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government functions within its jurisdiction in the major disaster area.

(1) "Governor" means the chief executive of any State.

(m) "Governor's Authorized Representative" means the person named by the Governor in the Federal-State Agreement to executive on behalf of the State all necessary documents for disaster assistance, including certification of applications for public assistance.

(n) "Local government" means (1) any county, city, village, town, district, or other political subdivision of any State, any Indian tribe or authorized tribal organization, or Alaska Native village or organization, and (2) includes any rural community or unincorporated town or village or any other public entity for which an application for assistance is made by a State or political subdivision thereof.

(o) "Major disaster" means any hurricane, tornado, storm, flood, high-water, 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, in the determination of the President, causes damage of sufficient severity and magnitude to warrant major disaster assistance under this Act, above and beyond emergency services by the Federal Government, to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.

(p) "Public facility" includes any publicly owned 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 including those used for educational or recreational purposes, or any park.

(q) "Regional Director" means a director of a regional office of the Federal Disaster Assistance Administration (FDAA).

(r) "Secretary" means the Secretary of Housing and Urban Development.

(s) "State" means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Canal Zone, or the Trust Territory of the Pacific Islands.

(t) "State Coordinating Officer (SCO)" means the person appointed by the Governor to act in cooperation with the Federal Coordinating Officer appointed under section 303 (a) of the Act.

(u) "State emergency plan," as used in section 301(b) of the Act, means that State plan which is designed specifically for State-level response to emergencies or major disasters, and which sets forth actions to be taken by the State and local governments including those for implementing Federal disaster assistance.

(v) "Temporary housing" means accommodations provided by the Federal Government to individuals or families made homeless by a major disaster as further defined in § 2205.45.

(w) "United States" means the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Canal Zone, and the Trust Territory of the Pacific Islands.

(x) "Voluntary organization" means any chartered or otherwise duly recognized tax exempt local, State, national organization or group which has provided or may provide services to the States, local governments, or individuals in a major disaster or emergency.

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(a) It is the policy of the Administrator to provide an orderly and continuing means of supplementary assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage that result from disasters by:

(1) Providing Federal assistance for public and private losses and needs sustained from disasters.

(2) Encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments.

(3) Achieving greater coordination and responsiveness of disaster preparedness and relief programs.

(4) Encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental

assistance.

(5) Encouraging hazard mitigation measures to reduce losses from disasters, including development of land-use and construction regulations.

(b) It is also the policy of the Administrator 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.

§ 2205.4 State emergency plans.

All responsibilities and actions as provided for in the Act and these regulations required of a State and its political subdivisions to prepare for and respond to disasters and to facilitate the delivery of Federal disaster assistance will be set forth in the State's emergency plan. § 2205.5 Coordinating Officers.

(a) Upon the declaration of a major disaster or an emergency the Administrator will appoint a Federal Coordinating Officer (FCO) who shall:

(1) Make an immediate appraisal of the types of relief aid most urgently needed;

(2) Establish such field offices as he deems necessary;

(3) Coordinate the administration of relief activities of other Federal agencies as well as those of the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other voluntary relief organizations which agree to operate under his advice or direction;

(4) Coordinate the administration of relief with State and local government officials;

(5) Undertake appropriate action to make certain that all of the Federal agencies are carrying out their appropriate disaster assistance roles under their own legislative authorities and operational policies.

(6) Take such other action, consistent with authority delegated to him by the Regional Director and with the provisions of the Act, as he may deem necessary to assist local citizens and public officials in promptly obtaining assistance to which they are entitled.

(b) The Governor shall be requested to appoint a State Coordinating Officer (SCO) in emergencies and major disasters for the purpose of coordinating

State and local disaster assistance efforts with those of the Federal Government. The SCO will be the principal point of contact for the FCO regarding coordination of State and local disaster relief activities, implementation of the State Emergency Plan, and State compliance with the Federal-State Agreement. The functions, responsibilities, and authorities of the SCO should be set forth in the State Emergency Plan. § 2205.6 Emergency support teams.

The Administrator or Regional Director shall form emergency support teams of Federal personnel to be deployed in an area affected by a major disaster or emergency. Such emergency support teams shall assist the Federal Coordinating Officer in carrying out his responsibilities pursuant to the Act and these regulations. Upon request of the Administrator, the head of any Federal department or agency is authorized to detail to temporary duty with the emergency support teams, on either a reimbursable or non-reimbursable basis as is determined necessary by the Administrator, such personnel within the administrative jurisdiction of the head of the Federal department or agency as the Administrator may need or believe to be useful for carrying out the functions of the emergency support teams. Each such detail shall be without loss of seniority, pay, or other employee status. § 2205.7 Project applications.

(a) Federal funding for work approved under the Act may be provided on the basis of project applications submitted by the State or local governments and approved by the State and the Regional Director or his authorized representative, pursuant to the FederalState Agreement (see §§ 2205.27 and 2205.44) and in accordance with this part. The approved project application will provide the basis of a request for an advance of funds and reimbursement for eligible expenditure.

