Page images

$ 2205.43 Initiation of Federal assist.

ance. Upon a declaration of a major disaster by the President, the Administrator shall immediately initiate action to provide Federal assistance in accordance with such declaration, applicable laws, regulations, and the Federal-State Agreement for Major Disasters. Disaster affected areas within the State will be determined by the Administrator. A disaster affected area designated by the Administrator includes all local governments within its boundaries. $ 2205.44 Federal-State agreements.

(a) Upon the declaration of a major disaster, a Federal-State Agreement for Major Disasters (Agreement) will be executed by the Governor, acting for the State; and the Regional Director, acting for the Federal Government. Such Agreement shall provide for the manner in which Federal assistance is to be made available and contain the assurance of the Governor 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. The Agreement will also contain such other terms and conditions consistent with the provisions of applicable laws, executive orders, and regulations as the Administrator may require.

(b) The Agreement will specify the assistance to be provided as a result of major disaster.

(c) 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.

(d) 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. $ 2205.45 Temporary housing assist

ance. (a) The President is authorized to provide, either by purchase or lease, temporary housing, including, but not limited to, unoccupied habitable dwellings, suitable rental housing, mobile homes or other readily fabricated dwellings for those who, as a result of a major disaster, require temporary housing.

(b) Temporary housing shall be limited to minimum accommodations necessary for adequate housing within a reasonable communting distance from former residence or place of employment. Each temporary housing occupant shall endeavor to place himself in permanent housing at the earliest possible time.

(c) Temporary housing accommodations made include, but are not limited to:

(1) Unoccupied, available housing owned by the United States.

(2) Unoccupied, available housing units, financed totally or in part with Federal funds, including public housing.

(3) Rental properties.

(4) Mobile homes, or other readily fabricated dwellings.

(5) Transient accommodations, when the nature or duration of the housing requirement does not justify more stable arrangements, as determined by the Regional Director.

(d) In lieu of providing other types of temporary housing listed in paragraph (c) of this section, expenditures may be made to repair or restore to a habitable condition owner-occupied private residential structures made uninhabitable by a major disaster, which are capable of being restored quickly to a habitable condition with minimal repairs. No assistance provided under this section may be used for major reconstruction or rehabilitation of damaged property.

(e) Utility use costs will be paid either by the State or local government or the owner or occupant of the temporay hous

ing, without charge to the United States. ists, rentals shall be established based Where utility services are not metered upon the fair market value of the accomseparately, such payment will be based on modations being furnished. Such rentals a monthly allowance equivalent to the shall be adjusted to take into considerapro-rata costs of utilities services.

tion the financial ability of the occupant. (f) A disaster victim is expected to (1) Pursuant to this section, tempoaccept the first adequate housing offered. rary housing assistance may be termiRefusal by the applicant to accept such nated on 30-day written notice after accommodations may result in his which 30 days the occupant may be liable forfeiture of eligibility for temporary for such additional charges as the Rehousing assistance.

gional Director may deem appropriate. (g) Any mobile home or readily fabri Termination of temporary housing ascated dwelling shall be placed on a site sistance to an occupant may be for reacomplete with utilities provided either sons including, but not limited to, the by the State or local government, or by following: the owner or occupant of the site who was (1) Adequate alternate housing is now displaced by the major disaster, without available. charge to the United States. The Admin (2) Failure on the part of the occuistrator may authorize installation of es pant to utilize or maintain the housing sential utilities at Federal expense and provided in the manner normally he may elect to provide other more eco expected of a tenant. nomical or accessible sites when he de (3) Failure on the part of the occutermines such action to be in the public

pant to pay rent, utilities, or other apinterest.

