(d) By reference to this part, the following provisions shall be included in every Federal-State Agreement: During the performance of any contract enterd into under the Federal-State Agreement, the State shall require the contractor to agree as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, religion, sex, color, age, economic status, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this non-discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, sex, color, age, economic status, or national origin. (3) The contractor will send to each labor union, or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the contracting officer, advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the U.S. Equal Employment Opportunity Commission. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, as amended, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the U.S. Equal Employment Opportunity Commission for purposes of investigation to ascertain compliance with such rules, regulations and orders. (6) Contractor non-compliance with the non-discrimination clauses of this contract or with any of the said rules, regulations, or orders, may result in actions whereby the contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Such other sanctions may be imposed and remedial measures invoked as provided in the said executive order or by rule, regulations, or order of the U.S. Equal Employment Opportunity Commission or as otherwise provided by law. (7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the U.S. Equal Employment Opportunity Commission issued pursuant to section 303 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for non-compliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. § 2205.14 Insurance settlement or re covery. Prior to approval of a Federal grant for the restoration of property or involving supplies or equipment, the applicant shall notify the Regional Director of any entitlement to insurance settlement or recovery for such properties. The Regional Director shall reduce the grant by the actual amount of insurance proceeds received by the grantee. In the event insurance recovery is contingent upon the amount of reimbursement under the Act, reimbursement will be limited to eligible costs as determined by the Regional Director after deducting the maximum amount otherwise recoverable under and to the limit of the policy. § 2205.15 Duplication of benefits. (a) The Administrator, in consultation with the head of each Federal agency administering any program providing financial assistance to persons, business concern, or other entity will refering losses as the result of a major disaster, shall assure that no such person, buisness concern, or other entity will receive such Federal financial assistance with respect to any part of such loss for which he has received financial assistance under any other program. (b) The Administrator shall assure that no person, business concern, or other entity receives any Federal assistance for any part of a loss suffered as the result of a major disaster if such person, business concern, or entity received com pensation from insurance or any other source for that part of such a loss. Partial compensation for a loss or a part of a loss suffered as the result of a major disaster shall not preclude additional Federal assistance for any part of such a loss not compensated otherwise. (c) Whenever the Administrator determines (1) that a person, business concern, or other entity has received assistance under this Act for a loss and that such person, business concern or other entity received assistance for the same loss from another source, and (2) that the amount received from all sources exceeded the amount of the loss, he shall direct such person, business concern, or other entity to pay to the Treasury an amount, not to exceed the amount of Federal assistance received, sufficient to reimburse the Federal Government for that part of the assistance which he deems excessive. § 2205.16 Non-liability. The Federal Government shall not be liable for any claim based upon the exercise or performance of or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Federal Government in carrying out the provisions of the Act. § 2205.17 Financial management. All Federal funds made available to the States under these regulations shall be properly accounted for as Federal funds in the accounts of the States. In each case the State agency concerned shall render such authenticated reports to FDAA, covering the status and the application of the funds, the liabilities and obligations on hand, and such other facts as may be required by the Administrator or the Regional Director. § 2205.18 Criminal and civil penalties. (a) Any individual who fraudulently or willfully misstates any fact in connection with a request for assistance under this Act shall be fined not more than $10,000 or imprisoned for not more than one year or both for each violation. (b) Any individual who knowingly violates any order or regulation under this Act shall be subject to a civil penalty of not more than $5,000 for each violation. (c) Whoever knowingly misapplies the proceeds of a loan or other cash benefit obtained under any section of this Act shall be subject to a fine in an amount The Administrator and the Comptroller General of the United States or their duly authorized representatives shall have access to any books, documents, papers, and records that pertain to Federal funds, equipment and supplies received under these regulations for the purpose of audit and examination. § 2205.20 Reviews and reports. (a) The Administrator shall conduct annual reviews of the activities of Federal agencies and State and local governments providing disaster preparedness and assistance, in order to assure maximum coordination and effectiveness of such programs, and shall from time to time report thereon to the Congress. (b) In carrying out this provision, the Administrator or the Regional Director may direct Federal agencies to submit reports relating to their disaster preparedness and assistance activities. He may request similar reports from the States relating to these activities on the part of State and local governments. Additionally, the Administrator may conduct independent