(b) Project applications shall be submitted within the time limits prescribed by 2205.33 or § 2205.60 or as otherwise prescribed by the Administrator.

(c) The State shall assure that procurement of work and services under project applications hereunder comply with provisions of the Act, and with State or local statutes, regulations, and ordinances not in conflict with Federal procurement policies or procedures

covering procurement of such supplies and services by such State or the political subdivision thereof.

(d) The State shall assure that no contract entered into by an applicant under the Act or these regulations shall contain a provision which makes the payment for such work contingent upon reimbursement under this Act or these regulations.

(e) The Governor's Authorized Representative(s) shall review all project applications and shall recommend approval or disapproval. Every project application shall contain a certification by the Governor or the Governor's Authorized Representative and that (1) Federal funds requested will be, or have been, expended in accordance with applicable law and regulations, and (2) the project application meets all the requirements and conditions of the Federal-State Agreement and such other terms established by the Regional Director.

(f) In those cases where a State or local government elects to request a contribution for flexible funding in accordance with section 402(f) of the Act, the basic application shall include only debris clearance, emergency protective measures, and other emergency work and shall be handled as a request for a categorical grant. Replacement, reconstruction, permanent repair or restoration of public facilities, or other permanent work otherwise eligible for flexible funding will be covered by separate supplement or supplements to the basic project application.

(g) In those cases where the total estimated cost approved by the Regional Director for one applicant for emergency work, permanent repair and restoration clearance is less than $25,000, the basic application should include all eligible of damaged public facilities, and debris work and will be processed in accordance with § 2205.54(i). In any instance where the applicant submits a supplemental project application, the approval of additional Federal funding in excess of $25,000 by the Regional Director will result in the entire grant, including the previous flexible funding, reverting to a categorical grant, or to flexible funding for any assistance pursuant to section 402(f) of the Act.

(h) If a project application is approved by the Regional Director without change, signed copies thereof evidencing such approval shall be returned to the State.

(i) If disapproved, the project application shall be returned to the State with a statement of the reasons for such disapproval.

(j) If the approval is made subject to revisions, additional conditions, or partial disapproval, signed copies thereof evidencing such approval, together with a full explanation of the revisions or additional conditions, shall be returned to the State.

(k) A private organization or entity may request assistance for private nonprofit educational, utility emergency, medical, and custodial care facilities under setcion 402(b) of the Act. Such request must be made to the local government or the State, which shall submit the project application and shall be responsible for project administration including requests and accounting for advances of funds, presentation of the summary of documentation, and submission of vouchers for payment. In addition to the completed application documents, the following documents and assurances must be submitted with the project application:

(1) A copy of the Internal Revenue Service ruling letter which grants the organization or entity tax exemption under section 501(c), (d), or (e) of the Internal Revenue Code of 1954, as amended.

(2) A statement by the applicant which evaluates the need of the community or region for restoring the damaged or destroyed facilities.

(3) A statement by the applicant which shall identify applicable codes, specifications, and standards to which any proposed restorative work must conform when undertaken.

(4) When appropriate, the comments and recommendations of State or local government clearinghouses pursuant to the guidelines contained in OME Circular No. A-95.

(5) A copy of the following assurances by the interested private organization or entity:

(i) That it owns the facility and, in the case of real property, that it has or will have a title in fee simple or such other estate or interest in the site, including necessary easements and rights of way, sufficient to assure for a reasonable period of time undisturbed use and possession for the purpose of the construction and operation of the facility.

(ii) That the facility will continue to be operated in such a manner as to

maintain the tax exempt status granted under the Internal Revenue Code during the normal anticipated useful life of the restored facility or the useful life of the restorative work, whichever is lesser.

(iii) That it will maintain adequate and separate accounting and fiscal records which account for all funds provided from any source to pay the cost of the project, and permit audit of such records and accounts at any reasonable times; and that claims for Federal reimbursement do not duplicate funding provided from any other source.

(iv) That it will provide and maintain competent and adequate architectural or engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications; and (v) That adequate financial support I will be available for maintenance and operation when completed.

(vi) That insurance required by the Act and these regulations will be obtained and maintained.

§ 2205.8 Assistance by Federal Agencies.

(a) Upon the declaration of a major disaster or the determination of an emergency by the President, the Administrator or Regional Director may direct any Federal agency to provide assistance to State and local governments, by: (1) Utilizing or lending their equipment, supplies facilities, personnel, and other resources, other than the extension of credit under the authority of any Act; (2) by distributing medicine, food, and other consumable supplies; and (3) by rendering emergency assistance. Such assistance will be with or without compensation as deemed appropriate by the Administrator or Regional Director under the provisions of Federal reimbursement regulations, Part 2201 of this chapter.

(b) The Regional Director is authorized to coordinate all activities of Federal agencies in providing disaster assistance under the Act.

