Page images
PDF
EPUB

ministrator may approve, based upon the shall be submited to the Regional Diwritten justification submitted to the Ad- rector of the Region for which costs were ministrator by the agency concerned, or incurred. as agreed to in writing between the Administrator and other Federal PART 2205-FEDERAL DISASTER agencies.

ASSISTANCE § 2201.3 Expenditures not eligible for

Subpart A-General reimbursement.

Sec.

2205.1 Purpose. (a) Administrative overhead costs. 2205.2 Definitions. (b) Costs incurred while performing

2205.3 Policy. work under a Federal agency's own

2205.4 State emergency plans.

2205.5 authority.

Coordinating Officers.

2205.6 Emergency support teams. $ 2201.4 Procedures in obtaining or au- 2205.7 Project applications.

thorizing the services or resources of 2205.8 Assistance by Federal Agencies. other Federal agencies.

2205.9 Federal equipment and supplies.

2205.10 Inspections. (a) The Administrator, in determining

2205.11 Use of local firms and individuals. the nature and extent of Federal as st

2205.12 Use and coordination of relief orance to be rendered to a State in allevi

ganizations. ating the damages resulting from a major 2205.13 Non-discrimination in disaster asdisaster, will take into consideration the

sistance. type of assistance available from other 2205.14 Insurance settlement or recovery. Federal agencies. He, or the Regional

2205.15 Duplication of benefits.

2205.16 Non-Liability. Director, will direct or request other

2205.17 Financial management. Federal agencies to provide such avail

2205.18 Criminal and civil penalties. able assistance as he may determine 2205.19 Federal audits. necessary.

2205.20 Reviews and reports. (b) All such directives or requests 2205.21 Appeals. authorizing the performance of work and 2205.22 Effective date. the expenditure of funds shall be in writ

Subpart B—Emergencies ing, or, if oral, shall be confirmed in

2205.23 General. writing, and contain a clause regarding

2205.24 Requests for emergency assistance. funding.

2205.25 Processing of State requests. $ 2201.5 Procedures for requesting re

2205.26 Initiating Federal assistance.

2205.27 Federal-State agreements. imbursement.

2205.28 Emergency mass care. (a) Requests for reimbursement of 2205.29 Emergency debris clearance. authorized expenditures should normally

2205.30 Emergency protective measures.

2205.31 be submitted quarterly; except, however,

Emergency restorative work.

2205.32 Emergency communications. final accounting for expenditures should

2205.33 Time limitations. be submitted within 90 days after completion of work for each specific disaster.

Subpart C—Fire Suppression

2205.34 General. Billings totaling less than $1,000 are not

2205.35 Federal-State agreements. to be submitted more often than

2205.36 Requests for assistance. quarterly.

2205.37 Providing assistance. (b) Requests for reimbursement shall 2205.38 Reimbursement. be in suficient detail to identify and

Subpart D-Major Disasters segregate: (1) Personal services, (2)

2205.39 General. travel, and (3) all other expenses. Sup- 2205.40 Definitions. porting documentation shall include a 2205.41 Requests for major disaster assistbreakdown of eligible personal services,

2205.42 Processing the request of a Goverlist of contracts and an explanation of

nor for a declaration of a “major other costs. The reimbursement request

disaster". shall cite the specific directive or request 2205.43 Initiation of Federal assistance, for assistance, issued by the Administra

2205.44 Federal-State agreements. tor or Regional Director, under which

2205.45 Temporary housing assistance.

2205.46 Mortgage and rental payments. costs were incurred, the State and loca

2205.47 Disaster unemployment assistance. tion in which the work was performed, 2205.48 Individual and family grants. and the disaster identification number. 2205.49 Food commodities. (c) All requests for reimbursement 2205.50 Relocation assistance.

ance.

Sec. 2205.51 Crisis counseling assistance and

training. 2205.52 Availability of materials. 2205.53 Emergency public transportation. 2205.54 Repair and restoration of damaged

facilities. 2205.55 Debris and wreckage clearance. 2205.56 Community disaster loans. 2205.57 Grants for removing timber from

privately owned lands. 2205.58 Protection of the environment. 2205.59 Minimum standards for public and

private structures. 2205.60 Time limitations.

Subpart E-Flood Insurance 2205.61 General. 2205.62 Definitions. 2205.63 Exclusions. 2205.64 Applicability.

Subpart F--Other Insurance 2205.65 General. 2205.66 Definitions as used in this subpart. 2205.67 Exclusions. 2205.68 Applicability. 2205.69 Type of insurance. 2205.70 Extent of insurance. 2205.71 Duration of insurance coverage. 2205.72 Assurances for categorical grants. 2205.73 Assurances for flexible funding. 2205.74 Seli-insurance.

