review of federal programs providing disaster assistance to coastal local governments following a hurricane

[From the U.S. Government Printing Office, www.gpo.gov]

Hazard Mitigation Research Program

The Center for Urban and Regional Studies
The University of North Carolina
Chapel Hill, North Carolina 27514

A REVIEW OF FEDERAL PROGRAMS
PROVIDING DISASTER ASSISTANCE TO
COASTAL LOCAL GOVERNMENTS
FOLLOWING A HURRICANE

C. Luther Propst

414

Report No. 84-14

A REVIEW OF FEDERAL PROGRAMS
PROVIDING DISASTER ASSISTANCE TO
COASTAL LOCAL GOVERNMENTS
FOLLOWING A HURRICANE

C. Luther Propst

The information presented in this report is based upon research funded by the
National Science Foundation under Grant No. CEE-8217115, Hurricane Hazard
Reduction Through Development Management. The findings and opinions are
solely those of the authors and do not necessarily reflect the views of the
National Science Foundation.

Q*5 April 1984
z LIBRARY
112PARTMENT OF romMERCE NOAA
'OASSTAL SERVICES CENTER
SOUTH HOBSON AVENUE
405-2413
--,RLESTON, SC 29

Table of Contents

Page

Preface . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . 1

Introduction
Procedures for Obtaining Federal Disaster Assistance . . . . . . . 3
The Presidential Declaration . . . . . . . . . . . * . : 3
Preliminary Damage Assessment . . . . . . . . . . . . . . . . 4
FEMA's Post-Disaster Procedures . . . . . . . . . . . . . . . 5

Part I
Federal Assistance Available to Iocal Government Pursuant to a
Presidential Declaration of a Major Disaster or an Emergency 20
Public Assistance . . . . . . . . . . . . . . . . . . . . . . 21
Debris Removal . . . . . . . . . . . . . . . . . . . . . 21
Emergency and Protective Measures . . . . . . . . . . . 22
Permanent Work . . . . . . . . . . . . . . . . . . . . . 23
Timber Removal 24
Technical Assis;an*c; io; H*a;a;d*Miti:gation* 24
Crisis Counseling Assistance and Training . . . . . . . 27
Community Disaster Loans . . . . . . . . . . . . . . . . . . 27
Non-FEMA Programs . . . . . . . . . . . . . . . . . . 28
Emergency Relief for Federal-Aid Roads 28
School Construction, Maintenance, and Operation
Assistance . . . . . . . . . . . . .. . . 28
Economic Recovery for Disaster Areas o : 'o . 29
Summary . . . . 29

Part II
Federal Assistance Available to Local Government Under Its Own
Authority Independent of a Presidential Declaration of a Major
Disaster of an Emergency . . . . . . . . . . . . . .. 32
Immediate Assistance . . . . . o . o . o 32
Relief and Recovery Assistance . . . . 33
Federal Flood Insurance Program 33

Part III
Federal Assistance Available to Entities Other Than Local
.Governments Following a Presidential Declaration of a Major
Disaster or an Emergency -39

Appendix I
Pertinent Federal Statutes 44
1. Disaster Relief Act of 197Z iPL 93-288j,oc;di:fied' at'4i *
United States Code Annotated � 5121-5202 . o . . . . 44
2. Emergency Relief for Federal-Aid Roads, 23 U.S.C.A. � 125 84
3. Section 1362 of the National Flood Insurance Act,,as
Amended (42 UoS.C.A. � 4103) - Purchase of Insured
Properties Damaged Substantially Beyond Repair by
Flood . . . . . . . . . . . . . 86

Page

4. Economic Recovery for Disaster Areas, Title VIII of the
Public Works and Economic Development Act of 1965, as
amended by the Disaster Relief.Act of 1974; (42 U.S.C.A.
9 � 323k to 3236) . . . . . . . . . . . . . . . . . . . 87

Appendix II
Federal Disaster Assistance Programs Regulations . . . . . . . . .. 94.
1. Federal Disaster Assistance (PL 93-288): 44 Code of
Federal Regulations, Part 205 . . . . . . . ... . . . . 94
2. Emergency Relief for Federal-Aid Roads, 23 C.F.R. � �
668.101 to 668.113 (Pursuant to 23 U.S.C.A. � 125.) 170
3. Disaster Assistance for Crisis Counseling and Training:
42 C.F.R. � � 38.1 to 38.9 (Pursuant to Section 413
of the Disaster Relief Act) . . ... . . . . . . . . . . 174

Appendix III
Glossary of Terms Related to Federal Disaster Assistance Programs 179

Appendix IV
Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . 182

Preface

This document provides a review of sources and types of Federal

assistance that may be available following a hurricane or severe coastal

storm. Included is information on Federal programs that provide assistance

or funds to local governmental units and, in more-abbreviated form, informa-

tion about assistance that is available to individuals, businesses, families,

and non-profit associations.

The introduction explains the procedure leading to the declaration of a

major disaster or emergency, which in turn makes a variety of assistance pro-

grams administered through the Federal Emergency Management Agency available

to local governments and individuals. The introduction also explains the pro-

cedure used to apply for disaster recover assistance.

Part I of the report describes the various Federal programs which pro-

vide assistance to local governments following a Presidential declaration of

a major disaster or an emergency. These programs are administered through the

Federal Emergency Management Agency (FEMA).

Part II outlines Federal disaster assistance programs available without

a Presidential declaration of a major disaster or an emergency, that are

administered by a variety of Federal agencies. This includes programs related

to emergency rescue, protection of property and disaster relief and recovery.

Part III describes Federal programs offering assistance to individuals,

families, certain non-profit associations, and businesses pursuant to a

Presidential declaration of a major disaster or an emergency.

Appendix I contains Federal statutes which authorize Federal assistance

to disaster-stricken communities and which govern the administration of

emergency management programs. It contains the Disaster Relief Act of 1974,

42 U.S.C.A. H 5121 to 5202; 23 U.S.C.A. � 125, which authorizes emergency

relief for Federal-aid roads; section 1362 of the National Flood Insurance

Act, 42 U.S.C.A. � 4103, which governs the purchase of insured property

damaged substantially beyond repair by flood; and Title VII--Economic Recovery

for Disaster Areas, Public Works and Economic Development Act of 1965, as

amended (P.L. 93-288), which provides assistance for the economic recovery and

replacement of essential facilities and services of a major disaster area.

Appendix II contains the regulations implementing the Federal disaster

relief programs created by the Disaster Relief Act of 1974 and other disaster

related statutes. It consists of three parts. The first (Part 205-Federal

Disaster Assistance-of Title 44 of the Code of Federal Regulations) contains

the regulations used by the Federal Emergency Management Agency to carry out

the provisions of the Disaster Relief Act. This section includes regulations

governing procedural requirements for public assistance, community disaster

loans, private assistance programs, flood insurance requirements, and hazard

mitigation requirements, among others. The second part contains the Emergency

Relief Program regulations which implement the Federal disaster aid program

for Federal-aid roads. The final section contains the regulations related to

disaster assistance for crisis counseling and training promulgated pursuant

to Section 413 of the Disaster Relief Act.

Appendix III contains a Glossary of frequently-encountered terms in the

Federal natural disaster assistance parlance.

Appendix IV is a Bibliography of useful sources for local government

officials confronting post-disaster recovery problems.

Introduction: Procedures for Obtaining Federal Disaster Assistance

Federal disaster assistance programs are designed to supplement local,

state, and private resources when these resources are insufficient to alle-

viate hardship and to repair damage in the wake of a major disaster. The most

important federal law dealing with disaster assistance Is the Disaster Relief

Act of 1974,.Public Law 98-288, codified at 42 U.S.C. 5121 to 5202. The

Disaster Relief Act authorizes a wide range of financial assistance and direct

assistance programs to state and local governments and to the private sector.

While other legislation has created a number of other disaster assistance

programs in a variety of federal agencies, the Disaster Relief Act and the

regulations adopted to administer it set the. guidelines and procedures by

which federal aid is distributed and vests the Federal Emergency Management

Agency with primar y responsibility for coordinating and providing disaster-

related assistance. FEMA regulations determine federal responsibility,

govern damage assessment, applications for assistance, the granting of assis-

tance, and post-disaster hazard mitigation planning.

The Presidential Declaration

FERA's disaster response procedures are set into motion by a Presidential

declaration of an "emergency" or a "major disaster'.'.as authorized by the

Disaster Relief Act. An "emergency" is any natural disaster which calls for

emergency federal assistance to supplement state and local efforts to avert

the threat of a disaster or to protect lives, public health, and property. A

11major disaster" is a natural event that ca.uses damage of a sufficient severity

and magnitude to warrant major federal assistance above and beyon d emergency

services. A major disaster, unlike an emergency declaration, provides for

recovery and reconstruction assistance.

FEMA keeps close track of potential disasters, such as the development and

path of a hurricane. As the threat.of a disaster increases and as disaster

strikes, FEMA maintains contact with the Governor's office and the state agen-

cies for emergency management within the area which might be affected. After

an initial reconnaissance, local officials in a disaster-stricken community

immediately report the nature and extent of damages to the state agency

responsible for emergency management. This agency then advises the Governor

on the seriousness of the situation; the Governor may declare a state of

emergency, which puts the state's disaster relief and assistance program into

operation, and directs state resources to meet disaster assistance needs. If

it appears that the situation is of a severity or magnitude that exceeds state

and local capabilities, the Governor can ask the President, through FEMA, to

declare an emergency or a major disaster, which would set the Federal assis-

tance program into action. Only the Governor or the Acting Governor can make

this request.

Preliminary Damage Assessment

If the Governor asks for a Presidential declaration, state disaster

officials will:

survey the affected areas with local officials and with
FtMA's regional disaster specialists if possible, to
determine the extent of damage;

- estimate the type and extent ofTederal assistance
needed;

- consult with FEMA's Regional Director regarding eligi-
bility requirements; and

- advise FEMA's Regional Director of the state's request
for a Presidential declaration.

The Governor's request for a Presidential declaration will include a

certification of reasonable state and local expenditures for disa ster relief

and an estimate of the Federal assistance required for the state and for each

affected county. The Governor's request is addressed to the President and is

submitted to FEMA's Regional Director, who evaluates the estimates of damage

and assistance needs and makes a recommendation to the FEMA Director. The

Director then recommends a course of action to the President, who issues the

declaration and thereby sets in motion the process for providing Federal

disaster assistance to various eligible public agencies, individuals, and

businesses.

FEMA's Post-Disaster.Procedures

Once the President declares an emergency or a major disaster, the Governor

and FEMA's Regional Director sign a Federal-State Disaster Assistance Agreement

which specifies how and for which areas Federal disaster relief will. be made

available. FEMA's Associate Director for Disaster Response and Recovery

designates those counties and municipalities that are eligible for Federal

disaster assistance and appoints another Federal official (usually FEMA's

Regional Director) as the Federal Coordinating Officer (FCO). The FCO per-

forms a number of functions:

..l.--Determining the types of assistance most urgently needed;

2. Coordinating all Federal disaster relief efforts;

3. Coordinating Federal activities with those of state and
local agencies and private disaster relieforganizati.ons
(such as the Red Cross and the Salvation Army);

4. Informing people in the community about the types of
assistance available;

5. Setting up and operating disaster field offices;

6. Taking other actions, consistent with his authority;
to help citizens and public agencies promptly obtain
assistance for which they are eligible.

The FCO is usually supported by one or more deputies who are delegated to

perform some of these functions.

FEMA sets up a temporary Disaster Field Office in the strickened area

as a base for Federal disaster relief operations. The Disaster Yield Office

Is usually located in conjunction with a similar field office operated by the

State Coordinating Officer who Is the primary liaison between the Federal

Coordinating Officer and state and local officials.. The location and tele-

phone number of the Disaster Field Office is widely publicized to (encourage

applicants to visit or call when assistance is needed. The field represen-

tatives staffing these offices are responsible for providing assistance to

disaster victims and for advising local and state agencies on eligibility

requirements, surveying and reporting damage, and processing applIcations for

Federal assistance. In addition to these agency representatives, the FEMA

Regional Director may dispatch Emergency Support Teams to provide specialized

counseling, to help operate the Disaster Field Office, and to temporarily

supplement local and state emergency response and damage assessment efforts..

Federal disaster assistance programs fall into two general categories;

individual assistance (for individuals, families, and businesses) and public

assistance (for local and state agencies). FEMA disseminates information.

about available aid programs via local radio, television, newspapers, and

pamphlets. FEMA will establish a Disaster Assistance Center in the disaster

area to help individual victims get information and guidance from the various

Federal agencies.' At the Center, disaster victims apply for assistance from

the various Federal programs that are discussed in later sections of the book.

FEMA may also dispatch mobile teams to help-persons in the area who lack

access to the Disaster Assistance Center.

In addition to Operating the Disaster Assistance Center, which is mainly

for providing individual assistance, FEMA and the state emergency management

agency hold an applicant briefing for local and state officials to inform them

of the public assistance available and of the procedures and eligibility

requirements involved. Items covered at the briefing include:

1. Filing a Notice of Interest in receiving different
types of Federal disaster assistance;

2. Preparing Damage Survey Reports (DSRs) to document
damages and repair costs;

3. Filing a Project Application; and

Addressing special considerations, such as environ-
mental assessments and opportunities for hazard
mitigation.

The Notice of Interest (Figure 1) is basically a checklist on which local

and state officials indicate the type of damage sustained by public facilities.

It provides-the basis by which MA schedules damage surveys.

Damage Survey Reports (Figure 2) document the extent of damages to

different facilities, identify needed and eligible repairs, and assess in

detail the costs of repairing or rebuilding them. The DSRs, prepared by a

Damage Assessment Team consisting of Federal, state, and local authorities

are submitted to FEMA and the state emergency management agency. The DSR is

the basis for FEMA's approval of applications for public assistance. The

Damage Assessment Team depends on local officials' damage assessments to mea-

sure the severity and magnitude of damage;-it is therefore advantageous for

the local government to maintain accurate property records and to conduct its

own-damage survey before the Damage Assessment Team arrives. Photographs,

maps, and drawings are often included in the DSR to provide more complete

descriptions and documentation.

Figure 1: FEMA Notice of Interest Form.

owe No, M ^Owe
FEDERAL EIAERGENCY MANAGEMENT AGENCY FLU.A DECLARATION NUVAIN
DISASTER RESPONSE ^NO RECOVERY
DATE
NOTICE OF INTEREST
F BPS NUMBER
av APPL riNG Fox FEDEAA L DIU$rE)t AMSTANCLE

The purpoto of this form is to list the domaps to property and fociliuct to that inspectors may bo sopropriale1v assiW%ed #of a
formal survey.

REOUIREMENTS FOR FEDERAL DAMAGE SURVEYS

A. DEBRIS CLEARANCE F. PUBUC UTILITY SYSTEMS

0 On Public Roo& a Streets iiscluding ROW C3 Water 0 Storm Drainage
0 Other Public Propeny 0 Sanitary Sewttage 0 LightrPowel
0 Priv3tt Property fk%en undmaken by 0 Other"

0 Structure Demobtion

8. PROTECTIVE MEASURES G. FACILITIES UNDER CONSTRUCTION
0 Ure and Safety 0 Health 0 Public Facilities"
0 Property 0 Stitsm/Ehatnage Channels 0 Ptivtitc Non-Ptuflt Facilities"

C. ROAD SYSTEMS H. PRIVATE NON-PROFIT FACILJTIES*

0 Roads 0 Strem M Educationa) 0 Medical
0 Bridges 0 Culverts 0 Emergency 0 Custodial Cue
0 Traffic Control E3 Other* 0 Utility

D. WATER CONTROL FACILITIES 1. OTHER (Not in above carejories)
0 Dikes 0 Izvees 0 Dems O.Fwk Facilities
0 Drainage Channels 0 Irrigation Works 0 Recreational Facilities

E. PUBLIC BUILDINGS AND EQUIPMENT

0 Public Buildinp

0 Supplies of inventory
0 Vehicles or other equipment
0 Transportation Systems
E3 Higher Ed%Kation facilities

Iftdkere F),po Off-fiffry.-
hV me Mw of the jecalry and ofprhefw "@Prvfif Vr.
ftAIAZ ^PIC TITLE OF RLPRESEWTATIVE WHO WILL ACCOMPANYTHE SUAVEV 7 EAM

NAME Do, P061'rac^1. !JiO-1Vt&IOP' 04 CLIOIDLE ^PftIc^.N`f
11 -V;@7coolt
OLMN934 ^DDALIS

evs1"t" TE LEP,40NE (A@ Codolfw..b.,) tsomt TELEPt.OKE JA@.
3
APPLICANT*& AUTNO1111190 N1CVftEsKNT^TIV1 9VS1ftE$5 TCLEPHONt IA-V* [email protected]#I`1
4
PC&A^ FORM "49 (31110)

Source: FEKA, 1981, Handbook for Applicants, p. E-1.

Figure 2: FEMA Damage Survey Report Form

OMB No. 30G?=17
FEDERAL EMEALiENCY MANAGEMENT AGENCY 3. Of CLAAA7 ION #40.
-DAMAGE SURVEY REPORT FEMA
DISASI E A RESPONSE AND RECOVERY INSPECTION DATE
is's a,, lw@sj
I TOM# REGION- FEDERAL EMEPIGENCVMANAGEMEN7 AGENCY 6WORK ACCOMPLISHED BY
0 CONTRACT
awry r. StCJ
2. APPLICA ftSftl*;T*AWw.7,. OZ.
Of 0 FORCE ACCOUNT

1. WORK CATEGORY f"X-ApW4eblr So.) OSA NO. 6. PERCENTAGE OF WORK
0 EMERGENCY CIA 09 100001 COMPLETED TO DATE
0. PERMANENT 0 c C) v 0 If 0 F 0 G On 0 s I %
S. DAMAGED FACILITIES &A. FACILITY IN OR AFFECTS
FLOOD PLAIN OR WET LANDS
0 YES 0 Ito

9 DESCRIPTION OF DAMAGE

10. XOP E 6f-FR6W_S_E 6 WORK

11 @@ItA @ED CM OF PROPOrED WORK
QUANTI UNIT MATERIAL ANDIOA DESCRIPTION UNIT PRICE COST (donsmi
(a) lb) [c)

T2. EXISTING INSURANCL (r,P-P AMOUNT
AL

off*#
13 ViiC6iiWtN-Diifibiiii-FiDCF%,WL IWSPI lslp@rv,*. Age-cr. ATTACHMENTS
0 YES 0 NO
14. CO%CV -66NCUR ATTAGPIMENTS
El YES 13 NO
AL 1,,f. Apmr, dbg*) CONCUR ATT^CO4%4Et47S
0 YES 0 No
11111. FEDERAL REVIEW t$V-t.,w. Al-mr,dobtal

FEMA I'*,- losi. HUO F 4041
COPY I - 11MA REGION

Source: FEMA, 1981, Handbook for Applicants, P. F-1.

FEMA classifies damage that is eligible for public assistance pursuant to

a declaration of a major disaster into seven categories of "permanent" work

and two categories of "emergency" work (Table-1). A separate DSR is prepared
for each category of work and for each damage site; separate DSRs are required

for different categories of work at the same site.

Table 1: Categories of Public Assistance Available from FEMA

Emer&ency Work Permanent Work

1. Debris Removal 1. Road or Street Systems

2. Emergency Protection 2. Water Control Facilities

3. Public Buildings and Related Equipment

4. Public Utilities

5. Facilities Under Construction

6. Private Nonprofit Facilities

7. Other

A DSR does not constitute an approval of repair work or a commitment of

Federal.funds. It simply provides information on the extent of damages and

estimated repair costs, which FEMA uses to approve or deny specific items

requested in the Project Application.

The Project Application (Figure 3) is the formal request for aid that.a

local government or state agency submits to FEMA's Regional Director through

the Governor's Authorized Representative or the s:t ate emergency management

agency. The Project Application combines and summarizes the Damage Survey

Reports for various repair projects for damaged public.facilities. It is

accompanied by the complete Damage Survey Report for each project listed.

Figure 3: FEKA Project Application Form

a.0ft. 038 moos,
FEDERAL ASSISTANCE R &"Lt. 6 PA 2"IT, - FIMA
cAmrs
WANT 10 APPLI- it ON
CATION IF . I
C) VIIII&PPLICATION SUPIP IF 9MCLANATIOAIDAIVIL
too
A;TIOW M APPLICATION
:0 111" AP- [3NOTIFICATIONOF INTENT 10011 04LIGAIFIONLOGNUMICER 4 F BPS eye
0"'" [3 REPORT OF FEDERAL ACTION
60.1
4. LEGAL APPLWANT RECIPI91ST 09AXNAL gwioygx 19911,11110"TION NO.

IS. PRO, sovoof 4
CO&M
0 110. If,*- 16131. 1310 01
to [email protected] m fo&,., 1, TITLE
4 1 a 1-0 Cow

1. 117 Ll AND DESCRIPTION OF APPLICANI'S PROJECT ift W-288) S. TYPE OF APfLICANT;11JJrWJ9N'I

to
C
0 Co.- C"-- Isewd's

0TYPE OF ASSISTAN--i
D
r
"... It
C - L*-
AAIA (W PROLtwy rdrACT INWwo of fiZPk VewufflL it.- 13TIMAT&O wm. III TYPE Of AINPUCATION
ftm. oftJ OCR of PIER&ONS A - ft- .C -
Ew 4OW"'Oft
ft I-
IM Pf.OPOSCD F UNDING 16 CONGRESSIONAL DISIRICT$00 IS, TYPI Or CHANGE Ow I.N 0, lari
QO a APPLtCA%l P OJECT 4- Dw- 9 - a.- Ispardr);
IF E%-,- 0.1@.
*4.PPL 'CANT .410 a7 C - ._%om 0.0.@
VATI 40 it i-X10'acy MAT 197. PROM : : : O@ D-...
T DURACT w".f.
- DA I V@ Ad.-sh nor 11.
me , ble@m, @- ,; =_
I& 11STIMIATI 0 DATE TO VIN, dIkprft Vo, It
wif"IrTao 10
DC MAL AGENCY&
.0. -
20 FIDERAL AGENCY TO XICIIVI XIOVIST I%- C,10. SIOWPO'comitt to
Fedval brtcqrei@% Mi-tagemem Arew)
22. Due C-.w A." IRA V--t No

THE
Z) 0
APPLICANT 40
C(407101111 _C11
T AT b
0
a 71rPEONAMEANDTIT4.9 r"A'111119 C DATI1610ftlo
T
TIP"Na 9710, 41RHN Dow
TOLIVI

24 AGENCY NAME XL APOLICA- YW Adbat,, V*v
Fedt,,! Frm.frm) Arr.,@, IF 116141 1"0"
$11ICIOVIED is
26 UNIT 17 ADMIWISTRA?IV9 OFFICE 2111. PROCRAL APPLICATION
101.141111PICATION

P. 21 ADDRESS 30 FEDERAL GRANT
v SPENTSPICATICVN

11. AC I ION TAKEN 32 V. 34 bigm- 04,
IF am?"Who
4 OF AVVA 11101 D 0f1mahL 1 00 13 ACTION PATI 0. It
lt
DO114CHIAL 28 5-31 V-
0 bRUIC71tv bAPPLILAPVT 00 ib CO.TACi C;i . -Do.
INFORMATION 10WO.%O
00 'N.- $@v -.p.o^v @If DATE
0, Ott 7 URNE [) F ON CSTATE
AMt. NOW N't .19
dLO(.AL 00 37 RIWAAKSADOW
(3 Ire, D lie
C11181THORAWN ITOTAL 9
T-6142K RAL AC-FftCV &.10, O.P.CIAL
04 It'AL *A4 t`%CV

PIMA Fw-Wd ivaci 0 474 i14d, For I a,$ P.P.

Source: FEMA, 1981, Handbook for Applicants, p. G-1.
13
UGCR
_ER :IE

Figure 3: FEMA Project Application Form (continued)

3k, PART I (9wanwal FEMA Agreement No. P,A. No. Svp No.

391o. Projea Summary (Based on Awl It of 0#4 applicittion)

AMOUNT AMOUNT AMOUNT
REOVESTED sly APPROVED ey APPROVED JlY
APPLICANT STATE FEMA

A. Nbrit clearance
9. Fivotective Mossofft
C. Road 3"tenris
D. Water control Faahin
E. Public BuiWinge wd Equiponfin
F. Public Utiloon
G. Facilities Under Construction
H. Private Nonprofit Facilitin
1. Other Damagas [Not iticlud0d in above cateigionini

TOTAL

4o, Funding (plam More)
APPLICANT STATE FEMA
REQUEST APPROVAL APPROVAL
Small Project Grant fln-fift Contribwliprf) 0 0 0
Flexible Funding Grant 0 0
Advance of Funch 0 0
cetwowical Grant 0
Advance of Funds

41. Approved by Governor's &Ihorizod Representative

(Date Recariverd!) (Dart AMmwdl Istrutuirl
42. Approved by FEMA

I'Dite Received) (Date Approod) Isloaturel
43. Remarks (Reference application Pon and Item Numbier a *ppropfiare. Arrech additional shern owlen twesurvi.

44. PART It - PROGRAM NARRATIVE
L- fArrech Dam4pe, SLonvv Roporn (FEMA Form POL321 to docurrwrwr fully and support this application)
FEMA Foen 90-442180 Few 3 of 0 siorm

The Project Application also provides the formal record of review and approval

by FEMA and the state emergency management agency. It must be signed by the

applicant's authorized representati'@e. (See Figure 4). The application must

be submitted to FEKA's Regional Director within 90 days of the Presidential

declaration of a major disaster or within 30 of an emergency declaration.

Local officials should keep in mind that, under current FEMA policy, the

Federal government will only fund up to 75 percent of the eligible cost of

repairs to public facilities.

Once a Project Application is approved and FEMA makes the various forms

of public assistance available to the local government or state agency, FEMA

maintains standards for project administration, which include project comple-

tion'deadlines, progress reports, and cost overruns. In a community where an

emergency has been declared, Federal assistance typically ends one month after

the initial Presidential-declaration. Where a major disaster has been de-

clared, Federal assistance for emergency*work typically ends six months after

the declaration and Federal assistance for permanent work ends after 18

.months. Recipients must submit progress reports if there are any delays that

would make a project run past the deadline or if the recipient faces cost

overruns. FEMA or other Federal and state agencies may conduct periodic:

inspections of selected projects to make sure that work is progressing in a

timely fashion and according to the appropriate standards and procedures.

As work on a project ends, the recipient notifies the Governor's

Authorized Representative, who arranges for federal or state personnel to make

a final inspection of the work In each category of funding. The Final Inspec-

tion Report (Figure 5) documents the completion of work and is required for

the recipient to be reimbursed for the cost of repairs. A project that does

not exceed $10,000 usually does not require a final inspection.

Figure 4: FEKA Applicant's Agent Designation Form

09810NATION OF AMICAN" AUNT

61110LUT1001

BE TT ILESOLVZD BY or
(Governing Body) (Public Entity)

THAT
(Name ofincumbent) (ortickil Position)
OR
41 (Name of Inminbent) . Governoes Authorized Representative.
is hereby authorized to execute for wW in behalf of
. a public entity artablished under the laws of the State of
Ws application and to We It in the appropriate State oMce for the purpose of obtaining certain Federal firuiricia]
Lwistance under the Disaster Relief Act (Public Law 288, 93rd C4,ngresj) or otherwise available trow the President's
Di&Lrw Relief TAmd.
THAT a public entity established under the Is ws of the State
of hereby authorizes it& agent to provide to the State and to the Federal
Emergency Management Agency (FE.MA) for all matten pertabiing to such Federal disaster assistance the assurances,
and apeements printed on the reverse aide bereof.

Passed and approved Um day of

(Name and Mie)

(Name and Title)

(Name and TUk)

CaRrIFICATION

duly appointed and of
Mile)

do hereby certify that the above Is a true and correct copy of a
"GolutJon passed and approved by the (Go LvmLr4 i@@d-y) of (Public Entity)

an the day of 29_.

Date:

(01ricW Position)
*N.-,m of,%rumbent nef not jW.-V.jjj 'n '40 rawt "iW" she love'"Ans &@d) ofthe pwblic 0""@V 4rjorl to swifto,lat *my W-ftnIAW111
OfAe rwred offk&.1ponto. to

F9"A Fomm 2043. WAR 11

Source: FEM-A, 1981, Handbook for Applicants, p. H-1.

Figure 5: FENA Final Inspection Report Form

re.ft ^gNommad
Due No
026 loom
PIDARAL EMERGENCY MANAGEMENT AGENCY DECLARATION NVUSER AND DATE -
@VISASTER RESPONSE AND RECOVERY
FINAL INSPECTION REPORT APP'L ICAT ION No. 060.

