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of developing a plan and program, may be provided on the basis of the following:

(1) A State desiring assistance under this section shall designate or create an agency which is qualified to plan, and administer or coordinate a program to combat and mitigate the effects of major disasters, and for relief and assistance to individuals, businesses, and local governments, suffering losses as a result of a major disaster.

(2) The Governor shall then submit a letter of application for assistance under this part to the Regional Director. Such application shall include the following:

(i) Estimated total cost.

(li) Contribution requested from the Federal Government.

(iii) Work schedule or timetable. (iv) Proposed staffing, including qualification standards for planning staff and work that will be contracted.

(v) Name of the State agency responsible under subparagraph (1) of this paragraph.

(3) Within 1 year following the date the Regional Director approves the application, the State agency shall submit a plan which will:

(i) Set forth a comprehensive and detailed State program for preparation against, and relief following, a major disaster including provisions for emergency and long-term assistance to individuals, businesses, and local governments suffering losses as a result of a major disaster showing the role of State and local governments in the coordination and execution of the program, including maintenance of effective liaison and cooperation with appropriate charitable organizations which provide food, shelter, and other disaster relief, and

(ii) Make provision for the appointment of a State Coordinating Officer to act in cooperation with the Federal Coordinating Officer required by section 201 of Pub. L. 91–606.

(b) A Federal contribution up to a maximum of $25,000 per annum for any one State in an amount not to exceed 50 percent of the cost for the purpose of improving, maintaining, and updating that State's disaster assistance plan, may be provided on the basis of an application similar to that required in paragraph (a) of this section.

(c) To be eligible for improving, maintaining, and updating under paragraph (a) (2) of this section a State disaster assistance plan must:

(1) Have been developed in accordance with the provisions of the Disaster Act of 1969 or 1970; or

(2) Be determined by the Administrator as sufficiently comprehensive and adequate to justify improving, maintaining and updating.

Subpart D-Reduction of Threat of Major Disasters

§ 2200.36

Predisaster assistance.

Upon the request of a Governor, through the Regional Director, the Administrator may direct the use of Federal departments, agencies, instrumentalities, and other resources of the Federal Government, to assist a State or any local government thereof and to use their available resources to avert or lessen the effects of a disaster which threatens to become a major disaster. The Governor's request shall specify the location and extent of the area that will be affected; the conditions existing which clearly indicate the imminent occurrence of a major disaster and the assistance required from the Federal Government. Normally such assistance will consist of mobilizing personnel, equipment and supplies at the scene of an imminent disaster and of providing advice and guidance to State and local authorities. This authority shall not be used in substitution for existing authorities of any other Federal agency or for the authority contained in section 205 of Pub. L. 91–606. § 2200.37 Fire suppression.

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Upon the request of a Governor or his authorized representative, if one named in the Federal-State Agreement, through the Regional Director, Administrator may provide funds to assist a State in the suppression of any fire on publicly or privately owned forest or grass lands which threatens such destruction as to constitute a major disaster. The Governor's request shall specify the location of the fire, the conditions existing which make the threat imminent, and the assistance required from the Federal Government.

Subpart E-Disaster Flood Insurance § 2200.38

Exclusions.

(a) The following categories of Federal disaster assistance authorized under the Disaster Relief Act of 1970, as amended, are excluded from the provisions of the Flood Disaster Protection Act of 1973:

(1) Federal financial assistance for emergency work essential for the protection and preservation of life and property eligible for Federal reimbursement under the Disaster Relief Act of 1970 or any subsequent Act of Congress which supersedes or modifies that Act. This exemption includes eligible emergency work under §§ 2200.9, 2200.10, 2200.11(a) (1), 2200.12, 2200.13, 2200.15, 2200.23, and 2200.24.

(2) Federal financial assistance for permanent work under §§ 2200.11(a) (2) and 2200.17 on any State-owned property that is covered by an adequate State policy of self-insurance approved by the Federal Insurance Administrator.

(3) Federal financial assistance under $$2200.33 (Community Disaster Grants), 2200.35 (Grants for Developing, Improving, Maintaining, and Updating State Disaster Plans), 2200.36 (Pre-disaster Assistance), and 2200.37 (Fire Suppression).

[39 FR 9651, Mar. 13, 1974]
§ 2200.39 Applicability.