Subpart G-Disaster Prepared Assistance 2205.75 General. 2205.76 De initions. 2205.77 Federal Disaster Preparedness Pro

gram. 2205.78 Technical assistance, 2205.79 Financial assistance.

AUTHORITY: Sec. 7(d), Department of Housing and Urban Development Act (79 Stat. 670, 42 U.S.C. 3535(d).

SOURCE: 39 FR 28212, Aug. 5, 1974, unless otherwise noted.

Subpart A-General $ 2205.1 Purpose.

The purpose of this part is to prescribe the standards and procedures to be followed in implementing those sections of Pub. L. 93–288 assigned to the Secretary by the Act or by Executive Order 11795 and delegated to the Administrator on August 5, 1974. § 2205.2 Definitions.

As used in this part:

(a) "The Act" means Pub. L. 93-288, cited as the “Disaster Relief Act of 1974.”

(b) “Administrator” means the Administrator, Federal Disaster Assistance Administration (FDAA), Department of Housing and Urban Development.

(c) “Applicant” means the State or local government submitting a project

application or request for direct Federal assistance under the Act or on whose behalf the Governor's Authorized Representative takes such action.

(d) “Categorical grants” means contributions to State or local governments, which must be used for emergency assistance, debris removal, temporary housing, restoration of facilities damaged or destroyed by a major disaster, or other eligible work not flexibly funded, on a project-by-project basis, subject to State and Federal inspection and audit. Included are contributions made to such governments on behalf of eligible private non-profit organizations or entities.

(e) "Contractor” means any individual, partnership, corporation, agency, or other entity, public or private (other than an organization engaged in the business of insurance), performing work for the Federal Government or a State or local agency.

(f) "Emergency" means any hurricane, tornado, storm, flood, highwater, 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 requires Federal emergency assistance to supplement State and local efforts to save lives and protect public health and safety or to avert or lessen the threat of a major disaster.

(g) "Emergency shelter" means a form of mass shelter provided for the communal care of individuals or families made homeless by a major disaster or an emergency.

(h) "Federal agency” means any department, independent establishment, Government corporation, or other agency of the executive branch of the Federal Government, including the United States Postal Service, but shall not include the American National Red Cross.

(i) "Federal assistance" means aid to disaster victims or State or local governments by Federal agencies under provisions of the Act.

(j) "Federal Coordinating Officer (FCO)” means the person appointed by the Administrator to coordinate Federal assistance in an emergency or a major disaster.

(k) "Flexible funding” means in-lieu contributions under section 402(f) or section 419 of the Act to local or State governments, which may be used at the discretion of the applicant to construct the public facilities it deems best for

government functions within its juris- (t) "State Coordinating Officer diction in the major disaster area.

(SCO)” means the person appointed by (1) "Governor" means the chief exec- the Governor to act in cooperation with utive of any State.

the Federal Coordinating Officer ap(m) “Governor's Authorized Repre- pointed under section 303(a) of the Act. sentative" means the person named by (u) "State emergency plan," as used the Governor in the Federal-State Agree- in section 301(b) of the Act, means that ment to executive on behalf of the State State plan which is designed specifically all necessary documents for disaster as- for State-level response to emergencies sistance, including certification of appli- or major disasters, and which sets forth cations for public assistance.

actions to be taken by the State and (n) "Local government” means (1) local governments including those for any county, city, village, town, district, implementing Federal disaster assisor other political subdivision of any tance. State, any Indian tribe or authorized (v) “Temporary housing” means actribal organization, or Alaska Native vil- commodations provided by the Federal lage or organization, and (2) includes Government to individuals or families any rural community or unincorporated made homeless by a major disaster as town or village or any other public entity further defined in $ 2205.45. for which an application for assistance is (w) “United States" means the fifty made by a State or political subdivision States, the District of Columbia, Puerto thereof.

Rico, the Virgin Islands, Guam, Ameri(0) "Major disaster" means any hur- can Samoa, the Canal Zone, and the ricane, tornado, storm, flood, high-water, Trust Territory of the Pacific Islands. wind-driven water, tidal wave, tsunami, (x) "Voluntary organization” means earthquake, volcanic eruption, landslide, any chartered or otherwise duly recogmudslide, snowstorm, drought, fire, ex- nized tax exempt local, State, national plosion, or other catastrophe in any part organization or group which has provided of the United States which, in the deter- or may provide services to the States, mination of the President, causes damage local governments, or individuals in a of sufficient severity and magnitude to major disaster or emergency. warrant major disaster assistance under

& 2205.3 Policy. this Act, above and beyond emergency services by the Federal Government, to

(a) It is the policy of the Administrasupplement the efforts and available re- tor to provide an orderly and continuing sources of States, local governments, and

means of supplementary assistance by disaster relief organizations in alleviat

the Federal Government to State and ing the damage, loss, hardship, or suffer

local governments in carrying out their ing caused thereby.

responsibilities to alleviate the suffering (p) “Public facility” includes any pub- and damage that result from disasters licly owned flood control, navigation, ir

by: rigation, reclamation, public power, sew

(1) Providing Federal assistance for age treatment and collection, water sup

public and private losses and needs susply and distribution, watershed develop

tained from disasters. ment, or airport facility, any non-Fed

(2) Encouraging the development of eral-aid street, road, or highway, and comprehensive disaster preparedness and any other public building, structure, or assistance plans, programs, capabilities, system including those used for educa- and organizations by the States and by tional or recreational purposes, or any local governments. park.