TO; FEDERAL EMERGENCY FROM: (Alenry erAllor Sweat ad locsHm;
MANAGEMENT AGENCY
REGION

S. TYK OF FVNDING. 0 CATEGORICAL 0 PLIXIDLI 0 SWALL. P940JI C; DIRANT

I. INSPECIEDWORK
CAT. ITIM DISTE DAYS INSURANCE APPROV90 PA REPORTED CONTRACT/ SCOPE OF WORK
COMPLETED INSPECTED 1111ITTLIMIN? COST ESTIMATE COST POPICE ACCT (Repo" C900wesi

4. INSPECTOR $I To IFIDIRAL
L Did you personally inspect each hem of completed work? .................................. YES No Ivas No
b. Did you review and utilize opplicall!e Damage Survey Reports? ...............................
c. Did you review and utilize applic4VIS FEMA Engineefing Analyses? .................. e.. I
d. Did you review and utilize &MlcAbia Applicant's Documentation? ....................
a. Did you evpr make any prior inspectiom o.! any of these vvork items? . ............... f
CERTIFICATION

The above item(s) in the project application for the rate;ory of work shown has been inspected and certification is hereby mods that the
work has been completed as approved therein, except as noted above,

F EOER&4. iNSPECToot jS(jftfIIff ond'nfkj (Fedeml Ajemey) (Dole) FEIAA SM"

STATE irdspecToR isarpierwe and ntkj (Sort ABestryl I N IT I ALS

RCPAESERT'lifl-Wi taste) DATE

FRUA POPIk" So." I"01)

d
Source: FERA, 1981, Han book for ApOicants, P. K-10

After the Final Inspection Report is completed and receives approval, the

recipient files a Request for Reimbursement (Figure 6), attaching a listing of

completed line items and their costs. The same form can be used to request

advance payments as well as reimbursements. It is the final claim for the

reimbursement of costs for all repair and reconstruction projects eligible and

approved under FEMA's disaster assistance program.

Throughout the damage assessment-grant application-project administration-

reimbursement process, it is essential for the local government to maintain

detailed records. Records pertaining to damage assessment and repair costs

should be well organized and contain accurate documentation. Damage Survey

Reports should be accompanied by photographs, sketches, and,property informa-

tion; unsalvageable damaged equipment should be retained for inspection by

survey teams. Records should be maintained to document repair costs that are

contracted out or borne by the local government itself; this should include

,time sheets, equipment use schedules, and invoices when local staff and

financial resources are expended. These local expenditures may apply to the

25 percent contribution required of local and state governments under FEMA's

public assistance program.

In addition to funding local repair and reconstruction projects, the

Federal government may deploy its own personnel and equipment to perform
emergency'work if local and state personnel and equipment are inadequate.

To obtain this direct Federal assistance, the local government or state agency

must submit a request to FEMA's Regional Director, via the Governor's

Authorized Representative, within ten days after the Presidential declaration.

The request takes the form of a resolution by the local governing body (or

body governing a state agency) accompanied by a statement of why the work

cannot be conducted with local or state resources. Local government budget

Figure 6: FEMA Request for Reimbursement Form

REOUEST FOR ADVANCE
OR REIMBURSEMENT 3 "Wol -60,ASI
'." Do Leest
0-1@7 "I., - 0C.S.
*' a', 11.16 -
0 0..".'. C) -cc a.-,
3 #got.., pooow.'@G.rf@c' 0. 0'.
411.0-vto '[email protected] .1,oool . ?-IS 410-All
too 04..@ "A f..

41C.' 1@' S 4 -1 0 .9-ts,
oo-oocooloo
'Djo," .14 ..0.,- @ -

Flooooo

oow S_

Goao

no -lawea'sc,

TOTAL

voooo@

16 a o.,

ft.. P_' Sto
CIPANTISICATICIP,

6_.'w

T1 --flool
10

so.), -3 0.

Source: FEMA, 1981, Handbook for"Applicants, p.

constraints are not considered a sufficient cause for receiving direct federal

assistance. FEMA's Regional Director will either approve or deny the request

or, if the request falls under the mission of another federal agency, refer

the request to that agency.

Figure 7 illustrates the timetable under which FEMA's disaster assistance

procedures op erate. It includes deadlines for damage surveys, project appli-

cations, and project completion.

At the tame time that local governments and state agencies are applying

for Federal disaster assistance, FEMA's Interagency Regional Hazard Mitigation

Team conducts its analysis of damages in the community, identifies opportuni-

ties for hazard mitigation, and issues its report recommending certain actions

to be taken by Federal, state, and,local agencies. Section 406 of the

-Disaster Relief-Act requires, as a condition of any disaster loan or grant

made under the provisions of the Act that the state or local government comply

with these recommendations for hazard mitigation, which may Involve flood

control measures, land use regulations, or'construction standards. These

.requirements are discussed in Part 1, under the heading "Technical Assistance

for Hazard Mitigation."

The procedures discussed in this introductory section are activated by a

Presidential declaration of an emergency or a major disaster. Certain types

of Federal-ass;istance are available to local governments under their own

authority independent.of a Presidential declaration of an emergency or a major

disaster (see Part II). The procedures for receiving such aid vary, as.these

programs,are administered by separate Federal agencies. FEMA plays less of a

coordinating function when there is no Presidential declaration.

Figure 7: Timing of Federal Disaster Assistance Activities

Activity Days 0 15 30 45 90 105 ISO 540
(3 mos) (6 mos) (18 mos)

Disaster Event x

Preliminary Damage
Assessment

Pres. Declaration x

Establishment of Field
Offices & Applicant
Briefings

Damage Survey Reports

Project Applications
and Approvals*

Project Completion &
Final Inspection:
-Emergency" work
"Permanent" work

Interagency Reg. Haz.
Mitigation Team
Recommendations
Progress Report

Section 406 Planning
Survey
Plan

*Thirty-day deadline if only an "emergency" is declared, not a "major disaster."

Adapted from: FEMA, 1981, Flood Hazard Mitigation: Handbook of Common Procedures, p. 1-5.

PART I

Federal Assistance Available to Local Government Pursuant -to a
Presidential Declaration of a Major Disaster or an Emergency

There are five major categories of assistance administered by the Federal

Emergency Management Agency pursuant to a Presidential declaration of a major

disaster or an emergency. They are:

1. Public Assistance

2. Community Disaster Loans

3. Temporary Housing

4. Disaster Unemployment Assistance

5. Individual and Family Grants

The first two of these, Public Assistance and Community Disaster Loans, provide

funding-directly to local governmental bodies. Community Disaster Assistance

Loans are loans to communities to replace tax revenues lost due to a natural

disaster. Aid available through Public Assistance falls within several cate-

gories:

1. Debris Removal

2. Emergency and Protective Measures

3. Roads and Bridges

4. Water Control

5. Public Buildings

6. Public Utilities

7. Facilities Under Construction

S. Timber Removal

9. Technical Assistance for Hazard Mitigation

10. Crisis Counseling Assistance and Training

The first two of these, Debris Removal and Emergency and Protective Work, are

considered emergency assistance and are available under either aTresidential

declaration of an emergency or a major disaster. The latter categories are

classed as permanent work and are available only pursuant to a declaration of

a major disaster.

This section of the Handbook first discusses the assistance available

directly to local governments through the Public Assistance and Community

Disaster Assistance Loan programs. The Temporary Housing Assistance, Disaster

Unemployment Assistance, Individual and Family Grant Assistance, and Assistance

for Private Non-Profit Facilities programs are discussed in Part III.

In addition to programs administered by FEMA, there are programs admini-

stered by other agencies that are available to local governments pursuant to a

Presidential declaration of a major disaster or an emergency. These are dis-

cussed next. They include Emergency Relief for Federal-Aid Roads available

throug h the Federal Highway Administration and School Construction, Mainte-

nance, and Operation Assistance available through the Office of Elementary

and Secondary Education in the Department of Education. A final program of

possible significance is Title VIII-- Economic Recovery for Disaster Areas--

of the'Public, Works and Economic Development Act of 1965, as amended by the

Disaster Recovery Act of 1974. This program provides a statutory basis for

Federal assistance for the economic recovery of a major disaster area, after

the period of emergency aid and replacement of facilities and services.

PUBLIC ASSISTANCE

Debris Removal

After a declaration of a major disaster or an emergency, grants may be

made by FEMA to state or local governments for the removal of debris and

wreckage under section 403 of the Disaster Relief Act, codified at 42 U.S.C.A.

� 5173 [See Appendix 1). Grants may be made to state or local governments for

debris removal or, in certain situations, Federal agencies may clear debris

when the situation is beyond state and local capability. Such direct Federal

assistance requires an unconditional authorization for such removal and

indemnification against any claims for the removal activity.

Federal assistance to state and local governments for debris and wreck-

age removal from public and private property is available when such removal

is found to be in the "public interest." Public interest considerations

include the following:

(a) necessary to eliminate a hazard which threatens health,
life, and property;

(b) necessary to eliminate a hazard which threatens substan-
tial destruction of undamaged property;

(d) benefit derived, directly or indirectly, by the community
at large.

Individualand nongovernmental entities are not eligible for reimbursement for

debris removal from their own property but they may have debris removed by

state and local governments when in the public interest. Local governments

should remove debris from property when in the public interest and when within

their capability. They should also keep financial records to document debris

removal expenditures and the salvage value of debris or wreckage cleared

under an application for public assistance, which is deducted from the Federal

contribution.

Emergency and Protective Measures

After a declaration of a major disaster or an emergency, technical

assistance may be made available to state or local governments to provide

emergency protective measures to save lives, remove health and safety hazards,

and to protect property from additional damage, including vector control and

search and rescue operations. This assistance is available through FEMA under

authority of section 305 of the Disaster Relief Act, codified at 42 U.S.C.A.

1 5145.

Included in emergency assistance available through FEMA following a

Presidential declaration or an emergency are Food, Water, and Shelter

Assistance and Emergency Public Transportation. Following a declaration, FEMA

may arrange for specialists from appropriate Federal agencies to assist and

advise local governments in (1) surveying the availability of local food and

supplies; (2) supervising the storage, transportation, and distribution of

consumer goods and commodities; (3) sheltering operations; (4) providing

potable water for emergency drinking and cooking purposes. FEMA may also

provide emergency public transportation services to governmental offices,

supply centers, stores, post offices, schools, major employment centers, and

other places as necessary when such services have been severely disruped.

Applications or requests for these emergency services and assistance

should be submitted through the Governor's Authorized Representative to the

Regional Director of the Federal Emergency Management Agency.

Perman6nt Work

After a Presidential declaration of a major disaster, grants are avail-

able through FERA, pursuant to section 402 of the Disaster Relief Act of 1974,

codified at 42 U.S.C.A. �-5172, to state or local governments in areas

designated eligible for assistance, in order to repair, restore, reconstruct,

or replace public facilities which have been damaged or destroyed. The

Federal contribution is based upon the design of the facility as it existed

immediately prior to the disaster and is made in conformity with applicable

specifications and standards. Under the Act, "public facility" includes any

publicly owned flood control, navigation, irrigation, reclamation, public

power, sewage treatment and collection, water supply and distribution, water-

shed development, or airport facility; any non-Federal-aid street, road or

highway; any other public building, structure, or system including those used

for educational and recreational purposes, and any park. Grants may be

approved for eligible public facilities which were in the process of construc-

tion and were damaged or destroyed by the disaster.

Timber Removal

After a Presidential declaration of a major disaster, grants are avail-

able to state and local governments for the purpose of removing damaged timber

from privately owned lands, when removal of such timber is found to be in the

public interest. The state or local government is authorized to reimburse any

person for expenses incurred in removing damaged timber; however, the reim-

bursement is not to exceed the difference between the incurred expense and the

salvage value of the timber. This program is authorized by section 418 of

the Disaster Relief Act, and codified in 42 U.S.C.A. � 5188.

Technical Assistance for Hazard Mitigation

Following a Presidential declaration of a major disaster, states and

local governments are eligible for technical assistance to identify and

evaluate natural hazards In disaster areas and to recommend appropriate hazard

mitigation actions. Hazard mitigation programs are authorized by sections

201 and 406 of the Disaster Relief Act and are codified, respectively at

.42 U.S.C.A. � � 5131 and 5176. The regulations implementing section 406 are

found in 44 C.F.R. Subpart M, sections 205.400 et seg.

In addition to providing Federal assistance in hazard mitigation planning,

section 406 requires state and local governments receiving Federal disaster

assistance to evaluate natural hazards in the disaster area and to take

appropriate action to mitigate them. The Disaster Relief Act, and the regula-

tions promulgated thereunder, outline a process for Federal, state, and local

cooperation in evaluating hazards in the community and in selecting reasonable

and effective measures to mitigate the effects of future disasters. This

process culminates in the development of a Hazard Mitigation Plan, which the

state submits to FEMAls Regional Director 180 days after the Presidential

declaration.

The Section 406 Hazard Mitigation Plan has three primary goals:

1. To follow-up, in detail, recommendations of the Federal/
state/local survey and planning teams and the Interagency
Regional Hazard Mitigation Team;

2. To establish both immediate and long-term planning
frameworks for implementation of hazard mitigation
efforts;

3. To recommend hazard mitigation alternatives for local,
state, and Federal agencies.

In meeting these goals, FEMA relies on the Federal-State Disaster Assistance

Agreement, a joint Federal/state/local survey team, and a joint Federal/state/

local planning team.

Under the Section 406 regulations, FEMA's Regional Director must include

hazard mitigation in the Federal-State Disaster Assistance Agreement as a con-

dition to state and local governments receiving relief funds. The state

typically agrees (1) to evaluate natural hazards in the disaster area (or have

-the local governments applying for aid do so), (2) to follow up with appli-

cants to ensure that they take appropriate actions to mitigate the hazards,

(3) to review and update portions of emergency plans dealing with mitigation,.

and (4) to prepare and submit a Hazard Mitigation Plan for the disaster area.

The joint Federal/state/local survey team is composed of Federal, state,

and local Hazard Mitigation Coordinators which are appointed by the FEMA

Regional Director, the Governor's Authorized Representative, and the local

government applying for aid. The survey team uses information from site

visits, Damage Survey Reports, and the Interagency Hazard Mitigation Report to

identify significant hazards and their impacts. and to evaluate and recommend

specific hazard mitigation measures. The survey team submits its recommenda-

tions to the FEMA Regional Director and the Governor's Authorized Representa-

tive.

The joint Federal/state/local planning team is set up in the same manner

as the survey team,,often with the same persons sitting on both. The planning

team evaluates state and local hazard mitigation plans and programs to see if

they are effective at avoiding future disasters., Based on this evaluation,

and the survey team's findings, the planning team prepares the Section 406

Hazard Mitigation Plan, which the Governor's Authorized Representative submits

to the FEKA Regional Director. The Regional Director.can then require the

local or state government to update or develop appropriate hazard mitigation

measures.

Under the Section 406 regulations, FEMA can approve or prescribe various

hazard mitigation measures as a condition for issuing Federal disaster aid.

These measures include land use regulations, construction standards, and other

methods of avoiding the hazard. Land use regulations may include requiring

facilities to locate outside of high hazard areas as well as other steps to

protect'indiVidual facilities and to discourage development in high hazard

areas. Construction standards will include those of the National Flood

Insurance Program as well as state and local standards which the joint.survey

and planning teams might recommend. The FEMA Regional Director can deny

funding for the repair or reconstruction of'a building in a high hazard area

where the structure would be subject to repeated damage or where's practical

alternative location exists outside the high hazard area.

Crisis Counseling Assistance and Training

Section 413 of the Disaster Relief Act of 1974, (42 U.S.C.A. � 5183),

provides that following a Presidential declaration of a major disaster,

professional counseling services to victims of a major disaster and training

of disaster workers to provide or.assist in providing professional counseling

services be made available through the National Institute of Mental Health. This

assistance is available either directly or through financial assistance to State

or local agencies or private mental health organizations capable of providing

professional mental health crisis counseling services or mental health training

of disaster workers. The standards and procedures that implement this program

are set out in 42 C.F.R. � 38.1 et seg. [See Appendix II.]

CO@ZfUNITY DISASTER LOANS

A local government which suffers a substantial loss of revenues as a

result of a major disaster and which has a demonstrated need for financial

assistance in order to perform its governmental functions may be eligible

for federal loans under section 414 of the Disaster Relief Act, 42 U.S.C.A.

5 5184. Through this program, loans not in excess of 25 percent of the annual

operating budget of a local government for the fiscal year in which the

disaster occurs are made available. Repayment of all or any part of such

loan may be cancelled to the extent that revenues of the local government

during the three fiscal years following the disaster are insufficient to

meet the operating budget of that local government because of disaster-

related revenue losses and additional disaster-related municipal operating

expenses. Loan computation is based on the difference between estimated

receipts of tax and other revenues considering the effects of the disaster

and upon the predisaster revenue estimates of the local government. Only

one loan per local government may be approved, either for the fiscal year of

occurrence or the fiscal year immediately following.

NON-FEMA PROGRAMS

Two important programs that may be available to local governments follow-

ing a Presidential declaration of a major disaster, but which are not admini-

stered through the Federal Emergency Management-Agency, are Emergency Relief

for Federal-Aid Roads and School Construction, Maintenance, and Operation

Assistance.

Emergency Relief for Federal-Aid Roads

This program is administered through the Federal Highway Administration,

and assists States and local governments in repairing or reconstructing high-

ways and appurtenant structures on the Federal-aid highway system which have

suffere d serious damage as the result of a natural disaster. The Federal

Highway Administrator may provide emergency funds through a State highway

agency for the repair or reconstruction of damaged elements of the Federal-

aid highway system, following either a declaration of emergency by the

Governor of an affected State or a declaration of a major disaster by the

President.

Local governments may apply to the Federal Highway Administration through

the State highway agency. The statute creating the program is found in 23

U.S.C.A. � 125, (see Appendix I) and the regulations promulgated pursuant to

this statute to implement the program are'found in 23 C.F.R. � 668.101

et seq. (see Appendix II).

School Construction, Maintenance, and Operation Assistance

This program is administered by the Office of Elementary and Secondary

Education in the Department of Education. Following a Presidential declara-

tion of a major disaster, local educational agencies may submit requests for

assistance to the Secretary of Education, through the State educational agency

for Federal assistance. Two types of assistance are available: -school con-

struction, authorized by 20 U.S.C.A. � 646, and school maintenance and opera-

tion, authorized by 20 U.S.A.C.A. � 241-1.

School construction assistance is provided to construct and equip school

facilities damaged or destroyed by a major disaster. The program includes a pro-

vision to provide facilities for children who attend private schools destroyed

by a major disaster but which have hot been or will not be rebuilt. School

maintenance and operation assistance aids school districts in maintaining the

level of education which existed before the disaster when a deficiency occurs

due to increased costs and loss of revenue; for additional costs to educate

children who formerly attended private schools; for debris removal and cleanup,

minor repairs to buildings and the repair or replacement of equipment and

supplies; and to provide temporary facilities.

ECONOMIC RECOVERY FOR DISASTER AREAS

Title VIII-Economic Recovery for Disaster Areas--created by the Disaster

Relief Act of 1974, 42 U.S.C.A. � � 3231 to 3236 (see Appendix I) is a program

which was created by Congress to provide assistance for the eomomic recovery,

after the period of emergency aid and replacement of facilities and services,

of a major disaster area which has suffered severe economic dislocation. The

funding for the program (Section.3236) has been repealed, however the progra m

is still in existence.

Summary

The following is a summary of the Federal assistance programs available

directly to a local government pursuant to a Presidential declaration of a

Major Disaster:

1. Clearance of debris, wreckage, and damaged timber from
public or private lands and waters;

2. Emergency protective measures for the preservation of
life and property;

3. Repair or replacement of roads, streets, and bridges;

4. Repair or replacement of water control facilities (dikes,
levees, irrigation works,.and drainage facilities);

5. Repair or replacement of public buildings and related
equipment;

6. Repair or replacement of public utilities;

7. Repair or restoration to predisaster condition of public
facilities damaged while under construction;

.8. Repair or restoration of recreational facilities;

9. Technical assistance in identifying and evaluating
natural hazards and recommending mitigation actions;

10. Professional counseling'services to victims and training
of disaster workers, either through direct assistance
or through financial assistance to state or local
agencies;

11. Disaster loans to communities that suffer a substantial
loss of tax and other revenues and have demonstrated a
need for financial assistance in order to perform their
governmental functions;

12. Repairs and operating assistance to public elementary
and secondary schools;

13. Use of Federal equipment, supplies, facilities, per-
sonnel, and other resources.

In the case of a Presidential declaration of an Emergency, the following

assistance may be made available to local.governments:

1. Emergency mass care, such as emergency shelter, emergency
provision of food, water, and medicine,*and-emergency
medical care-,

2. Clearance of debris and wreckage to save lives and protect
property and the public health and safety;

3. Emergency protective measures. including search and
rescue,- demolition of unsafe structures, warning of
further risks and hazards;

4. Emergency communications support to state and local
goverrment officials; and

5. Emergency repairs to essential utilities and facilities
as necessary to provide for their continued operation.

Part II

Federal Assistance Available to Local Government Under Its Own Authority
Independent of a Presidential Declaration of a Major Disaster of an Emergency

There are a variety of sources of Federal assistance to local governments

that are not contingent upon a Presidential declaration of a major disaster or

an emergency related to flood and hurricane damage prevention and recovery.

These assistance programs fall into two broad categories; immediate assistance

to protect life and property, and relief and recovery assistance.

Immediate Assistance

Three separate Federal agencies may provide emergency assistance during

a flood or hurricane.

The United States Army Corps of Engineers provides emergency assistance

as required to supplement local efforts and capabilities in time of flood or.

coastal storm. Upon request by state or local agency to the Army Corps of

Engineers local District or Division Engineer, the Corps offers specialized

emergency assistance in all phases of flood fighting-and rescue operations

when state and local efforts and resources are being utilized to their maxi-

mum extent.

The United States Coast Guard is available to conduct search and rescue

operations, medical evacuations, and disaster relief services and flights at

the request of State Civil Defense authorities.

The Military Assistance-to Civil Authorities (MACA) program makes mili-

tary support available to civilian authorities during a natural disaster.

During Hurricane Iwa, in November 1982, the military provided manpower,

equipment and supplies, including heavy lift helicopters, to assist the

Hawaiian electric company in restoring transmission lines; provided trucks

and equipment for road clearing and debris removal; and provided generators,

water trailers, food, fuel, and ice.

Relief and Recovery Assistance

In addition, there are several Federal programs that are not dependent

upon a Presidential declaration of a major disaster or an emergency, which

provide local governments with non-emergency assistance related to reduction

of and recovery from hurricane damage.

Rehabilitation of Flood Control Works and Federall@ Authorized Coastal

Protection Works, provided by the U.S. Army Corps of Engineers, is available

both to owners of damaged protective works or to State and local officials of

public entities responsible for their maintenance, repair, and operation,

upon request to the District or Division Engineer for the jurisdiction. The

Army Corps of Engineers provides services for the repair and restoration of

flood control works damaged by floods and of federally-authorized shore pro-

tection works damaged by extraordinary winds, wave or water action. Assistance

does not include major improvements of flood control or shore protection

structures, or reimbursement of individuals or communities for funds expended

in repair or rehabilitation efforts.

Emergency Bank Protection, provided by the Army Corps of Engineers offers

protection for highways, highway bridges, and essential public works endangered

by flood-caused erosion. State and local officials may apply to the District

or Division engineer of the Army Corps of Engineers for the jurisdiction for

design and construction assistance for bank protection projects. Federal

cost limit is $250,000.

Federal Flood Insurance Program

In addition to the Disaster Relief and Recovery Program administered by

the Federal Emergency Management Agency, FEMA administers the Federal Flood

Insurance Program, which provides federally-subsidized insurance for structures

in flood-prone areas.

The National Flood Insurance Act of 1968, as amended by the Flood Disaster

Protection Act of 1973, establishes a program of subsidized flood-insurance for

existing properties in identified flood hazard areas. In return, local and

state governments enact and enforce comprehensive floodplain management; which

typically involves land use controls and construction standards, and other

techniques--applied within flood-prone sections of a community, (i.e., within

the 100-year floodplain). The primary purpose of the program is to.reduce the

amount of developed property exposed to flooding and to thereby reduce annual

flood losses.

The Flood Insurance Program contains two elements of particular interest

to local officials concerned with post-disaster recovery programs. These are

the constructive total loss policy and section 1362 of the National Flood

Insurance Act (42 U.S.C.A. � 4103--see Appendix I).

The constructive total loss program covers those cases where property is

not totally destroyed but has lost its economic value. It requires the full

cooperation of the property owner and of the local government involved. This

allows the Federal Insurance Agency to declare the property a constructive

total loss and pay the owner's claim up to the policy limit even though the

actual damages do not equal the amount covered by the policy. The owner must

then rebuild outside the flood hazard area. The property is dedicated to the

community for open space use. To date, this approach has seen limited use. .
A variation of the constructive'total loss approach was recently used in

Nags Head, North Carolina to relocate approximately 14 oceanfront homes which

faced imminent collapse due to storm-induced erosion. Several oceanfront

homes in South Nags Head were damaged by a storm to a point where the next

major storm was certain to erode the land beneath them and cause them to

.collapse. The FIA could have simply paid the claims to repair the buildings

to their original condition in their original locations. However, the FIA

realized that this would result in another claims payment after the next

storm and sought a more far-sighted solution. The FIA, in cooperation with

the homeowners, settled the claims to pay for moving the damaged homes back

from the rapidly eroding shoreline, yet still.op the owner's lots, and out of

the area posing the greatest hazard in future storms. The decision saved the

FIA about $775,000 in future claims.

The second program, Section 1362, empowers the FIA to purchase insured

properties that have been seriously damaged by flooding, to move the damaged

structures, and to transfer the land as open space to a state or local govern-

ment agency. As with the "constructive total loss" approach, the Section 1362

program relies on the full cooperation of the property owner and the local

government. In order to qualify for-purchase under Section 1362, the damaged

property must be covered by a flood insurance policy and must meet one or

more of the following criteria:

1. Damaged by flooding "substantially beyond repair";

2. Damaged by flooding no less than three times in the
past five years, where the average cost of repairs was
no less than 25 percent of the value of the structure;
and

3. Damaged to an extent where an existing statute, ordinance, or
regulation prevents its restoration or allows its restora-
tion only at a significantly higher cost.

The property owner can use the money.from-the sale to rebuild at another loca-

tion outside the flood hazard area. Structures.which meet the above criteria

must also show an economic benefit to be gained through acquisition of the

property (such as avoiding future damage and reducing flood insurance claim

payments and disaster relief costs).

The FIA also maintains eight "community selection factors" for allocating

Section 1362 funds (see Table 11-1). A community does not need to meet all the

Table'II-1: Community Selection Factors for the
Section 1362 Program

1. The permanent removal of flood-prone structures will contribute to exist-
ing, on-going programs for permanent evacuation of flood plains.

2. In addition to hazard mitigation, acquisition will contribute to the
I
achievement of multiple community development goals-(such as environmen-
tal protection, open space/recreati.on, urban renewal, or some other public
purpose).

3. The acquisition and relocation of flood-prone structures will have an
economic benefit in terms of eliminating future flood insurance claims,
avoiding future damage, reducing future disaster relief costs, avoiding
business interruption, and reducing loss of life.

4. The distribution of properties to be acquired under Section 1362 (or the
distribution of these properties combined with properties that can be
acquired through other programs) will result in a logical, usable, and
desirable land use pattern.

5. Alternatives to acquisition under Section 1362 have been investigated and
found to be less effective than Section 1362 in meeting the community's
floodplain management and hazard mitigation goals. These alternatives
could include, but are not limited to, floodproofing, structural flood
protettio'n, or acquisition and relocation programs of local, state, or
other federal agencies.

6. The community has undergone a planning process and found acquisition/
relocation to be the most desirable alternative in terms of cost, degree
of flood protection achieved, environmental enhancement, and other
factors.

7. The. community has demonstrated, or agreed to pursue, an ac tive program of
sound floodplain management which exceeds the minimum requirements of the
National Flood Insurance Program.

8. The community can actively participate in the planning and implementation
of the Section 1362 program through the provision of either financial or
staff resources.

factors. Some of the factors carry more weight than others when the FIA is

evaluating the community for participation in the program. A community's

ability to rank highly on these criteria is an important factor in obtaining

funding, especially since overall funding for the program has been limited.

Congress did not appropriate money to administer Section 1362 until 1980,

when it allocated 5.4 million dollars for Fiscal Year 1980. Subsequent

appropriations have been as follows: FY 81--five million dollars; FY 1982-

1.6 million dollars; and FY 83--4.8 million dollars (projected). The commu-

nity seeking Section 1362 funds must also submit a "re-use plan" outlining

how the community will manage the acquired land and indicating any changes

it expects to make in existing land use plans and ordinances to accommodate

the uses it proposes for the acquired properties.

The Section .1362 program has been used more widely than the "constructive

total loss" approach. After the devastation of Hurricane Frederic in 1979,

the Flood Insurance Administration used about one million dollars in Section

1362 funds to acquire five damaged beach properties in Gulf Shores, Alabama.

The FIA then conveyed title to the town, adding 3.5 acres to the public beach.

In 1980, the FIA used $500,000 in Section 1362 funds to purchase 16 beach-

front lots in Scituate, Massachusetts, which were severely damaged in 1978 by

the most destructive northeaster to ever hit the Massachusetts coast. The

lots are now managed by the town as recreational beach and conservation areas.

It appears that Section 1362 will be utilized by the City of Baytown, Texas,

following Hurricane Alicia in August of 1983, to prohibit restoration and

-reoccupancy of flood damaged property in the Brownwood Subdivision.

Since the Section 1362 program has dealt mainly with scattered damaged

structures in most communities where it has been used, local governments have

often used other sources (such as disaster relief programs) to supplement

Section 1362 funds in relocating damaged buildings. Planning before a major

storm occurs can help the community target its efforts and effectively pursue

sources of funding for post-disaster relocation projects. Such planning

should account for the hazardous areas present in the community, local recon-

struction policies, and the different sources of funding available.