(a) Federal financial assistance for permanent work on buildings in an area identified by the Federal Insurance Administrator as having special flood hazards unless exempted above, is subject to the full restrictions and limitations imposed by the Flood Disaster Protection Act of 1973 for all project applications approved for such buildings in accordance with the following:

(1) Effective March 2, 1974, if the Federal Insurance Administrator has identified the areas having special flood hazards in a community in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, any building and contents not covered by the required flood insurance is not eligible for Federal financial assistance.

(2) For all project applications approved after June 30, 1975, if the Federal Insurance Administrator has identified an area within a flood-prone community as an area having special flood hazards and the community is not participating in the flood insurance program under the National Flood Insurance Act of 1973, restorative work as the result of disaster damage to buildings in a special flood hazard area is ineligible for Federal financial assistance.

(3) In the case of subparagraph (1), or (2) of this paragraph, any building may become eligible for Federal financial

assistance, if the community concerned within six months after the date of the Federal Damage Survey Report qualifies for and enters the flood insurance program; obtains and maintains the necessary flood insurance policy for the required period, as determined by FDAA Regional Director; and provides FDAA with written evidence thereof, except that in those cases involving appeals to the Federal Insurance Administrator, the Regional Director may authorize an extension of time to the applicant for the purpose of meeting this flood insurance requirement. Flood insurance is required in connection with obtaining Federal disaster assistance grants 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, even if the community is not participating in the flood insurance program.

(b) Where permanent repair, replacement, or relocation is involved, floodproofing not required by locally applicable codes, specifications, and standards shall be accomplished at the owner's expense. In any instance where compliance with such locally applicable codes, specifications and standards may significantly increase the eligible Federal restorative costs, the Regional Director may determine that such Federal assistance shall be based on relocation.

(c) FDAA Regional Director or the Federal Coordinating Officer will work closely with the State Coordinating Officer, State and local governments and the Regional Office 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 § 2200.8. In addition, the FDAA Regional Director or the Federal Coordinating Officer will require compliance with the provisions in this part in issuing mission assignments for direct Federal assistance under §§ 2200.6 and 2200.27 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 FDAA Regional Director shall require proof of adequate

flood insurance covering proposed permanent restorative work eligible for reimbursement under the Disaster Relief Act of 1970, as amended.

(e) When an eligible applicant for permanent restorative work to buildings damaged by a disaster provides proof of flood insurance to obtain Federal funding, he makes a commitment to continue the flood insurance for the life of the eligible restorative work, as determined by FDAA Regional Director. For those buildings on which the owner is delinquent on flood insurance commitments, the Regional Director shall suspend any future Federal assistance to the eligible applicant (owner) until such delinquency is eliminated.

(f) When a State has been approved by the Federal Insurance Administrator as a self-insurer, the FDAA Regional Director shall determine the amount of self-insurance applicable to any building damaged by a major disaster and shall deduct such self-insurance coverage 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 selfinsurance, communities eligible for flood insurance under the regular or emergency programs, flood hazard boundaries, and flood risk zones. [39 FR 9651, Mar. 18, 1974]

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PART 2201-REIMBURSEMENT OF OTHER FEDERAL AGENCIES UNDER PUBLIC LAW 91-606

Sec.

2201.1 Purpose.

2201.2 Eligibility of certain expenditures for reimbursement.

2201.3 Expenditures not eligible for reimbursement.

2201.4 Procedures in obtaining or authorizing the services or resources of other Federal agencies. 2201.5 Procedures for requesting reimbursement.

AUTHORITY: Sec. 7(d), 79 Stat. 670; (42 U.S.C. 3535 (d)); Pub. L. 91-606, 84 Stat. 1744; Pub. L. 92-209, 85 Stat. 742; E.O. 11749.

SOURCE: 39 FR 6705, Feb. 22, 1974, unless otherwise noted.

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agency, for any of its authorized expenditures determined to be eligible for reimbursement.

§ 2201.2 Eligibility of certain expenditures for reimbursement.

Reimbursement to other Federal agencies for expenditures in providing disaster assistance, at the direction or request of the Federal Disaster Assistance Administration Administrator or Regional Director, may be approved by the FDAA Administrator for the following:

(a) Overtime, travel, and per diem of regular Federal agency civilian personnel diverted from their normal duties. In addition, regular salary, including employee benefits, may be approved only for employees detailed directly to and under the supervision of FDAA.