(3) Achieving greater coordination (q) "Regional Director” means a di- and responsiveness of disaster preparedrector of a regional office of the Federal ness and relief programs. Disaster Assistance Administration (4) Encouraging individuals, States, (FDAA).

and local governments to protect them(r) "Secretary" means the Secretary selves by obtaining insurance coverage to of Housing and Urban Development. supplement or replace governmental

(s) "State” means any State of the assistance. United States, the District of Columbia, (5) Encouraging hazard mitigation Puerto Rico, the Virgin Islands, Guam, measures to reduce losses from disasters, American Samoa, the Canal Zone, or the including development of land-use and Trust Territory of the Pacific Islands, construction regulations.

(b) It is also the policy of the Admin- State and local disaster assistance efistrator to foster the development of forts with those of the Federal GovernState and local government organizations ment. The SCO will be the principal and plans for coping with major disas- point of contact for the FCO regarding ters, and to provide advice and guidance coordination of State and local disaster to Federal agencies and States and local relief activities, implementation of the governments on organization and pre- State Emergency Plan, and State comparedness in order to meet the effects of pliance with the Federal-State Agreemajor disasters.

ment. The functions, responsibilities, (c) It is further a policy of FDAA to and authorities of the SCO should be insure that the individual disaster vic- set forth in the State Emergency Plan. tims are apprised of Federal assistance available and to assist the individual vic

§ 2205.6 Emergency support teams. tim in obtaining the Federal assistance The Administrator or Regional Dito which he is entitled.

rector shall form emergency support & 2205.4 State emergency plans.

teams of Federal personnel to be de

ployed in an area affected by a major All responsibilities and actions as pro- disaster or emergency. Such emergency vided for in the Act and these regula- support teams shall assist the Federal tions required of a State and its political Coordinating Officer in carrying out his subdivisions to prepare for and respond responsibilities pursuant to the Act and to disasters and to facilitate the delivery these regulations. Upon request of the of Federal disaster assistance will be Administrator, the head of any Federal set forth in the State's emergency plan. department or agency is authorized to $ 2205.5 Coordinating Officers.

detail to temporary duty with the emer

gency support teams, on either a reim(a) Upon the declaration of a major

bursable or non-reimbursable basis as is disaster or an emergency the Adminis

determined necessary by the Administrator will appoint a Federal Coordinat

trator, such personnel within the ading Officer (FCO) who shall:

ministrative jurisdiction of the head of (1) Make an immediate appraisal of

the Federal department or agency as the the types of relief aid most urgently

Administrator may need or believe to be needed;

useful for carrying out the functions (2) Establish such field offices as he

of the emergency support teams. Each deems necessary;

such detail shall be without loss of (3) Coordinate the administration of

seniority, pay, or other employee status. relief activities of other Federal agencies as well as those of the American National $ 2205.7 Project applications. Red Cross, the Salvation Army, the Men- (a) Federal funding for work apnonite Disaster Service, and other volun

proved under the Act may be provided tary relief organizations which agree to on the basis of project applications suboperate under his advice or direction; mitted by the State or local governments (4) Coordinate the administration of

and approved by the State and the Rerelief with State and local government gional Director or his authorized repofficials;

resentative, pursuant to the Federal(5) Undertake appropriate action to State Agreement (see $$ 2205.27 and make certain that all of the Federal 2205.44) and in accordance with this agencies are carrying out their appro

part. The approved project application priate disaster assistance roles under

will provide the basis of a request for an their own legislative authorities and op- advance of funds and reimbursement for erational policies.

eligible expenditure. (6) Take such other action, con

(b) Project applications shall be subsistent with authority delegated to him mitted within the time limits prescribed by the Regional Director and with the by $ 2205.33 or § 2205.60 or as otherwise provisions of the Act, as he may deem prescribed by the Administrator. necessary to assist local citizens and (c) The State shall assure that propublic officials in promptly obtaining as- curement of work and services under sistance to which they are entitled. project applications hereunder comply

(b) The Governor shall be requested with provisions of the Act, and with to appoint a State Coordinating Officer State or local statutes, regulations, and (SCO) in emergencies and major dis- ordinances not in conflict with Federal asters for the purpose of coordinating procurement policies procedures

or

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, includ 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

« PreviousContinue »