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(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

$ 2205.51 Crisis counseling assistance 3 per cent of the total Federal grant for

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 ag. the 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 con

struction materials in the affected area. emergency plan, as described in $ 2205.4.

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 modities in accordance with authorities

in a disaster-affected area for persons 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

normal transportation facilities that re diately prior to a major disaster in acmain operable after a major disaster. cordance with locally applicable health Such emergency transportation will be or safety codes, specifications or standdiscontinued immediately when the ards. emergency need of the community has (4) “Pre-disaster condition" means been met.

the state of repair or serviceability of a § 2205.54 Repair and restoration of

facility immediately prior to the disaster damaged facilities.

taking into consideration prior damages,

age, deterioration, and any limitations (a) Definitions as used in this section. which had been placed upon its opera(1) "Private non-profit organization" tion. means any non-governmental agency or (5) "Grant-in-lieu" means funding entity that currently has an effective

with respect to any project application ruling letter from the U.S. Internal

whose scope of work includes betterRevenue Service, granting tax exemption ments or changes not eligible under secunder section 501 (c), (d), or (e) of the tions 402 or 419 of the Act and for which Internal Revenue Code of 1954.

the Regional Director limits his approval (2) “Private non-profit facility” means

and Federal funding to the estimated any educational, utility, emergency, costs of the eligible work. medical, and custodial care buildings, (b) Procedure. State and local governstructures, or systems eligible under sec

ments may submit applications for Fedtion 402(b) of the Act for Federal assist

eral assistance under the Act to repair, ance as the result of a major disaster.

restore, reconstruct, or replace public (i) "Educational facilities” means

facilities belonging to them which were structures, classrooms, machinery, and damaged or destroyed in a major disasutilities necessary or appropriate for in ter. State and local governments may structional or direct support purposes. also submit applications on behalf of pri(ii) “Utility” means structures or sys

vate non-profit organizations for educatems of any power, water storage, sup tional, utility, emergency, medical, and ply and distribution, sewage collection

custodial care facilities, including such and treatment, telephone, transporta

facilities for the aged and disabled, and tion, or other similar public service.

facilities on Indian reservations which (iii) "Emergency facility” means those

were damaged or destroyed by a major buildings, structures, or systems used to

disaster. provide services, such as fire protection,

(c) Codes, specifications, and standambulance, or rescue, to the general pub

ards. For the purposes of these regulalic as the result of disasters or other

tions, current applicable codes, specifisituations of great urgency.

cations, and standards are those which (iv) “Medical facility” means any

relate directly to the health and safety "hospital," "outpatient facility," "re

of persons using the damaged facility habilitation facility," or "facility for

and which were in general use and were long term care" as such terms are defined

enforced locally at the time of the disasin section 645 of the Public Health Serv

ter. If such codes, specifications, and ice Act (42 U.S.C. 2910), and any simi

standards are not in writing, the applilar facility offering diagnosis or treat

cant must provide evidence, and a Fedment of mental or physical injury or eral official shall verify, that the codes, disease, including the administrative specifications, and standards, were in use and support facilities essential to the at the time of the disaster. Where no operating of such medical facilities codes, specifications, or standards, as although not contiguous thereto.

prescribed above, apply to eligible restor(v) “Custodial care facility" means ative work, Federal funding will be those buildings, structures, or systems limited to restoring the facility to its including those for essential administra pre-disaster condition and design capaction and support, which are used to pro ity in accordance with minimum safety vide institutional care for such persons standards prescribed by the Administrasuch as the aged and disabled who do not tor. If compliance with locally applicable require day-to-day health care by doc codes, specifications, and standards in tors.

effect at the time of the disaster clearly (3) "Pre-disaster design" means that will not result in a safe and usable facilcapacity or measure of productive usage ity, the Administrator may authorize apfor which a facility could be used imme propriate deviations.

(d) Public facilities. Permanent repair ment of the damaged facility involves or restoration of public facilities may be betterment or change in design of the approved for categorical grants using the facility. When the Regional Director defollowing criteria:

termines that a grant-in-lieu is neces(1) The Federal contribution shall not sary in the public interest, he may require exceed the net eligible cost of restoring the applicant to submit an acceptable a facility based on the pre-disaster design alternative for restorative work on & of such facility as it existed immediately grant-in-lieu basis. prior to the major disaster, and on the (6) Facilities that are (i) obsolete or current codes, specifications, and stand- obsolescent and not in active use, or ards in use by the applicant for similar (ii) that are in otherwise non-operable facilities in the locality.