(c) The Regional Director is authorized to request that other Federal agencies shall provide any reports or information relative to disaster assistance which he deems necessary.

(d) Assistance to be furnished by any Federal agency under paragraph (a) of this section shall be subject to the criteria of eligibility provided by the Administrator under these regulations and other instructions as may be issued from

time to time by the Administrator or the Regional Director.

(e) Assistance under paragraph (a) of this section, when directed by the Administrator or Regional Director, shall not affect the authority of any Federal agency to provide disaster relief assistance independent of the Act: However, such disaster relief assistance by other Federal agencies is subject to the coordination of the Federal Coordinating Officer.

(f) In carrying out the purposes of the Act, any Federal agency is authorized to accept and utilize, with the consent of the State or local government, the services, personnel, materials and facilities of any State or local government, or of any agency, office or employee thereof: Provided, however, That such utilization shall not be considered to make such services, materials, or facilities Federal in nature or to make the State, local governments, or agencies thereof an arm or agency of the Federal Government.

(g) Direct assistance by Federal agencies in carrying out the provisions of section 402 of the Act may be authorized by the Regional Director only under unusual circumstances when State or local governments lack capability to perform or contract for the approved work. § 2205.9 Federal equipment and sup plies.

(a) In any major disaster or emergency the Regional Director may direct Federal agencies to utilize, donate, or lend their equipment and supplies to State and local governments for use and distribution by them for the purposes of the Act.

(b) The Regional Director may authorize donation or loan of equipment and supplies determined in accordance with applicable laws and regulations to be surplus to the needs and responsibilities of the Federal Government, to States and local governments for use or distribution by them for the purposes of the Act or these regulations. The donation of such surplus property shall be made upon the basis of a certification by the State that such property is usable and necessary for current disaster purposes. Such a donation of surplus property will be made in accordance with the procedures prescribed by the General Services Administration.

(c) In providing assistance pursuant to the Act, maximum utilization will be made of surplus Federal property.

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In making his determinations of eligibility of Federal grants based on project applications, or of direct Federal assistance, the Regional Director shall arrange for damage surveys by Federal inspectors, accompanied by a State inspector when required by the Regional Director, and by an authorized local representative. Federal inspectors will prepare damage survey reports, which provide recommendations to the Regional Director. The Regional Director shall require interim Federal or State inspections when warranted and a final Federal inspection for all categorical grants. Following his approval of Federal grants involving flexible funding, the Regional Director may require such Federal inspections as he deems necessary to assure compliance with the Act and these regulations.

§ 2205.11 Use of local firms and individuals.

In the expenditure of Federal funds for debris clearance, distribution of supplies, reconstruction, and other disaster assistance activities which may be carried out by contract with private organizations, firms, or individuals, preference shall be given, to the extent feasible and practicable, to those organizations, firms, and individuals who reside or do business primarily in the affected political subdivisions in which such activities are being performed.

§ 2205.12 Use and coordination of relief organizations.

(a) In providing relief and assistance under the Act, the Administrator or Regional Director may utilize, with their consent, the personnel and facilities of the American National Red Cross, The Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations, in the distribution of medicine, food, supplies, or other items, and in the restoration, rehabilitation, or reconstruction of community services and essential facilities, whenever the Administrator or Regional Director finds that such utilization is necessary.

(b) In any major disaster or emergency, the Regional Director may provide assistance by distributing or render

ing through the American National Red Cross, The Salvation Army, the Mennonite Disaster Service, and other relief and disaster assistance organizations, medicine, food, and other consumable supplies, or emergency services.

(c) The Administrator is authorized to enter into agreements with the American National Red Cross, The Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations under which the disaster relief activities of such organizations may be coordinated by the Federal Coordinating Officer whenever such organizations are engaged in providing relief during and after a major disaster or emergency. Any such agreement shall include provisions assuring that use of Federal facilities supplies and services will be in compliance with §§ 2205.13 (Non-Discrimination in Disaster Assistance) and 2205.15 (Duplication of Benefits) of these regulations and such other regulations as the Administrator may issue.

(d) Nothing contained herein shall be construed to limit or in any way affect the responsibilities of the American National Red Cross as stated in Pub. L. 58-4 approved January 5, 1905 (33 Stat. 599).

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(a) Federal financial assistance to the States or their political subdivisions is conditioned on full compliance, with Regulation 5, 32A CFR Part 98.

(b) All personnel carrying out Federal assistance functions at the site of a major disaster or emergency, including the distribution of supplies, the processing of applications, and other relief and assistance activities, shall perform their work in an equitable and impartial manner, without discrimination on the grounds of race, religion, sex, color, age, economic status, or national origin.

(c) As a condition of participation in the distribution of assistance or supplies under the Act or of receiving assistance under sections 402 or 404 of the Act, government bodies, and other organizations shall comply with regulations relating to nondiscrimination promulgated by the President or the Administrator, and such other regulations applicable to activities within an area affected by major disaster or emergency as the Administrator deems necessary for the effective coordination of relief efforts.

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