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(d) By reference to this part, the fol measures invoked as provided in the said

executive order or by rule, regulations, or lowing provisions shall be included in

order of the U.S. Equal Employment Opporevery Federal-State Agreement:

tunity Commission or as otherwise provided During the performance of any contract by law. enterd into under the Federal-State Agree (7) The contractor will include the provi. ment, the State shall require the contractor sions of paragraphs (1) through (7) in every to agree as follows:

subcontract or purchase order unless ex(1) The contractor will not discriminate empted by rules, regulations, or orders of the against any employee or applicant for em U.S. Equal Employment Opportunity Comployment because of race, religion, sex, color, mission issued pursuant to section 303 of age, economic status, or national origin, Executive Order 11246 of September 24, 1965, Such action shall include, but not be lim so that such provisions will be binding upon ited to, the following: Employment, up each subcontractor or vendor. The contractor grading; demotion or transfer; recruitment will take such action with respect to any or recruitment advertising; layoff or termi subcontract or purchase order as the connation; rates of pay or other forms of com tracting agency may direct as a means of pensation; and selection for training, includ enforcing such provisions, including sancing apprenticeship. The contractor agrees to tions for non-compliance: Provided, however, post in conspicuous places, available to em That in the event the contractor becomes inployees and applicants for employment, volved in, or is threatened with, litigation notices to be provided by the contracting with a subcontractor or vendor as a result officer setting forth the provisions of this of such direction by the contracting agency, non-discrimination clause.

the contractor may request the United States (2) The contractor will, in all solicitations to enter into such litigation to protect the or advertisements for employees placed by interests of the United States. or on behalf of the contractor, state that all

$ 2205.14 Insurance settlement or qualified applicants will receive consideration for employment without regard to race,

covery. religion, sex, color, age, economic status, or Prior to approval of a Federal grant national origin.

for the restoration of property or involv(3) The contractor will send to each labor

ing supplies or equipment, the applicant union, or representative of workers with which he has a collective bargaining agree

shall notify the Regional Director of any ment or other contract or understanding, a

entitlement to insurance settlement or notice, to be provided by the contracting recovery for such properties. The Reofficer, advising the said labor union or gional Director shall reduce the grant by workers' representative of the contractor's the actual amount of insurance proceeds commitments under this section, and shall

received by the grantee. In the event inpost copies of the notice in conspicuous

surance recovery is contingent upon the places available to employees and applicants for employment.

amount of reimbursement under the Act, (4) The contractor will comply with all

reimbursement will be limited to eligible provisions of Executive Order No. 11246 of

costs as determined by the Regional September 24, 1965, and of the rules, regu Director after deducting the maximum lations, and relevant orders of the U.S. Equal amount otherwise recoverable under and Employment Opportunity Commission. to the limit of the policy.

(5) The contractor will furnish all information and reports required by Executive

8 2205.15 Duplication of benefits. Order 11246 of September 24, 1965, as

(a) The Administrator, in consultaamended, and by the rules, regulations, and

tion with the head of each Federal orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,

agency administering any program prorecords, and accounts by the contracting

viding financial assistance to persons, agency and the U.S. Equal Employment business concern, or other entity will reOpportunity Commission for purposes of in fering losses as the result of a major disvestigation to ascertain compliance with aster, shall assure that no such person, such rules, regulations and orders.

buisness concern, or other entity will re(6) Contractor non-compliance with the

ceive such Federal financial assistance non-discrimination clauses of this co ract

with respect to any part of such loss for or with any of the said rules, regulations, or

which he has received financial assistorders, may result in actions whereby the

ance under any other program. contract may be cancelled, terminated, or

(b) The Administrator shall assure suspended in whole or in part and the contractor may be declared ineligible for further

that no person, business concern, or other Government contracts in accordance with

entity receives any Federal assistance for procedures authorized in Executive Order any part of a loss suffered as the result 11246 of September 24, 1965. Such other of a major disaster if such person, busisanctions may be imposed and remedial ness concern, or entity received com

pensation from insurance or any other equal to one and one-half times the origsource for that part of such a loss. Par inal principal amount of the loan or cash tial compensation for a loss or a part of benefit. a loss suffered as the result of a major

$ 2205.19 Federal audits. disaster shall not preclude additional Federal assistance for any part of such The Administrator and the Compa loss not compensated otherwise.

troller General of the United States or (c) Whenever the Administrator de their duly authorized representatives termines (1) that a person, business con shall have access to any books, docucern, or other entity has received assist ments, papers, and records that pertain ance under this Act for a loss and that to Federal funds, equipment and supplies such person, business concern or other received under these regulations for the entity received assistance for the same purpose of audit and examination. loss from another source, and (2) that

§ 2205.20 Reviews and reports. the amount received from all sources exceeded the amount of the loss, he shall

(a) The Administrator shall conduct direct such person, business concern, or

annual reviews of the activities of Fedother entity to pay to the Treasury an

eral agencies and State and local govamount, not to exceed the amount of

ernments providing disaster preparedFederal assistance received, sufficient to

ness and assistance, in order to assure reimburse the Federal Government for

maximum coordination and effectiveness that part of the assistance which he

of such programs, and shall from time deems excessive.

to time report thereon to the Congress.