Part III

Federal Assistance Available to Entities Other than Local-Governments
Following a Pres idential Declaration of a Major Disaster or an Emergency

This section describes Federal programs providing assistance to indivi-

duals, families, certain non-profit associations, and businesses pursuant to a

Presidential declaration of a major disaster or an emergency.

1. Repair or Restoration of Private Nonprofit Facilities

Section 402 of the Disaster Relief Act of 1974 authorizes Federal finan-

cial assistance to private nonprofit educational, utility, emergency, medical,

and custodial care facilities, including those for the aged or disabled, which

are damaged or destroyed by a major disaster. The program, administered by

FEMA, provides grants for repairing, replacing, reconstructing, or restoring,

facilities on the basis of their design immediately prior to the disaster and

in conformity with applicable codes, specifications, and standards.

Application is made by the private nonprofit organization through the

Governor's Authorized Representative to the Regional Director of the Federal

Emergency Management Agency.

2. Disaster Legal Services

Se ction 412 of the Disaster Relief Act makes free legal services avail-

able to low-income disaster victims who require legal assistance securing

claims to benefits arising out of a major disaster.

3. Individual andFamily Grants

Section 408 of the Disaster.Relief Act provides-grants to meet necessary

disaster-related expenses or serious needs which cannot be met through assis-

tance.from other sources. Individuals and families adversely affected by a

Presidentially-declared major disaster are eligible. The program is funded by

.75-25 percent, Federal-state cost sharing, with grants up to $5,000 per indi-

vidual. Application is made to the designated state agency at the Disaster

Assistance Centers, and after their closure, at the state agency for a 60-day

period after the disaster declaration. The program is administered by FEMA

through a select state agency.

4. Small Business Administration Physical Disaster Loans

The Small Business Administration makes guaranteed loans to repair or

replace damaged or destroyed realty, machinery, and equipment, household and

other personal property not covered by insurance, or in some instances to

refinance a mortgage or lien on destroyed or damaged real property if it is to

be repaired or replaced. Homeowners, renters with personal property loss,

business concerns, churches, private schools, colleges and universities, and

hospitals which have suffered physical property loss in an area designated as

eligible for disaster assistance are eligible to apply for the loans. Appli-

cations are made to the nearest regular SBA office.or to a special disaster

office. The program requires a Presidential declaration of a major disaster

or a declaration by the Administrator of the Small Business Administration.
5. Mobile Home Loans Insurance and Mortgaie Insurance - Homes for Disaster

Victims

The Department of Housing and Urban Development can guarantee or insure

loans to disaster victims for purchasing homes.

6. Adjustments to Federal Loans

The Department of Housing and Urban Development can refinance any loan

it has made when a property owner holding a HUD loan needs refinancing because

of damage to property caused by a natural disaster.

7. Unemployment Assistance

Section 407 of the Disaster Relief Act-authorizes job placement and

disaster unemployment assistance to persons unemployed as a result of a

Presidentially-declared major disaster. The program is administered by the

Department of Labor and the Federal Emergency Management Agency. Individuals

apply to the .state unemployment insurance office representatives at a Disaster

Assistance Center. Compensation under the program is limited to.the maximum

amount of payment under the unemployment compensation program of the state in

which the disaster occurred.

8. Emergency Farm Loans.

The Farmers Home Administration provides loans to assist farmers,

ranchers, and aquaculture operators to cover losses resulting from a natural

disaster and to return the operation to a financially sound position. Far-

mers, ranchers, and aquaculture operators who suffer severe crop losses or

property damage caused by a designated natural disaster and not compensated

for by insurance or otherwise may be eligible for these guaranteed loans.

The loans are available to repair, restore, or replace damaged or destroyed

farm property and supplies; to provide annual operating expensesfor up to

three years following the disaster; to refinance debts made nece ssary by the

disaster; and to finance adjustments in the operation necessitated by the

disaster to restore the applicant to a sound position equivalent to his pre-

disaster situation.

9. Aid to Major Sources of Employment

The Small Business Administration an4 the Farmers Home Administration

offer long-term, low-interest loans to help employers resume operations and

to help restore the economic vitality of a community. The program is de-

signed to enable major sources of employment resume operations in order to

assist in restoring the economic vitality of a disaster area.. Following a

Presidential declaration of a major disaster, any industrial, commercial,

agricultural or other enterprise which has constituted a major source of

employment in an area which has suffered a disaster and which is no longer

in substantial operation as a result of a disaster, may apply to the Small

Business Administration in the case of a non-agricultural enterprise, and to

the Farmers Home Administration in the case of an agricultural enterprise.

10. Economic Injury Disaster Loans

The Small Business-Administration provides loans to small business con-

cerns suffering substantial economic injury as a result of a disaster.' The
'$500,000 to he iness maintain it's working capital
loans provide up to lp/the bus
position and to meet financial obligations which it could have met if the

disaster had not occurred. Following a Presidential declaration of a major

disaster or a declaration by the Administrator of the SBA, a small business

as defined by the SBA may apply for these loans.

11. Adjustments to Federal Loans

Both the Department of Housing and Urban Development and the Veterans

Administration allow adjustments to loan requirements in order to assist the

victim of a natural disaster. After a Presidential declaration of a major

disaster, the agencies will consider refinancing loans to affected loanholders.

HUD also offers insured loans to finance the purchase of proposed, under con-

struction, or existing single-family housing for a occupant-mortgagor who is

a victim of a major disaster.

12. Temporary Housing

Section 404 of the Disaster Relief Act of 1974 authorizes that temporary

housing for individuals and families displaced as a result of a disaster be

provided. Following a Presidential declaration of a major disaster, indivi-

duals and families displaced from their homes may receive temporary housing

in the form of government, private, and commercial resources or grants for

minor repairs to owner-occupied structures. No rent is charged for the first

twelve months of occupancy. Temporary assistance with mortgage or rental

payments for persons faced with loss of their residence because of disaster-

created financial hardship is also available.

13. Food Stamp Program - Emergency Issue

The Food and Nutrition Service of the United States Department of Agri-

culture provides an emergency issuance of food stamps to households who are

victims of a,disaster which disrupts normal channels of food distribution.

Following a.Presidential declaration of a major disaster or an emergency,

applications are processed through the Federal Emergency Management Agency.

Appendix I

Pertinent Federal Statutes

1. Disaster Relief Act of 1974 ( PL 93-288 codified at 42-United States
Code Annotated � 5121 - 5202.

Code to Codification

Section of Act Section in U.S.C.A.

101 5121
102 5122
201 5131
202 5132
301 5141
302 5142
303 5143
304 5144
305 5145
306 5146
3 07 5147
308 5M
309 5149
310 5150
311 5151
312 5152
313 5153
314 5154
315 5155
316 5156
317 5157
318 5158
401 517)
402 5172
403 5173
404 5174
405 5175
406 5)76
407 5177
408 5178
409 5179
41o 5180
411 5181
412 5182
413 5183
414 5184
415 5185
416 5186
417 5187
418 5188
419 5)89
601 5201
605 5121
606. 5202

42 United States Code Annotated

CHAPTER 68-DISASTER RELIEF

SUBCHAPTER I-FINDINGS, DECLARATIONS,
AND DEFINITIONS

sec-
5121. Congressional findings and declarations.
5122, Definitions.

SUBCHAPTER 11-DISASTER PREPAREDNESS
ASSISTANCE

5131, Federal and state disaster preparedness programs.
(a) Utilization of services of otber agencies.
(b) Technical assistance for development of plans and programs.
(c) Grants to states for development of plans and programs.
(d) Grants for improvement, maintenance, and updating of state
plans.
5132. Disaster warnings.
(a) Readiness of federal agencies to issue warnings to state and
local officials.
(b) Technical assistance to %tate and local governments for effec-
tive. warnings.
(c) Warnings to governmenial authorities and public endangered
by disaster.
(d) Agreements with commercial comm'unications systems for
use of facilities.

SUBCHAPTER III-DISASTER ASSISTANCE
ADMINIST RATION

5141. Procedure for determination or existence of emergency or major di-
saster.
5142. Federal assistance.
(a) Coordination of fcfrml efforts in providing disaster assis-
tance; scope of services, rules. and regulalions.
(b) Waiver of administrative conditions for assiiitance.
(c) Damage to farm fencing; special assistance.
5143, Coordinating olTicers.
(a) Appointment of federal coordinating officer.
(h) Functions of federal coordinating officer.
(c) State coordinating'officer.
5144. Emergency support team%.
5145, Emergency assistance.
(a) Authority or 1're%ident.
241

I'LIBLIC Iff'AIXII AND WELFARE

Sec.
5145. Emergency assistance-Continued
(b) Technical assistance, advisory personnel.
(c) Other assistance.
5146. Cooperation of federal agencies in rendering disaster assistance.
5147. Reimbursement of federal agencies.
5148. Nonliability of Federal Government.
5149. Performance of services.
(a) Utilization of servicc% or facilities or %late and local govcm*
ments.
(b) Appointment of temporary personnel, experts, and consul-
tants; acquisition, rental, or hire of equipment, servim
materials and supplies.
5150. Use of local firms and individuals.
5151. Nondiscrimination in disaster assistance.
(a) Regulations for equitable and impartial relief operations.
(b) Compliance with regulations as prerequisite to participatiOn
by other bodies in relief operations.
5152. Use and coordination of relief organizations.
5153. Priority to certain applications for public facility and public housing
assistance.
5154. Insurance.
(a) Compliance with regulations requiring insurance coverage.
(b) Requirement of insurance coverage for assistance under cer,
tain provisions.
(c) Stale% electing to be self-insurers.
5155. Duplication or benefits.
(a) Financial a%sisiance under olhcr programs.
(b) Insurance compensation; partial compensation.
(c) Reimbursement of excessive assistance.
5156. Reviews and reports.
5157. Criminal and civil penalties.
(a) Fraudtilent or willful misrepresentation.
(b) Violation of orders and regulations.
(c) Misapplication of loans and cash benefits.
5158. Availability of materials.

SUDCHAPTER IV-FEDERAL DISASTER
ASSISTANCE PROGRAMS

5171. Federal facilities.
(a) Repair, reconstruction, restoration or replacement of united
States facilities.
(b) Availability or runds appropriated to agency for repair, recon-
struction, restoration, or replacement of agency facilities.
(c) Steps for mitigation of hazards.
242

CIL 68 DISMSTFR RELIEF

sec.
5172. Repair and restoration of damaged facilities.
(a) Public facilities of state and local governments.
(b) Nonprofit educational, utility, emergency, medical, and cus-
todial care facilities.
(c) Facilities under completion at time of di%aster.
(d) Definition.
(e) Maximum limit of grants.
(f) Decision by state or local government not to restore damaged
facilities; limit on federal contribution.
5173. Debris removal.
5174. Temporary bousing assistance.
(a) Rent free accommodations; utilities.
(b) Temporary mortgage or rental payments.
(c) Repair or restoration of owner-occupied residential struc-
tures.
(d) Sale of temporary housing acquired by purchase.
5175. Protection of environment.
5176. Minimum standards for public and private structures.
5177. Unemployment assistance.
5178. Individual and family grant programs.
(a) Grants to states.
(b) Matching grants by states.
(c) Regulations.
(d) Expenditure for administering grants.
5179. Food coupons and distribution.
(a). Persons eligible; terms and conditions.
(b) Duration of assisiance; faclors considered.
(c) Food Stamp Act provisions unaffected.
5180. Food commodities.
(a) Emergency mass feeding.
(b) Funds for purchase of food commodities.
5181. Relocation assistance.
5182. Legal services.
5193. Crisis counseling assistance and training.
5184. Community disaster loans.
5185. Emergency communications.
5186. Emergency public transportation.
5187. Fire suppression grants.
5188. Timber sale contracts.
(a) Cost-sharing arrangement.
(b) Cancellation of authority.
(c) Public notice orsale.
(d) Slate granis for removal of daniaged limber. reinihiir%cment
of expenses limited to %al%age value of removed fimhLr.
5189. Alternale contribution.
243

42 � 5121 PUBLIC HEALTH AND WFLFARE

SUBCHAPTER V-MISCELLANEOUS

See. -
5201. Rules and regulations; acceptance of gifts.
5202. Authorization of appropriations.

Cross References
A%%i,4jvtcc for vzonomic recovery or arcats affected by major di%asier ar defined under this chap-
ter, we weiiiiin 3231 or this tilk.
Ak%islanct rtcri,.ed under this chapter excluded firtim determination or supplemental security
income, we section 1382a of this 60c.
Assistance to states to reduce hazards of earthquakes. we section 7704 of this title.
Deduction from individual income tax of loss attributable to major disaster as determined un-
der this chAptcr. see section 165 of Title 26, Internal Revenue Code.
Displaced families or persons derined as families or pen-Ams di%p4wed under tW,; chapter rot
purrKisLs of mortgage insurance, we section 1715/ or Title 12, Banks and Banking.
Exemptions from endangered or threatened species and habitat requirements in PresidentiallY
declared disaster areas, see section 1536 of Title 16, Conwrvation.
Farm commodities or products made available to major disaster areas as determined under this
chapter, see smtion 1427 of Title 7. Agriculture.
Farm reserve inven.tories made available to major disaster areas as determined under this chOP-
ter, see section 1427a of Title 7.
Financial assistance for acquisition or construction purprvw% defined as including assistanct
received under this chapter, see section 4003 or this title.
Issuance and insurance of loans relating to farming. ranching, or aquaculture operations afTect-
ed by major disaster as determined under this chapter, am siection 1961 of Title 7. Agri-
Culture.
Imans to small businesses affected by major disaster as determined under this chapter. we $cc*
tion 636 of Title 15. Commerce and Trade.
1A)ans to veterans wcured by residentialpTOpcrty lost, destroyed, or damaged as result of major
disaster determined under this chapter. as giving rise to counseling and indulgence on
loan instrument, see section 1820 of Title 38. Veterans' Benefits.
Losses to tobacco products, cigarette papers and tubes due to major disast@r as determined
under this chapter. see section 5708 of Title 26, Internal Revenue Code.
Price support eligibility in areas declared disaster areas under this chapter, we section 1421 or
Title 7. Agriculture.
Reimbursements to states for funds made available to older individuals during major disaster
declared under this chapter. we section 30M) of this title.
Remove or removal defined as including assistance provided under this chapter, see secti(I"
9601 of this title.
Repair or reconstruction of highways as result of major disaster as determined under this chap-
ter, see section 125 of Tifle 23, Highways.
SpLcial rules for losses to distilled stvitits, wines, and beer. caused by major disaster as deter-
mined under this chapter. see section 5064 of Title 26, Internal Revenue Code.

SUBCIJAPTER I-FINDINGS, DECLARATIONS,
AND DEFINITIONS

� 5121. Congressional findings and declarations
(a) The Congress hereby finds and declares that-
(1) because disasters often causc loss of life, hunian suffering, loss of
income, and property loss and damage; and
244

Cti, 68 DISASTER RELIEF 42 � 5121

(2) because disastersonen di%rtipi the normal functioning of govern-
ments and communities, and adversely affect individuals and families
with great severity;
special measures, designed to assist the efforts of the affected States in expe-
diting the rendering of aid, assistance, and emergency services, and the re-
construction and rehabilitation of devastated ateas, are necessary.
(b) It is the intent of the Congress, by this chapter, to provide an orderly
snd continuing means of assistance by the Federal Government to State and
local governments in Carrying out their responsibilities to alleviate the suf-
kring and damage which result from such disasters by-
(1) revising and broadening the scope of existing disaster relief pro-
grams;
(2) encouraging the development of comprehensive disaster
preparedness and assistance plans, programs, capabilities, and oTganiza-
tions by the States and by local governments;
(3) achieving greater coordination and responsiveness of disaster
preparedness and relief programs;
(4) encouraging individuals, States, and local governments to protect
themselves by obtaining insurance coverage to supplement or replace
governmental assistance;
(5) encouraging hazard mitigation measures to reduce losses from di-
sasters, including development of land use and construction regulations;
(6) providing Federal assistance programs for both public and pri-
vate losses sustained in disasters, and
(7) providing a long-range economic recovery program for major di-
sastcr areas.
(pub.L. 93-288. Title 1, � 101, May 22, 1974, Bit Slat. 143.)

Historical Note
References In Text. This chapter. mkirred 52(121 of this title, and swion 1264 or Tit le 3 1.
to in subsec. (b), in she original read *'thi.% Money and Finance, amending sections
Act". meaning Pub-L. 93-288, May 22, 1974, 1706c, 1709, 17151 of Title 12, Banks and
Sg Slat. 143. For complete classification of Banking. jections 241-1, 646, 758 of Title 20.
this Art to the Code, see Short Title note be- Education. sections 165. 5064, 5708 of Title
low and Tables volume. 26, Internal Revenue Code. section 1820 or
Effective Date. Section 605 of Pub.L. Title 38, Veterans' Benefits, section 461 of Ti-
93-288 provided ihat: -Except For section tle 40. Public Buildings. Property, and
4os (section 5178 of this title]. this Act [we Works, repealing sections 4401. 4402. 4411 to
S1,orl Title note below] shall take errect as of 4413. 4414 to "20, "31 to "36, 4457 to
April 1. 1974.** W2. 4481 to 4485 of this title, and enacting
provisions set out as notes under thi% section
Sh,,rt Title of 1980 Amendinent. Pub.L. and seclions 4401 and 5179 or this title. we
96-568. � 1. Dec 22, 1980, 94 Slat. 3334, tion 1264 orTitle 31, and %ection Its8l OfTi-
prokidcd: **That this Act Jamending section lit 48. Territories and Insular
52o-, of ibis title) may be cited as the *Di,,as- may be cited as the 'Di%aster Relief Act of
ter Relief Act Amendments or i98o,.- 1974'."
Short Title. section I or Pub.L. 93-289 Delegation of Functions. Functions of the
pru%ijc& -rbai this Act Icnacting this scc- Prv%Ocni under the Disa%ler Relief Act% or
tion and sections 3231 to 3236. 5122. 5131, 1970 and 1974, with certain exception%, are
5132. 5141 in 5158. 5171 tat 5189, Wl. slid delegated lo the Dircelor or the I:cdcrnI
245

42 � 5121 PUBLIC HEALTH AND WELFARE

Emergency Management Agency. see sections above] ). regulation. rule, record, or docu-
4-201 and 4-203 of Ex.Ord. No 12148. July ment of the United Slates to provisions. of the
20, 1979, 44 F.R. 43239. set out as a note un- Disaater Relief Act of 1970 (84 Slat. 1744) re-
der section 2251 or Title 50. Appendix. War pealed by this Act such reference shall be
and National Defense. deemed to he a refercence to the approPriate
References In Disaster Relief Act of 1970. provision of this Act."
Section 602(m) or Pub.L. 93-288 provided Legislative History. For legislative history
that: "Whenever reference is made in any and purpose of Pub. L. 93-288. see 1974 U.S.
provision of law (Other than this Act [the Di- Code Cong. and Adm.News, p, 3070.
saster Relief Act of 1974. we Short Title note

EXECUTIVE ORDER NO. 11749
Ex.Ord. No. 11749. Dec. 10. 1973. 38 F.R. Ex.Ord. No. 12148. July 20. 1979. 44 F.R.
34177, which related to the consolidation of 43239. set out as a note under section 2251 Of
Functions assigned to the Secretary of Hous- the Appendix to Title 50. War and National
ing and Urban Development, was revoked by Defense.

EXECUTIVE ORDER NO. 111795
Ex Ord. No. 11795. July 11, 1974, 39 F.R. No. 12148. July 20, 1979. 44 F.R. 43239, set
25939, as amended, which related to the dele- out as a note under section 2251 of the Ap-
gation of certain functions of the President or pendix to Title 14). War and National De-
the United States, was revoked by Ex.Ord. fense.

Library Refercnces
United Slates 82(5). C.J.S. United States � 122.

� 5122. Definitions
As used in this chapter--
(1) "Emergency" means any hurricane, tornado. storm, flood, high water,
wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, land-
slide, 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 property, pub-
lic health and safety or to avert or lessen the threat of a disaster.
(2) "Major disaster" means any hurricane, tornado, storm, flood, high
water, wind-driven water, tidal wave, tsunami, earthquake, volcanic erup-
tion, landslide, mudslide, snowstorm, drought, fire, explosion, or other ca-
tastrophe in any part of the United States which, in the determination of the
President, causes damage of sufficient severity and magnitude to warrant
major disaster assistance under this chapter, above and beyond emergencY
services by the Federal Government, to supplement the efforts and available
resources of States, local governments, and disaster relief organizations in
alleviating the damage, loss, hardship, or suffering caused thereby.
(3) "United Stairs" means the fifty States, the District of Columbia, Pu-
erto Rico, the Virgin Islands, Guam, American Samoa, the Canal Zone, and
the Trust Territory of the Pacific Islands.
(4) "State" means any State of the United States, the District of Colurn-
bia, Puerto Rico, the Virgin Islands, Guam, American Samoa. the Cana]
Zone, or the Trust Territory of the Pacific Islands.
(5) "Governor" means the chief executive of any State.
246

CH. 68 DISASTER REIJEF 42 � 5131
(6) "Local government*' means (A) any county, city, village, town, dis-
trict, or other political subdivision of any State, any Indian tribe or author-
ized tribal organization, or Alaska Native village or organization. and (B)
includes any rural community or unincorporated town or village or any oth-
er public entity for which an application for assistance is made by a State or
political subdivision thereof
(7) -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.
(Pub.L 93-288. Title 1. 102 May 22, 1974, 88 Stat. 144.)

Historical Note
References in Text. This chapter, referred Effective Dole. Section effective Apr. 1,
to in text,in the original read "this Act". 1974. we section 605 of Pub.L. 93-288, set
meaning Pub.L. 93-288, May 22, 1914, 88 out as an Effective Date note under section
Stat. 143. For complete classification of this 5121 of this Title.
Act to the Code, we Short Title note set out Legislative History. For legisilative history
under section 5121 or this title and Tables and purpose of Pub.L.93-288.see 1974 U.S.
volume. Code Cong. and Adm.News, p. 3070.
For definition of Canal Zone, referred to in
pars. (3)and (4). see section 3602(b) or Title
22, Foreign Relations and Intercourse.

Cross, References
Major disaster as defined in this section affecting-
Disaster housing mortgage insurance, see section 1709 of Title 12, Banks and Banking.
Dollar or percentage limitation of principal obligation on mortgages provided under Na-
tional Housing Act. me section 1706L of Title 12.
Local educational agency seeking additional assistance to provide educational facilities, see
section 646 of Title 20. Education.
Local educational agency seeking additional assistance to provide free public education, see
section 241-1 of Title 20.

Notes of Decisions
1. Emergency ural disasters; accordinly. the provisions or
Definition of -emergency" in this section section 4332 of this title were not inapplica-
did not support the application of this chapter ble Colon v. Carter, D C.Puerto Rico l980,
to Cuban and Haitian refugee situation in 507 F.Supp. 1026. vacated on other grounds
Florida; the definition encompasses only nat- 633 F-2d 964.

_SUBCHAPTER II-DISASTER PREPAREDNESS
ASSISTANCE

� 5131. Federal and state disaster preparedness programs
(a) Utilization of services of other agencies
The President is authorized to establish a program of disaster prepared-
ness that utilizes services of all appropriate agencies (including file Defense
Civil Preparedness Agency) and includes-
(1) preparation or disaster preparedness plans for mitigation, warn-
ing, emergency operations, rehabilitation, and recovery;
247

42 � 5131 111.'ALTII AND WFLFARF

(2) training and exercises;
(3) postdisaster critiques and evaluations;
(4) annual review of programs;
(5) coordination of Federal, State, and local preparedness programs:
(6) application or science and technology;
(7) research.

(b) Technical assistance for development of plans and programs
The President shall provide technical assistance to the States in develop-
ing comprehensive plans and practicable programs for preparation against
disasters, including hazard reduction, avoidance, and mitigation; for assis-
tance to individuals, businesses, and State and local governments following
such disasters; and for recovery of damaged or destroyed public and private
facilities.

(c) Grants to states for development of plans and programs
Upon application by a State, the President is authorized to make grants,
not to exceed in the aggregate to such State $250,000, for the development
of plans, programs, and capabilities for disaster preparedness and preven-
tion. Such grants shall be applied for within one year from May 22, 1974.
Any Slate desiring financial assistance under this section'shall designate or
create an agency to plan and administer such a disaster preparedness pro-
gram, and shall, through such agency, submit a State plan to the President,
which shall-
(1) so forth a comprehensive and detailed State program for prepa-
ration against and assistance following, emergencies and major dis3s-
lers, including provisions for assistance to individuals, businesses', and
local governments; and
(2) include provisions for appointment and training of appropriate
staffs, formulation of necessary regulations and procedures and conduct
of required exercises.

(d) Grants for Improvement, ma!nlenance, and updating of state plans
The President is authorized to make grants not In exceed 50 per ccniurn
of the cost of improving, maintaining and updating State disaster assistance
plans, except that no such grant shall exceed $25,000 per annum to any
State.
(Pub.L. 93-288, Title 11, � 201, May 22, 1974, 89 Stat. 145.)

Historical Note
Fffective Date. Sccfion effective Apr. 1, LeVisIntive History. For legislative hislorY
1974, see section 605 of Pub.L. 93@288, set and purpose of Pub.L. 93-288, see 1974 U.S.
out as an Effective Date note under section Code Cong. and Adm.News. p. 3070.
5121 of this title.

Code of reder2l Regulations
Disaster preparccinews programs and amisiante. see 44 CFR 300.1 el seq.
248

CH. 68 DISASTER RELIEF 42 � 5132

Library References
United States C=82(5). C.J.S. United States 122.

Notes of Decisions
1. Disaster assistance agreements provide such assistance as was called for
Disaster assistance agreement was binding therein. Stale of Tex. v. U. S_ 1976, 537
contract which obligated United States to F.2d 466, 210 Ct.Cl. 522.

� 5132. Disaster warnings
(a) Readiness of federal agencies to Issue
warnings to state and local officials
The President shall insure that all appropriate Federal agencies are pre-
pared to issue warnings of disasters to State and local officials.

(b) Technical assistance to state and local
governments for effective warnings
The President shall direct appropriate Federal agencies,to provide techni-
cal assistance to State and local governments to insure that tirriely and effec-
tive disaster warning is provided.

(c) Warnings to governmental authorities and
public endangered by disaster
The President is authorized to utilize or to make available to Federal,
Slate, and local agencies the facilities of the civil defense communications
system established and maintained pursuant to section 2281(c) of Title 50,
Appendix, or any other Federal communications system for the purpose of
providing warning to governmental authorities and the civilian population in
areas endangered by disasters.

(d) Agreements with commercial communications
systems for use of facilities
The President is authorized to enter into agreements with the officers or
agents of any private or commercial communications systems who volunteer
the use of their systems on a reimbursable or nonreimbursable basis for the
purpose of providing warning to governmental authorities and the civilian
population endangered by disasters.
(Pub.L. 93-288, Title 11, � 202, May 22, 1974, 88 Stat. 145.)

Historical Note
Effective Date. Section effective Apr. 1. Legislative History. For legistative history
1974, see section 605 of Path 93-288 set and purpose of Pub.L. 93-288 , see 1974 U.S.
out as an Effective Date note under section Code Cong and Adm News, p. 3070.
5121 of this title.
T 42 U S C A 4541 to 6500 to 249

42 � 5141 PUBLIC IIEAI.TII AND WELFARE

SUBCHAPTER III-DISASTER ASSISTANCE
ADMINISTRATION

� 5141. Procedure for determination of existence of emergency
or major dishster
(a) All requests for a determination by the President that an emergency
exists shall be made by the Governor of the affected State. Such request
shall be based upon the Governor's finding that the situation is of such se-
verity and magnitude that effective response is beyond the capabilities of the
State and the affected local governments and that Federal assistance is nec-
essary. The Governor's request will furnish information describing State
and local efforts and resources which have been or will he used to alleviate
the emergency, and will define the type and extent of Federal aid required.
Based upon such Governor's request, the President may determine that an
emergency exists which warrants Federal assistance.
W All requests for a declaration by the President that a major disaster
exists shall be made by the Governor of the affected States. Such Gover-
nor's request shall be based upon a finding that the disaster is or such severi-
ty and magnitude that effective response is beyond the capabilities of the
State and the affected local governments and that Federal assistance is nec-
essary. As a part of this request, and as a prerequisite to major disaster
assistance under this chapter, the Governor shall take appropriate action
under State law and direct execution of the State's emergency plan. He
shall furnish information on the extent and nature of State resources which
have been or will be used to alleviate the conditions or the disaster, and shall
certify that for the current disaster, State and local government obligations
and expenditures (of which State commitments must be a significant propor-
tion) will constitute the expenditure of a reasonable amount of the funds of
such State and local governments for alleviating the damage, loss, hardship,
or suffering resulting from such disaster. Based upon such Governor's re-
quest, the 'President may declare ifial 'a 1majoT disaster exists, or that an
emergency exists.
(Pub.L. 93-288, Title III, � 301, May 22, 1974, 88 Stat. 146.)