condition at the time of occurrence of (2) If the damaged facility is repair- the major disaster, are not eligible for able to pre-disaster condition as deter- permanent repairs or other restorative mined by the Regional Director, ap- work except in those instances, as deproved restorative work will be limited termined by the Regional Director, where to the cost of eligible repairs. In such the facilities were only temporarily cases, only those repairs will be approved closed for repairs or remodeling, or where which are designed to restore the por- active use by the applicant was firmly tions of the structure damaged by the scheduled prior to the major disaster major disaster in conformity with cur- to begin within a reasonable time. rent codes, specifications, and standards (7) Facilities which were in limited locally applicable to such repairs. If the use prior to the major disaster, for which facility was in a damaged or unsafe con- the Regional Director determines that dition prior to the major disaster, the adequate alternate facilities are availapplicant shall agree to pay the cost of able, are not eligible for assistance. correcting any such condition as a pre- (e) Private non-profit facilities. Caterequisite to Federal assistance.

gorical grants for the repair or restora(3) If the damaged facility is not re- tion of private non-profit facilities by pairable to pre-disaster condition as de- Federal disaster assistance may be aptermined by the Regional Director, proved, using the criteria for public facil. approved restorative work may include ities outlined in paragraph (c) of this replacement of the facility on the basis

section, when justified on the basis of of its pre-disaster design, in conformity need for such facilities, as determined by with current codes, specifications, and the Regional Director based on recomstandards locally applicable to new mendations by the State Coordinating construction.

Officer and appropriate Federal agencies. (4) A policy objective in restoring

No payment will be made for any work facilities damaged by a major disaster which is not the responsibility of the shall be to assure consideration of the

private organization or entity. The foladvantages or disadvantages of disaster lowing additional criteria apply for deproofing, relocation, or other hazard

termining the eligibility of such facility: mitigation measures, before any Federal

(1) It must be operated in a manner work or other expense is authorized. In

to carry out the tax exempt purposes of restoring damaged facilities by use of

the owning organization or entity. Federal disaster assistance, the Regional (2) Damages must have occurred as Director may authorize minimum disas

the result of a major disaster and impair ter proofing as eligible work under the

the capability of the facility to perform Act. When the Regional Director deter

services for the community. mines that a facility should not be restored in a hazard area, he may author

(3) The eligible owning organization ize relocation to a less hazardous site:

must give assurances of its continued Provided, however, that the overall Fed

operation of the facilities when restored eral project cost is not increased. He may

that are acceptable to the Regional decline to authorize Federal disaster as

Director. sistance to restore facilities at the orig

(f) Limitations. (1) Grants made inal site when such facilities are subject

under the provisions of this subpart for to repetitive heavy damages or destruc- private non-profit facilities shall not: tion.

(i) Be used to pay any part of the cost (5) A grant-in-lieu of repair or res

of facilities, supplies, or equipment which toration otherwise eligible under the Act are to be used primarily for sectarian may be approved if repair or replace- purposes; or

(ii) Be used to restore or rebuild any contribution where an applicant deterfacility to be used primarily for religious mines that public welfare would not be worship; replace, restore, or repair any best served by repairing, restoring, reequipment or supplies to be used prin constructing or replacing particular pubmarily for religious instruction, or restore lic facilities damaged or destroyed in the or rebuild any facility or furnish any major disaster. equipment or supplies which are to be (1) The total cost will be estimated used primarily in connection with any on the basis of the design of each such part of the program of a school or de- facility as it existed immediately prior partment of divinity.

to the major disaster and in conformity (2) No grants shall be made under this with current applicable codes, specificasubpart for the repair, restoration, re- tions, and standards. construction, or replacement of any fa- (2) Funds contributed under this suba cility for which disaster relief assistance section may be expended either to repair would not be authorized for a public fa- or restore certain selected damaged pubcility under the Act, under Pub. L. 81- lic facilities or to construct new public 815, or Title VII of the Higher Education facilities which the applicant determines Act of 1965.

to be necessary to meet its needs for (g) Facilities under construction. Cat- governmental services and functions in egorical grants may be approved for the disaster-affected area. those facilities eligible under this para- (3) Such election must be declared in graph which were in the process of con- writing by the applicant to the Regional struction when damaged or destroyed by Director through the Governor's Authora major disaster.

ized Representative before the approval (1) Federal reimbursement shall not of any project application from such apexceed the net eligible costs of the ap- plicant for assistance under sections plicant, of an eligible private non-profit 402 (e) or (f) of the Act, except as proorganization or entity, or of the contrac- vided under $ 2205.54 (i) (3) below, and tors in restoring a facility to substan- except project applications approved for tially the same condition as existed prior major disasters declared after April 1, to the major disaster. The Regional Di- 1974 and prior to May 22, 1974. rector may authorize alternative work as (4) Based on approval of a project apa grant-in-lieu of restoring the facility plication by the Regional Director, parto the same condition as existed prior to tial payments may be made not to exceed the disaster: Provided, however, That the a quarterly projection of the applicant's net eligible costs to the Federal Govern- planned obligations and expenditures. ment are not increased by approval of Further partial payments may be made such alternative.

