(a) "Field Assessment" means those preliminary estimates and descriptions, based on actual observations by government engineers or inspectors, of the nature and extent of damages, resulting from a disaster, and of the Federal assistance potentially eligible under the Act.

(b) "Disaster-affected areas" means any local government, as defined in § 2205.2 or part thereof, designated by the Administrator, upon request by the State, as being eligible for Federal assistance under the Act.

(c) "Applicable standards of safety, decency, and sanitation" are those minimum guidelines prescribed or approved by the Administrator for any repair or reconstruction financed by Federal grants or loans under the Act.

§ 2205.41 Requests for major disaster assistance.

(a) The request for a major disaster declaration 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 disaster 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) As a part of such request, and as a prerequisite to major disaster assistance under the Act, the Governor shall take appropriate action under State law and direct execution of the State's emergency plan, and shall advise the Administrator thereof. In addition, the request shall include the following:

(1) An estimate of the amount and severity of damage broken down by type, such as private non-agricultural, agricultural, and public.

(2) A statement of actions pending or taken by the State or local legislative and governing authorities with regard to the disaster.

(3) A certification that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will constitute the expendi

(4) An estimate of the extent and nature of Federal assistance needed within the State, broken down by category of public or individual assistance for each affected county, and the estimated Federal funds required for each category.

(5) As appropriate, other justification in support of the request.

§ 2205.42 Processing the request of a Governor for a declaration of a "major disaster”.

(a) The Regional Director shall acknowledge the Governor's request. Based on his investigation of the situation, which may include field assessments of the affected area 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.

§ 2205.43 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. Where utility services are not metered separately, such payment will be based on a monthly allowance equivalent to the pro-rata costs of utilities services.

(f) A disaster victim is expected to accept the first adequate housing offered. Refusal by the applicant to accept such accommodations may result in his forfeiture of eligibility for temporary housing assistance.

(g) Any mobile home or readily fabriIcated dwelling shall be placed on a site complete with utilities provided either by the State or local government, or by the owner or occupant of the site who was displaced by the major disaster, without charge to the United States. The Administrator may authorize installation of essential utilities at Federal expense and he may elect to provide other more economical or accessible sites when he determines such action to be in the public interest.

(h) Temporary housing shall not be made available to those individuals or families with insurance coverage which provides the full cost of alternate living arrangements, except where, as determined by the Regional Director, adequate alternate housing is not readily available or the receipt of insurance benefits is uncertain or inadequate to meet temporary housing needs. Individuals or families who qualify for and accept assistance under this exception shall repay or pledge to the Government from any insurance proceeds for temporary housing to which they are entitled an amount equivalent to the fair market value of the housing provided.

(i) Temporary housing shall not be made available to any person or family for use as a vacation or secondary residence.

(j) Temporary housing will not be provided when emergency shelter or transient accommodations are sufficient and when the nature or duration of the housing requirement does not justify more stable arrangements as determined by the Regional Director.

(k) The period of eligibility for occupancy in temporary housing shall be determined on the basis of need. Each occupant's eligibility for continued occupancy shall be recertified no less frequently than every 90 days. No rentals shall be established for the first 12 months of occupancy. Thereafter, provided no adequate alternate housing ex

ists, rentals shall be established based upon the fair market value of the accommodations being furnished. Such rentals shall be adjusted to take into consideration the financial ability of the occupant.

(1) Pursuant to this section, temporary housing assistance may be terminated on 30-day written notice after which 30 days the occupant may be liable for such additional charges as the Regional Director may deem appropriate. Termination of temporary housing assistance to an occupant may be for reasons including, but not limited to, the following:

(1) Adequate alternate housing is now available.

(2) Failure on the part of the occupant to utilize or maintain the housing provided in the manner normally

expected of a tenant.

(3) Failure on the part of the occupant to pay rent, utilities, or other appropriate charges or to reimburse the Government for such charges as authorized by the Regional Director in accordance with this section.

(4) Determination that the temporary housing assistance was obtained either through misrepresentation fraud.

or

(m) Termination of temporary housing assistance may be in the form of:

(1) Eviction from temporary housing. (2) Termination of financial assist

ance.

(3) Any appeals by the occupant from a termination notice shall be processed and resolved pursuant to the temporary housing pre-termination procedure adopted by the Department of Housing and Urban Development for the purpose of providing due process safeguards to the tenants.

(n) Any temporary housing acquired by purchase may be sold directly to individuals and families who are occupants of temporary housing for their use as permanent housing. Such sales shall be at prices that are fair and equitable, as determined by the Regional Director.

(0) The Administrator may sell or otherwise make available temporary housing units purchased pursuant to section 404 (a) of the Act directly to States, other governmental entities, or voluntary organizations. As a condition of such transfer, the Administrator shall impose:

(1) A covenant to comply with the provisions of § 2205.13 requiring nondiscrimination in the distribution and occupancy of temporary housing.

(2) The requirement that any units provided under this section must be used for the purpose of providing temporary housing for disaster victims in emergencies or major disasters.

(3) The condition that any temporary housing made available, under the provisions of this section, which is not utilized in accordance with the terms of the transfer, may be ordered returned by the Administrator.

§ 2205.46 Mortgage and rental pay

ments.

The Administrator is authorized to provide assistance on a temporary basis in the form of mortgage or rental payments to or on behalf of individuals and families who, as a result of financial hardship caused by a major disaster, have received written notice of dispossession or eviction from a primary residence by reason of foreclosure of any mortgage or lien, cancellation of any contract of sale, or termination of any lease, entered into prior to the disaster. Such assistance shall be provided for a period of not to exceed one year or for the duration of the period of financial hardship, whichever is the lesser.

