SEC. 9. Executive Order No. 10221 of March 2, 1951 (16 F.R. 2051), is hereby revoked: Provided, That the Housing and Home Finance Administrator is hereby authorized and directed to carry out and complete all activities, including reports thereon, provided for by that order in connection with any disaster determined, in accordance with the provisions of the Act and prior to the effective date of this order, to be a major disaster: And provided further, That the Housing and Home Finance Administrator shall prepare the annual and supplemental reports provided for by section 8 of the Act for the calendar year 1952 for the consideration of the President and transmitted by him to the Congress. SEC. 10. This order shall become effective January 16, 1953. HARRY S TRUMAN. THE WHITE HOUSE, January 16, 1953. ADMINISTRATION OF DISASTER RELIEF [22 Fed. Reg. 8799; 8801 (1957)] By virtue of the authority vested in me by the Act of September 30, 1950, entitled "An Act to authorize Federal assistance to States and local governments in major disasters, and for other purposes,' as amended (42 U.S.C. 1855-1855g), hereinafter referred to as the Act, it is hereby ordered as follows: SECTION 1. Any State in which a major disaster has occurred which can establish the need for Federal assistance and which shall give such assurance as may be required of expenditure of a reasonable amount of the funds of the government of such State, local governments therein, or other agencies, for the same or similar purpose with respect to such disaster shall be eligible to receive Federal assistance under this order. SEC. 2. The following procedures for qualifying for assistance under this order shall be observed upon the occurrence, or, insofar as applicable, upon the threat, of a major disaster within a State which, in the opinion of its Governor, constitutes or will eventuate in, respectively, a major disaster requiring supplementary Federal assistance: (a) The Governor shall present to the Director of the Office of Emergency Planning1 (hereinafter referred to as the Director 1), through the appropriate Regional Director of the Office of Emergency Planning,' any request for Federal assistance, which request 1 1 Executive Order 10773, effective July 1, 1958, 23 Fed. Reg. 5061, provided (a) that each reference in any prior Executive order to the Federal Civil Defense Administrator is amended to refer to the Director of the Office of Defense and Civilian Mobilization; (b) that each reference in any prior Executive order to the Federal Civil Defense Administration is amended to refer to the Office of Defense and Civilian Mobilization; and (c) that each reference in Executive Order 10737 of October 29, 1957, 22 Fed. Reg. 8799; 8801, to a Regional Administrator of the Federal Civil Defense Administration was amended to refer to a Regional Director of the Office of Defense and Civilian Mobilization. Executive Order 10782, effective August 26, 1958, 23 Fed. Reg. 6971, amended Executive Order 10773 by deleting the words "Defense and Civilian Mobilization" whenever used as part of the title of any official or the name of any agency or body and by inserting in lieu thereof the words "Civil and Defense Mobilization." Executive Order 11051 of September 27, 1962, 27 Fed. Reg. 9683, provided that each reference in Executive Order 10737, and other Executive orders, to the Office of Civil and Defense Mobilization or to the Director of the Office of Civil and Defense Mobilization is amended to refer to the Office of Emergency Planning and the Director of the Office of Emergency Planning, respectively. Executive Order 11051 also revoked Executive Order 10773 and Executive Order 10782, among other Executive orders. shall include assurance of expenditure of a reasonable amount of the funds of the State, local governments therein, or other agencies for alleviating damage resulting from such disaster, together with the following information: (1) An estimate of the severity and extent of damage resulting from the disasters and the total funds, personnel, equipment, and material or other resources required to alleviate such damage. As used in this order, the term "damage" comprehends suffering and hardship. (2) A statement of action taken or recommended to be taken by the State legislature or local legislative and governing authorities with regard to the disaster. (3) An estimate of State and local funds, personnel, equipment and material or other resources, available and to be made available, to alleviate such damage. (4) A statement of the extent and nature of Federal assistance needed, including an estimate of the minimum Federal funds, personnel, equipment, material or other resources needed to alleviate the damage. (b) Any Regional Director shall forward each request for Federal assistance received by him from a Governor in consonance with the provisions of this order, together with a report and the recommendations of the Regional Director thereon, to the Director of the Office of Emergency Planning. (c) The Director of the Office of Emergency Planning shall forward to the President each request of a Governor for assistance under this order, together with the Director's recommendation as to action by the President thereon. In arriving at his recommendation the Director shall consider (1) the severity and extent of the disaster, (2) the reasonableness of State and local efforts in relation to the severity of the disaster, the resources and funds available to State and local governments for the alleviation of damage resulting from the disaster, and the operational disaster plans of the State and local governments, (3) the extent and nature of Federal assistance requested, (4) the report and recommendation of the Regional Director, and (5) any other available information. (d) Upon consideration of any request of a Governor hereunder and of information and recommendations pertaining thereto, a determination will be made by the President as to whether or not the conditions constitute a major disaster within the meaning of the Act, and the Governor will be notified immediately of such determination. (e) If it is determined that a major disaster has occurred or threatens. (1) Federal assistance will be made available on the basis of an agreement, which shall be jointly executed by the Governor, acting for the State, and the Director, acting for the Federal Government. Such agreement shall contain the assurance of the State that a reasonable amount of the funds of the State, local governments or other agencies therein will be expended in alleviating damage caused by the disaster and such other terms and conditions, consistent with the provisions of the Act, as the Director may require. (2) If and as may be necessary, the President will allocate to the Director funds for use in connection with the specific major disaster. The funds so allocated to the Director may be utilized by him (i) upon a showing of need, for reallocation for use in aid of the State and local governments, and (ii) for reimbursement pursuant to the provisions of section 1 (c) of Executive Order No. 10427 of January 16, 1953, as added by this order. (f) Federal assistance heretofore or hereafter extended under the Act shall terminate upon notice by the Director to the Governor of the State in which a major disaster has occurred, or upon the expiration of one year from the date of notification to the Governor of the President's determination that a major disaster exists, whichever is first: Except, however, in unusual circumstances, the Director with the consent of the President, may extend this period: Provided, That upon a showing of need, the Director may extend such termination dates, for such purposes and such periods of time as he may determine to be necessary, with respect to disaster relief assistance solely for agricultural purposes. SEC. 3.1 SEC. 4. (a) The Director of the Office of Emergency Planning 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 Planning. (b) The Director of the Office of Emergency Planning 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. THE WHITE HOUSE, October 29, 1957. DWIGHT D. EISENHOWER. 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 occurring 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 1 Sec. 3 amended sec. 1 of Executive Order 10427, supra. 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. 74-196-67-41 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. LYNDON B. JOHNSON. THE WHITE HOUSE, August 10, 1966. |