periodically as necessary to assure an (2) Eligible costs shall not include any adequate cash flow for the applicant's interest cost on project funding or any restorative work. Within 90 days after cost for which reimbursement is received the initial partial payment, the applipursuant to insurance contracts or other- cant shall submit a listing of the public wise by the party incurring the economic facilities to be repaired, restored, or conburden of such costs, including reim- structed using the requested funds, the bursements which might be received estimated cost of each, and a proposed from any other private, State or local schedule for initiation and completion, government or Federal agency.

including estimated quarterly fund re(3) No Federal reimbursement will be

quirements. Following receipt of such made to any applicant for damages

listing and schedule, with amendments caused by its own negligence, by the

by the applicant as necessary, further negligence of any interested private or

Federal participation in the administraganization or entity, or by any contractor.

tion of these funds will be through addi(h) Flexible funding. In lieu of categorical grants described in paragraph (d)

tional partial payments, plus such Fedof this section, an applicant may elect

eral inspection and audit deemed necesto receive a contribution based on 90 per

sary to assure that the funds were excentum of the Federal estimate of the

pended in accordance with the purposes total cost of repairing, restoring, recon

of section 402(f) of the Act and as shown structing, or replacing all damaged pub- in the listing and schedule, and final lic facilities owned by it within its juris- payment of the grant. diction. Such election will provide maxi- (i) Small project applications (inmum flexibility in the use of the Federal lieu contributions). (1) In any case where the Federal estimate of total cost original project approval to a grant-inapproved by the Regional Director for lieu based on cost estimates for the apreimbursement to the applicant is less proved work that do not include escala• than $25,000 under sections 306, 402, tion of costs caused by lengthy delays on • and 403 of the Act, the in-lieu contribu- the part of the applicant or his contrac

tion will be based on 100 per cent of such tors. approved total estimated cost. Direct

$ 2205.55 Debris and wreckage clearFederal assistance, and any assistance

ance. requested by an applicant on behalf of a private non-profit organization, shall (a) General: Debris and wreckage not be included in determining the

clearance is normally accomplished by amount of the in-lieu contribution under

the affected State or local government, section 419 of the Act. However, the

however, if the State or local government Regional Director may approve Federal requests and the Regional Director defunding under sections 306, 402, or 403

termines that the use of a Federal In any instance where he determines agency is necessary he may direct that that the circumstances do not justify agency to accomplish the work. No auan in-lieu contribution under section thority under this section for debris 419 of the Act.

clearance through the use of Federal (2) Following completion of the work agencies shall be exercised unless the performed pursuant to this subsection, affected State or local government shall the applicant shall furnish a listing first arrange an unconditional authorthrough the Governor's Authorized Rep- ization for removal of such debris or resentative to the Regional Director of wreckage from public and private propthe work performed and the public fa- erty, and shall agree to indemnify the cilities that were repaired, restored, re

Federal Government against any claim constructed, replaced or constructed. arising from such removal. All emerThis listing shall include a brief descrip- gency debris and wreckage clearance tion, location, insurance coverages, and shall be performed without delay. Other total project costs of the completed work. debris clearance is to be completed as A Federal-State final inspection will be rapidly as possible. made to verify that the funds were ex

(b) In addition to emergency work pended in accordance with the purposes under Subpart B of this part, the Reof section 419 of the Act.

gional Director, whenever he determines (3) If an applicant subsequently sub- to be in the public interest, may: mits a supplement to its project appli- (1) Through the use of Federal agencation that would increase the grant cies, clear debris and wreckage resultunder section 419 of the Act to an ing from a major disaster from publicly amount exceeding $25,000, the entire and privately owned lands and waters, contribution shall revert to a categorical and grant or to flexible funding under (2) Make reimbursements to any State $ 2205.54 (h) as approved by the Region- or local government for the removal of al Director.

such debris or wreckage. (j) For the purposes of this section, (c) Determination of public interest functional furnishings and equipment under this section shall consider: essential to the operation of the facility (1) Whether removal of such debris will be considered as part of a facility: and wreckage is necessary to eliminate Provided, however, That comparable threats to life and property. used or surplus equipment shall be

(2) Whether removal of such debris utilized to the extent practicable.

and wreckage is necessary to eliminate (k) Consumable supplies damaged or

a hazard which threatens substantial delost in a disaster will be considered

struction of undamaged public or private eligible for replacement to the extent that such replacement is made within 90

property. days of the date of the President's dec

(3) Whether removal of debris and laration, but limited to a 30-day re

wreckage is essential to the economic quirement of each item so replaced. The recovery of the affected community. 90-day deadline for replacement may be (4) Whether a benefit is derived, diwaived by the Regional Director where rectly or indirectly, to the communityappropriate.

at-large. (1) When the circumstances warrant, (d) No Federal reimbursement will be the Regional Director may change the made to a State or local government for

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