investigations, studies, and evaluations as he deems necessary to complete the annual reviews. § 2205.21 Appeals. (a) An appeal is a request from a State for reconsideration of a determination by the Regional Director on any action related to Federal assistance pursuant to the Act and these regulations. (b) An appeal shall be made in writing by the State with such additional information as is appropriate to support the request for reconsideration. All appeals shall be made within 30 days of receipt of the notice of determination by the Regional Director. (c) Upon receipt of an appeal, the Regional Director shall review the material submitted and make such additional investigation as he deems appropriate. Following his review and investigation, the Regional Director shall notify the State, in writing, of his decision to accept or deny the appeal. If his decision is to accept the appeal, the Regional Director shall take such additional action as is necessary to implement his decision including, but not limited to approval of project applications. (d) If the Regional Director denies the appeal, the State may submit an appeal to the Administrator. Such appeal shall be made in writing through the Regional Director, and shall be submitted not later than 30 days after receipt of notice of the Regional Director's denial of the appeal. Action by the Administrator is final. § 2205.22 Effective date. These regulations are effective for all major disasters declared on or after April 1, 1974, and for all emergency or fire suppression assistance made available on or after April 1, 1974; except that § 2205.48 which implements section 408 of the Act, is effective for all major disasters declared on or after April 20, 1973. (a) For major disasters declared on or after April 1, 1974 and prior to May 22, 1974: of the State and the affected local governments and that Federal assistance is necessary. (b) The Governor's request will furnish information describing State and local efforts and resources which have been or will be used to alleviate the emergency including that for which no Federal funding will be requested, and will define the particular type and specific extent of Federal aid required. § 2205.25 Processing of State requests. (a) The Regional Director shall acknowledge the Governor's request. Based on his investigation of the situation, which may include field assessments and consultations with appropriate State and Federal officials or other interested parties, the Regional Director shall promptly submit his report and recommendations to the Administrator. (b) The Administrator shall forward the Governor's request, together with his report and recommendations, to the Secretary. (c) The Secretary shall forward the Governor's request to the President, together with his recommendation regarding Presidential action thereon. § 2205.26 Initiation of Federal assist ance. Upon a determination by the President that an emergency exists which warrants Federal assistance, the Administrator shall immediately initiate action to provide Federal assistance under such determination and in accordance with applicable laws, and regulations and the Federal-State Agreement for Emergencies. The Regional Director may approve or undertake emergency work only as authorized under the determination by the President. § 2205.27 Federal-State agreements. (a) A Federal-State Agreement for Emergencies (Agreement) shall be executed by the Governor, acting for the State, and the Regional Director, acting for the Federal Government. The Agreement will contain the necessary terms and conditions consistent with the provisions of applicable laws, executive orders, and regulations, as the Administrator may require and will set forth the type and extent of Federal assistance. The emergency area in which assistance is authorized shall be determined by the Administrator based on the State's request. (b) It is intended that continuing agreements shall be executed between each State and the Federal Government as soon as possible. Where continuing agreements have been executed, an amendment to such agreement shall be executed by the Governor and the Regional Director for each emergency to specify the incidence period and to include any specifics peculiar to the current emergency. Subsequent amendments to such agreements for the same emergency may be executed by the Governor's Authorized Representative and the Regional Director. A new continuing agreement will be executed if there is a change in Governors or Regional Directors. (c) The type and extent of Federal assistance set forth in the Agreement, or supplement thereto, shall be the only assistance which is eligible for Federal reimbursement or funding under the Act. (d) In the event funds are to be transferred to a State for disaster relief purposes, the Agreement, by reference to this section shall contain, and the State and its political subdivisions will agree to, the following provisions: In the event that a State or local government violates any of the conditions imposed upon disaster relief assistance under law, this Agreement or applicable Federal regulations, the Administrator will notify the State that additional financial assistance for the purpose of the project in connection with which the violation occurred will be withheld until such violation has been corrected: Provided, however, That if the Administrator, after such notice to the State, is not satisfied with the corrective measures taken to comply with his notification, the Administrator will notify the State that further financial assistance will be withheld for the project for which it has been determined that a violation exists, or for all or any portion of financial assistance which has or is to be made available to the State or local governments for the purpose of disaster relief assistance under the provisions of this Agreement, applicable Federal regulations, and the Act. (e) By reference to this part, the following provision shall be included in the Agreement: No Member of or Delegate to Congress or resident commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise thereupon: Provided, however, That this provision shall not be construed to extend to any contract made with a corporation for its general benefit. § 