propriate charges or to reimburse the (h) Temporary housing shall not be Government for such charges as authormade available to those individuals or ized by the Regional Director in accordfamilies with insurance coverage which

ance with this section. provides the full cost of alternate living

(4) Determination that the tempoarrangements, except where, as deter

rary housing assistance was obtained mined by the Regional Director, adequate

either through misrepresentation or alternate housing is not readily available

fraud. or the receipt of insurance benefits is un

(m) Termination of temporary houscertain or inadequate to meet temporary

ing assistance may be in the form of: housing needs. Individuals or families

(1) Eviction from temporary housing. who qualify for and accept assistance

(2) Termination of financial assistunder this exception shall repay or pledge

ance. to the Government from any insurance

(3) Any appeals by the occupant from proceeds for temporary housing to which

a termination notice shall be processed they are entitled an amount equivalent

and resolved pursuant to the temporary to the fair market value of the housing


pre-termination procedure provided.

adopted by the Department of Housing (i) Temporary housing shall not be

and Urban Development for the purpose made available to any person or family

of providing due process safeguards to for use as a vacation or secondary resi

the tenants. dence.

(n) Any temporary housing acquired (j) Temporary housing will not be

by purchase may be sold directly to indiprovided when emergency shelter or

viduals and families who are occupants transient accommodations are sufficient

of temporary housing for their use as and when the nature or duration of the

permanent housing. Such sales shall be housing requirement does not justify

at prices that are fair and equitable, as more stable arrangements as determined

determined by the Regional Director. by the Regional Director.

(0) The Administrator may sell or (k) The period of eligibility for occu

otherwise make available temporary

housing units purchased pursuant to secpancy in temporary housing shall be

tion 404(a) of the Act directly to States, determined on the basis of need. Each

other governmental entities, or volunoccupant's eligibility for continued occu tary organizations. As a condition of such pancy shall be recertified no less fre transfer, the Administrator shall impose: quently than every 90 days. No rentals (1) A covenant to comply with the shall be established for the first 12 provisions of $ 2205.13 requiring nonmonths of occupancy. Thereafter, pro discrimination in the distribution and vided no adequate alternate housing ex occupancy of temporary housing.

(2) The requirement that any units other provisions of the Act, or from other provided under this section must be used means. The grant program authorized for the purpose of providing temporary by this section will be administered by housing for disaster victims in emergen the Governor of the affected State or his cies or major disasters.

designated representative. (3) The condition that any temporary (b) Definitions as used in this section. housing made available, under the pro (1) “Necessary expense" means the cost visions of this section, which is not of a service or material item required by utilized in accordance with the terms of an individual or family to reduce or overthe transfer, may be ordered returned come an adverse condition resulting from by the Administrator.

a major disaster, which if not alleviated & 2205.46 Mortgage and rental pay

by Federal assistance, will result in seri

ous need. ments.

(2) “Serious need" means extreme The Administrator is authorized to

hardship, injury or loss caused by a provide assistance on a temporary basis major disaster which may be alleviated in the form of mortgage or rental pay by assistance pursuant to this section. ments to or on behalf of individuals and

(3) "Family" means a social unit comfamilies who, as a result of financial

prised of husband and wife and dependhardship caused by a major disaster, ents, if any, or a head of a household, have received written notice of dispos as these terms are defined in the Internal session or eviction from a primary Revenue Code of 1954. residence by reason of foreclosure of any (4) "Individual" means a person who mortgage or lien, cancellation of any is not a member of a family, as defined contract of sale, or termination of any

in subparagraph (3) of this paragraph. lease, entered into prior to the disaster. (c) National eligibility criteria. (1) Such assistance shall be provided for a Grants provided by States under this period of not to exceed one year or for section will be made where necessary to the duration of the period of financial alleviate a disaster related necessary exhardship, whichever is the lesser.