Historical Note
References in Text. This chapter, referred Effective Date. Section effective Apr. 1,
to in subsec. (b), in the original read "this 1974, w section 605 of Pub.L. 93-298, set
Act", meaning Pub.L. 93-299, May 22, 1974, out as an Effective Date note under section
88 Stat. 143. For CoMpItte 085%irIC31ion of 5121 or this title.
this Act to the Code. see Shorl Title note set Legislative History. For legislative history
out under section 5121 of this title and Tables and purpose of Pub.L. 93-288, see 1974 U.S.
volume. Code Cong. and Adm.Nc%%-s. p. 3070.

Cross References
Major di%aster as determined by this section affecting-
Di%a-ter housing mortgagc in%urance, we w.Lfion 1709 of Title 12, Bank% and Banking.
Dollar or percentage firniinfion of principal obligatiol, on lklorlpagc% pitnitled under Na-
tional Housing Act. see section 1706c of Title 12.
250

CH. 68 DISASTER RELIEF 42 � 5142

Local educational agency seeking additional assistance to provide educational facilities see
section 646 or Title 20. Education.
Local educational agency seeking addition assistance to provide free public education. we
24 1 -1 or Title 20.
Prohibition against consideration of change of information used to determine revenue sharing
allocation when change results from major disaster, we section 6713 of Title 31, Money
and Finance.

Library References
United States 82(5). C.J.S. United States � 122.

� 5142. Federal assistance
(a) Coordination of federal efforts in providing disaster assistance;
scope of services; rules and regulations
In the interest or providing maximum mobilization of Federal assistance
under this chapter, the President shall coordinate, in such manner as he
may determine, the activities of all Federal agencies providing disaster assis-
tance. The President may direct any Federal agency, with or without reim-
bursement, to utilize its available personnel, equipment, supplies, facilities,
and other resources including managerial and technical services in support
of State and local disaster assistance efforts. The President may prescribe
such rules and regulations as may be necessary and proper to carry out any
of the provisions of this chapter, and he may exercise any power or authori-
ty conferred on him by any section of this chapter either directly or through
such Federal agency as he may designate.

(b) Waiver of administrative conditions for assistance
Any Federal agency charged with the administration or a Federal assis-
Once program is authorized, if so requested by the applicant State or local
authorities, to modify or waive, for a major disaster, such administrative
conditions for assistance as would otherwise prevent the giving of assistance
under such programs if the inability to meet such conditions is a result of
the major disaster.

(c) Damage to farm fencing; special assistance
Notwithstanding an), other provision of law, any repair, restoration, re-
construction, or replacement of farm fencing damaged or destroyed as a re-
sult of any major disaster shall be considered an emergency conservation
measure eligible for payments under chapter I of the Third Supplemental
Appropriation Act, 1957, or any other provision of law.
(PubL. 93-288, Title III, � 302, May 22, 1974, 88 Stat, 146.)

Historical Note
References in Text. "This chapter". re- Chapter I of the Third Supplemental Ap-
ferred to in subsec. (a),in the original read propriation Act. 1957, referred to in subsec.
"this Act". meaning Pub.L 93-288. May 22. (c) is chapter 1 of Pub.L. 85 -58. 71 Stat. 176,
1974. 88 Stat. 143. For complete classifica- which was not classified to the Code.
tion or this Act to the Code.see slart Title Effective Date. Section effective Apr. 1.
note under section 5121 of this title and Ta. 1974. sec section 605 of Pub.L. 93-288. set
bles volume. out as an Effective Date note under section
5121 or this, title.
251

42 � 5142 PUBLIC HEALTH AND WELFARE

Legislative History. For legislative history
and purpose of Puh.L. 93-28K. see 1974 U.S.
Code Cong. and Adm.News. p. 3070.

Cross References
Temporary emergency food assistance. see section 2014 of Title 7. Agriculture.

Code of Federal Regulations
Small Business Administration, disaster loans. see 13 CFR 123.0 et seq.

Notes of Decisions

Hreach of contract 1 2. Circulars
Circulars 2 Provisions of former Office or Emergency
Planning circulars dealing with reimbursabili-
ty of eligible private contractor costs under
1. Breach of contract disaster assistance agreements are only in-
structional and definitional in format and
Where disaster assistance agreement with purpose. intended to describe those costs
state provided that former Office of Emergen- which United States may reimburse state for
cy Planning's obligation was to provide feder- and do not state binding obligation on part of
al disaster assistance within limits of funds Office to reimburse all such costs; and they
authorized by President and Office provided merely detail rules governing state's applica-
state with all funds authorized by President tion for. rather than United States provision
for federal assistance to state. Mice had ful- or, federal assistance. State of Tex. v. U. S.
rolled its obligation in provide federal assis- 1976, 5.17 F.2d 406. 210 Ct.Cl. 522.
tance under terms of agreement and state
could not recover additional disaster assis-
tance funds by way of breach of contract ac-
tion. State of Tex. v. U. S. 1976, 537 F.2d
466. 210 CtCl. 522.

� 5143. Coordinating officers
(a) Appointment of federal coordinating officer
Immediately upon his declaration of a major disaster, the President shall
appoint a Federal coordinating officer to operate in the affected area.

(b) Functions of federal coordinating officer
In order to effectuate the purposes of this chapter, the Federal coordinat-
ing officer, within the affected area, shall-
(1) make an initial appraisal of the types of relief most urgently
needed;
(2) establish such field offices as he deems necessary and as are au-
tborized by the President;
(3) coordinate the administration or relief, including activities or the
State and local governments, the American National Red Cross, the
Salvation Army, the Mennonite Disaster Service, and other relief or
disaster assistance organizations, which agree to operate under his ad-
vice or direction, except that nothing contained in this chapter shall
limit or in any way affect the responsibilities or the American National
Red Cross under the Act orJanuary 5, 1905, as amended (33 Stat. 599)
[36 U.S.C.A. � I et seq.]; and
252

CH. 68 DISASTER RELIEF 42 � 5144

(4) take such other action, consistent with authority delegated to him
by the President, and consistent with the provisions of this chapter, as
he may deem necessary to assist local citizens and public officials in
promptly obtaining assistance to which they are entitled.

When the President determines assistance under this chapter is necessary,
he shall request that the Governor of the affected State designate a State
coordinating officer for the purpose of coordinating State and local disaster
assistance efforts with those of the Federal Government.
(Pub.L. 93-288, Title 111, � 303, May 22, 1974, 88 Stat. 147.)

Historical Note

References in Text. This chapter. referred Title 36. Patriotic Socities, and Observances.
to in subsecs. (b) and (c), in the original read For complete classification of this Act to the
"this Act", meaning Pub.L. 93-288, May, 22, Code. see Tables volume.
1974, 88 Stat. 143. For complete classifica-
tion of this Act to the Code. see Short Title Effective Date. Section effective Apr. 1,
note set out under section 5121 of ibis title 1974, we section 605 of Pub.L. 93-288, set
and Tables volume. out as an Effective Date note under section
5121 of this title.
The Act or January 5, 1905, as amended
(33 Stat. 599), referred to in subsec. (b), is Legislative History. For legislative history
Act. Jan 5. 1905, c. 23, 33 Slat. 599, which and purpose of Pub.L. 93-288. see 1974 U.S.
enacted sections 1. 2. 3, 4, 4a. 5, 6, 8, and 9 of Code Cong, and Adm Newd, p. 3070.

� 5144. Emergency support teams
The President shall form emergency support teams of Federal personnel
to be deployed in an area affected by a major disaster or emergency. Such
emergency support teams shall assist the Federal coordinating officer in car-
rying out his responsibilities pursuant to this chapter. Upon request of the
President, the head of an), Federal agency is directed to detail to temporary
duty with the emergency support teams on either a reimbursable or
nonreimbursable basis, as is determined necessary by the President, such
personnel within file administrative jurisdiction of the head of the Federal
agency as the President may need or believe to be useful for carrying out the
functions of the emergency support teams, each such detail to be without,
loss or seniority, pay, or other employee status.
(Pub.L. 93-288, Title III, � 304, May 22, 1974, 88 Stat. 148.)

Historical Note

References in Text. This chapter, referred Effective Date. Section effective Apr. 1.
to in text, in the original read "this Act", 1974, see section 605 of Pub L. 93-288. set
meaning Pub.L. 93-288, May 22. 1974, 88 out as an Effective Date note under section
Stat. 143. For complete classification of this 5121 of this title.
Act to the Code, see Short Title note set out Legislative History. For Legislative history
under section 5121 of this title and Tables and purpose of Pub.L. 93-288, see 1974 U.S.
volume. Code Cong and Adm.News. p. 3070.
253

42 � 5145 PUBLIC FIEALTH AND WELFARE

� 5145. Emergency assistance
(a) Authority of President
In any emergency, the President may provide assistance to save lives and
protect properly and public health and safely.

(b) Technical assistance; advisory personnel
The President may provide such emergency assistance by directing Feder-
al agencies to provide technical assistance and advisory personnel to the af-
fected Stale to assist the State and legal governments in-
(1) the performance of essential community services; warning of fur-
ther risks and hazards; public information and assistance in health and
safety measures; technical advice on management and control; and re-
duction of immediate threats to public health and safety; and
(2) the distribution of medicine, food, and other consumable sup-
plies, or emergency assistance.

(c) Other assistance
In addition, in any emergency, the President is authorized to provide such
other assistance under this chapter as the President deems appropriate.
(Pub,L. 93-288, Title III, � 305, May 22, 1974, 88 Stat. 148.)

Historical Note
References in Text. This chapter, referred United States under secltion 305 of the Disas-
to in subsec. (c), in the original read "this ter Relief Act of 1974 [this section] because
Act", meaning Pub.L. 93-288, May 22, 1974. or an emergency or major disaster in such
88 Stat. 143. For complete classification of area, the President shall direct the Secretary
this Act to the Code, see Short Title note set or Agriculture to pay 80 percent of the cost of
out under section 5 121 of this title and Tables transporting hay (not to exceed $50 per ton)
volume. from areas in which hay is in plentiful supply
Effective Date. Section effective Apr. I to the area in which such farmers or ranchers
1974, sec section 605 or Pub.L. 93-288. s,; are located. The provisions of this section
out as an Effective Date note under section shall expire on October 1, 1977. and shall be-
5121 or this title. come effective on (0ctober 1, 1976, or on the
Emergency tiny Program; Repayment of date of enactment of this Act [Oct. 8. 1976].
Transportation Custs; Effective and Termi- whichever is later."
nation Dales. Section 8 or Pub.L. 94-463, Legislative History. For legislative history
Oct. 8, 1976. 90 Stat. 1983, provided that: and purpose or Pub.L. 93-288. see 1974 U.S.
"in carrying out any emergency hay program Code Cong and Adm.News. p. 3070.
for farmers or ranchers in any area of the

� 5146. Cooperation Of federal agencies in rendering disaster
assistance
(a) In any major disaster or emergency, Federal agencies are hereby au-
lborized, on the direction of the resident, to provide assistance by-
(1) utilizing or lending, with or without compensation therefor, to
States and local governments, their equipment, supplies. facilities, per-
sonnel, and other resources, other than the extension of credit under
the authority or any Act;
254

CH. 68 DISASTER RELIEF 42 � 5 147

(2) distributing or rendering, through the American National Red
Cross, the Salvation Army, the Mennonite Disaster Service, and other
relief and disaster assistance organizations, or otherwise, medicine, food
and other consumable supplies, or emergency assistance;
(3) donating or lending equipment and supplies, including thal deter-
mined in accordance will) applicable laws to be surplus to the needs
and responsibilities of the Federal Government, to State and local gov-
ernments for use or distribution by them for the purposes of this chap-
ter; and
(4) performing on public or private lands or waters any emergency
work or services essential to save lives and to protect and preserve
property, public health and safety, including but not limited to: search
and rescue, emergency medical care, emergency mass care, emergency
shelter, and provisions of rood, water, medicine, and other essential
needs, including movement of supplies or persons; clearance or roads
and construction of temporary bridges necessary to the performance of
emergency tasks and essential community services; provision of tempo-
rary facilities for schools and other essential community services; dem-
olition of unsafe structures that endanger the public; waming of fur-
ther risks and hazards; public information and assistance on health and
safety measures; technical advice to State and local governments on
disaster management and control;' reduction of immediate threats to
life, property, and public health and safety; and making contributions
to State or local governments for the purpose of carrying out the provi-
sions of this paragraph.
(b) Work performed under this section shall not preclude additional Fed-
eral assistance under any other section of this chapter.
(Pub.L. 93-288, Title III, � 306, May 22, 1974, 88 Slat. 148.)

Historical Note
References in Text. This chapter, reffered Effective Date. Section effective Apr. 1,
to in text, in the original read "this Act". 1974, see section 605 of Pub.L. 93-288, set
meaning Pub.L. 93-288. May 22, 1974, 88 out as an Effective Date note under section
Stat. 143. For complete classification of this 5121 of this title.
Act to the Codec, sec Short Title not set out Legislative History. For legislative history
under section 5121 or this title and Tables and purpose of Pub.l. 93-288, sec 1974 U.S.
volume. Code Cong and Adm. News. p. 3070.

� 5147. Reimbursement of federal agencies
Federal agencies may he reimbursed for expenditures under this chapter
from funds appropriated for the purposes of this chapter. Any funds re-
cecived by Federal agencies as reimbursement for services or supplies fur-
nished under the authority or this chapter shall be deposited to the credit of
the appropriation or appropriations currently available for such services or
supplies.
(Pub.-L. 93-288. Title Ill. 307, May 22. 1974, 98 Slat. 149.)

255

42 � 5147 PUBLIC HEALTH AND WELFARE

Historical Note
References in Text. This chapter. referred Effective Date. Section effective Apr. 1.
to in text. in the original read "this Act". 1974. sec section 605 of Pub.L. 93-288, set
meaning Pub.L. 93-288. May 22. 1974, 88 out as an effective Date note under section
Slat. 143. For complete classification of this 5121 of this title.
Act to the Code, we Short Title awe set out Legislative History. For legislative history
under section 5121 of this title and Tables and purpose of Pub.L. 93-288, see 1974 U.S.
volume, Code Cong. and Adm.News, p. 3070.

� 5148. Nonliability of Federal Government
The Federal Government shall not be liable for any claim based upon the
exercise or performance of or the failure to execise or perform a discetion-
ary function or duty on the part of a Federal agency or an employee of the
Federal Government in carrying out the provisions of this chapter.
(Pub.L. 93-288. Title 111, � 308, May 22. 1974, 88 Slat. 149.)

Historical Note
References in Text. This chapter, referred Effective Date. Section effective Apr. 1.
to in text, in the original read "this Act", 1974, see section 605 of Pub.L. 93-298. set
meaning Pub.L. 93-288. May 22. 1974, 88 out as an Effective Date note under section
Slat. 143. For complete classification of this 5121 of this title.
Act to the Code, see Short Title note set out Legislative History or legislative history
under section 5121 of this title and Tables and purpose of Pub.L. 93-288, see 1974 U.S.
volume. Code Cong. and Adm.News, p. 3070.

� 5149. Performance of services
(a) Utilization of services or facilities of state and local governments
In carrying out the purposes of this chapter, any Federal agency is au-
thorized to accept and utilize the services or facilities of any State or local
government, or of any agency, office, or employee thereof, with the consent
of such government.

(b) Appointment ol temporary personnel, experts, and consultants; acquisi-
tion, rental, or hire of equipment, services, materials and supplies
In performing any services under this chapter, any Federal agency is au-
thorized-
(1) to appoint and fix the compensation of such temporary personnel
as may be necessary, without regard to the provisions of Title 5 gov-
erning appointments in competitive service;
(2) to employ experts and consultant-, in accordance with the provi-
sions of section 3109 of such Title, without regard to the provisions of
chapter 51 and subchapter III of chapter 53 or such Title relating to
classification and General Schedule pay rates; and
(3) to incur obligations on behalf of the United States by contract or
otherwise for the acquisition, rental, or hire of equipment, services,
materials, and supplies for shipping, drayage, travel, and communica-
tions, and for the supervision and administ ration of such activities.
256

CH. 68 DISASTER RELIEF 42 � 5151

Such obligations, including obligations arising out of the temporary em-
ployment of additional personnel, may be incurred by an agency in
such amount as may tk- made available to it by the *]'resident.
(Pub.L. 93-288, Title I]], � 309, May 22, 1974, 88 Siat. 149.)

Historical Note
References In Text. This chapter. referred section 3301 et seq. of Title 5, Government
to in text, in the original read **this Act". Organization and Ernploym@
meaning Pub-L. 93-298, May 22, 1974, 89
Stat. 143. For complete classification of this Effective Date. Sectinn effective Apr. 1,
Act to the Code. see Short Titit note set out 1974, we section 605 or Pub.L. 93-288, set
under section 5121 of this title and Tables out as an Effective Date note under section
volume. 5121 or this title-
The provisions of Title 5 governing ap- Legislative History. For legislative history
poiniments in the competitive service, re- and purposw or Pub.L. 93-298. sce 1974 U.S.
ferrcd to in subsec. (b)(1), are classified to Code Cong. and Adm.News, p. 3MU.

� 5150. Use of local Firms and individuals
In the expenditure of Federal funds for debris clearance, distribution Of
supplies, reconstruction, and other major disaster assistance activities which
may be carried out by contract or agreement with private organizations,
firms, or individuals, preference shall be given, to the extent feasible and
practicable, to those organizations, firms, and individuals residing or doing
busincss primarily in the area affected by such major disaster.
(Pub.L. 93-288, Title 111, � 310, May 22, 1974, 88 Stat. 150.)

Historical Note.
Effective Date. Section effective Apr. 1, Legislative History. For Icgi%lative history
1974. %re %Lclion 605 or Puh.i.. Qi-289, %et and purpo%e or 93-2RK_Y_-e 1974 U.S.
out as an Effective Date note under %cction Code Cong. and Adm.Ncws, p. 3070.
5121 of this title.

� 5151. Nondiscrimination in disaster assistance
(a) Regulations for equitable and Impartial relief operations
The President shall issue, and may alter and amend, such regulations as
may be necessary for (he guidance of personnel carrying out Federal assis-
tince functions at the site of a major disaster or emergency. Such regula-
tions shall include provisions for insuring that the distribution of supplies,
the processing of applications, and other relief and assistance activities shall
be accomplished in an equitable ind impartial manner, without discrimina-
tion on the grounds of race, color, religion, nationality, sex, age, or econom-
ic status.

(b) Compliance with regulations as prerequisite lo participation
by other bodies In relief operations
As a condition of participation in the distribution or assistance or supplies
tinder this chapter or of receiving assistancc under section 5172 or 5174 of
this title, governmental bodies and other organizations shall be required to
comply with regulation% iclafing to nondiscrimination promulgated by the
257

42 � 5151 PUBLIC AND WELFARE

President, and such other regulation-, applicable to activities within an area
affected by a major disaster or emergency as he deems necessary for the
effective coordination or relief efforts.
(Pub.L. 93-288, Title 1ll. � 311. May 22, 1974. 88 Stat. 150.)

Historical Note
References In Text. This chapter, referred Effective Date. Section effective Apr. 1,
to in subsec. (b). in The original read "this 1974. set section 605 of Pub.L. 93-288. set
Act". meaning Pub.L. 91-288, May 22, 1974. out a% an Effective Date note under section
88 Stat. 143. For complete classification of 5121 of this title.
this Act to the Code. we Short Title note set Legislative History. For legislative history
out under section 5121 of this title and Tables. and purpose a Pub.L. 93-288. see 1974 U.S.
volume. Code Cong. and Adm.News. p. 3070.

� 5152. Use and Coordination of relief organizations
(a) In providing relief and assistance under this chapter, the President
may utilize, with their consent, the personnel and facilities of the American
National Red Cross, the Salvation Army, the Mennonite Disaster Service,
and other relief or disaster assistance organizations, in the distribution of
medicine, food, supplies, or other items, and in the restoration, rehabilita-
tion, or reconstruction of community services housing and essential facili-
ties, whenever the President rinds that such utilization is necessary.
(b) The President is authorized to enter into agreements with the Ameri-
can National Red Cross, the Salvation Army, the Mennonite Disaster Ser-
vice, and other relier or disaster assistance organizations under which the
disaster relief activities of such organizations may be coordinated by the
Federal coordinating officer whenever such organizations are engaged in
providing relief during and after a major disaster or emergency. Any such
agreement shall include provisions assuring that use of Federal facilities,
supplies, and services will be in compliance with regulations prohibiting du-
plication of benefits and guaranteeing nondiscrimination promulgated by the
President under this chapter, and such other regulation as the President
may require.
(Pub.L. 93-298, Title 111, � 312, May 22, 1974. 88 Stat. 150.)

Historical Note
References in Text. This chapter, referred Effective Date. Section effective Apr. 1.
to in text, in the original read "this Act", 1974, see section 605 of Pub.L. 93-288. set
meaning Pub.L. 93-288, May 22, 1974, 88 out as an Effective Date note under section
Stat. 143. For complete classification of this 5 121 or this title.
Act to the Code, see Shod Title note set out Legislative History. For legislative history
under section 5121 of this title and Tables and purpose or Pub.L. 93-288. see 1974. U.S.
volume. Code Cong. and Adm.News, p. 3070.

� 5153. Priority to certain applications for public facility and
public housing assistance
(a) In the processing or applications for assistance, priority and immedi-
ate consideration shall he given by the head of the appropriate Federal agen-
cy, during such period as the President shall prescribe, to applications from
258

CH. 68 DISASATER RELIEF 42 � 5153

public bodies situated in areas affected by major disasters, under the follow-
ing Acts:
(1) title II of the Housing Amendments of 1955 [42 U.S.C.A. � 1491
et.seq), or an), other Act providing assistance for repair, construction,
or extension of public facilities;
(2) the United States Housing Act of 1937 [42 U.S.C.A � 1437 et
seq.] for the provision of low-rent housing;
(3) section 402 of Title 40 for assistance in publicworks planning-,
(4) section 3102 of this title providing for grants for public facilities;
(5) section 1926 of Title 7;
(6) the Public workS and Economic Development Act of 1965, as
amended [42 U.S.C.A. � 3121 et seq.];
(7) the Appalachian Regional Development Act of 1965, as
amended-, or
(8) title 11 of the Federal Water Pollution Control Act, as amended
[33 U.S.C.A. � 1281 et seq]
(b) In the obligation of discretionary funds or funds which are not allo-
cated among the States or political subdivisions of a State, the Secretary or
Housing and Urban Development and the Secretary of Commerce shall give
priority it) applications for projects in major disaster areas in which a Re-
covery Planning Council has been designated pursuant to title V111 of the
Public Works and Economic Development Act of 1965 [42 U.S.C.A. � 3231
et seq.].
(Pub.L. 93-288, Title lll, � 313, May 22, 1974, 88 Stat. 150.)

Historical Note
References in Test. The Housing Amend- et seq.) of this Title Vll or the Public
ments of 1955, referred in in subsec. (a)(1). is Works and Economic Development Act or
Act Aug. 11. 1955. c. 793. 69 Stat. 635, as 1965, referred to in subsec. (b). is. classified
amended. Title 11 or the Housing Amend- generally to subchapter Vill (section 3231 et
ments of 1955 is classified generally to chap- seq.) of chapter 38 of this title. For complete
ter 811 (section 149 et sea ) of this title. For classification of this Act to the Code, see
complete classification or this Act in the Short Title note set out under section 3121 of
Code, see Short Title of 1955 Amendment this title and Table, volume.
note set out under section 1701 of Title 12, The Appalachian Regional Development
Banks and Banking, and Tables volume. Act of 1965. referred to in subsec. (a)(7), is
The United States Houosing Act of 1937, re- Pub.L. 89-4, Mar. 9, 1965. 79 Stat., 5. as
ferred to in subsec. (a)(2), is Act Sept. 1, amended, which is set out in the Appendix to
1937, c. 896. as revised generally by Pub-L. Title 40, Public Building.%, Properly. and
93-383, Title 11. � 201(a). Aug. 22. 1974, 88 Works. For complete classification of this
Stat. 633. which is classified generally to Act to the Code. see Tables volume.
chapter 8 (section 1437. et seq) of this title. The Federal Water Pollution Control Act,
For complete classification of this Act In the referred to in subsec (a)(9), is Act June 30.
Code. see Short Title note set out under sec- 1948, c. 758, as amended generally by Pub.L.
tion 1437 of this title and Tables volume. 92-500, � 2. Oct. 18. 1972, 86 Stat 816. Ti-
The Public Works and Economic Develop- the 11 of the Federal Water Pollution Control
ment Act or 1965, as amended referred to, in Act is classified generally to subchapter 11
subsec. (a)(6). is Pub.L. 89-136. Aug. 26. (section 1281 et seq) of chapter 26 or Title
1965. 79 Stat. 552. as amended. which is clas- 33. Navigation and Navigable Waters. For
sified principally to chapter 38 (.section 3121 complete classification of this Act to the
259

42 � 5153 PUBLIC HEALTH AND WELFARE

Code. see Short Title note set out under sec. Legislative History. For legislative history
tion 1251 of Title 33 and Tables volume. and purpose of Pub.L. 93-288. see 1974 U.S.
Effective Date. Section effective Apr. 1. Code Cong. and Adn.News,p. 3070.
1974, we section 605 of Puh.L 93-228. set
out as an Effectivc Date note under section
5 121 or this title.

� 5154. Insurance
(a) Compliance with regulations requiring Insurance coverage
(1) An applicant for assistance under section 3233, 5172, or 5 189 of this
title, shall comply with regulations prescribed by the President to assure
that, with respect to any property to be replaced, restored. repaired, or con-
structed with such assistance, such types and extent of insurance will be
obtained and maintained as may be reasonably available, adequate, and nec-
essary to protect against future loss to such property.
(2) In making his determination with respect to such availability, adequa-
cy and necessity, the President shall not require greater types and extent of
insurance than are certified to him as reasonable by the appropriate State
insurance commissioner responsible for regulation of such insurance.

(b) Requirement of Insurance coverage for assistance
under certain provisions
No applicant for assistance under section 3233, 5172, or 5189 of this title,
shall receive such assistance for any property or part thereof for which he
has previously received assistance under this chapter unless all insurance
required pursuant to this section has been obtained and maintained with
respect to such property.

(c) States electing to be self-Insurers
A Stale may elect to act as a self-insurers with respect to any or all of the
facilities belonging to it. Such an election, if declared in writing at the time
of accepting assistance under section 3233. 5172, or 5189 of this title, or
subsequently, and accompanied by a plan for self-insurance which is satis-
factory to the President, shall be deemed compliance with subsection (a) of
this section. No such self-insurer shall receive assistance under such sec-
tions for any property or part thereof for which it has previously received
assistance under this chapter, to the extent that insurance for such property
or part thereof would have been reasonably available.
(Pub.L. 93-288, Title Ill. 314, May 22, 1974, 88 Stat. 151.)

Historical Note
References In Text. This chapter, reffered Effective Date. Section effective Apr. 1,
to in subsecs. (b) and (c), in the original read 1974, see section 605 of Pub.L. 93-288, set
"this Act", meaning Pub.L. 93-288, May 22. out as an Effective Date note under section
1974, 88 Stat. 143. For complete classifica- 5121 of this title.
tion or this Act to the Code. see Short Title Legislative History. For legislative history
note set out under section 5121 of this title and purpose of Pub.L. 93-288. see 1974 U.S.
and Tables volume. Code Cong. and Adm.News, p. 3070.
260

CH. U DISASTER RELIFF 42 � 5156

� 5155. Duplication of benefits
(a) Financial assistance under other programs
The President, in consultation with the head of each Federal agency ad-
ministering any program providing financial assistance to persons, business
concerns, or other entities. suffe *ring losses as the result or a major disaster,
shall assure that no such person, business concern. or other entity will re-
ceive such assistance with respect to any part of such loss as to which he has
received financial assistance under any other program.

(b) Insurance compensation; partial compensation
The President shall assure that no person, business concern. or other enti-
ty receives any Federal assistance for any part of a loss suffered as the result
of a major disaster if such person, concern, or entity received compensation
from insurance or any other source for that part of such a loss. Partial
compensation for a loss or a part of a loss resulting from a major disaster
shall not preclude additional Federal assistance for any part of such a loss
not compensated otherwise.

(c) Reimbursement of excessive assistance
Whenever the President determines (1) that a person, business concern, Or
other entity has received assistance under this chapter for a loss and that
such person, business concern or other entity received assistance for the
same loss from another source, and (2) that the amount received from all
sources exceeded the amount of the loss, he shall direct such person, busi-
ness concern, or other entity to pay to the Treasury an amount, not to ex-
ceed the amount or Federal assistance received, sufficient to reimburse the
Federal Government for that part of the assistance which he deems exces-
sive.
(Pub.L. 93-288, Title 111. � 315, May 22, 1974. 88 Stal. 152.)

Historical Note
References in Telt. This chapter, referred Effective Date. Section effective Apr. 1.
to in subbec. (c), in ilic original rcad "this iqi4, wc %ection 6o5 or Pub.L. 93-288, set
Act", meaning Pub.L. 93-288, May 22, 1974, out as an Effective Date noic under section
88 Stal. 143. For cornplele clas%ificalion of 5121 of this title.
this Act to the Code, see Short Title iiole set Legislative fliffory. For legirlative history
out- under section 5121 oraiis title and Table% - and purpose of Pub-L. 93-288, sce 1974 U.S.
volume. Code Cong. and Adm.News, p. 3070.