(b) In carrying out this provision, the $ 2205.16 Non-liability.

Administrator or the Regional Director The Federal Government shall not be may direct Federal agencies to submit reliable for any claim based upon the ex ports relating to their disaster preparedercise or performance of or the failure ness and assistance activities. He may to exercise or perform a discretionary request similar reports from the States function or duty on the part of a Federal relating to these activities on the part agency or an employee of the Federal of State and local governments. AddiGovernment in carrying out the provi tionally, the Administrator may conduct sions of the Act.

independent investigations, studies, and

evaluations as he deems necessary to $ 2205.17 Financial management.

complete the annual reviews. All Federal funds made available to

§ 2205.21 Appeals. the States under these regulations shall be properly accounted for as Federal (a) An appeal is a request from a funds in the accounts of the States. In State for reconsideration of a determieach case the State agency concerned

nation by the Regional Director on any shall render such authenticated reports

action related to Federal assistance purto FDAA, covering the status and the suant to the Act and these regulations. application of the funds, the liabilities (b) An appeal shall be made in writand obligations on hand, and such other ing by the State with such additional infacts as may be required by the Admin

formation as is appropriate to support istrator or the Regional Director.

the request for reconsideration. All ap

peals shall be made within 30 days of re8 2205.18 Criminal and civil penalties.

ceipt of the notice of determination by (a) Any individual who fraudulently the Regional Director. or willfully misstates any fact in con (c) Upon receipt of an appeal, the Renection with a request for assistance un gional Director shall review the material der this Act shall be fined not more than submitted and make such additional in$10,000 or imprisoned for not more than vestigation as he deems appropriate. Folone year or both for each violat n. lowing his review and investigation, the

(b) Any individual who knowingly vio Regional Director shall notify the State, lates any order or regulation under this in writing, of his decision to accept or Act shall be subject to a civil penalty of deny the appeal. If his decision is to acnot more than $5,000 for each violation. cept the appeal, the Regional Director

(c) Whoever knowingly misapplies the shall take such additional action as is proceeds of a loan or other cash benefit necessary to implement his decision inobtained under any section of this Act cluding, but not limited to approval of shall be subject to a fine in an amount 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. 8 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:

(1) Project applications Federally funded and approved or other Federal financial assistance obligations incurred under Pub. L. 91-606 may be amended to include the benefits of retroactive implementation of the Act.

(2) No applicant shall be required to surrender any benefits of Pub. L. 91-606.

(b) For major disasters declared prior to April 1, 1974:

(1) All actions taken or to be taken shall be in accordance with Part 2200 (Federal Disaster Assistance) of Title 24, CFR.

Subpart B-Emergencies $ 2205.23 General.

Upon the occurrence of a catastrophe within a State which, in the opinion of the Governor constitutes an emergency of such severity and magnitude as to require 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 determine that an emergency exists which warrants Federal assistance. $ 2205.24 Requests for emergency as

sistance. (a) The request for emergency assistance shall be made by the Governor of the affected State to the Administrator, through the Regional Director. Such Governor's request shall be based upon a finding that the situation is of such severity and magnitude that effective response is beyond the capabilities

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.

ures.

(b) It is intended that continuing § 2205.28 Emergency mass care. agreements shall be executed between

Emergency mass care, such as emereach State and the Federal Government

gency medical care, emergency shelter, as soon as possible. Where continuing

emergency provision of food, water and agreements have been executed, an

medicine, and other essential needs, may amendment to such agreement shall be

be furnished by the Red Cross or other executed by the Governor and the Re

voluntary organizations or by State gional Director for each emergency to

local government or by the Federal Govspecify the incidence period and to in

ernment. If such services are furnished clude any specifics peculiar to the cur

by government agencies, and are not rerent emergency. Subsequent amend

imbursable by such voluntary organizaments to such agreements for the same

tions or by insurance, an applicant or emergency may be executed by the Gov

a Federal agency may be reimbursed for ernor's Authorized Representative and

such eligible costs as may be approved the Regional Director. A new continuing

by the Regional Director. agreement will be executed if there is a change in Governors or Regional § 2205.29 Emergency debris clearance. Directors.

Emergency debris clearance is limited (c) The type and extent of Federal to the clearance of debris to save lives assistance set forth in the Agreement, and protect property and public health or supplement thereto, shall be the only and safety. This includes debris clearassistance which is eligible for Federal

ance from roads and facilities as necesreimbursement or funding under the

sary for the performance of emergency Act.

tasks and for restoration of essential (d) In the event funds are to be trans

public services. ferred to a State for disaster relief pur- $ 2205.30 Emergency protective measposes, the Agreement, by reference to this section shall contain, and the State Eligible emergency protective measand its political subdivisions will agree ures include but are not limited to to, the following provisions:

search and rescue, demolition of unsafe In the event that a State or local govern

structures, warning of further risks and ment violates any of the conditions imposed

hazards, public information on health upon disaster relief assistance under law,

and safety measures, and other actions this Agreement or applicable Federal regu- necessary to remove or to reduce imlations, the Administrator will notify the mediate threats to public health and State that additional financial assistance safety, or to public property, or to for the purpose of the project in connection private property when in the public inwith which the violation occurred will be

terest. withheld until such violation has been corrected: Provided, however, That if the Ad- $ 2205.31 Emergency restorative work. ministrator, after such notice to the State,

