be followed in implementing those sec2200.9 Debris and wreckage clearance.
tions of Pub. L. 91-606 assigned to the 2200.10 Protective work. 2200.11 Repair and replacement of facili
Secretary by the Act or by Executive ties.
Order 11749, and delegated to the Ad2200.12 Emergency shelter.
ministrator at 38 FR 17869, July 5, 2200.13 Temporary housing.
1973. 2200.14 Lease and mortgage payments. 2200.15 Grants for removing timber from 8 2200.2 Definitions. privately owned lands.
As used in this part: 2200.16 Assistance to unemployed individuals.
(a) “Major disaster" means any hur2200.17 Federal assistance for projects
ricane, tornado, storm, flood, high under construction.
water, wind-driven water, tidal wave, 2200.18 Emergency support teams.
earthquake, drought, fire, or other ca2200.19 Use of local firms and individuals. tastrophe in any part of the United 2200.20 Relief agencies.
States, which in the determination of 2200.21 Duplication of benefits.
the President, is or threatens to be of 2200.22 Nondiscrimination.
sufficient severity and magnitude to 2200.23 Emergency communications.
warrant disaster assistance by the Fed2200.24 Emergency public transportation.
eral Government to supplement the 2200.25 Legal services.
efforts and available resources of 2200.26 State action. 2200.27 Assistance by Federal agencies.
States, local governments, and relief
organizations 2200.28 Surplus property.
in alleviating the 2200.29 The American National Red Cross, damage, loss, hardship, or suffering 2200.30 Private relief organizations.
caused thereby, and with respect to 2200.31 Minimum State and local expendi which the Governor of any State in tures.
which such catastrophe occurs or 2200.32 Time limits.
threatens to occur certifies the need 2200.33 Grants to local governments suf for Federal disaster assistance under
fering loss of property tax revenue. Pub. L. 91-606 and gives assurance of 2200.34 Retroactive provisions.
the expenditure of a reasonable
amount of the funds of such State, its Subpart C--Disaster Planning
local governments, or other agencies 2200.35 Grants for developing, improving, for alleviating the damage, loss, liard
maintaining, and updating State disaster ship or suffering resulting from such plans.
(b) “United States" means the 50 Subpart D-Reduction of Throat of Major
States, the District of Columbia, Disasters
Puerto Rico, the Virgin Islands, 2200.36 Predisaster assistance.
Guam, American Samoa, and the 2200.37 Fire suppression.
Trust Territory of the Pacific Islands;
(c) “State" means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Trust Territory of the Pacific Islands;
(d) “Governor” means the chief executive of any State;
(e) “Local government” means any county, city, village, town, district, or other political subdivision of any State, and includes any rural community or unincorporated town or village for which an application for assistance is made by a State or political subdivision thereof;
(f) “Federal agency” means any department, independent establishment, Government corporation, or other agency of the executive branch of the Federal Government, except the American National Red Cross;
(g) "Administrator" means the Administrator, Federal Disaster Assistance Administration, Department of Housing and Urban Development.
(h) "Public facility” includes any flood control, navigation, irrigation, reclamation, public power, sewage treatment and collection, water supply and distribution, watershed development, or airport facility, any non-Federal-aid street, road, or highway, and any other public building, structure, or system, other than one used exclusively for recreation purposes;
(i) “Regional Director" means a director of a regional office of the Federal Disaster Assistance Administration.
(j) “Federal Coordinating Officer” is the person appointed by the Adminisirator to operate under the Regional Director to coordinate Federal assistance in a major disaster;
(k) “State Coordinating Officer" is the person appointed by the Governor in the Federal-State Disaster Assistance Agreement as his authorized representative to act in cooperation with the Federal Coordinating Officer appointed under section 201 of the Act;
(1) “Contractor” is any individual, partnership, corporation, agency, or other entity, public or private (other than an organization engaged in the business of insurance) performing work for a State or local agency;
(m) “Damages" include suffering and hardship and physical destruction or deterioration;
(n) "Federal assistance" includes aid to disaster victims or State or local governments under provisions of the Act by Federal agencies;
(0) "Termination" as used in this part, means completion of eligible work to be accomplished and therefore the end of the need for Federal assistance;
(p) “Projects under construction" are those projects on which work has physically been initiated but not yet completed to the extent that the project has been accepted by the applicant;
(q) “Changed conditions" means changed physical conditions as differentiated from financial or administrative conditions;
(r) “Applicant” is the State or local government submitting a project application under the Act.