(b) Wages, travel, and per diem of temporary Federal personnel assigned to disaster work (in the major disaster area designated by the Administrator).

(c) Travel and per diem for Federal military personnel assigned to disaster work (in the major disaster area designated by the Administrator).

(d) Work, services, and materials contracted for by other Federal agencies for assistance performed on a specific disaster project.

(e) Materials, equipment, and supplies (including transportation, repair, and maintenance) from regular inventory stocks utilized or consumed.

(f) Work performed at the specific direction of the Administrator when a major disaster is imminent: Provided, That such work would be otherwise eligible upon declaration of a major disaster: And provided further, That such costs shall not include funds expended or supplies and materials including medical stockpiles delegated under E.O. 10958, August 14, 1961, used by Federal agencies performing disaster work under their own authority where funds therefor may be otherwise available or may be made available.

(g) Work performed at the request of the Administrator or Regional Director to investigate potential disaster situations: Provided, That work would be otherwise eligible if a major disaster were declared.

(h) Other direct costs that can be specifically identified with a directive or request from the Administrator or Regional Director.

(i) Such other costs or expenditures not otherwise provided herein, as the Ad

ministrator may approve, based upon the written justification submitted to the Administrator by the agency concerned, or as agreed to in writing between the Administrator and other Federal agencies.

§ 2201.3 Expenditures not eligible for

reimbursement.

(a) Administrative overhead costs. (b) Costs incurred while performing work under a Federal agency's own authority. § 2201.4 Procedures in obtaining or authorizing the services or resources of other Federal agencies.

(a) The Administrator, in determining the nature and extent of Federal assistance to be rendered to a State in alleviating the damages resulting from a major disaster, will take into consideration the type of assistance available from other Federal agencies. He, or the Regional Director, will direct or request other Federal agencies to provide such available assistance as he may determine necessary.

(b) All such directives or requests authorizing the performance of work and the expenditure of funds shall be in writing, or, if oral, shall be confirmed in writing, and contain a clause regarding funding.

§ 2201.5 Procedures for requesting re

imbursement.

(a) Requests for reimbursement of authorized expenditures should normally be submitted quarterly; except, however, final accounting for expenditures should be submitted within 90 days after completion of work for each specific disaster. Billings totaling less than $1,000 are not to be submitted more often than quarterly.

(b) Requests for reimbursement shall be in sufficient detail to identify and segregate: (1) Personal services, (2) travel, and (3) all other expenses. Supporting documentation shall include a breakdown of eligible personal services, list of contracts and an explanation of other costs. The reimbursement request shall cite the specific directive or request for assistance, issued by the Administrator or Regional Director, under which costs were incurred, the State and location in which the work was performed, and the disaster identification number. (c) All requests for reimbursement

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application or request for direct Federal assistance under the Act or on whose behalf the Governor's Authorized Representative takes such action.

(d) "Categorical grants" means contributions to State or local governments, which must be used for emergency assistance, debris removal, temporary housing, restoration of facilities damaged or destroyed by a major disaster, or other eligible work not flexibly funded, on a project-by-project basis, subject to State and Federal inspection and audit. Included are contributions made to such governments on behalf of eligible private non-profit organizations or entities.

(e) "Contractor" means any individual, partnership, corporation, agency, or other entity, public or private (other than an organization engaged in the business of insurance), performing work for the Federal Government or a State or local agency.

(f) "Emergency" means any hurricane, tornado, storm, flood, highwater, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe in any part of the United States which requires Federal emergency assistance to supplement State and local efforts to save lives and protect public health and safety or to avert or lessen the threat of a major disaster.

(g) "Emergency shelter" means a form of mass shelter provided for the communal care of individuals or families made homeless by a major disaster or an emergency.

(h) "Federal agency" means any department, independent establishment, Government corporation, or other agency of the executive branch of the Federal Government, including the United States Postal Service, but shall not include the American National Red Cross.

(i) "Federal assistance" means aid to disaster victims or State or local governments by Federal agencies under provisions of the Act.

(j) "Federal Coordinating Officer (FCO)" means the person appointed by the Administrator to coordinate Federal assistance in an emergency or a major disaster.

(k) "Flexible funding" means in-lieu contributions under section 402(f) or section 419 of the Act to local or State governments, which may be used at the discretion of the applicant to construct the public facilities it deems best for

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