pense or serious need. § 2205.47 Disaster unemployment assist

(2) In order to qualify for grant assist

ance, an individual or family must cerThe Secretary of Labor, consistent

tify that application has been made

through other available governmental with the delegation of authority to him

programs for assistance to meet a disby the Secretary dated

will (a)

aster related necessary expense or serious provide assistance to individuals un

need and that he or they have been deemployed as a result of a major disaster,

termined not to be qualified for such and (b) provide reemployment assist

assistance, or, for demonstrated reasons, ance services under section 407 of the Act and under other laws administered by

any assistance received has not satisfied

such disaster related necessary expense the Department of Labor to individuals

or serious need. who are unemployed as a result of a

(3) Notwithstanding the provisions of major disaster and (c) issue such rules and regulations as may be necessary

paragraph (c) (2) of this section, an in

dividual or family may apply for a grant and appropriate. Such regulations will

under this section when the disaster rebe issued in 20 CFR Ch. V, Part 625 (34 FR 19656, December 13, 1969), as

lated necessary expense or serious need amended.

is of such urgency and immediacy that

delay resulting from normal processing $ 2205.48 Individual and family grants. of other assistance would result in ex(a) General. Grants may be made to

treme hardship. a State for the purpose of such State (4) As a condition of receiving a grant making grants to individuals or families under this section, the individual or famwho as a result of a major disaster are ily representative must certify that unable to meet disaster related necessary neither he, nor to his knowledge, any expenses or serious neds. Such assistance other individual or member of his family may be furnished following a request by has previously received assistance under the Governor and determination by the other provisions of the Act or from other Regional Director that individuals or means to meet the disaster related necfamilies are unable to meet such ex essary expense or serious need for which penses or needs through assistance under such grant is requested.


(5) Anyone who applies for assistance tion in whole or in part. If approved, the under this section shall be informed that Regional Director may make an initial if an individual or family receives a grant advance up to 25 per cent of the estior grants under this section and assist mated Federal share of the grant funds. ance from other means later becomes Additional advances may be made on the available to meet the disaster related basis of demonstrated needs. No part of necessary expense or serious need, the such advance may be used to pay the individual or family shall be required to State share of any grant to an individual refund to the State that part of the grant or family. for which financial assistance under (g) Notification to individuals and other provisions of the Act or from other families. The State will institute and means has been received.

conduct a program to advise individuals (6) A grant will ordinarily not be pro and families in the disaster affected area vided to an individual or family for the of the availability of assistance under purpose of satisfying or alleviating a this section and the procedures for refinancial obligation which was incurred questing grants. prior to the major disaster.

(h) State Administrative plan. The (d) State requests for grants. A request State will develop and publish a plan for for assistance under this section shall be program administration including, but completed by the Governor of the not limited to: affected State and filed with the appro (1) Designation of the responsible priate Regional Director. The request State agency. must contain the following information (2) Methods and procedures for noticertified to by the Governor or his fication to potential applicants. authorized representative:

(3) Establishment of local application (1) That one or more individuals or centers. families in a disaster affected area has (4) Eligibility criteria. disaster related necessary expenses or (5) Provisions for compliance with serious needs.

$$ 2205.13, 2205.15, and 2205.18 and Sub(2) That other assistance under the part E of this part. Act or from other means is insufficient to (6) Administrative procedures for filmeet such necessary expenses or serious ing, investigating and approving applineeds.

cations. (3) An estimate of the number of per (7) Disbursement of funds. sons, and their locations, who have (i) Reimbursement to the State. Redisaster related necessary expenses or imbursement to the State for the Federal serious needs, and the basis for such share of eligible costs will be on the estimate.

basis of a voucher filed by the State and (4) An estimate of the funds required approved by the Regional Director. to meet the disaster related necessary (j) Federal audit. All disbursements expenses or serious needs including the will be subject to Federal audit, includpercentage of the Federal grant to be ing those for administrative costs for used for administrative expenses.

which the State requests reimbursement. (5) A statement that the State has (k) Limitation on grants. (1) The Feddeveloped or will develop an administra eral grant under this part shall be equal tive plan pursuant to paragraph (h) of to 75 per cent of the actual cost of this section.

meeting disaster related necessary ex(6) A commitment to identify specifi

penses or serious needs of individuals cally in the accounts of the State the and families, plus State administrative funds used to provide the 25 per cent expense not to exceed 3 per cent of the State share of the estimated costs of total Federal grant, and shall be made meeting disaster related necessary ex only on condition that the remaining 25 penses or serious needs.