Code of Federal Regulations
Emergency funds for repaiT OT reconsiruction of Federal-aid highways, %cc 2,.% crR 668.101 et

� 5156. Reviews and reports
The President shall conduct annual reviews or the activities of Federal
agencies and State and local governments providing disaster preparedness.
and assistance, in order to assure maximum coordination and effectiveness
261

42 � 5156 PUBLIC HEALTH AND WELFARE

or such programs, and shall from time to time report thercon to the Con-
gress.
(Pub.L. 93-288. Title Ill, � 316. May 22, 1974, 98 Stat. 152.)

Historical Note
Effective Date. Section effective Apr. 1. Legislative History. For legislative history
1974. see section 605 of Puh.L. 93-288, set and purpose of Pub.L. 93-288. see 1974 U.S.
out as an Effective Date note under section Code Cong. and Adm.News. p. 3070.
5121 of this title.

� 5157. Criminal and civil penalties
(a) Fraudulent or willful misrepresentation
Any individual who fraudulently of willfully misstate% any fact in connec-
tion with a request for assistance under this chapter shall be fined not more
than $10,000 or imprisoned for not more than one year or both for each
violation,

(b) Violation of orders and regulation
Any individual who knowingly violates any order or regulation under this
chapter shall be subject to a civil penalty of not more than $5,000 for each
violation.

(c) Misapplication of loans and cash benefits
Whoever knowingly misapplies the proceeds or a loan or other cash ben-.
fit obtained under any section of this chapter shall be subject to a fine in an
amount equal to one and one-half times the original principal amount of the
loan or cash benefit.
(Pub.L. 93-288, Title 111, � 317, May 22, 1974, 88 Stat. 152.)

Historical Note
References in Text. This chapter, referred Effective Date. Section effective Apr. 1,
to in text. in the original read "this Act", 1974, see section 605 or Pub.L. 93-288, set
meaning Pub.L. 93-298, May 22, 1974, 88 out as an Effective Date note under section
Stat. 143. For complete classification of this 5121 of this title.
Act to the Code. see Short Title note set out Legslative History. For legislative history
under section 5121 of this title and Tables and purpose or Pub.L. 93-288, see 1974 U.S.
volume. Code Cong. and Adm.News, p. 3070.

West's Federal Forms
Indictment and information. see � 7101 et seq.
Sentence and fine, see J 7531 et seq.

� 5158. Availability of materials
The President is authorized, at the request or the Governor of an afected
State, to provide for a survey of construction materials needed in the area
affected by a major disaster on an emergency basis for housing repairs, re-
placement housing, public facilities repairs and replacement, farming opera-
tions, and business, enterprises and to take appropriate action to assure the
availability and fair distribution or needed materials, including, where possi-
262

CH. 68 DISASTER RELIEF 42 5171

b1e, the allocation or such materials for a period of not more than one hun-
dred and eighty days after such major disaster. Any allocation program
shall be implemented by the President to the extent possible, by working
with and through those companies which traditionally supply construction
materials in the affected area. For the purposes of this section "construc-
tion materials" shall include building materials and materials required for
repairing housing, replacement housing, public facilities repairs and replace-
ment, and for normal farm and business operations.
(Pub.L. 93-288. Title 111. � 318, May 22, 1974, 88 Stat. 152.)

Historical Note
Effective Date. Section effective Apr. 1. Legislative History. For leqislative history
1974, see section 605 of Pub.L. 93-288, set and purpose of Pub.L. 93-288, see 1974 U.S.
out as sit Effective Date note under section Code Cong and Adm.News, p. 3070.
5121 of this title.

SUBCHAPTER IV-FEDERAL DISASTER
ASSISTANCE PROGRAMS

� 5171. Federal facilities
(a) Repair, reconstruction, restoration or replacement
of United States facilities
The President may authorize any Federal agency to repair, reconstruct,
restore, or replace any facility owned by the United States and under the
jurisdiction of such agency which is damaged or destroyed by any major
disaster ir he determines that such repair, reconstruction, restoration, or re-
placement is of such importance and urgency that it cannot reasonably be
deferred pending the enactment of specific authorizing legislation or the
making of an appropriation for such purposes, or the obtaining of congres-
sional committee approval.

(b) Availability of funds appropriated to agency for repair, reconstruction,
restoration, or replacement of agency facilities
In order to carry out the provisions of this section, such repair, recon-
struction, restoration. or replacement may be begun notwithstanding a lack
or an insufficiency of funds appropriated for such purpose. where such lack
or insufficiency can be remedied by the transfer, in accordance with law, of
funds appropriated to that agency for another purpose.

(c) Steps for mitigation of hazards
In implementing this section, Federal agencies shall evaluate the natural
hazards to which these facilities are exposed and shall take appropriate ac-
tion to mitigate such hazards, including safe land-use and construction prac-
tices, in accordance with standards prescribed by the President.
(Pub.L. 93-288, Title IV, 401. May 22, 1974. 88 Stat. 153.)
263

42 � 5171 PUBLIC HEAl.T11 AND WLLFARE

Historical Note
Effective Dote. Section effective Apr. 1, Legislative "istory. For legislative history
1974. See SeClion 605 or Pub.L. 93-288, set and purpose of Pub.L. 91-288. see 1974 U.S.
out as an EfTective Date w4c under section Code-Cong. and Adm.News, p. 3070.
5121 of ihi% title.

Cross References
Exemptions from endangered or threatened species and habitat requirements in Presidentially
declared disaster area.%. see section 1536 of Title 16. Conwrvalion.

Library References
United State% C=92(5). C.J.S. United States � 122.

� 5172. Repair and restoration of damaged facilities
(a) Public facilities of state and local governments
The President is authorized to make contributions to State or local gov-
ernments to help repair, restore, reconstruct, or replace public facilities be-
longing to such State or local governments which were damaged or de-
stroyed by a major disaster.

(b) Nonprofit educational, utility, emergency, medical,
and custodial care facilities
The President is also authorized to make grants to help repair, restore,
reconstruct, or replace private nonprofit educational, utility, emergency,
medical, and custodial care facilitim including thosc for the aged or dis-
abled, and facilities on Indian reservations as derined by the President,
which were damaged Or destroyed by a major disaster.

(c) Facilities under completion at time of disaster
For those facilities eligible under this section which were in the process of
construction when damaged or destroyed by a major disaster, the grant shall
be based on the net costs of restoring such facilities substantially to their
predisaster condition.

(d) Definition
For the purposes or this section, "public facility" includes any publicly
owned flood control, navigation, irrigation, reclamation, public power, sew-
age treatment and collection, water supply and distribution, watershed de-
velopment, or airport facility, any non-Federal-aid street, road, or highway,
any other public building, structure, or system including those used for edu-
cational or recreational purposes, and any park.

(e) Maximum limit of grants
The Federal contribution for grants made under this section shall not ex-
ceed 100 per centum of the net cost of repairing, restoring, reconstructing,
or replacing any such facility on the basis of the design of such facility as it
existed immediately prior to such disaster and in conrormity with current
applicable cWcs, specifications, and standards.
264

CH. 68 DISASTER RELIEF 42 � 5173

(f) Decision by state or local government not to restore
damaged facilities; limit on federal contribution
In those cases where a State or local government determines that. public
welfare would not be best served by repairing, restoring, reconstructing, or
replacing particular public facilities owned or controlled by that State or
that local government which have been damaged or destroyed in a major
disaster, it may elect to receive, in lieu of the contribution described in sub-
section (e) or this section, a contribution based on 90 per centum of the
Federal estimate of (be total cost of repairing, restoring, reconstructing, or
replacing all damaged facilities owned by it within its jurisdiction. Thecost
of repairing, restoring, reconstructing, or replacing damaged or destroyed
public facilities shall be estimated on the basis of the design of each such
facility as it existed immediately prior to such disaster and in conformity
with current applicable codes, specifications and standards. Funds contrib-
uted under this subsection may be expended either to repair or restore cer-
tain selected damaged public facilities or to construct new public facilities
which the State or local government determines to be necessary to meet its
needs for governmental services and functions in the disaster-affected area.
(Pub-L. 93-288, Title IV, � 402, May 22, 1974, 88 Stat. 153.)

Historical Note

Effective Date. SeLtion effective Apr. 1. Legislative Ilistory. For legi%lalivc history
1974. see section 605 of Pub.L. 93-298, set and pu"ne of Pab.L. 93-298, see 1974 U.S.
out a% an Effective Date note under %ci-tion Codc Cong. and Adm.News. p. 3070.
.5121 of this title.

Cross References
Exemptions from endangered or threatened species and habitat requirements in Presidentially
declared disaster areas. see section 1536 of Title 16, Conservation.
Review and revision ordisaster recovery plans by Recovery Planning Council. see section 3232
of this title.

� 5173. Debris removal
(a) The President, whenever he determines it to be in the public interest,
is authorized-
(1) through the use of Federal departments, agencies, and instrumen-
talities, to clear debris and wreckage resulting from a major disaster
from publicly and privately owned lands and waters; and
(2) to make grants to any State or local government for the purpose
of removing debris or wreckage resulting from a major disaster from
publicly or privatciy owned lands and waters.
(b) No authority under this section shall be exercised unless the affected
State or local government shall first arrange an unconditional authorization
for removal or such debris or wrecka& from public and private property,
and, in the case of removal of debris or wreckage from private property,
265

42 � 5173 PURLIC HFALTII AND WELFA RE

shall first agree to itidemnify the Federal Goveninieni against any claim
arising from such removal.
(I'uh.L. 93-288, Tide IV, � 40.1, May 22, 1974, 88 Stat. 154.)

Illistorical Note
Effective Dite. Section effective Apr. 1, Legislative Ifistory. For legi-dative history
1974, we section 605 of Pub.L. 93-288, set and purpose of Pub.L. 93-288, we 1974 U.S.
out as an Effective Date note under section Code Cong. and Adrn.NcWs. p. 3070.
5121 or this title.

Code of Federal Regulations
Dkmter relief. bee 44 CFR 205.1 et seq.

� 5174. Temporary housing assistance
(a) Rent free accommodations; utilities
The President is authorized to provide. either by purchase or lease, tem-
porary hc,@!sing, including, but not limited to, unoccupied habitable dwell-
ings, suitable rental housing, mobile homes or other readily fabricated dwell-
ings for those who, as a result of a major disaster, require temporary
housing. During the first twelve months of occupancy no rentals shall be
established for any such accommodations, and thereafter rentals shall be es-
tablished, based upon fair market value of the accommodations being f ur-
nished, adjusted to take into consideration the financial ability of the occu-
pant. Any mobile home or readily fabricated dwelling shall be placed on a
site complete with utilities provided either by the State or local government,
or by the owner or occupant or the site who was displaced by the major
disaster, without charge to the United States. The President may authorize
installation of essential utilities at Federal expcn%c and he may elect to pro-
vide other more economical or accessible sites when he determines such ac-
tion to be in the public interest.

(b) Temporary mortgage or rental payments
The Presidefit 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 rhiancial hardship caused by a major disaster,
have received written notice or dispossession or eviction from a 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 such 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.

(c) Repair-or restoration of owner-occupied resident13l structures
In lieu of providing other types of temporary housing after a major disas-
ter, the President is authorized to make expenditures for the purpose or re-
pairing or restoring to a habitable condition owner-occupied private residen-
tial 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 rchabilitalion or damaged property.
266

CH. 68 DISASTER RELIEF 42 � 5175

(d) Sale of temporary housing acquired by purchase
(1) Notwithstanding any other provision of law, any temporary housing
acquired by purchase may be sold directly to individuals and families who
are occupants of temporary housing at prices that are fair and equitable, as
determined by the President.
(2) The President may sell or otherwise make available temporary hous-
ing units directly to States, other governmental entities, and voluntary orga-
nizations. The President shall impose as a condition of transfer under this
paragraph a covenant to comply with the provisions of section 5151 of this
title requiring nondiscrimination in occupancy of such temporary housing
units, Stich disposition shall be limited to units purchased under the provi-
sions of subsection (a) of this section and to the purposes of providing tem-
porary housing for disaster victims in emergencies or in major disasters.
(Pub.L. 93-288, Title IV, � 404, May 22, 1974. 88 Slat. 154.)

Historical Note
Effective Dole. Section effective Apr. 1, Legislative History. For legislative history
1974, see section 605 of Pub.L. 93-288, set and purpose of Pub.L. 93-288. see 1974 U.S.
out as an Effective Date note under section Code Cong. and Adm.News, p. 3070.
5121 of this title.

Code or Federal Regulations
Disaster relief, see 44 CFR 205.1 et seq.

� 5175. Protection 'of environment
No action taken or assistance provided pursuant to section 5145, 5146, or
5173 of this title, or any assistance provided pursuant to section 5172 or
5189 of this title that has the effect of restoring facilities substantially as
they existed prior to the disaster, shall be deemed a major Federal action
significantly affecting the quality of the human environment within the
meaning or the National Environmental Policy Act of 1969 (83 Slat. 852)
[42 U.S.C.A. � 4321 et seq.]. Nothing in this section shall after or affect
the applicability of the National Environmental Policy Act of 1969 (83 Slat.
852) to other Federal actions taken under this chapter or under any other
provision of law.
(Pub.L 93-288, Title IV. � 405. May 22, 1974, 88 Slat. 155.)

Historical Note
References in Test. The National Envi- complete classification of this Act to the
nomental Policy Act of 1969, referred to in Code see Short Title more set out under sec-
text, is Pub.L. 91-190, Jan. 1, 1970, 83-Stat. tion 5121 of this title and Tables volume.
852, as amended which is classified generally
to chapter 55 (section 4321 et seq .) of this ti- Effective Date. Section effective Apr. 1,
tle. For complete classification of this Act go 1974, see section 605 of Pub.L. 93-288, set
the Code, set Short Title note set out under ut as an Effective Date note under section
section 4321 of this title and Tables volume 5121 of this title.
This chapter, referred to in text. in the Legislative History. For legislative history
original read "this Act". meaning Pub.L. and purpose of Pub.L. s, 93.288 sec 1974 U.S.
93-288. May 22, 1974, 88 Stat. 143. For Code Cong. and Adm.News p. 3070.
267

42 � 5175 PUBLIC HEALTH AND WELFARE

Library References

Health and Environment 25.10(1). C.J.S.Health and Environment 67 et seq,
119 et seq.

Notes of Decisions
Dismissal of complaint 4 3. Transfer of refugees
Purpose I
Retroactive effect 2 Neither this section's exemption to the ap-
Transfer of refuges 3 plicability of section 4332 or this title, nor the
President's declaration or emergency of May
6, 1980, provided a basis for exempting from
section 4332 or this title the transfer of un-
documented Haitian and Cuban refugees
from Florida to Fort Allen. Puerto Rico, and
1. Purpose related federal actions. Com. of Puerto Rico
v. Muskie. D.C. Puerto Rico 1981. 507
This section evidences a congressional in- F.Supp. 1035. vacated on other grounds 668
tent to relieve restoration activities Rom env" F.2d 611.
ronmental impact statement requirements.
Homeowners Emergency Life Protection
Committee v. Lynn, D.C.Cal.1974, 388 4. Dismissal of complaint
F.Supp. 971, vacated on other grounds 541 Action for declaratory relief and injunction
F.2d 814, on remand 432 F.Supp. 1334. prohibiting further action on project to con
struc dam and reservoir until National Envi-
2. Retroactive effect ronmental Policy Act of 1969, section 4321 et
This section exempting restoration or pub- seq. or this title, had been complied with
lic: facilities destroyed by major disasters from would be dismissed in view of plaintiffs' fail-
requirements of section 4332 of this title did ure to prosecute it. their failure to make dis-
not apply retroactively. Homeowners Emer- covery and their failure to participate in pre-
gency Life Protection Committee v. Lynn, trial preperation. Homeowners Emergency
C.A.Cal. 1976, 541 F.2d 814, on remand 432 Life Protection Committee v. Lynn, D.C.Cal.
F.Supp. 1334. 1977. 432 F.Supp. 1334.

� 5176. Minimum standards for public and private structures
As a condition of any disaster loan or grant made under the provisions of
this chapter, the recipient shall agree that any repair or construction to be
financed therewith shall be in accordance with applicable standards of safe-
ty, decency, and sanitation and in conformity with appiicable codes, specifi-
cations, and standards, and shall furnish such evidence of compliance with
this section as may be required by regulation. As a further condition of any
loan or grant made under the provisions of this chapter, the State or local
government shall agree that the natural hazards in the areas in which the
proceeds of the grants or loans are to be used shall be evaluated and appro-
prime action shall be taken to mitigate such hazards, including safe land-use
and construction practices; in accordance with standards prescribed or ap-
proved by the President after adequate consultation with the appropriate
elected officials of general purpose local governments, and the State shall
furnish such evidence of compliance with this section as may be required by
regulation.
(Pub.L. 93-288, Title IV, 406, May 22, 1974, 88 Stat. 155.)

268

CH. 68 DISASTER RELIEF 42 � 5177

Historical Note

References in Text. This chapter, referred Effective Date. Section effective Apr. 1.
to in text, in the original read "this Act", 1974, sec: section 605 of Pub.L. 93-288, set
meaning Pub.L. 93-288. May 22, 1974, 88 out as an Effective Date note under section
Slat. 143. For complete classification of this' 5121 of this title.
Act to the Code. see Short Title note set out Legislative History. For legislative history
under section 5121 of this title and Tables and purpose of Pub.L. 93-288, see 1974 U.S.
volume. Code Cong. and Adm.News. p. 3070.

Code of Federal Regulations
Disaster relief, sec 44 CFR 205.1 et seq.

� 5177. Unemployment assistance
(a) The President is authorized to provide to any individual unemployed
as a result or a major disaster such benefit assistance as he deems appropri-
ate while such individual is unemployed. Such assistance as the President
shall provide shall be available to an individual as long as the individual's
unemployment caused by the major disaster continues or until the individu-
al is reemployed in a suitable position, but no longer than one year after the
major disaster is declared. Such assistance for a week of unemployment
shall not exceed the maximum weekly amount authorized under the unem-
ployment compensation law or the Slate in which the disaster occurred, and
the amount of assistance under this section to any such individual for a
week of unemployment shall be reduced by an), amount of unemployment
compensation or of private income protection insurance compensation avail-
able to such individual for such week of unemployment. The President is
directed to provide such assistance through agreements with States which,
in his judgment, have an adequate system for administering such assistance
through existing State agencies.
(b) The President is further authorized for the purposes of this chapter to
provide reemployment assistance services under other laws to individuals
who are unemployed as a result or a major. disaster.
(Pub.L. 93-288, Title IV, � 407, May 22, 1974, 88 Stat. 156.)

Historical Note

References in Text. This chapter, referred out as an Effective Date note under section
to in subsec. (b), in the original read "this 5121 of this title.
Act". meaning Pub.L. 93-288. May 22, 1974. Legislative History. For legislative history
88 Stat. 143. For complete classifircation of and purpose of Pub.L. see 1974 U.S.
this Act to the Code. see Short Title note set Codc Cong and Adm.News, p. 3070.
out under section 5121 or this title and Tables
volume.
Effective Date. Section effective Apr. 1,
1974, see sectio 605 of Pub.L. 93-286, set

Code of Federal Regulations
Disaster unemployment assistance. see 20 CFR 625.1 et seq.
269

42 � 5178 PUBLIC HEALTH AND WELFARE
� 5178. Individual and family grant programs
(a) Grants to states
The President is authorized to make a grant to a Slate for the purpose or
such State making grants to meet disaster-related -necessary expenses or seri-
ous needs of individuals or families adversely affected by a major disaster in
those cases where such individuals or families are unable to meet such ex-
penses or needs through assistance under other provisions of (his chapter, or
from other means. The Governor of a State shall administer the grant pro-
gram authorized by this section.

(b) Matching grants by states
The Federal share of a grant to an individual or a family under this sec-
tion shall be equal to 75 per centurn of the actual cost of meeting such an
expense or need and shall be made only on condition that the remaining 25
per centurn of such cost is paid to such individual or family from funds
made available by a State. Where a State is unable immediately to pay its
share, the President is authorized to advance to such State such 25 per cen-
turn share, and any such advance is to be repaid to the United States when
such State is able to do so. No individual and no family shall receive any,
grant or grants under this section *aggregating more than $5,000 with respect
to any one major disaster.

(c) Regulations
The President shall promulgate regulations to carry out this section and
such regulations shall include national criteria, standards, and procedures
for the determination of eligibility for grants and the administration of
grants made under this section.

(d) Expenditure for administering grants
A State may expend not to exceed 3 per centum orany grant made by the
President to it under subsection (a) of this section for expenses of adminis-
tering grants to individuals and families under this section.
(Pub.L. 93-288, Tide IV, � 408(a)-(d), May 22. 1974. 88 Stat. 156.)

Historical Note
References in Text. This chapter, referred Effective Date. Section 408(c) or Pub.L.
to in subsec (a), in the original read "this 93-288 provided that: "This section shall
Act". meaning Pub.L. 93 288, May 22, 1974. take effect as-of April 20, 1973".
88 Stat. 143. For complete classification or
this Act to the Code, see Short Title note set Legislative History. For legislative history
out under section 5121 of this title and Tables and purpose of Pub.L. 93-288, see 1974 U.S.
volume. Code Cong. and Adm.News, p. 3070.

Code of Federal Regulations
Disaster relief, see 44 CFR 205.1 et seq.

270

CH. DISASTER RELIEF 42 � 5180

� 5179. Food coupons and distribution
(a) Persons eligible; terms and conditions
Whenever the President determines that, as a result of a major disaster,
low-income households are unable to purchase adequate amounts of nutri-
tious food, he is authorized, under such terms and conditions 'as he may
prescribe, to distribute through the Secretary of Agriculture or other appro-
priate agencies coupon allotments to such households pursuant to the provi-
sions of the Food Stamp Act or 1964 (P.L. 91-671; 84 Stat. 2048) [7 U.S.
CA. � 2011 et seq.] and to make surplus commodities available pursuant to
the provisions of this chapter. I

(b) Duration of assistance; factors considered
The President, through the Secretary of Agriculture or other appropriate
agencies, is authorized to continue to make such coupon allotments and sur-
plus commodities available to such households for so long as he determines
necessary, taking into consideration such factors as he deems appropriate,
including the consequences of the major disaster on the earning power of the
households, to which assistance is made available under this section.

(c) Food Stamp Act provisions unaffected
Nothing in this section shall be construed as amending or otherwise
changing the provisions of the Food Stamp Act of 1964 [7 U.S.C.A. � 2011
et seq.) except as they relate to the availability of food stamps in an area
affected by a major disaster.
(Pub.L. 93-288, Title IV, � 409, May 22, 1974, 8.8 Stat. 157.)

Historical Note
References in Text. The Food Stamp Act complete classification or this Act to the
or 1964. referred to in subsecs (a)and (c), is Code, see Short Title note set out under sec-
Pub.L. 98-525. Aug. 31, 1964, 78 Stat. 703, lion 5121 or this title and Thanks volume.
a amended. which is classified generally it) Effective Date. Section effective Apr. 1.
chapter 51 (section 2011 et seq) of Title 7. 1974. sec section 605 of Pub.l.. 93-288, sec
Agriculture. For exapmle classification of out as an Effective Date note under section
this Act to the Crode. sec Short Title note set 5121 of this title.
out under section 2011 or Title 7 and Tables
volume. and purpose of Pub.L. 93-288, see 1974 U.S,
This chapter, referred to in subsection (a) Code Cong and Adm.News. p. 3070.
in the original read -this Act". meaning Pub.
L. 93-288. May 22, 1974, 88 Stat. 143. For

Code of Federal Regulations
Administration of program. sec 7 CFR 274.1 et seq.
Donation of foods, sec 7 CFR 250.1 et seq.

� 5180. Food commodities
(a) Emergency mass feeding
The President is authorized and directed to assure that adequate stocks of
food will he ready and conveniently available for emergency mass feeding or
271

42 � 5180 PUBLIC HEALTH AND WELFARE

distribution in any area of the United States which suffers a major disaster
or emergency.

(b) Funds for purchase of food commodities
The Secretary of Agriculture shall utilize funds appropriated under sec-
tion 612c of Title 7, to purchase food commodities necessary to provide
adequate supplies for use in any area or the United States in the event of a
major disaster or emergency in such area.
(Pub.L. 93-288. Title IV, � 410, May 22, 1974. 88 Stat. 157.)

Historical Note
Effectivc Date. Section effective Apr. 1. Legislative History. For legislative history
1974, sec section 605 or Pub.L. 93-288, set and purpose of Pub.L. 93-288. sec 1974 U.S.
out as an Effective Date note under section Code Cong. and Adm.News. p. 3070.
5121 of this title.

Code of Federal Regulations
Donation or foods, see 7 CFR 250.1 et seq.

� 5181. Relocation assistance
Notwithstanding any other provision of law, no person otherwise eligible
for any kind of replacement housing payment under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act or 1970 (P.L.
91-646) [42 U.S.C.A. � 4601 et seq.] shall be denied such eligibility as a
result of his being unable, because of a major disaster as determined by the
President, to meet the occupancy requirements set by such Act.

(Pub.L. 93-288, Title IV, � 411. May 22, 1974, 88 Stat. 157.)

Historical Note
References in Text. The Uniform Reloca- Effective Date. Section effective Apr. 1.
tion Assistance and Real Property Acquisi- 1974. sec section 605 of Pub.L. 93-288, set
tion Policies Act or 1970, referred to in text, out as an Effective Date note under section
is Pub.L. 91-646, Jan. 2. 1971, 84 Stat. 1894. 5121 of this title.
as amended, which is classified principally to Legislative History. For legislative history
chapter 61 (section 4601 ct seq.) of this title- and purpose of Pub.L. 93-288, -cc 1974 U.S.
For complete classification of this Act to the Code Cong. and Adm.News, p. 3070.
Code, see Short Title note set out under sec-
tion 4601 of this title and Tahles volume.

� 5182. Legal services
Whenever the President determines that low-incomc individuals arc una-
ble to secure legal services adequate to meet their needs as a consequence of
a major disaster, consistent with the goals of the programs authorized by
this chapter, the President shall assure that such programs are conducted
with the advice and assistance of appropriate Federal agencies and State and
local bar associations.
(Pub.L. 93-288, Title IV. � 412, May 22. 1974, 88 Stat. 157.)

272

CH. 68 DISASTER RELIEF 42 � 5184

Historical Note
References in Test. This chapter. referred Effective Date. Section effective Apr. 1.
to in text. in the original read "this Act", 1974. c section 605 of Pub.L. 93-288, set
meaning Pub.L. 93-288. May 22, 1974, 88 out as an Effective Date note under section
Stat. 143. For complete classification of this 5121 of this title.
Act to the Code, we Short Title note set out Legislative History. For legislative history
under section 5121 of this title and Tables and purpose of Pub.L. 93-288. sec 1974 U.S.
volume. Code Cong. and Adm.News, p. 3070.

Code of Federal Regulations
Disaster relief, sec 44 CFR 205.1 et seq.

� 5183. Crisis counseling assistance and training
The President is authorized (through the National Institute of Mental
Health) to provide professional counseling services, including financial assis-
tance to State or local agencies or private mental health organizations to
provide such services or training of disaster workers, to victims of major
disasters in order to relieve mental health problems caused or aggravated by
such major disaster or its aftermath.
(Pub.L. 93-288, Title IV, � 413, May 22, 1974, 88 Stat. 157.)

Historical Note
Effective Date. Section effective Apr. 1, Legislative History. For legislative history
1974, sec section 605 or Pub.L. 93-288, set and purpose or Pub.L. 93-288. sec 1974 U.S.
out as an Effective Date note under section Code Cong and Adm.News, p. 3070.
5121 of this title.

Code of Federal Regulations
Disaster assistance for crisis counseling and training, see 42 CFR 38.1 et seq.

� 5184. Community disaster loans
(a) The President is authorized to make loans to any local government
which may suffer a substantial loss of tax and other revenues as a result of a
major disaster, and has demonstrated a need for financial assistance in order
to perform its governmental functions. The amount or any such loan shall
be based on need, and shall not exceed 25 per centum of the annual operat-
ing budget of that local government for the fiscal year in which the major
disaster. occurs. Repayment of all or any part of such loan to the extent
that revenues of the local government during the three full fiscal year period
following the major disaster are insuficient to meet the operating budget of
the local government, including additional disaster-related expenses of a mu-
nicipal operation character shall be cancelled. -
(b) Any loans made under this section shall not reduce or otherwise affect
any grants or other assistance under this chapter.
(Pub.L. 93-288. Title IV, 414(a), (b), May 22, 1974. 88 Stat. 158.)