(s) “Medical care facility” includes, without limitation, any hospital, diagnostic or treatment center (outpatient facility), or rehabilitation facility as such terms are defined in section 645 of the Public Health Service Act, and any similar facility offering diagnosis or treatment of mental or physical injury or disease, including the administrative and support facilities essential to the operating of such medical care facilities although not contiguous thereto. As used throu put this regulation, the term “medical care facility" refers to a private, nonprofit facility, owned by a tax exempt organization.
(t) “Tax exempt organization" means an organization or entity which has applied for, and currently has in effect from the U.S. Internal Revenue Service, a ruling letter granting tax exemption under section 501(c), (d), or (e) of the Internal Revenue Code of 1954.
(u) "Disaster proofing" consists of those minimum alterations or modifications to damaged facilities which could be expected to prevent or substantially reduce future damages to the repaired or reconstructed facility; i.e., to make the facility disaster resistant. The cost of disaster proofing
(b) It is also the policy of FDAA to foster the development of State and local government organizations and plans for coping with major disasters, and to provide advice and guidance to Federal agencies and States and local governments on organization and preparedness in order to meet the effects of major disasters.
(c) It is further a policy of FDAA to insure that the individual disaster victims are apprised of Federal assistance available and to assist the individual victim in obtaining the Federal assistance to which he is entitled.
(d) It is the policy of the FDAA that where the cost of restoration of facilities is recoverable in whole or in part from insurance or any other source, reimbursement will be limited to eligible costs as determined by the Regional Director after deducting any insurance settlement or other recovery. In the event insurance recovery is contingent upon the amount of reimbursement under the Act, reimbursement will be limited to eligible costs after deducting the maximum amount otherwise recoverable under and to the limit of the policy as determined by the Regional Director. (39 FR 6697, Feb. 22, 1974, as amended at 39 FR 9651, Mar. 13, 1974)
Subpart B-Major Disasters
$ 2200.4 Requests for Federal assistance.
(a) Upon the occurrence or threat of a catastrophe within a State which, in the opinion of its Governor constitutes, or threatens, a major disaster requiring supplementary Federal assistance, the Governor may present to the Administrator, through the Regional Director, a request for Federal assistance. The request shall include the Governor's verification of the need for Federal assistance and his assurance of reasonable State and local government expenditures to prevent or alleviate damage from such disaster. In certain circumstances, the Governor may request a major disaster declaration for limited types of assistance. The request shall include the following:
(1) The Governor's certification as prescribed in § 2200.31.
measures is limited to a small percentage of otherwise eligible costs.
(v) “Secretary” means the Secretary of Housing and Urban Development.
(w) The following definitions apply to the Flood Disaster Protection Act of 1973:
(1) "Financial assistance" means any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal financial assistance, other than generul or special revenue sharing or formula grants made to States.
(2) "Financial assistance for acquisition or construction purposes" means any form of Federal financial assistance which is intended in whole or in part for the acquisition, construction, reconstruction, repair, or improvement of any publicly or privately owned building or mobile home, and for any machinery, equipment, fixtures, and furnishings contained or to be contained therein.
(3) “Building" means a walled and roofed structure, other than a gas or liquid storage tank, that is fully enclosed and affixed to a permanent site.
(4) “Community" means a State or political subdivision thereof which has zoning and building code jurisdiction over a particular area having special flood hazards. Unincorporated communities or private non-profit medical care facilities which may be otherwise eligible for Federal disaster assistance but do not fulfill the above definition must meet the flood insurance requirements of these regulations and must be sponsored by an applicant (community) which fulfills this definition in cases when the provision of the Flood Disaster Protection Act applies. (39 FR 6697, Feb. 22, 1974, as amended at 39 FR 9651, Mar. 13, 1974)
$ 2200.3 Policy.
(a) It is the policy of the Federal Disaster Assistance Administration to provide an orderly and continuing means of supplemental assistance by the Federal Government to States and local governments in carrying out their responsibilities to alleviate suffering, hardship and damage resulting from major disasters.