percent of such actual cost is paid to such (e) Reports. The State will agree to individuals and families from funds maintain close coordination with the made available by the affected State. Federal Coordinating Officer and provide (2) An individual or family shall not him with such reports as he may require receive a grant or grants under the proin order to insure proper administration, visions of this section aggregating more including avoidance of duplication of than $5,000 with respect to any one mabenefits.

jor disaster. Such aggregate amount shall (f) Approval. The Regional Director include both the Federal and State share may approve or disapprove the applica of the grant.

(3) Assistance will be provided to an shall be denied such eligibility as a result individual or family only for a neces of his being unable, because of a major sary expense or serious need which arose disaster as determined by the President, as an immediate and direct result of the to meet the occupancy requirements set major disaster.

by such Act. (4) A State may expend not to exceed 3 per cent of the total Federal grant for

§ 2205.51 Crisis counseling assistance

and training. administrative expenses. (1) Advance of State share. If the

The Administrator may authorize, purState is unable immediately to pay its

suant to section 413 of the Act, financial 25 percent share of the grants to be

assistance to State or local agencies or made under this section, the State may

private mental health organizations to request that this amount be advanced provide professional counseling services to it by the Federal Government. Re or training of disaster workers to victims quests for such advances will be made to

of major disasters in order to relieve the Regional Director and will include mental health problems caused or agthe following:

gravated by such major disaster or its (1) A certification that the State is

aftermath. immediately unable to pay its 25 percent § 2205.52 Availability of materials. share and an explanation of the reasons therefor.

The Regional Director may, at the (2) A statement as to the specific ac

request of the Governor of an affected tions taken or to be taken to overcome

State, provide for a survey of constructhe inability to provide the State share,

tion materials needed in the disaster including a time schedule for such ac

affected area on an emergency basis for tions.

housing repair, replacement housing, (3) A commitment to repay the Fed

public facilities repairs and replacement, eral advance at the time the State is

farming operations, and business enterable to do so.

prises and may take appropriate action (4) An estimate of the total amount

to assure the availability and the fair of the advance needed to meet its 25

distribution of needed materials. Where percent share.

possible, such action may include the (5) An agreement to return immedi

voluntary allocation of such materials ately upon discovery all Federal funds

for a period of not more than 180 days advanced to meet the State's 25 percent

after the major disaster. Any allocation share which exceed actual requirements.

program shall be implemented by the (m) The State Administrative Plan,

Regional Director, to the extent possible, referred to in paragraph (h) of this sec

by working with and through those comtion, is to be made a part of the State's

panies which traditionally supply conemergency plan, as described in $ 2205.4.

struction materials in the affected area.

For the purposes of this section, "con$ 2205.49 Food commodities.

struction materials” shall include build(a) The Administrator will assure that

ing materials and materials required for adequate stocks of food will be ready

housing repair, replacement housing, and conveniently available for emer

public facilities repair and replacement, gency mass feeding or distribution in and for normal farm and business any area of the United States which

operations. suffers a major disaster or emergency. $ 2205.53 Emergency public transpor

(b) In carrying out his responsibilities tation. in paragraph (a) of this section, the Administrator may direct the Secretary

The Regional Director may provide of Agriculture to purchase food com

emergency public transportation service

in a disaster-affected area for persons modities in accordance with authorities prescribed in section 410(b) of the Act.

who, as a result of a major disaster, have

lost ready access to governmental offices, $ 2205.50 Relocation assistance.

supply centers, stores, post offices, Notwithstanding any other provision schools, and major employment centers, of law, no person otherwise eligible for and to such other places as may be necesany kind of replacement housing pay sary in order to meet the emergency ment under the "Uniform Relocation As needs of the communities. Any transsistance and Real Property Acquisition portation provided under this section is Policies Act of 1970" (Pub. L. 91-646) intended to supplement but not replace

« PreviousContinue »