273

42 � 5184 PUBLIC HEALTH AND WELFARE

Historical Note
References in Text. This chapter, referred term not it) exceed 40 years at a per annum
to in subsec. (b), in the original read "this interest of 5 per centum and shall he on
Act". meaning Pub.L. 93-288, May 22, 1974, such terms and conditions as the Secretary of
88 Stat. 143. For complete classification of Commerce shall determine. In determining
this Act to the Code, sec Short Title note set the amount of a grant assistance for any pro-
out under section 5121 of this title and Tables ject, the Secretary of Commerce may take in-
volume. to consideration such factors as are estab-
Effective Date. Section, effective Apr. 1 lished by regulation and are consistent with
1974, see section 605 or Pub.L. 93-288, set the purposes of this Act.
out as an Effective Date note under section "Sec. 103. In extending assistance under
5121 of this title. this, Act the Secretary shall take into consid-
Community Emerrgency Drought Relief. eration the relative needs of applicant areas
Pub.L. 95-31, Title 1, May 23, 1977, 91 Stat. for the projects for which assistance is re-
169. provided: quested, and the appropriateness or the pro-
ject for relieving the conditions, intended to be
"That this Act be cited as the Community alleviated by this Act.
Emergency Drought Relief Act of 1977. "Sec. 104. The Secretary of Commerce
"Sec. 101. (a) Upon the application Of shall have such powers and authorities under
ally State political subdivision of a State, In- this Act as are vested in the Secretary by sec-
than tribe, or public or private nonprofit or- tions 70 and 708 Or the Public Works and
ganization, the Secretary of Commerce is au- Economic Development Act of 1965, as
thorized to make grants and loans to amended [sections 3211 and 3219 of this ti-
applicants in drought impacted areas for tle). with respect to that Act [-section 3121 et
projects that implement short-term actions to seq. of this title).
augment community water supplies where "Sec. 105. The National Environmental
there arc severe problems due to water short- Protection Act of 1969, as amended [section
ages, Such assistance may be for the im- 4321 et seq. or this title shall he implement-
provement expansion, or construction of ed to the fullest extentt consistent with but
water supplies and purchase and transporta- subject to the time constraints imposed by
tion or Water. which in the opinion of the Sec- this Act, and the Secretary of Commerce
retry of Commerce will make a substantial when making the final determination regard-
contribution to the relief of in existing or ing an application for assistance hereunder
threatened drought condition in a designated shall give consideration in the environmental
area. consequence% determined within that period
b) The Secretary or Commerce may des- Sec. 106. (a) There is hereby authorized
ignate any area in the United States as to be appropriated for the fiscal year ending
emergency drought impact area if he or she September 30, 1977, $225,000.000 of which
finds that a major and continuing adverse sum S 150,000,000 is to be for the loan pro-
drought condition existing and is expected to gram herein. including administration thereof,
continue, and such condition is causing signif- and $75,000,000 of which is to be used for the
icant hardships on the affected areas. grant program herein, including administra-
(c) Eligible applicants shall be those tion thereof, and such additional amounts for
States or political subdivisions of States with the fiscal year ending September 30. 1978, as
a population or tell thousand or more. Indian may be reasonably needed for administrative
tribes, or public or private nonprofit origani- expenses in monitoring and closing out the
tations within areas designated pursuant to program authority" by the Act. Funds au-
subsection (b) of this section. thorized by this Act shall be obligated by De-
(d) Projects assisted under this Act shall cember 31, 1977.
be only those with respectto which assur- (b)Funds available to the Secretary for
ances can be given to the satisfaction of of the this Act shall be available for expenditure for
Secretary or commerce that the work can be drought impact projects conducted heretofore
completed by April 30. 1978, or within such by eligible applicants during fiscal year 1977
extended time a% the Secretary may approve ir such projects are found to be compatible
in exceptional circumstances. with the broad purposes of this Act"
"Sec. 102. Grants hereunder shall be in Legislative History. For legislative history
an amount not to exceed 50 per centum of and purpose of Pub.L. 93.288 sec. 1974 U.S
allowable project costs. Loans shall be for a Code Cong. and Adm.News, P 3070.
274

CH. 68 DIASTER RELIEF 42 � 5187

Code of Federal Regulations
Community disaster relief. sec 13 CFR 318.1 et seq.

� 5185. Emergency communications
The President is authorized during, or in anticipation of, an emergency or
major disaster to establish temporary communications systems and to make
such communications available to State and local government officials and
other persons as he deems appropriate.
(Pub.L. 93-288, Title IV, � 415, May 22, 1974, 98 Stat. 158.)

Historical Note
Effective Date. Section effective Apr. 1, Legislative History. For legislative history
1974, see section 605 or Pub.L. 43-288, set and purpose or Pub.L. 93-288, see 1974 U.S.
out as an Effective Date note under section Code Cong. and Adm.News, p. 3070.
5121 of this title.

� 5186. Emergency public transportation
The President is authorized to provide temporary public transportation
in an area affected by a major disaster to meet emergency needs and
to provide transportation to governmental offices, supply centers, stores,
Post offices, schools, major employment centers, and such other places as
may be necessary in order to enable the community to resume its normal
pattern of life as soon as possible.
(Pub.L. 93-288, Title IV, � 416. May 22, 1974. 88 Stat. 158.)

Historical Note
Effective Date. Section effective Apr. 1, Legislative History. For legislative history
1974, see section 605 or Pub.L. 93-288. set and purpose of Pub.L. 93-288, see 1974 U.S.
out as an Effective Date note under section Code Cong. and Adrn.News. p. 3070.
5121 of this title.

5187. Fire suppression grants.
The President is authorized to provide assistance, including grants, equip-
ment, supplies, and personnel, to any State for the suppression of any fire on
publicly or privately owned forest or grassland which threatens such de-
struction as would constitute a major disaster.
(Pub L. 93-288, Title IV, � 417, May 22, 1974, 88 Stat. 158.)

Historical Note
Effective Date. Section effective Apr. 1. Legislative History. For legislative history
1974, sec section 605 of Pub.L. 93-289,set and purpose of Pub.L 93-288. sec1974 U.S.
out as an Effective Date note under section Code Cong. and Adm.News. p. 3070
5121 of this title.

Code or Federal Regulations
Disaster relief, sec 44 CFR 205.1 et seq.
275

42 � 5188 PUBLIC 11FAL'I'll ANJ) '*%'I-.'I.FARE-

� 5188. Timber safe contracts

(a) Cost-sharing arrangement
Where an existing timber sale contract between the Secretary of Agricul-
ture or the Secretary of the Intefior and a timber purchaser does not provide
relief from major physical change not due to negligence of the purchaser
prior to approval of construction or any section of specified road or of any
other specified development facility and, as a result of a major disaster, a
major physical change results in additional construction work in connection
with such road or facility by such purchaser with an estimated cost, as de-
termined by the appTOpriate Secretary, (1) of more than S1,000 for sales
under one million board feet, (2) or more than SI per thousand board feet
for sales of one to three million board feet, or (3) of more than S3,000 for
sales over three million board feet, such increased construction cost shall be
borne by the United States.

(b) Cancellation of authority
If the appropriate Secretary delermines, that damage% arc so great that
restoration, reconstruction, or construction is not practical under the cost-
sharing arrangement authorized by subsection (a) or this section, he may
allow cancellation of a contract entered into by his Department notwith-
standing contrary provisions therein.

The Secretary of Agriculture is authorized to reduce to seven days the
minimum period of advance public notice required by section 476 of Title
16, in connection with the sale of timber from national forests, whenever the
Secretary determines that (1) the sale of such timber will assist in the con-
struction of any area of a State damaged by a major disaster, (2) the sale of
such timber will assist in sustaining the economy of such area, or (3) the
sale of such limber is necessary to salvage the value of timber damaged in
such major disaster or to protect undamaged limber.

(d) State grants for removal ol damaged timber; reimbursement of
expenses limited to salvage value of removed timber

The President, when he determines it to be in the public interest, is au-
thorized to make grants to any State or local government for the purpose of
removing from privalely.owned lands limber damaged as a result of a major
disaster, and such State or local government is authorized upon application,
to make payments out or such grants to any person for reimbursement or
expenses actually incurred by such person in the removal of damaged tim-
ber, not to exceed the amount that such expenses exceed the salvage value of
such timber.

(Pub.L. 93-288. Tilic IV. � 418, May 22. 1974, 8.9 Sim. 158.)
276

CH. 68 DISASTER RELIEF 42 � 5201

Historical Note
References in Text. Section 476 of Title out as an Effective Date note under section
16, referred in in subsec (c). was repealed by 5121 of this title.
Pub.L. 94-588. � 13, Oct. 22, 1976, 90 Stat. Legislative History. For legislative history
2959. and purpose of Pub.L. 93-288. sec 1974. U.S.
Effective Date. Section effective Apr. 1, Code Cong. and Adm.News, p. 3070.
1974, see section 605 of Pub.L. 93-288, set

Code of Federal Regulations
Application for assistance, see 43 CFR 1815.0-3 et seq.

� 5189. Alternate contribution
In any case in which the Federal estimate of the total cost or (1) repair-
ing, restoring, reconstructing, or replacing, under section 5172 of this title,
all damaged or destroyed public facilities owned by a State or local govern-
ment within its jurisdiction, and (2) emergency assistance under section
5146 of (his title and debris removed under section 5173 or this title, is less
than $25,000, then on application of a State or local government, the Presi-
dent is authorized to make a contribution to such State or local government
under the provisions of this section in lieu of any contribution to such State
or local government under section 5146, 5172, or 5173 of this title. Stich
contribution shall be based on 100 per centurn of such total estimated cost,
which may be expended either to repair, restore, reconstruct, or replace all
such damaged or destroyed public facilities, to repair, restore, reconstruct,
or replace certain selected damaged or destroyed public facilities, to con-
struct new public facilities which the State or local government determines
to be necessary to meet its needs for governmental services and functions in
the disaster-affected area, or to undertake disaster work as authorized in
section 5146 or 5173 of this title. The cost of repairing, restoring, recon-
structing, or replacing damaged or destroyed public facilities shall be esti-
mated on the basis of the design of each such facility as it existed immedi-
ately prior to such disaster and in conformity with current applicable codes,
specifications and standards.
(Pub.L. 93-288, Title IV. � 419, May 22, 1974, 88 Stat. 159.)

Historical Note
Effective Date. Section effective Apr. 1. Legislative History. For legislative history
1974, sec section 605 of Pub.L 93-288, set and purpose of Pub.L. 93-288. sec 1974 U.S.
out as an Effective Mite note under section Code Cong. and Adm.News@, p. 3070.
5121 or this title.

SUBCHAPTER V-MISCELLANEOUS

� 5201. Rules and regulations; acceptance of gifts
(a) The President may prescribe such rules and regulations as may be
necessary and proper to carry out any of the provisions of this chapter, and
he may exercise any power or authority conferred on him by any section of
this chapter either directly or through such Federal agency or agencies as he
may designate.
277

42 � 5201 PUBLIC HEALTH AND WELFARE

(b) In furtherance of the purposes of this chapter, the President or his
delegate may accept and use bequests, gifts, or donations of service, money,
or property, real, personal, or mixed, tangible, or intangible. All sums re-
ceived under this subsection shall be deposited in a separate fund on the
books of the Treasury and shall be available for expenditure upon the certifi-
cation or the President or his delegate. At the request of the President or
his delegate, the Secretary of the Treasury may invest and reinvest excess
monies in the fund. Such investments shall be in public debt securities with
maturities suitable for the needs of the fund and shall bear interest at rates
determined by (he Secretary of the Treasury, faking into consideration cur-
rent market yields on outstanding marketable obligations of the United
States or comparable maturities. The interest on such investments shall be
credited to, and form a part of, the fund.
(Pub.L. 93-288, Title VI, � 601, May 22, 1974. 88 Stat. 163; Pub.L. 96-446. � 1(2).
(3), Oct. 13, 1980, 94 Slat. 1893.)

Historical Note
References in Text. This chapter. referred Effective Date. Section effective Apr. 1,
to in text, in the original read "this Act". 1974, sec section 605 of Pub.L. 93-288, set
meaning Pub.L. 93-288, May 2Z 1974, 8K out as an Effective Date note under section
Stat. 143. For complete classification of this 5121 of this title.
Act to the Code, see Short Title note set out Legislative History. For legislative history
under section 5121 of this title and Tables and purpose of Pub.L. 93-288. see 1974 U.S.
volume. Code Cong. and Adm.News. p. 3070. Sec.
1980 Amendment. Subsec. (a). Pub.L. also. Pub.L. 96-446. 1980 U.S.Code Cong.
96-446, � 1(2), designated existing provisions and Adm.News, P. 3977.
as, subsec. (a).
Subsec. (b). Pub.L. 96-446, � 1(3), added
subsec. (b).

Code of Federal Regulations
Disaster preparedness aid, see 44 CFR 300.1 et seq.
New communities assistance, see 24 CFR 720.1 et seq.
Temporary housing. see 44 CFR 206.1 et seq.

� 5202. Authorization of appropriations
Except as provided by the amendment made by section 501, there are
authorized to be appropriated to the President such sums as may be necessa-
ry to carry out this chapter through the close of September 30, 1981, and to
the Federal Emergency Management Agency such sums as may be necessa-
ry for administrative expenses through the close of September 30, 1981.
(Pub.L. 93-288, Title VI, � 606. May 22, 1974, 88 Stat.164. Pub.L. 95-51, � 1.
June 20, 1977. 91 Slat. 233; Pub.L 96-568. � 2. Dec. 22, 1980, 94 Stat. 33.14.)

Historical Note
References in Text. The amendment made 93-288. May 22, 1974, 88 Stat. 143. For
by section 501. referred to in text, means the complete classification of this Act to the
enactment or subchapter Vill (section 3231 et Code, see Short Title note set out under sec-
seq.) of chapter 38 of this title by section 501 tion 5121 or this title and Tables volume.
of Pub.L. 93-288.
This chapter, referred to in text. in the 1980 Amendment. Pub.L. 96-568 extend-
original read "this Act". meaning Pub.L. ed authorization from Sept. 30. 1980. to Sept.
278

CH. 68 DISASTER RELIEF 42 � 5202

30, 1981, and added authorization for Federal Legislative History. For legislative history
Emergency Management Agency. and purpose of Pub. I.. 93-288, see 1974 U.S.
1977 Amendment. Pub.L. 95-51 substitut- Code Cong. and Adm. News, p 3070. See,
ed "September 30, 1980" for "June 30, 1977". also, Pub. I. 95-51, 1977 U.S. Code Cong. and
Effective Date. Section effective Apr. 1, Adm. News, p. 353. Pub. I. 96-568, 1980
1075, see section 605 of Pub. L. 93-288, set U.S. Code Cong. and Adm. News, p. 6925.
5121 of this title.

279

2. Emergency Relief for Federal-Aid Roads, 23 U.S.C.A. 125.

125. Emergency relief

(a) An emergency find is authorized for expenditure by the Secretary,
Subject to the provisions of this section and section 120 of this title, for the
repair or reconstruction of highways, roads, and trails which the Secretary
shall find have suffered serious damage as the result of (1) natural disas-
ter over a wide area such as by floods, hurricanes, tital waves, earthquakes,
severe storms, or landslides, or (2) catastrophie failures from any external
cause, in any part of the United States. In no event shall funds be used
pursuant to this section for the repair or reconstruction of bridges which
have been permanently closed to all vehicular traffic by the State of re-
sponsible local official because of imminent danger of collapse due to
structural deficiencies or physical deterioration. Subject to the following
limitations, there is hereby authorized to be appropriated from the High-
way Trust Fund such sums as may be necessary to establish the fund au-
thorized by this section and to replenish it on an annual basis: (1) Not
more than $50,0000,000 is authorized to be expended in any fiscal year
ending before June 1, 1976, to carry out the provisions of this section and
to be expended in any one fiscal year commencing after June 30, 1972, and
ending before June 1, 1976, to carry out the provisions of this section and
an additional amoutn not to exceed $100,000,000 is further authorized to
be expended in the fiscal year ending June 30, 1973, to carry out the provi-
sions of this section, and not more than $25,000,000 for the three-month
period beginning July 1,1976, and ending September 30, 1976, is au-
thorized to be expended to carry out the provisions of this section, and
not more than $100,000,000 is authorized to be expended in any one fiscal
year commencing after September 30, 1976, and not more than $100,000,-
000 Is authorized to be expended in any one fiscal uear commencing after
September 30, 1980, to carry out the provisions of this section, except that,
If in any fiscal year the total of all expenditures under this section is less
than the amount authorized to be expended in such fiscal year, the unex-
pended balance of such amount shall remain available for expenditure
during the next two succeeding fiscal years in addition to amounts other-
wise available to carry out this section in such years, and (2) prior to the
fiscal year ending September 30, 1978, 60 per centum of the expenditures
under this section for any fiscal year are authorized to be appropriated

23 � 125 HIGHWAYS

from the Highway Trust Fund avid life remaining 40 per centum of such
expenditures are authorized to be appropriated only from any moneys in
the Treasury not otherwise appropriated, and for any fiscal year thereafter,
100 per centum of such expenditures are authorized to be appropriated out
of the Highway Trust Fund. For the purposes of this section the period
beginning July 1, 1976, and ending September 30, 1974, shall be deemed
to be. a part of flit- fiscal year ending September 30, 1977. Pending such
appropriation or replenishment the Secretary may expend from any funds
heretofore or hereafter appropriated for expenditure In accordance with
the provisions of this- title including existing Federal-aid appropriations,
such sums as may be necessary for the immediate prosecution of like work
herein authorized, such appropriations to be reimbursed from the appro-
priations herein authorized when made.
(b) The Secretary may expend funds from the emergency fund herein
authorized for the repair or reconstruction of highways on the Interstate
System, the Primary System, and on any routes functionally classified as
arterials, or Major collectors, In accordance with the provisions of this
chapter: Provided, That obligations, for projects under this section. In-
cluding those highways, roads, and trails mentioned in subsection (c)
of this section. resulting from a single natural disaster or a single cata-
strophic failure shall not exceed $30,000,000 in any State. Notwithstand-
Ing any provision or this chapter actual and necessary costs of maintenance
and operation of ferryboats providing temporary substitute highway traf-
fic service, less the amount of fares charged. may be expended from the
emergency fund herein authorized on the Interstate System, the Primary
System, and on any routes functionally classified as arterials or major col-
lectors. Except as to highways, roads, and trails mentioned in subsection
(c) of this section. no funds shall be so expended unless, the Secretary has
received an application therefor from the State highway department. and
unless an emergency has been declared by the Governor or the State and
concurred in by the Secretary, except that if the President has declared
such emergency to be a major disaster for the purposes of the Disaster Re-
lief Act or 1974 (Public Law 93-288). concurrence or the Secretary is not
required.
(c) The Secretary may expend funds from the emergency fund herein
authorized, either independently or in cooperation with any other branch
of the Government State agency, organization. or person. for the re-
pair or reconstruction of forest highways. forest development roads and
trails, park roads and trails, parkways. public lands highways. public
lands development roads and trails, and Indian reservation roads, wheth-
er or not such highways, roads, or trails are routes functionally classified
as arterials or major collectors.
As amended Pub.L. 99-574, 9(b), (c), Sept. 13. 1966, 80 Slat. 769:
Pub.L. 90-495. 1 27(a). Aug. 23, 1968, 92 Slat. 829; Pub.L. 91-605.
Title 1. 1 109(a). Dec. 31, 1970. 84 Slat. 1718; Pub.L. 92-361. Aug. 3,
1972, 96 Slat. 503; Pub.L. 94-280, Title 1, 1 119. May 5, 1976, 90 Slat.
437; Pub.L. 95-599, Title 1. 119, Nov. 6. 1978, 92 Slat. 2700; Pub.L.
96-106, 19. Nov. 9. 1979, 93 Slat. 799; Pub.L. 97-424, Title 1. 153
(a), (c). (d).(h). Jan. 6, 1983. 96 Stat. 2132. 2133.
Refereneren In Text. Disaster Relief
74

3. Section 1362 of the National Flood Insurance Act, as Amended
(42 U.S.C.A. � 4103) - Purchase of Insured Properties Damaged
Substantially Beyond Repair by Flood

42 �� 4101, 4102 PUBLIC HEALTH AND WELFARE 146
SUBCIIAPTER 111-COORDINATION OF FLOOD INSURANCE WITH
LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE AREAS

4101,4102.

Transfer of Functions. Ali functions vested eral Emergency Management Agency under
in the Secretary of Housing and Urban Devel section 202 of Regorganization Plan No.3 of
opment pursuant to the provisions of this chap 1978,43 F.R. 419. 92 Seat. 9808, set out in
ter were transferred to the Meow of the Fed- the Appendix to Title 5. Government Organiza--

4103. Purchase of Insured properties damaged substantally beyond repair by
flood

(a) Transfer to Stale or local agencies for use for prescribed period consistent with sound
land management and use
The Secretary may, when he determines that the public interest would be served
thereby, enter into negotiations with any owner of real property or interest therein
which-
(1) was located in any flood-risk area, as determined by the Secretary,
(2) was covered by flood insurance under the flood insurance program autho.
rized under this chapter, and
(3) incurred significant flood damage on not less than three previous occasions
over a five-year period of time and on each occasion the cost of repair, on the
average, equaled or exceeded 25 per centum of the value of the structure at the
time of each flood event or was damaged substantially beyond repair by flood
while so covered,
and may purchase such property or interests therein, for subsequent transfer. by We,
lease, donation, or otherwise, to any State or local agency which enters into in
agreement with the Secretary that such property shall, for a period not less than
forty years following transfer,be used for only such purposes. as the Secretary may,
by regulation. determine to be consistent with sound land management and use in
such area.

(b) Real property purchases-, single casualty damages
When any real properly referred to in paragraphs (1) and (2) of subsection (a) of
this section has sustained damage as a result of a single casualty of any nature under
such circumstances that it statute. ordinance ur regulation pVrlud3 its repair or
restoration or permits repair or restoration only at a significantly increased construe-
tion cost, the Secretary may enter into negotiations with the owner of the property or
interest therein fur the purchase of such property for the uses and purposes of this
secton.

(c) LAw-Interest loans for single-family dwellings;, authorization of appropriations
Whenever, as a result of damage from any casualty, the repair, reconstruction, or
substantial improvement of any single-family dwelling structure located within a
regulatory floodway and insured under the flood insurance program is deemed by the
Secretary to be made more effective from the standpoint, of prudent flood plain
management by elevation of the structure so it will not interfere with the flow of
water from the base flood within such regulatory floodway. the Secretary is authoriz-
ed to make a low-interest loan at a rate of interest of 2 per centum per annum,
repayable in ten years, to the owner of any such structure for the purpose of so
elevating the structure. There is authorized to be appropriated for purposes of
implementing this subsection not to exceed $4,500.000.

(d) Regulation
The Secretary is authorized to issue such regulations as may be necessary to carry
out the purposes of this section.
(As amended Pub.L. 95 -128, Title VII, 704(b), Oct. 12.1977. 91 Stat. 1145.)
Reference In Test. This chapter, referred to tional Flood Insurance Acto of 1968. which en
In subec. (ak2), is Pub L. 90-44B, Title XIII. acted this chapter. amended section 2414 of this
Aug. 1. 1968. 82 Stat. 572. known as the No- title. repeated vocudu 2401 and 2415 to

Title 42, United States Code Annotated

4. Economic Recovery for Disaster Areas, Title VIII of the Public Works and
Economic Development Act of 1965, as amended by the Disaster Relief Act of
of 1974; (42 U.S.C.A. � � 3231 to 3236).

SUBCHAPTER VIII-ECONOMIC RECOVERY FOR DISASTER
AREAS

323 1. Congressional statement of purpose
(a) It is the purpose of this subchapter to provide assistance for
the economic recovery, after the period of emergency aid and replace-
ment of essential facilities and services, of any major disaster area
106

Ch. 38 ECONOMIC DEVELOPMENT 42 � 3232

which has suffered a dislocation of its economy of sufficient severity
to require (1) assistance in planning for development to replace that
lost in the major disaster; (2) continued coordination of assistance
available under Federal-aid programs; and (3) continued assistance
toward the restoration of the employment base.
(b) As used in this Chapter, the term "major diSaster" means a
major disaster declared by the President in accordance with the Disas-
ter Relief Act of 1974.
Pub.L. 89-136, Title VIII, � 801, as added Pub.L. 93-289, Title V, �
501, May 22, 1974, 88 Stat. 160.

Historical Note

Reference In Text. The DisAster Re-
Ref Act of 1974, referrel to in subsee (b), 1971, see section 605 of Bub. 1. 93 288, set.
IN Pub.L. 03 288, which conected this sub- ot as a note under section 5121
chapter and chapte 68 (section 5121 et title.
seq. of this title. Provisioons for the
President's declaration of the existene of Legisintive History. For legisintive
a major disaser are retained in section history and purpose of Pubj. 93 288
5141 of this title see 191 U.S. Code Cong. and Adm. News,
p. 3070.

� 3232. Disaster recovery planning

Recovery Planning Council;designation membership
(a)(]) In the case of any area affected by I major disaster the
Governor may request the President for assistance under this sub-
chapter. The Governor, within thirty days after authorization of Stich
assistance by the President, shall designate a Recovery Planning
Council fOr Stich area or for each part thereof.
(2) Such Recovery Planning Council shall be composed of not less
than five members, a majority of whom shall be local elected officials
of political subdivisions witbin the affected areas, at least one repre-
sentative of the State, and a representative of the Federal Government
appointed by the President in accordance with paragraph (3) of this
subsection. During the major disaster, the Federal coordinating offi-
cer shall also serve on the Recovery Planning Council.
(3) The Federal representative on such Recovery Planning Council
may be the Chairman of the Federal Regional Council for the affected
area, or a member of the Federal Regional Council designated by the
Chairman of Such Regional Council. The Federal representative on
such Recovery Planning Council may be the Federal Cochairman of
the Regional Commission established pursuant to subchapter V of this
chapter, or the Appalachian Regional Development Act of 1965, or his
designee, where all of the area affected by a major disaster is within
the boundaries of Such Commission
(4) The Governor may designate an existing multijurisdictional or-
ganization as the Recovery Planning Council -where such organization
'107

42 � 3232 PUBLIC HEALTH AND WELFARE' Ch. 38

complies with paragraph (2) of this, subsection with the addition of
State and Federal representatives except that if all or part of an area III area
multijurisdictional organization estblished under a major jurisdiction of an existing
this chapter or title nal organization established under subchapter IV of
OF 1965 Such organization, with the addition of State and Federal rep Development Act
of 1965, such organization, with the addition of State and Federal rep-
resentatives in accordance with paragraph (2) of this subsection, shall
be designated by the Governor as, the Recovery Planning Council. In
any case in which such title III or subchapter IV organization is des-
ignated as the Recovery Planning Council under this paragraph, sonic
local elected officials (if political subdivisions within the affected areas
must be appointed to serve on such Recovery Planning Council.
Where, the organization designated as the, Recovery Planning
Council shall be or shall be subsequently designated is the appropriate
agency required by section 3334 of this title and by the Intergovern-
mental Cooperation Act of 1968.
(5) The Recovery Planning Council (1)shall review existingplans include private citizens as
members to the extent feasible, and shall provide for-and encourage
public participation in its deliberations and decisions.

Review and revision of plans
(b) The Recovery Planning, Council (1) shall review existing plans
for the affected area; and (2) may recommend to the Governor and
responsible local governments such revisions as it determines neces-
sary for the economic recovery of the area, including the development
of new plans and the preparation of I recovery investment plan for
the 5-year period following the declaration of the major disaster. The
Recovery Planning Council shall accept as one element of the recovery
investment plans determinations made under section 5172(f) of this
title.

(c)(1) A recovery investment plan prepared by a Recovery Plan-
ning Council may recommend the rev isin, deletion, reprograming, or
additional approval of Federal-aid projects and programs within the
area.-
(A) for which application has been made but approval not yet
granted;
(B) for which funds have boun obligated or approval granted
but construction not yet begun;
(C) for which funds have been or are scheduled to be appor-
tioned % within the five years after the declaratiun of the disster;
(D) which may reasonably be available to the area under any
State schedule or revised State schedule - of priorities; or
(E) which may reasonably be anticipated as becoming available
under existing programs.
108

Ch. 38 ECONOMIC DEVELOPMENT 42 � 3233

(2) Upon the recommendation of the Recovery Planning Council
and the request of till- Governor, any or programs
identified pursuant to paragraph (1) of this subsection may, to any
extent consistent with appropriation Acts, be placed in reserve by the
responsible Federal agency for use in accordance with such recommen-
-dations. Upon the.request of the Governor and with the concurrence
of-affected local governments. such fund-, may be transferred to the
Recovery Planning Council to be expended in the implementation of
the recovery investment plan, except that no such transfer may be
made unless such expenditure is for a project or program for which
such funds originally were made available by an appropriation Act.
Pub.L. 89-136, Title Vill, � 802, as added Pub.).- 93-288, Title V, �
501, May 22, 1974, 88 Stat. 160.

Historical Note

Reference In Text. The Applachian Effective Date. Section effective Apr.1
Regional Development Act of 1965,re 1974. are section G5 of Pub.A 93-288
ferred to in sbsee. (n)(3). (4), is Pub. set out as a note under setion 5121 of
89-4. Mar. 9. 1965), 79 Stat. 5, which is set this title.
out in THE Appendix TO TITLE 40, Public

tle.

� 3233. Public works and development facilities grants and
loans

Funds for recovery investment plans
(a) The President is authorized to provide funds to any Recovery
Planning Council for the implementation of a recovery investment
plan by public bodies. Stich funds may be used-
(1) to make loans for the acquisition or development of land
and improvements for public works, public service, or development
facility usage, including the acquisition or development of parks
or open spaces, and the acquisition, construction, rehabilitation,
alteration, expansion, or improvement of such facilities, including
related machinery and equipment, and
(2) to make supplementary grants to increase the Federal
share for projects for which funds are reserved pursuant to see
tion 3232(c)(2) of this title, or- other Federalaid projects in the
affected at-ea.

(b) Grants and lom.s under thi- section may be made to any State.
local government. or private or public nunprofit organization repre-
enting any area or part thereof af fect-ed by a major disaer.
109

42 � 3233 PUBLIC HEALTH AND WELFARE Ch.38

(c) No supplementary grant shall increase the Federal share of the
cost of any project to greater than 90 per centum. except in the case
of a grant for the benefit of Indians or Alaska Natives. or in the case
of any State or local government which the President determines has
exhausted its effective taxing and borrowing capacity.