Emergency repairs may be made to is not satisfied with the corrective measures taken to comply with his notification, the

essential utilities and other essential Administrator will notify the State that fur

facilities as necessary to provide for ther financial assistance will be withheld for their continued operation. This includes the project for which it has been determined but is not limited to: Emergency bridge that a violation exists, or for all or any por- work, emergency road detours, tie-ins to tion of financial assistance which has or is to

neighboring utilities, emergency buildbe made available to the State or local gov

ing repairs, and rental of alternate space ernments for the purpose of disaster relief

for restoration of essential community assistance under the provisions of this Agreement, applicable Federal regulations, and

services. the Act.

$ 2205.32 Emergency communications. (e) By reference to this part, the fol- The Regional Director is authorized lowing provision shall be included in the during or in anticipation of an emerAgreement:

gency or major disaster to establish No Member of or Delegate to Congress or emergency communications and make resident commissioner, shall be admitted to them available to State and local governany share or part of this Agreement, or to

ment officials and other persons as he any benefit to arise thereupon: Provided, however, That this provision shall not be con

deems appropriate. Communications prostrued to extend to any contract made with

vided under this section are intended to & corporation for its general benefit.

supplement but not replace normal com

39-082-75 40

munications that remain operable after request for assistance should specify in a major disaster. Such emergency com detail the facts supporting such a remunications will be discontinued im quest. In order that all actions in procmediately when the essential emergency essing a State request are executed as communications needs of the community rapidly as possible, the request may be have been met.

submitted to the Regional Director by $ 2205.33 Time limitations.

telephone, promptly followed by confirm

ing telegram or letter. (a) Project applications shall be submitted within 30 days, or a lesser period

$ 2205.37 Providing assistance. if so prescribed by the Regional Director, Following the Administrator's decision following the declaration of an emer on the State request, the Regional Direcgency by the Administrator. When war tor will notify the Governor and the ranted, the Regional Director may, if Federal firefighting agency involved. Rethe State so requests, extend this time quests for assistance from Federal agenlimitation.

cies may be made by the Regional Di(b) Federal Emergency Assistance rector if requested by the State. For each provided under this Subpart B shall fire or fire situation, a separate Fire Projterminate no later than one month after ect Application will be prepared by the the Administrator's determination that State and submitted to the Regional an emergency exists, except that:

Director for approval. (1) Based on extenuating circumstances beyond the control of the appli

§ 2205.38 Reimbursement. cant, the Regional Director, as he deems Payment will be made to the State for necessary, may extend the time limita its actual eligible costs, subject to verifition not to exceed an additional two cation, as necessary, by Federal inspecmonths for such assistance.

tion and audit. When requested by the (2) Based on his determination that State, such payments may be made disuch action is warranted, the Adminis rectly to other Federal agencies for eligitrator may extend the time limitation ble assistance provided by them. The folcompletion date beyond 3 months when lowing costs will not be considered eligirequested by the State.

ble for reimbursement: Any clerical or

overhead costs other than field adminSubpart C— Fire Suppression

istration and supervision; any costs of $ 2205.34 General.

pre-suppression, including salvaging timWhen the Administrator determines

ber, restoring facilities, seeding and that a fire or fires threaten such destruc

planting operations; and any costs not tion as would constitute a major disaster,

incurred during the incidence period as he may authorize assistance, including

determined by the Regional Director grants, equipment, supplies, and person

other than directly related mobilization nel to any State for the suppression of

or demobilization costs. any fire on publicly or privately owned

Subpart D-Major Disasters forest or grassland.

$ 2205.39 General. $ 2205.35 Federal-State agreements.

Upon the occurrence of a catastrophe Federal assistance under section 417 of within a State which, in the opinion of the Act will be in accordance with a its Governor, constitutes a major disaster Federal-State Agreement for Fire Sup requiring supplementary Federal assistpression (Agreement), signed when pos ance, the Governor may present to the sible in advance of the fire season by

Administrator, through the Regional Dithe Governor and the Regional Director.

rector, a request for Federal assistance. The Governor may designate authorized

Based on such Governor's request, the representatives to execute requests and certifications and otherwise act for the

President may declare that a major dis

aster exists. Federal assistance pursuant State during fire emergencies. Supple

to such declaration may include emermental agreements shall be filed as nec

gency assistance pursuant to Subpart B essary, but at least annually in order to

of this part. Where the situation is not keep the continuing agreement updated.

of sufficient severity and magnitude to $ 2205.36 Requests for assistance.

warrant major disaster assistance under When a Governor determines that fire the Act, or where information upon which suppression assistance is warranted, his to base such a declaration is insufficient

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