2205.28 Emergency mass care. Emergency mass care, such as emergency medical care, emergency shelter, emergency provision of food, water and medicine, and other essential needs, may be furnished by the Red Cross or other voluntary organizations or by State or local government or by the Federal Government. If such services are furnished by government agencies, and are not reimbursable by such voluntary organizations or by insurance, an applicant or a Federal agency may be reimbursed for such eligible costs as may be approved by the Regional Director. § 2205.29 Emergency debris clearance. Emergency debris clearance is limited to the clearance of debris to save lives and protect property and public health and safety. This includes debris clearance from roads and facilities as necessary for the performance of emergency tasks and for restoration of essential public services. § 2205.30 Emergency protective meas ures. Eligible emergency protective measures include but are not limited to search and rescue, demolition of unsafe structures, warning of further risks and hazards, public information on health and safety measures, and other actions necessary to remove or to reduce immediate threats to public health and safety, or to public property, or to private property when in the public interest. § 2205.31 Emergency restorative work. Emergency repairs may be made to essential utilities and other essential facilities as necessary to provide for their continued operation. This includes but is not limited to: Emergency bridge work, emergency road detours, tie-ins to neighboring utilities, emergency building repairs, and rental of alternate space for restoration of essential community services. § 2205.32 Emergency communications. The Regional Director is authorized during or in anticipation of an emergency or major disaster to establish emergency communications and make them available to State and local government officials and other persons as he deems appropriate. Communications provided under this section are intended to supplement but not replace normal com munications that remain operable after a major disaster. Such emergency communications will be discontinued immediately when the essential emergency communications needs of the community have been met. § 2205.33 Time limitations. (a) Project applications shall be submitted within 30 days, or a lesser period if so prescribed by the Regional Director, following the declaration of an emergency by the Administrator. When warranted, the Regional Director may, if the State so requests, extend this time limitation. (b) Federal Emergency Assistance provided under this Subpart B shall terminate no later than one month after the Administrator's determination that an emergency exists, except that: (1) Based on extenuating circumstances beyond the control of the applicant, the Regional Director, as he deems necessary, may extend the time limitation not to exceed an additional two months for such assistance. (2) Based on his determination that such action is warranted, the Administrator may extend the time limitation completion date beyond 3 months when requested by the State. Subpart C-Fire Suppression When the Administrator determines that a fire or fires threaten such destruction as would constitute a major disaster, he may authorize assistance, including grants, equipment, supplies, and personnel to any State for the suppression of any fire on publicly or privately owned forest or grassland. § 2205.35 Federal-State agreements. Federal assistance under section 417 of the Act will be in accordance with a Federal-State Agreement for Fire Suppression (Agreement), signed when possible in advance of the fire season by the Governor and the Regional Director. The Governor may designate authorized representatives to execute requests and certifications and otherwise act for the State during fire emergencies. Supplemental agreements shall be filed as necessary, but at least annually in order to keep the continuing agreement updated. § 2205.36 Requests for assistance. When a Governor determines that fire suppression assistance is warranted, his request for assistance should specify in detail the facts supporting such a request. In order that all actions in processing a State request are executed as rapidly as possible, the request may be submitted to the Regional Director by telephone, promptly followed by confirming telegram or letter. § 2205.37 Providing assistance. Following the Administrator's decision on the State request, the Regional Director will notify the Governor and the Federal firefighting agency involved. Requests for assistance from Federal agencies may be made by the Regional Director if requested by the State. For each fire or fire situation, a separate Fire Project Application will be prepared by the State and submitted to the Regional Director for approval. Payment will be made to the State for its actual eligible costs, subject to verification, as necessary, by Federal inspection and audit. When requested by the State, such payments may be made directly to other Federal agencies for eligible assistance provided by them. The following costs will not be considered eligible for reimbursement: Any clerical or overhead costs other than field administration and supervision; any costs of pre-suppression, including salvaging timber, restoring facilities, seeding and planting operations; and any costs not incurred during the incidence period as determined by the Regional Director other than directly related mobilization or demobilization costs. Subpart D-Major Disasters § 2205.39 Upon the occurrence of a catastrophe within a State which, in the opinion of its Governor, constitutes a major disaster requiring supplementary Federal assistance, the Governor may present to the Administrator, through the Regional Director, a request for Federal assistance. Based on such Governor's request, the President may declare that a major disaster exists. Federal assistance pursuant to such declaration may include emergency assistance pursuant to Subpart B of this part. Where the situation is not of sufficient severity and magnitude to warrant major disaster assistance under the Act, or where information upon which to base such a declaration is insufficient |