The Secretary of Labor, consistent with the delegation of authority to him by the Secretary dated will (a) provide assistance to individuals unemployed as a result of a major disaster, and (b) provide reemployment assistance services under section 407 of the Act and under other laws administered by the Department of Labor to individuals who are unemployed as a result of a major disaster and (c) issue such rules and regulations as may be necessary and appropriate. Such regulations will be issued in 20 CFR Ch. V, Part 625 (34 FR 19656, December 13, 1969), as amended.

§ 2205.48 Individual and family grants. (a) General. Grants may be made to a State for the purpose of such State making grants to individuals or families who as a result of a major disaster are unable to meet disaster related necessary expenses or serious neds. Such assistance may be furnished following a request by the Governor and determination by the Regional Director that individuals or families are unable to meet such expenses or needs through assistance under

other provisions of the Act, or from other means. The grant program authorized by this section will be administered by the Governor of the affected State or his designated representative.

(b) Definitions as used in this section. (1) "Necessary expense" means the cost of a service or material item required by an individual or family to reduce or overcome an adverse condition resulting from a major disaster, which if not alleviated by Federal assistance, will result in serious need.

(2) "Serious need" means extreme hardship, injury or loss caused by a major disaster which may be alleviated by assistance pursuant to this section.

(3) "Family" means a social unit comprised of husband and wife and dependents, if any, or a head of a household, as these terms are defined in the Internal Revenue Code of 1954.

(4) "Individual" means a person who is not a member of a family, as defined in subparagraph (3) of this paragraph.

(c) National eligibility criteria. (1) Grants provided by States under this section will be made where necessary to alleviate a disaster related necessary expense or serious need.

(2) In order to qualify for grant assistance, an individual or family must certify that application has been made through other available governmental programs for assistance to meet a disaster related necessary expense or serious need and that he or they have been determined not to be qualified for such assistance, or, for demonstrated reasons, any assistance received has not satisfied such disaster related necessary expense or serious need.

(3) Notwithstanding the provisions of paragraph (c) (2) of this section, an individual or family may apply for a grant under this section when the disaster related necessary expense or serious need is of such urgency and immediacy that delay resulting from normal processing of other assistance would result in extreme hardship.

(4) As a condition of receiving a grant under this section, the individual or family representative must certify that neither he, nor to his knowledge, any other individual or member of his family has previously received assistance under other provisions of the Act or from other means to meet the disaster related necessary expense or serious need for which such grant is requested.

(5) Anyone who applies for assistance under this section shall be informed that if an individual or family receives a grant or grants under this section and assistance from other means later becomes available to meet the disaster related necessary expense or serious need, the individual or family shall be required to refund to the State that part of the grant for which financial assistance under other provisions of the Act or from other means has been received.

(6) A grant will ordinarily not be provided to an individual or family for the purpose of satisfying or alleviating a financial obligation which was incurred prior to the major disaster.

(d) State requests for grants. A request for assistance under this section shall be completed by the Governor of the affected State and filed with the appropriate Regional Director. The request must contain the following information certified to by the Governor or his authorized representative:

(1) That one or more individuals or families in a disaster affected area has disaster related necessary expenses or serious needs.

(2) That other assistance under the Act or from other means is insufficient to meet such necessary expenses or serious needs.

(3) An estimate of the number of persons, and their locations, who have disaster related necessary expenses or serious needs, and the basis for such estimate.

(4) An estimate of the funds required to meet the disaster related necessary expenses or serious needs including the percentage of the Federal grant to be used for administrative expenses.

(5) A statement that the State has developed or will develop an administrative plan pursuant to paragraph (h) of this section.

(6) A commitment to identify specifically in the accounts of the State the funds used to provide the 25 per cent State share of the estimated costs of meeting disaster related necessary expenses or serious needs.

(e) Reports. The State will agree to maintain close coordination with the Federal Coordinating Officer and provide him with such reports as he may require in order to insure proper administration, including avoidance of duplication of benefits.

(f) Approval. The Regional Director may approve or disapprove the applica

tion in whole or in part. If approved, the Regional Director may make an initial advance up to 25 per cent of the estimated Federal share of the grant funds. Additional advances may be made on the basis of demonstrated needs. No part of such advance may be used to pay the State share of any grant to an individual or family.

(g) Notification to individuals and families. The State will institute and conduct a program to advise individuals and families in the disaster affected area of the availability of assistance under this section and the procedures for requesting grants.

(h) State Administrative plan. The State will develop and publish a plan for program administration including, but not limited to:

(1) Designation of the responsible State agency.

(2) Methods and procedures for notification to potential applicants.

(3) Establishment of local application centers.

(4) Eligibility criteria.

(5) Provisions for compliance with §§ 2205.13, 2205.15, and 2205.18 and Subpart E of this part.

(6) Administrative procedures for filing, investigating and approving applications.

(7) Disbursement of funds.

(i) Reimbursement to the State. Reimbursement to the State for the Federal share of eligible costs will be on the basis of a voucher filed by the State and approved by the Regional Director.

(j) Federal audit. All disbursements will be subject to Federal audit, including those for administrative costs for which the State requests reimbursement.

(k) Limitation on grants. (1) The Federal grant under this part shall be equal to 75 per cent of the actual cost of meeting disaster related necessary expenses or serious needs of individuals and families, plus State administrative expense not to exceed 3 per cent of the total Federal grant, and shall be made only on condition that the remaining 25 percent of such actual cost is paid to such individuals and families from funds made available by the affected State.

(2) An individual or family shall not receive a grant or grants under the provisions of this section aggregating more than $5,000 with respect to any one major disaster. Such aggregate amount shall include both the Federal and State share of the grant.