(d) Loans under this section shall bear interest at a rate deter-
mined by the Secretary of the Treasury taking, into consideration the
current average market yield oil outstanding marketable obligations of
the United States with remaining periods to maturity comparable to
the average maturities of such loans, adjusted to the nearest one-
eighth of I per centum, less I per centtim per annum.

Assistance resulting in relocation of establishments or
divestiture of contructorm prohibited
(c) Financial assistance under this subchapter shall not be extended
to assist estabisments relocating from one area to another or to as-
sist subcontractors whose purpose is to divest, or whose economic suc-
cess is dependent upon divesting, other contractors or subcontractors
of contracts therefore customarily performed by them. Stich limita-
tions shall not be construed to prohibit assistance for the expansion of
an existing business entity through the establishment of a new
branch, affiliate, or subsidiary of such entity if the Secretary of Com-
merce finds that the establishment of such branch, affiliate, or subsid-
iary will not result in an increase in unemployment of the area of
original location or in any other area where such entity conducts busi-
ness operations, unless the Secretary has reason to believe that such
branch, affiliate, or subsidiary is being established with the intention
of closing down the operations of the existing business entity in the
area of its original location or in any other area where it conducts
such operations.
Pub.L. 89-136, Title Vill, � 803, as added Pub.L. 93 288, Title V,
501, May 22, 1974, 88 Stat. 161.

Historical Note

Effective Date. Section effective Apr. 1 Legislative History. For legislative
1974. see section 695 of Pub.L.93 288, set History and purpose of Pub.L.93 288,see
out as a note under section 5121 of this 1974 U.S. Code Cong. and Adm.News.p.
title. 3060.

� 3234. Loan guarantees
The President is autorized to provide funds to Recovery Planning
Councils to guarantee loans made to private borrowers by private lend-
ing institutions (1) to aid in financing any project within an area af-
fected by a major disaster for the purchase or development of land
110

Ch. 38 ECONOMIC DEVELOPMENT 42 � 3235

and facilities (including machinery and equipment) for industrial or
commercial usage including the construction of new buildings, and re-
habilitation of abandoned or unoccupied buildings, and the alteration,
conversion, or enlargement of existing buildings; and (2) for working
capital in connection with projects in areas assisted under paragraph
(1), upon application of such institution and upon such terms and con-
ditions as the President may prescribe. No such guarantee shall at
any time exceed 90 per centium of the amount of the outstanding un-
paid balance of such loan.
Pub-L 89-136, Title VIII, � 804. as added Pub.L, 93-288, Title V,
601, May 22, 1974, 88 Stat. 162.

Historical Note

Effective Date. Section effective Apr. 1. Legislative History. For legislative
1974,see section 605 of Pub.L.93-288 set history and purpose of Pub.L.93-288,see
out as a note under section 5121 of this 1974 U.S. Code Cong. and Adm. News, p.
title. 3070.

� 3235. Technical assistance

Projects for economic recovery
(a) In Carrying out the purpose of this subchapter the President is
authorized to provide technical assistance which would be useful in fa-
cilitating economic recovery in areas affected by major disasters.
Such assistance shall include project planning and feasibility studies,
management and operational assistance, and studies evaluating the
needs of, and developing potentialities for, economic recovery of such
areas. Such assistance may be. provided by the President directly,
through the payment of funds authorized for this subchapter to other
departments or agencies of the Federal Government, through the em-
ployment of private individuals, partnerships. firms, corporations, or
suitable institutions, tinder contracts entered into for such purposes,
or through grants-in-aid to appropriate public or private nonprofit
State, area, district, or local organizations.

Grants for federal share of administrative expense
(b) The President is authorized to make grants to defray not to ex-
ceed 75 per centum of the administrative expenses of 'Recovery Plan-
ning Councils designated pursuant to section 3232 of this title. In de-
termining the amount of the non-Fedral share of such costs or ex-
penses, the President shall give due consideration to all contributions
both in cash and in kind, fairly evaluated, including but not limited to
space, equipment, and services. Where practicable, grants-in-aid au-
thorized under this subsection shall be used in conjunction with other
available planning grants. to assure adequate and effective planning
and economical use of funds.
Pub.L. 89-136, Title VIII, � 805, as added Pub.L. 93--288, Title V. �
501, May 22, 1974, 88 Stat. 162.

42 � 3235 PUBLIC HEALTH AND WELFARE Ch. 38

HistoricAl Note

Effective Date. Section effective Apr.! Legislative History. For legislative
1974.see section 605 of Pub.L.93 288, set history and purpose of Pub.L.93 288,see
out as a note under section 5121 of this 1971 U.S.Code Cong. and Adm.News,p.
title. 2050.

REPEALED $ 3236. Authorization of appropriations
There is authorized to be appropriated not to exceed $250,000.000 to
carry out this subchapter.
Pub.L. 89 136,title VIII.806,as added PubL 93 288, Title V,
501, May 22,1974, 88 stat. 163.

Historical Note

Effective Date. Section effective Apr.1. Legislative History. For legislative
1974, see section 605 of Pub.L. 93 288,set history and purpose of Pub.L. 93 288, see
out as a note under section 5121 of this 1971 U.S. Code Cong. and Adm. News, p.
2070.

Appendix II

Federal Disaster Assistance Programs Regulations

1. Federal Disaster Assistance (PL 93-288): 44 Code of Federal
Regulations, Part 205.

Part 205 Title 44-Emergency Management and Assistance
than $1,000 are not to be submitted Subpart C-(Resreved)
more than than quarterly Subpart D-Major Disasters
(b) Request for reimbursement
shall be in sufficient detail to identify Sec.
and segregate: (1)Personal services 205.39 General.
travel, and (3)all other expenses. 205.40 Definitions.
Supporting documentation shall in- 205.41 Requests for major disaster assist.
clude a breakdown of eligible personal ance.
services, list contracts and an expla- 205.42 Processing a request of a Governor
nation of other cost.The reimburses for a declaration of a "major disaster".
ment request shall eite the specific di- 205.43 initiation of Federal assistance.
rective or request for assistance, issued 205.44 Federal-State agreement.
by the Associate Director or Regional 205.45 Temporary housing assistance.
Diretor, under which costs were in- 205.46 Disaster legal services.
curped, State and location in 205.47 Disaster unempoyment Assistance.
which the work was performed, and 205.49 Food commodities.
the disaster identification number 205.50 Relocation assistance.
(c) All requests for reimbursement 205.51 Crisis counseling assistance and
shall be submitted to the Regional Di- training.
rector of the Region for which costs 205.54 Individual and family grants (IFG)
were incurred programs
Subpart E-Public Assistance
205.70 General.
205.71 Definitions.
205.72 Applicant eligibility.
PART 205-FEDERAL DISASTER 205.73 General work eligibility.
ASSISTANCE (PUBLIC LAW 93-288) 205.74 Emergency work.
205.75 Permanent work.
Subpart A-General 205.76 Eligibility of costs.

Sec. Subpart F-Community Disaster Loans.
205.1 Purpose.
205.2 Definitions. 205.90 Purpose.
205.3 Policy. 205.91 Loan program.
205.4 State emergency plans. 205.92 Responsibilities.
205.5 Assistance by Federal agencies. 205.93 Eligibility criteria.
205.6 Federal equipment and supplies. 205.94 Loan application.
205.95 Loan administration.
205.7 Use and coordination of relief organi' 205.96 Loan cancellation.
zations. 205.97 Loan repayment.
205.8-205.9 (Reserved]
205.10 Duplication of benefits. Subpart G-Fire Suppression Assistance
205.11 Nonliability of the Federal Govern-
ment. 205.100 General.
205.12 Criminal and civil penalties. 205.101 Federal-State agreements.
205.13 Reviews and reports. 205.102 Request for assistance.
205.14 Appeals. 205.103 Providing assistance.
205.15 Effective date. 205.104 Reimbursement.
205.16 Nondiscrimination In disaster assist.
ance. Subpart Project Administration
205.17 Coordinating Off Officers.
205.18 Emergency support teams. 205.110 General.
205.111 Definitions.
205.112 Implementation ofOMB Circular
Subpart B--Emergenciess A-102 (Rev.).
205.23 General. 205.113 Federal grant assistance.
205.114 Project applications.
205.24 Requests for emergency assistance. 205.115 Documentation.
205.23 Processing of State requests. 205.116 Project performance.
205.25 Initiation Federal assistance. 205.117 Final inspections.
205.27 Federal-State agreements. 205.118 Claims for reimbursement..
205.28 Emergency mass care. 205.119 Federal funding.
205.33 Time limitations. (Reserved) 205.120 Appeals.

298

Chapter I-Federal Emergency Management Agency 205.2
Sec. U.S.C. 5201); Executive Order 12148; and
"5.121 Direct Federal assistance. Delegation of Authority. 44 FR 44792.
203.122 Availability of materiala. SoUncle: 45 FR 53335, Aug. 11. 1980, unless
Subpart I-ReIrnbursoment of Other Federal otherwise noted
Agencies � 205.1 Purpose.
203.150 Purpose. The purpose of this part is to pre-
205.151 Assistance from other Federal scribe the standards and procedures to
agencies. be followed in implementing those sec-
205-152 Expenditures eligible for reim- tions of Pub. L. 93-288 assigned to the
bursement. Director, Federal Emergency Manage.
205.J53 Procedures for reimbursement. ment Agency (FEMA) by Executive
Subpart J-General Insurance Requiromenft Or4er 12148 and delegated to the As-
sociate Director, FEMA.
205.200 General.
205.201 Definitions. 6 205.2 Derinitions.
205.202 Exclusions. (a) General. The following defini-
205.203 Applicability. tions have general applicability
205.204 Type of insurance. throughout this part:
205.205 Extent of insurance.
205,200 Duration of Insurance coverage. (1) "The Act" means the Disaster
205.207 Assurances for categorical grants. Relief Act of 1974 Pub. L. 93-288, as
205.209 Assurances for flexible fundim amended: 42 U.S.C. 5121 et seq.
205.209 Self-insurance. (2) "Applicant" (a) for public assist-
Subpart K-Flood Insurance Requirements ance (Subpart E) means the State.
local government, or eligible private
205.250 General. nonprofit facility submitting a project
205.251 Definitions. application or request for direct Feder-
205.252 Exclusions. al assistance under the Act or on
205.253 Applicability. whose behalf the Governor's Author-
ized Representative takes such action,
Subpart L--[Rosarvedl and (b) for individual assistance (Sub-
part D) means an individual or family
Subpart 14-Hosord Mifigatles who submits an application or request
205.400 General. for assistance under the Act.
205.401 Definitions. (3) "Associate Director" means the
205.402 Implementing actions. Associate Director for State and Local
205.403 Responsibilities. Programs and Support, FEMA, or hisl
205.404 Surveys. her designated representative.
205,405 Hazard mitigation plans. (4) "Contractor" means any individ-
205.406 Hazard mitigation measures. ual, partnership, corporation. agency.
205.407 Land use regulations.
205.408 Construction practices. or other entity (other than an organi-
205.409 Consultations. zation engaged in the business of in-
205.410 Compliance. surance) performing work by contract
205.411 Evaluation. for the Federal Government or a State
AUTHORITY*. Sec. 7(d), Department of or local agency.
Housing and Urban Development Act (79 (5) "Designated area" means any
Stat. 670. 42 U.S.C. 3535(d)): Reorganization emergency or disaster-affected portion
Plan No. 3 of 1978 (43 FR 41943); Executive of a State which the Associate Direc-
Order 12127, dated March 31, 1979 (.44 FR tor has determined is eligible for Fed-
19367): Executive Order 12148. dated July eral assistance.
20. 1979. unless otherwise noted. (6) "Director" means the Director.
SouRcr 40 PR 23253. May 28,1975. unl(,.%S FEMA.
otherwise noted. Redesignated at 44 FR (7) "Disaster Recovery Manager"
56172, Sept. 28. 1979. means the person appoInted to exer-
cise the authority of a Regional Direc-
Subpart A-General tor for a particular emergency or
major disaster.
AUTHORITY: SM. 601. DI%;L%Wr Relief Act (8) **Emergency" means any hurri-
of 1974, Pub. L 93-288. 138 Stat. 163 (42 cane. tornado. storm, flood, high

299

� 205.2 Title 44-Emorgency Management and Assistance

water, winddrive water, tidal wave. the President, causes damage of suffi-
tsunami, earthquake. volcanic erup- cient severity and magnitude to war-
tion, landslide, mudslide, snowstorm, rant major disaster assistance under
drought, fire, explosion, or other ca- this Act, above and beyond emergency
tastrophe In any part of the United services by the Federal Government,
States which requires Federal emer- to supplement the efforts and availa-
gency assistance to supplement State ble res6urces of States, local govern-
and local efforts to save lives and pro- ments. and disaster relief organiza-
tect property, public health and safety tions In alleviating the damage, loss,
or to avert or lessen the threat of a hardship. or suffering caused thereby.
major disaster. For the purpose of (15) "Private nonprofit organiza-
these regulations, an emergency exists tion" means any nongovernmental
when the President so determines. agency or entity that currently has (I)
(9) "Federal agency" means any de- an effective ruling letter from the U.S.
partment, independent establishment, Internal Revenue Service granting tax
Government corporation, or other exemption under Section 501 (c). (d),
agency of the executive branch of the or (e) of the Internal Revenue Code of
Federal Government, Including the 1954 or (H) satisfactory evidence from
United States Postal Service, but shall the State that the organization or
not Include the American National entity is a nonprofit one organized or
Red Cross. doing business under State law.
(10) "Federal Coordinating Officer (16) "Public facility" means any pub-
(FCO)" means the person appointed licly owned nood control. navigation,
by the Associate Director to coordi- Irrigation, reclamation, public power,
nate Federal assistance in an emergen- sewage treatment and collection,
cy or a major disaster. water supply and distribution, water-
(11) "Governor" means the chief ex- shed development, or airport facility;
ecutive of any State or the Acting any non-Federal-aid street. road, or
Governor highway; and any other public build-
(12) "G@vernor's Authorized Repre- ing, structure. or system. Including
sentative" means the person named by those used for educational or recre-
the Governor in the Federal-State ational purposes, or any park.
Agreement to execute on behalf of the (17) "Regional Director" means a di-
State all necessary documents for dis- rector of a regional office of the Fed-
aster assistance and evaluate and to eral Emergency Management Agency
transmit local government, eligible pri- (FEMA), of his/her designated repre-
vate non-private facility, and State sentative. As used in these regulations
agency requests for assistance to the Regional Director also means the Dis-
Regional Director following a major aster Recovery Manager who has been
disaster or emergency declaration. appointed to exercise the authority of
(13) "Local government" means (I) Regional Director for a particular
any county, city, village, town, district. emergency or major disaster.
or other political subdivision of any (18) "State" means any State of the
State; any Indian tribe or authorized United States, the District of Colum-
tribal organization; or Alaska Native bia, Puerto Rico, the Virgin Islands.
village or organization. and (ii) in- Guam. Atnerican Samoa, the Trust
cludes any rural community or unin- Territory of the Pacific Islands, or the
corporated town or village or any Northern Mariana Islands.
other public entity for which an appli- (19) "State Coordinating Officer
cation for assistance Is made by State (SCO)" means the person appointed
or political subdivision thereof. by the Governor to act in cooperation
(14) "Major disaster" means any -with the Federal Coordinating Officer.
hurricane, tornado, storm, flood, high- (20) "State emergency plan" as used
water. wind-driven water. tidal wave In Section 301(b) of the Act means
tsunami, earthquake, volcanic erup- that State plan which Is designated
tion, landslide, mudsIlde. snowstorm, specifically for State-level response to
drought. fire, explosion, or other ca- emergencies or major disasters and
tastrophe In any part of the United which sets forth actions to be taken by
States which, In the determination of the State and local governments, in-

300

Chapter I-Federal Emergency Management Agency � 205.5

cluding those for implementing Feder- wetlands, and environmental planning.
-al disaster assistance. to reduce losses from disasters.
(21) "Temporary housing" means (b) It is also the policy of FEMA to
emergency or temporary accommoda- foster the development of State and
tions provided by the Federal Govern- local government organizations and
ment to Individuals or families made plans for coping with disasters, and to
homeless by an emergency or a major provide advice and guidance to Federal
disaster (see 1205.52). agencies and States and local govern-
(22) "United States" means the 50 ments on organization and prepared-
States, the District of Columbia, ness to meet the effects of disasters.
Puerto Rico, the Virgin Islands, (c) It Is further a policy of FEMA to
Guam, American Samoa, the Trust ensure that the Individual disaster vic-
Territory of the Pacific Islands. and tims are informed of available Federal
the Northern Mariana Islands. assistance and to assist individual vic-
(23)'*Voluntary organization" means tims in obtaining the Federal assist-
any chartered or otherwise duly recog- ance to which they are entitled.
nized tax-exempt local, State, or na- Through coordination of all Federal
tional organization or group which has programs and procedures, FEMA shall
provided or may provide needed serv- facilitate, wherever possible, the vic-.
ices to the States, local governments, tims' understanding of these programs
or individuals in coping with a disas- and simplify any actions required on
ter. the part of those victims who apply
(b) Definitions which apply to Indi- for assistance.
vidual subparts are found in those sub-
parts. 0 205.4 State emergency plans.
(45 FR 53335, Aug. 11. 1980, as amended at The State shall set forth in the
46 FR 45138, Sept. 10. 19811 State's emergency plan all responsibil-
ities and actions specified in the Act
205.3 Policy. and these regulations that are re-
(a) It is the policy of the Federal quired of the State and Its political
Emergency Management Agency subdivisions to prepare for and re-
(FEMA) to provide an orderly and con- spond to disasters and to facilitate the
tinuing means of assistance by the delivery of Federal disaster assistance.
Federal Government to State and 9 205.5 Assistance by Federal agencies.
local governments - In carrying out
their responsibilities to alleviate the (a) Upon the declaration of a major
suffering and damage that result from disaster or an emergency by the Presi-
major disasters and emergencies by: dent, the Associate Director or the Re-
(1) Providing Federal assistance for gional Director may direct any Federal
public and private losses and needs agency to provide assistance to State
sustained from disasters; and local governments by:
(2) Encouraging the development of (1) Utilizing or lending their equip-
comprehensive disaster preparedness ment, supplies, facilities, personnel,
and assistance plans. programs, capa- and other resources, other than the
bilities, and organl7ations by the extension of credit under the authori-
States and local governments; ty of any act;
(3) Achieving greater coordination (2) Distributing medicine, food, and
and responsiveness of disaster prepar. other consumable supplies; and
edness and relief programs. (3) Rendering assistance under the
(4) Encouraging individuals. States. authority of the Act. Such assistance
and local governments to obtain Insur- Is provided with or without compensa-
ance coverage and thereby reduce tion as considered appropriate by the
their dependence on governmental as- Associate Director or Regional Direc-
sistance; tor under the provisions of "Subpart
(5) EnCOUTaging hazard mitigation I-Reimbursement of Other Federal
measures. such as development of Agencies" of these regulations.
land-use and construction regulations. (b) Federal agencies shall provide
floodplain management, protection of any reports or information about dis-

301

� 205.6 Title 44-Emorgency Management and Assistance

aster assistance rendered under provi- The State shall certify that the sur-
sions of these regulations, thal the plus property Is usable and necessary
FCO or Regional Director considers for current disaster purposes in order
necessary and requests from the agen- to receive a donation or loan. Such a
cies. donation or loan is made in accordance
W Assistance furnished by any Fed- with procedures prescribed by the
eral agency under paragraph (a) Of General Services Administration.
this section Is subject to the eligibility W In providing assistance under the
criteria provided by the Associate Di- Act. the Federal Government shall use
rector under these regulations and surplus Federal property to the fullest
other Instructions as the Associate Di- extent feasible.
rector or Regional Director may issue.
(d) Assistance under paragraph (a) 9 205.7 Use and coordination of relief or.
of this section, when directed by the ganizations.
Associate Director or the Regional Di- (a) In providing relief and assistance
rector, shall not affect the authority under the Act, the Associate Director
of any Federal agency to provide disas- or the Federal Coordinating Officer
ter assistance independent of the Act. may utilize. with their consent, the
However, disaster assistance by other personne II and facilities of the Ameri-
Federal agencies is subject to the co-
ordination of the Federal Coordinat- can National Red Cross. the Salvation
trig Officer. Army, the Mennonite Disaster Service.
(e) In carrying out the purposes of and other voluntary organizations in
the Act. any Federal agency may the distribution of medicine. food, sup-
accept and utilize. with the consent of plies, or other items and in the resto-
the State or local government, the ration. rehabilitation. or reconstruc-
services. personnel, materials, and tion of community services and essen-
facilities of any State or local govern- tial facilities, whenever the Associate
ment, agency. office, or employee. Director or the Federal Coordinating
Such utilization shall not make such Officer finds that such utilization Is
services, materials, or facilities Federal necessary.
in nature nor make the State or local (b) In any major disaster or emer-
government or agency an arm or agent gency. the Regional Director may pro-
of the Federal Government. vide assistance by distributing or ren-
(f) Eligible work under the provi- dering through the American National
sions of the Act Is not performed by or Red Cross. the Salvation Army, the
under the direct supervision of a Fed- Mennonite Disaster Service, and other
era] agency except when the State or voluntary organizations medicine,
local government lacks the capability food. and other consumable supplies
to perform or contract for the ap- or emergency services.
proved work or the Regional Director (c) The Associate Director may enter
determines that direct assistance Is Into agreements with the American
necessary to meet an Immediate threat National Red Cross. the Salvation
to life, health, or safety. (See Army, the Mennonite Disaster Service,
205.121, Direct Federal Assistance.) and other voluntary organizations
under which the Federal Coordinating
9205.6 Federal equipment and supplies. Officer may coordinate the disaster
(a) In any major disaster or emer- relief activities of such organizations
gency, the Associate Director or the whenever the organizations are en-
Regional Director may'direct Federal gaged In providing relief during and
agencies to donate or loan their equip- after a major disaster or emergency.
ment and supplies to State and local Any agreement shall include provi-
governments for use and distribution sions assuring that use of Federal
by them for the purposes of the Act. facilities. supplies, and services will be
(b) A donation or loan may Include In compliance with J 205.16 (non-dis-
equipment and supplies determined crimination) and � 205.10 (Duplication
under applicable laws and regulations of Benefits) of these regulations and
to be surplus to the needs and respon- such other regulations as the Asso-
stbIlItles of the Federal Government. ciate Director may Issue.

302

Chapter I-Federal Emergency Management Agency � 205.14

(d) Nothing contained in this section 1205.11 Nonliability.
shall be construed to limit or in any @rhe Federal Government shall not
way affect the responsibilities of the be liable for any claim based upon the
American National Red Cross as exercise or performance of, or the fail-
stated In Pub. L. 58-4, approved Janu- ure to exercise or perform a discretion-
Lry 5. 1905 (33 Stat. 599). ary function or duty on the part of a
19 205.8-205.9 (Reserved] Federal agency or an employee of the
Federal Government In carrying out
1205.10 Duplication orbenents. the provisions of the Act.
(a) The Associate Director, In con- � 205.12 Criminal and civil penalties.
sultation with the head of each Feder- (a) Any individual who fraudulently
al agency administering any program or willfully misstates any fact in con-
providing financial assistance to per- fiection with a request for assistance
sons, business concerns. or other enti- under the Act shall be fined not more
ties suffering losses as the result of a than $10,000 or imprisoned for not
major disaster or emergency, shall es- more than one year or both for each
tablish policies to assure that no violation.
person, business concern, or other (b) Any Individual who knowingly
entity receives any Federal assistance violates any order or regulation under
for any part of a loss suffered as the the Act shall be subject to a civil pen-
result of a major disaster or emergen- alty of not more than $5.000 for each
cy, if such person, business concern, or violation.
other entity received compensation (c) Whoever knowingly missapplies
from insurance or any other source for
that part of the loss. Partial compen- the proceeds of a loan or other cash
sation for a loss or a part of a loss suf- benefit obtained under any section of
fered as the result of a major disaster the Act shall be subject to a fine in an
or emergency shall not preclude addi- amount equal to one and one-half the
tional Federal assistance for any part times the original principal amount of
of the loss not compensated otherwise. the loan or cash benefit.
(b) [Reserved) 9 205.13 Reviews and reports.
(c) The Regional Director and the
Federal Coordinating Officer shall (a) The Associate Director shall
assure that no Federal assistance' is review the activities of Federal agen-
provided under the Act for any part of cies and State and local governments
a loss for which the applicant has providing disaster assistance, in order
been compensated from another to azsure maximum coordination and
source, as Imposed by the duplication effectiveness of such programs, and
of benefits policies established by the shall report to Congress from time to
Associate Director. time on these activities.
(d) Whenever the Associate Direc- (b) In carrying out this provision,
tor, Regional Director or Federal Co- the Associate Director may direct Fed-
ordinating Officer determines (1) that eral agencies to submit reports relat-
a person, business concern, or other ing to their disaster assistance activi-
entity has received assistance both ties- The Associate Director or the Re-
under this Act and from another gional Director may request similar re-
source for the same less and (2) that ports from the States relating to these
the amount received from all sources activities on the part of State and
exceeded the amount of the loss. the local governments. Additionally, the
Associate Director, Regional Director Associate Director may conduct inde-
or Federal Coordinating Officer shall pendent investigations, studies, and
direct the person, business concern, or evaluations as necessary to complete
other entity to pay to the Treasury an the reviews.
amount. not to exceed the amount of
Federal assistance received, sufficient � 205.14 Appeals.
to reimburse the Federal Government Any appeal is a request for reconsid-
for that part of the assistance which eration of a determination on any
exceeds the loss. action related to Federal assistance

303

100

� 205.15 Title 44-Emergency Management and Assistance
under the Act and these regulations. (2) Establish such field offices as he
Specific procedures for appeals are deems necessary;
contained in the relevant subparts of (3) Coordinate the administration of
these regulations. relief activities of other Federal agen-
I cies as well as those of the American
6 205.15 Effective date. National Red Cross, the Salvation
(a) These regulations are effective Army, the Menonite Disaster Service,
and supersede existing regulations as and other voluntary relief organiza-
of September 10, 1980. tions which agree to operate under his
(b) Any action taken in accordance advice or direction;
with previous regulations remains (4) Coordinate the administration of
valid. relief with State and local goverrunent
9205.16 Nondiscrimination in diqaqtcr as- officials;
sistance. (5) Undertake appropriate action to
make certain that all of the Federal
(a) Federal financial smsistance to agencies are carrying out their appro-
the States or their political subdivi- priate disaster assistance roles, under
sions Is conditioned on full compliance their own legislative authorities and
with Regulation 44 CFR Part 7. operational policies.
(b) All personnel carrying out Feder- (6) Take such other action, consist-
al major disaster or emergency assist- ent with authority delegated to him
ance functions, including the distribu- by the Regional Director and with the
tion of supplies, the processing of the provisions of the Act, as he may deem
applications, and other relief and as- necessary to assist local citizens and
sistance activities, shall perform their public officials in promptly obtaining
work in an equitable and impartial assistance to which they are entitled.
manner, without discrimination on the (b) The Governor shall be requested
grounds of race, religion, sex, color, to appoint a State Coordinating. Off I-
age. economic status, or national cer (SCO) in emergencies and major
origin. disasters for the purpose of coordinat-
(c) As a condition of participation in ing State and local disaster assistance
the distribution of assistance or sup- efforts with those of the Federal Gov-
plies under the Act or of receiving as- ernment. The SCO will be the princi-
sistance under the Act, government pal point of contact for the FCO re-
bodies. and other organizations shall garding coordination of State and
provide a written assurance of their local disaster relief activities , imple-
intent to comply with regulations re- mentation of the State Emergency
lating to non-discriminatJon promul- Plan. and State compliance with the
gated by the President or the Asso- Federal-State Agreement. The func-
ciate Director and shall comply with tions, responsibilities, and authorities
such other regulations applicable to of the SCO should be set forth in the
activities within an area affected by State Emergency Plan.
major disaster or emergency as the As-
soclate Director deems necessary for 140 FR 23253. May 28.1975. Redesignated at
the effective coordination of relief ef- 44 FR 56172. Sept. 28. 1979; 45 FR 53335.
forts. The provisions to be Included In Aug. 11. 1980. 45 FR 64585. Sept. 30. 19801
every Federal-State Agreement shall 9205.18 Emergency support teams.
be the provisions provided by Execu-
tive Order 11246 as amended by Ex- The Associate Director or Regional
ecutive Orders 11375, 11478 and 12086. Director shall form emergency sup-
port teams of Federal personnel to be
1205.17 Coordinating Officers. deployed In an area affected by a
(a) Upon the declaration of a nWor major disaster or emergency. Such
disaster or an emergt!ncy the Associate emergency support teams shall assist
Director will appoint a Federal Coordl- the Federal Coordinating Officer in
natIng Officer (FCO) who shall: carrying out his responsibilities pursu-
(1) Make an Immediate appraisal of ant to the -Act and these regulations.
the types of relief aid most urgently Upon request of the Associate Direc-
needed; tor, the head of any Federal depart-

304

101

Chapter I-Federal Emergency Management Agency � 205.27

ment or agency Is authorized to detail will define the particular type and spe-
to temporary duty with the emergency cific extent of Federal aid required.
support teams, on either a reimburs-
able or non-reimbursable basis as is 1205.25 Processing or State requests.
determined necessary by the Associate (a) The Regional Director shall 'ac-
Director, such personnel within the knowledge the Governor's request.
administrative jurisdiftion of the head Based on his investigation of the situa-
of the Federal department or agency tion which may include field assess-
as the Associate Director may need or me@is and consultations with appro-
believe to be useful for carrying out priate State' and Federal officials or
the functions of the emergency sup- other Interested parties, the Regional
port teams. Each such detail shall be Director shall promptly submit his
without loss of seniority. pay, or other report and recommendations to the
employee status. Associate Director.
(40 FR 23253. May 28, 1975. Redesignated at (b) The Associate Director shall for-
44 FR 56172. Sept. 28, 1979; 45 FR 53335. ward the Governor's request. together
Aug. 11. 1980; 45 FR 64585. Sept. 30, 19801 with his report and recommendations,
to the Director.
Subpart B-Emorgencies (c) The Director shall forward the
Governor's request to the President,
6 205.23 General. together with his recommendation re-
Upon the occurrence of a catastro- garding Presidential action'thereon.
phe within the State which the Gover- � 205.26 Initiation of Federal assistance.
nor finds (a) Is of such severity and
magnitude that effective response is Upon a determination by the Presi-
beyond the capability of the State and dent that an emergency exists which
the affected local governments, and warrants Federal assistance, the Asso-
(b) requires emergency assistance to ciate Director shall immediately initi-
save lives and protect property. health ate action to provide Federal assist-
and safety or to avert or lessen the ance under such determination and in
threat of a disaster, which, because of accordance with applicable laws. and
the pressures of time or because of the regulations and the Federal-State
unique capabilities of a Federal Agreement for Emergencies. The Re-
agency, can be more readily provided gional Director may approve or under-
by the Federal Government; the Gov- take emergency work only as author-
ernor may present to the President. ized under the determination by the
through the Regional Director. a re- President.
quest for Federal assistance which In-
cludes the above findings. Based on � 205.27 Federal-S(ate agreement&
such Governor's request, the President (a) A Federal-State Agreement for
may determine that an emergency Emergencies (Agreement) shall be ex-
exists which warrants Federal assist- ecuted by the Governor, acting for the
ance and may provide such assistance State. and the Regional Director,
under the Act as he deems appropri- acting for the Federal Government.
ate. The Agreement will contain the neces-
sary terms and conditions consistent
205.24 Requests for emergency assist- with the provisions of applicable laws,
ance. executive orders. and regulations, as
(a) The request for emergency assist- the Associate Director may require
ance shall be made by the Governor of and will set forth the type and extent
the affected State to the President. of Federal assistance. The emergency
through the Regional Director. area In which assistance Is authorized
(b) The Governor's request will fur- shall be determined by the Associate
nish Information describing State and Director based on the State's request.
local efforts and resources which have (b) It Is intended that continuing
been or will be used to alleviate the agreements shall be executed between
emergency including that for which no each State and the Federal Govern-
Federal funding will be requested. .and mcnL as soon as possible. Where con-

305

102

205.28 Title 44-Emergency Management and Assistance

tinuing agreements have been execut- (f) When assistance is authorized for
ed, an amendment to such agreement a local government and a State is
shall be executed by the Governor and unable to assume the responsibilities
the Regional Director for each emer- prescribed in these Regulations and an
gency to specify the incidence period Indian tribe or authorized tribal orga-
and to include any specifics peculiar to nization or Alaska Native village or or-
the current emergency. Subsequent ganization submits a project applica-
amendments to such agreements for tion in accordance with � 205.7(a). Fed-
the same emergency may be executed eral disaster assistance will be adminis-
by the Governor's Authorized Repre. tered in accordance with a Federal-
sentative and the Regional Director. A Tribal agreement. Such Federal-Tribal
new continuing agreement will be ex- agreement will provide that the Indian
ecuted if there Is a change In Gover- tribe or authorized tribal organization
nors or Regional Directors. or Alaska Native village or organiza-
(c) The type and extent of Federal tion will perform the regulatory or co-
assistance set forth In the Agreement, ordinating functions to be performed
or supplement thereto, shall be the by a State or its political subdivisions
only assistance which Is eligible for as set forth in this section.
Federal reimbursement or funding 9 205.28 Emergency mass care.
under the Act.
(d) In the event funds are to be Emergency mass care, such as emer-
transferred to a State for disaster gency medical care, emergency shelter,
relief purposes, the Agreement, by ref. emergency provision of food, water
erence to this section shall contain, and medicine. and other essential
and the State and its political subdivi- needs, are normally provided by the
sions will agree to, the following provi. Red Cross or other voluntary organi-
sions: zations and Federal emergency assist-
ance will be approved by the Regional
In the event that a State or local govern- Director 'only upon an affirmative
ment violates any of the conditions Imposed showing that such organizations are
upon disaster relief assistance under law. not providing all or part of emergency
this Agreement or applicable Federal regu-
lations. the Associate Director will notify mass care essential needs.
the State that additional financial assist-
ance for the purpose of the project In con- 9205.33 Time limitations. [Reserved)
nection with which the violation occurred
will be withheld until such violation has Subpart C-[Reserved]
been corrected: Provided, however, That if
the Associate Director. after such notice to
the State, Is not satisfied with the corrective Subpart D-Major Disaster&
measures taken to comply with his notifica-
tion, the Associate Director will notify the 11205.39 General.
State that further financial assistance will
be withheld for the project for which It has Upon the occurrence of a catastro-
been determined that a violation exists, or phe within a State which the Gover-
for all or any portion of financial assistance nor finds is of such severity and mag-
which has or is to be MOde FLVRIlable to the nitude that effective response is
State or local governments for the purpose beyond the capability of the State and
of disaster relief assistance under the provi. the affected local governments and
sions of this Agreement, applicable Federal that Federal assistance is necessary to
regulations, and the AcL supplement the efforts and available
(e) By reference to this part, the fol- resources of the State, local govern-
]owing provision shall be included In ments and disaster relief. organiza-
the Agreement: tions, the Governor may present to
the President, through the Regional
No Member of or Delegate to Congress or Director a request for Federal assist-
resident commissioner, shall be admitted to
any share or part of this Agreement, or to ance which includes the above find-
any benefit to arise thereupon: ProvidecL Ings. Based on such Governor's re-
however, That this provision shall not be quest, the President may declare that
construed to extend to any contract made a major disaster exists. Federal assist-
with a corporation for Its general benefit. ance pursuant to such declaration may

306

103

Chapter I-Federal Emergency Management Agency � 205.42

include emergency assistance pursuant (3) A certification that, for the cur-
to Subpart B of this part. Where the rent disaster, State and local govern.
situation Is not of sufficient severity ment obligations and expenditures (of
and magnitude to warrant major disas- which State commitments must be a
ter assistance under the Act, or where significant proportion) will constitute
information upon which to base such a the expenditure of a reasonable
declaration is insufficient or not readi- amount of the funds of such State and
ly Lvailable. the President may deter- local governments for alleviating the
mine that an emergency exists which damage, loss, hardship. or suffering re-
warrants Federal assistance. sulting from such disaster. The certifi-
cation by the Governor shall include
�205.40 Definitions. the following:
As used In this part: Pursuant to Federal Disaster Assistance
(a) -Field Assessment" means those Administration Regulations, I certify that
preliminary estimates and descrip- the total of expenditures and obligations for
tions, based on actual observations by this disaster for which no Federal reirn-
government engineers or inspectors, of bursement will be requested are expected to
the nature and extent of damages, re- exceed $- In accordance with the
sulting from a disaster, and of the following table*
Federal assistance potentially eligible
under the Act.
(b) "Disaster-affected areas" means (In doWsl
any local government. as defined in Arnowd
� 205.2 or part thereof, designated by Calegwy, of assistance _____J
the Associate Director. upon request State
by the State, as being eligible for Fed- IrA*4KkW BMSUWC&
eral assistance under the Act. Housing .......................... ...................... ........... . .... .. ... ..........
(c) "Applicable standards of safety, Individual and farnily granti ............... .................. .................
decency. and sanitation" are those Mass care .... . .......................... ........... ...... . .......... ... .... ........
minimum guidelines prescribed or ap- Off- . .....
proved by the Associate Director for Total ....................... . ............... ........ ...........
any repair or reconstruction financed Public assistancr.
Debris and wreckage clearance ....... ...... . . . ........ . .
by Federal grants or loans under the Protect" work ...... ............................. .................. .................
Act. Restoration of public facilities .... ...... .................. ....... .........
Public safety .... . ...... ........................... ............... .. ... . ...... . ....
6 205.41 Requests for major diRaster sis. Other (specify) ............... . ............................ .................. ............. ...
sistance. Total .................................................. ... . ............. .................

..... .........
(a) The request for a major disaster Grand toW ......... . ............................I ........... =@
declaration shall be made by the Gov- 'Provide separately for each disaster affected area to-
ernor of the affected State to the quested.
President. through the Regional Di-
rector. (4) An estimate of the extent and
(b) As a part of such request, and as nature of Federal assistance needed
a prerequisite to major disaster assist- within the State. broken down by cate-
ance under the Act. the Governor gory of public or individual assistance
shall take appropriate action under for each disaster affected area for
State law and direct execution of the which Federal assistance is requested
State's emergency plan. and shall and the estimated Federal funds re-
advise the Associate Director thereof. quired for each category.
In addition. the request shall include (5) As appropriate. other justifica-
the following* tion in support of the request.
(1) An estimate of the amount and
severity of damage broken down by �205.42 ProcesginK the request of a Gov-
type. such as private non-agricultural, ernor for a declaration or a "major dis-
agricultural, and public. aster".
(2) A-statement of actions pending (a) The Regional Director shall ac-
or taken by the State or local legisla- knowledge the Governor's request.
tive and governing authorities with Based on his investigation of the situa-
regard to the disaster. Lion. which may include field assess-

307

104

� 205.43 Title 44-Emergency Management and Assistance

ments of the affected area and consul- and the State and its political subdivi-
tations with appropriate State and sions will agree to. the following provi-
Federal officials, or other interested sions:
parties, the Regional Director shall In the event that a State or local govern.
promptly submit his report and recom- ment violates any of the conditions imposed
mendations to the Associate Director. upon disaster relief assistance under law.
(b) The Associate Director shall for- this Agreement or applicable Federal regu-
ward the Governor's request, together lations, the Associate Director Will notify
with his report and recommendations, the State that additional financial assist-
to the Director. ance for the purpose of the project in con-
(c) The Director shall forward the nection with which the violation occurred
Governor's request to the President will be withheld until such violation has
together with his recommendation re' been corrected: Provided, however, That if
garding Presidential action thereon. the Associate Director. after such notice to
the State. is not satisfied with the corrective
205.43 Initiation of Federal assistance. measures taken to comply with his notifica-
tion, the Associate Director will notify the
Upon a declaration of a major disas- State that further financial assistance will
ter by the President, the Associate Di- be withheld for the project for which it has
rector shall Immediately Initiate been determined that a violation exists, or
action to provide Federal assistance In for all or any portion of financial assistance
which has or is to be made available to the
accordance with such declaration, ap- State or local governments for the purpose
plicable laws. regulations, and the Fed- of disaster relief assistance under the provl-
era]-State Agreement for Major Dis- sions of this Agreement, applicable Federal
asters. Disaster affected areas within regulations. and the Act.
the State will be determined by the (d) By reference to this part, the fol-
Associate Director based on the lowing provision shall be included in
State's request. A disaster affected the Agreement:
area designated by the Associate Di-
rector includes all local governments No Member of or Delegate to Congress or
within Its boundaries. resident commissioner, shall be admitted to
any share or part of this agreement. or to
6 205.44 Federal-State agreement. any benefit to arise thereupon: Provided,
(a) Upon the declaration of a major however, That this provision shall not be
construed to extend to any contract made
disaster, a Federal-State Agreement with a corporation for Its general benefit.
for Major Disasters (Agreement) will
be executed by the Governor, acting (e) When assistance Is authorized for
for the State; and the Regional Direc- a local government and a State is
tor. acting for the Federal Govern- unable to assume the responsibilities
ment. Such Agreement shall provide prescribed in these Regulations and an
for the manner In which Federal as- Indian tribe or authorized tribal orga-
sistance Is to be made available and nization or Alaska Native village or or-
contain the assurance of the Governor ganization submits a project applica-
that a reasonable amount of the funds tion In accordance with � 205.7(a). Fed-
of the State, local governments, or eral disaster assistance will be adminis-
other agencies therein will be expend. tered in accordance with a Federal-
ed in alleviating damage caused by the Tribal agreement. Such Federal-Tribal
disaster. The Agreement'vill also con. agreement will provide that the Indian
tain such other terms and conditions tribe or authorized tribal organization
consistent with the provistons of appli. or Alaska Native village or organiza-
cable laws, executive orders, and regu- tion will perform the regulatory or co-
lations as the Associate Director may ordlnatlng functions to be performed
require. by a State or Its political subdivi:;ions
(b) The Agreement will specify the as set forth in this section.
assistance to be provided as a result of
major disaster. 205.45 Temporary housing assistance.
(c) In the event funds are to be (a) Purpose. The purpose of this sec-
transferred to a State for disaster tion Is to prescribe the policy. stand-
relief purposes, the Agreement, by ref- ards, and procedures to be followed in
erence to this section shall contain, Implementing the temporary housing

308

105

Chapter I-Weral Emergency Management Agency 205.45

assistance program authorized by Sec- facilities, or due to other impediments
tion 404 of the Act. to access;
(b) General program policies. Assist- (iv) Their dwelling has been made
&nce under this program is made avail- Inaccessible by restrictions on travel or
able to eligible Individuals and families movement imposed or recommended
who require temporary housing as a by a responsible official:
result of a major disaster. The com- (v) Their dwelling is no longer avail-
mencement date and the term of tem- able due to eviction or dispossession of
p(.,rary housing assistance is that set the applicant by the owner because of
forth In paragraph (k)(1) of this sec- the owner's personal need for that
tion. No rental shall be established for, dwelling as a result of a major disas-
the first twelve months of occupancy ter;
in temporary housing. An eligible ap- (vi) They have been evicted from
plicant is expected to accept the first their dwelling by the owner or mort-
reasonable offer of temporary hous- gage holder because of their financial
ing; refusal to do SO MRY result In for- hardship which is a direct result of
feiture of temporary housing assist- the disaster; or
ance. Temporary housing will not be (vii) The Associate Director or his/
provided to an individual or family for her designee determines that other
use as a vacation or recreational dwell-
ing. Temporary housing will not be circumstances resulting from a major
made available to individuals or fami- disaster prevent an individual or
lies who are displaced as a conse- family from occupying a dwelling
quence of a redevelopment program which they occupied immediately
undertaken by a community. prior to the major disaster.
(c) Application period. Applications (2) Provision of temporary housing
for temporary housing will be accept- to eligible applicants. Applications for
ed up to and including sixty (60) days, temporary housing assistance shall be
following the date of the declaration processed In the order in which they
of a major disaster, except when addi- are filed, except that extreme hard-
tional time for submission of applica- ship situations shall be recognized and
tions Is authorized by the Associate such applications processed on a prior-
Director or his/her designee for rea- ity basis. Temporary housing shall be
sons Including: provided to meet the particular needs
(1) Uniformity of application perlods of eligible individuals and families.
In contiguous States declared disaster (e) Temporary housing resources.
areas as the result of the same or a The form of temporary housing pro-
similar incident; vided should not exceed that which
(2) Extenuating circumstances in- meets the eligible individual's or fam-
cluding. but not limited to. hospitaliza. fly's minimum temporary housing re-
tion, illness, or inaccessibility which quirement.
prevent an applicant from applying In (1) Housing units owned by the Vet-
a timely manner. erans Administration. Farmers Home
(d) General eligibility guidelines. (1) Administration. Department of Hous-
Temporary housing assistance may be Ing and Urban Development, or other
made available to those disaster vic- Federal Agencies may be made availa-
tims who, as a result of a major dibas- ble for use as temporary housing.
ter, require temporary housing be- (2) Private or commercial rental
cause: properties whose owners/managers
(I) Their dwelling his been de- agree to make units available may be
stroyed as a result of a major disasiA-r used as temporary housing. Such pri-
(ii) Their dwelling has been damaged vate rentals inay include second homes
or utility service lias been Interrupted or resort properties not normally
to such an extent as to constitute a available on the private market, and
health or safety hazard which did not privately owned mobile homes ready
exist prior to the disaster; ' for ' occupancy on existing -sites.
(iii) Their dwelling lia@s been made Owners/agents inay be paid fair
Inaccessible due to the disruption or market rent for the type and size of
destruction of transportation routes or the units made available.

309

106

205.45 Title 44-Emorgency Management and Assistance

(3) Mobile homes, travel trailers, or utilities at Federal expense or elect to
other readily fabricated dwellings develop group sites at Federal expense
owned or ]eased by the Government when he/she determines such action
may be used as temporary housing to be In the public Interest. Connec.
when other resources are unavailable tion costs are authorized at Federal
or Insufficient. expense.
(4) Mote), hotel or other similar (3) Commercial sites. A Mobile
transient accommodations may be pro- homes, travel trailers. or other readily
vided to eligible temporary housing fabricated dwellings may be placed on
applicants pending the availability of commercial sites. which are sites cus-
other temporary housing, or when the tomarily teased for a fee. at no cost to
duration of the applicant's temporary the Federal Government, except that
housing requirement warrants place- such sites may be ]eased at Federal ex-
ment in short-term accommodations. pense when the Associate Director or
Transient accommodations may be his/her designee determines that such
provided for a period of thirty days lease is in the public interest. Connec-
unless this period is extended by the tion costs may be authorized at Feder-
Associate Director or his/her designee. a] expense. When the Associate Direc-
The Federal responsibility for tTan- tor determines that upgrading of a
slent accommodations shall be limited commercial site or installation of utili-
to the rental cost of such temporary ties on such a site is in the public in-
housing, exclusive of food, telephone, terest, he/she may authorize such
or other similar services. action at Federal expense.
(f) Use of mobile homes, travel trail- (g) Utility use costs. Utility use costs
ers, and other readily fabricated dwell- for all forms of temporary housing
ings. Mobile homes, travel trailers, other than transient accommodations
and other readily fabricated dwellings shall be the responsibility of the occu-
may be placed on private. group or pant. unless the Associate Director
commercial sites under the following waives this requirement when such
conditions: action is In the public interest. In
(1) Private sites. A mobile home. those cases where the Federal Govern-
travel trailer, or other readily fabricat- ment becomes the guarantor for util-
ed dwelling may be placed on a private Ity services not metered separately, Or
site, which is a site provided or ob- where the utility costs are included in
tained by the temporary housing ap- rental costs, each recipient will be as-
plicant at no cost to the Federal Gov- sessed a monthly amount equivalent
ernment, if such site can satisfactorily to the pro rats. cost of utilities serv-
accommodate the mobile home, travel Ices.
trailer. or other readily fabricated (h) Minimal repair program In lieu
dwelling provided as temporary hous- of providing other types of temporary
Ing. The Associate Director has deter- housing except transient accommoda-
mined that the Installation or repair tions, minimal repairs may be author-
of essential utilities on private sites Is Ized to repair or restore that portion
In the public Interest, and the cost of of an owner-occupied dwelling which
such Installation and connection of will allow the owner and his/her
necessary utilities to service the family to reoccupy the dwelling quick-
mobile home. travel trailer, or readily ly. Installation of utilities or conve-
fabricated dwelling on such a site Is niences not available to the owner-oc-
authorized at Federal expense. cupant In that dwelling prior to the
(2) Group sites. Mobile'homes, travel disaster shall not be provided under
trailers. or other readily fabricated the Minimal Repair Program. but
dwellings may be located on group those repairs which are undertaken
sites. which are sites provided or ob- shall conform to local or State build-
tained by a State or local government Ing codes.
or other *organization completely de- (1) Peasibility. The Minimal Repair
veloped with all essential utilities at Program may be offered to those tem-
no cost to the Federal Government, porary housing applicants:
except that the Associate Director (1) Who have been determined eligi-
may authorize Installation of essential ble for temporary housing;

310

107

Chapter I-Vederal Emergency Management Agency � 205.45

(it) Who are owner/occupants of the best interest of the Federal Govern-
dwelling unit to be repaired; ment:
(III) Who elect this form of tempo- (I) Plumbing system including kitch-
rary housing. when offered. in lieu of en sink, lavatory. water closet, bath
other alternatives which may include tub or shower, septic tank, well, and
rental accommodations, mobile homes, the utility services carrying water,
and other available forms of housing; sewer. and gas;
Ov) Whose property can be repaired (it) Electrical system including
.within thirty days following the repair wiring. weather head, panel box, over-
authorization, unless the Associate Di- head lights, switches, and receptacles;
rector or his/her designee extends this and
period throughout the designated dis- (III) Heating system including fur-
aster area because of local conditions; nance, controls. space heater. ducts,
(v) Who agree to reimburse the gov- and venting (if permanent repair
ernment for the cost of the repairs of cannot be accomplished before the
items replaced if they receive compen- season requiring heat);
sation for such repairs or items from Uv) Water heater and venting,
the proceeds of any insurance settle- (v) Elimination of health and safety
ment; and hazards existing to wells, floors, stairs,
(vi) Whose property can be repaired porches, walls, ceilings, and chimneys;
within the following cost limitation: (vi) Doors and windows, including.
The cost of repairs shall not exceed screens;
the average fair market rental cost to Nil) Minor repairs to foundations.
house a family of similar size and com- footings, piers, sills, and exterior walls;
position in the area for a period of 12 (viii) Minor repairs to stove and re-
months, unless waived by the Asso- frigerator-,
ciate Director when he/she deter-
mines that such waiver is In the best Ux.) Temporary or weather proofing
interest of the Federal Government. repairs to roofs; and
(2) Minimal repair program option& (x) Mud and debris removal from
(I) Applicants subsequently approved the dwelling unit, if required.
for the Minimal Repair Program (I) Furniture Items-(1) Eligibility.
under paragraph (h)(1) of this section Furniture may be provided to eligible
who elected to perform their own -re- applicants for temporary housing if
pairs prior to election of the Minimal the individual or family is being placed
Repair Program, either by themselves In an unfurnished housing unit, or has
or by contract, may be reimbursed for located a suitable unfurnished housing
materials and contract labor for such unit, or has elected the Minimal
repairs and for replacement items au- Repair Program, and requires furni-
thorized in paragraph (h)(3) of this ture to occupy such temporary hous-
section. Ing.
(it) Applicants approved for the (2) rtems Authorized. Furniture may
Minimal Repair Program under para- be leased. purchased or obtained from
graph (h)(1) of this section who elect Federal stocks and will be of simple
to perform their own repairs. or are construction and functional quality
able to utilize the free labor of individ- and may include the following, adjust-
ual volunteers or volunteer agencies ed according to family size and compo-
may be provided with materials ana sition:
replacement items authorized in para- (I) Kitchen furniture to Include
graph (hX3) of this section. table and chairs, stove and refrigera-
(3) Scope of work. The type of repair tor:
or replacement authorized may vary (it) Bedroom furniture to include
depending on the nature of the disas- bed (frame, mattress. spring), night
ter, but will generally include the fol. table and lamp or floor lamp. dresser
lowing: Provided, The Items listed or chest; and
were a part of the dwelling prior to (III) Living room furniture. Including
the disaster. unless the Associate Di- one sofa, one floor lamp. one living
rector waives this proviso when he/she room chair, two end tables, and one
determines that such waiver is in the co f f cc table.

311

90-1W 0-93--21

108

205.45 Title 44-Emorgency Management and Assistance

(3) Disposition of Furniture r1ems. (xiv) Saucepans (2 per family);
(I) Furniture made available to tempo- (xv) Skillets (I large, I small per
rary housing occupants will be dis- family);
posed of when temporary housing is (xvi) Baking and cooking utensils.
no longer required, as determined one each of the following:
through the recertification process (A) Baking pan;
prescribed In paragraph (k)(2) of this (B) Baking sheet;
section. (C) Mephanical can opener;
Ui) Furniture will be disposed of in (D) Kitchen fork;
one of the following manners: (E) Kitchen knife;
(A) Return to the lessor; (F) Paring knife;
(B) If the furniture has been pur- (G) Spatula;
chased under authority of these regu- (H) Serving spoon;
lations, It Is the property of the Feder- (xvii) Mop (one);
al Government and may be: (xviii) Bucket (one);
(1) Sold to the occupant at a fair and (xix) Broom (one); and
equitable price based on the fair (xx) Dustpan (one).
market value of the furniture and ad- 00 Period of As3istance-(I) Com-
justed to take Into consideration the mencement. Temporary housing may
reasonable ability of the purchaser to be provided as of the date of the oc-
pay; or currence of the major disaster or
(2) Disposed of In accordance with emergency as specified in the FR
Federal property management proce- Notice. The assistance period shall
dures at 41 CFR 101-45.5. Abandon- commence either with the date the eli-
ment or Destruction of Surplus Prop- gible applicant obtained his own tem-
erty. porary housing under this program, or
(j) Household items-(I) Eligibility. with the date the eligible applicant is
Household Items may be provided to provided with temporary housing.
those determined eligible for tempo- (2) Recertification. Recertification is
rary housing If they are being placed a periodic review of the status of each
in a temporary housing unit not al- temporary housing occupant to deter-
ready supplied with such Items, or mine eligibility for continued occupan-
have located a suitable housing unit cy in temporary housing. The recerti-
and require household items to occupy fication process results in a notifica-
the unit, or have elected the Minimal tion to the occupant of his/her eligi-
Repair Program, and require house- bility or ineligibility for continued as-
bold Items to occupy the unit. House- sistance. The period of eligibility for
bold Items provided under this section continued occupancy in temporary
are expendable. housing shall be determined on the
(2) Items Authorized. Household basis of need. Each occupant's eligibil-
Items provided to occupants of tempo- Ity for continued assistance shall be
rary housing shall be of simple, func- recertified no less frequently than
tional qualify find may Include the fol- every 90 days.
lowing, adjusted according to farnily (3) Criteria for Continued Eligibil-
size and requirements: ity. A temporary housing occupant
(I) Sheets (2 per bed);, shall endeavor to place himself/her-
(ii) Pillows (1 per person), self in alternate housing at the earli-
(iii) Pillowcases (I per person); est possible time. A temporary housing
Ov) Blankets U per bed); occupant shall be eligible for contin-
(v) Bath towels (2 per person); ued assistance when:
(vi) Hand towels (2 per person); (I) Alternate housing Is not available
(vii) Wash cloths (I per person); to-the occupant. Alternate housing is
(viii) Dish Cloths (2 per family); deemed available when it:
(ix) Dish towels (4 per family). . (A) Is sufficient In size to accommo-
(x) Dishes (service for 4); date the family;
W) Flatware (service for 4); (B) Is free of health and safety haz-
(xii) Glasses (service for 4); ards;
Wit) Non-electric coffee pot 0 per (C) Is located such that the occu-
family); pants may commute to their place(s)

312

109

Chapter I-Federal Emergency Management Agency � 205.45

of employment, schools, and other Ing resources are unavailable. rentals
centers of family activity within usual shall be established based on the fair
and customary commutation time peri- market rent as established by the ap-
ods effective in the area; propriate official of the Federal Emer-
(D) Is within the financial means of gency Management Agency (excluding
the occupant, based on 25 percent of utilities costs) for each type and size
adjusted household Income. Occu- of temporary accommodation being
pants who qualify for available low- furnished. Such rentals shall be ad-
Income or other government rent sub- justed to take into consideration the
sidies shall be considered able to financial ability of the household as
assume financial responsibility for described in paragraph (k)(30)(A) of
similar alternate housing. For the pur- this section. Based on a recertification
pose of this subparagraph, housing review. occupants will be notified of
costs shall include utilities costs, and the date and amount of the first
adjusted household income shall be rental payment 30 days before the ex-
computed using the total gross income piration of the first twelve months of
of household members (excluding the occupancy.
earnings of persons under 18. except (5) Termination of Assistance. (I)
where such persons are head of the Temporary housing assistance may be
household or a spouse), with the fol- terminated on a 30-day written notice
lowing exceptions: after which 30 days the occupant may
(1) $25 per month for each person be liable for such additional charges as
under 18 or full-time student over 18 are deemed appropriate by the Asso-
except when such an individual Is a ciate Director his/her designee. Tem-
head of household; porary housing assistance may be ter-
(2) $25 per month for each elderly minated for reasons including, but not
(over 62) or handicapped adult, except limited to, the following:
where they are head of the household; (A) A determination has been made
and through the recertification process
(3) Expenses resulting from unusual that alternate housing is available to
financial demands upon a household, the occupant, as described in para-
as approved by the Associate Director graph (k)(3)(i) of this section.
or his/her designee. (B) Failure on the part of the occu-
(E) Does not impose an undue pant to utilize or maintain the tempo-
burden upon the occupant in his/her rary housing provided in the mariner
plans to secure permanent housing. normally expected of a tenant. Normal
(it) The occupant is in compliance wear and tear excepted, the occupant
with the terms of the rental contract/ shall be liable for all damages to the
agreement including: property.
(A) Prompt payment of utility, rent, (C) Failure on the part of the occu-
and other appropriate charges; pant to pay established rent, utilities,
(B) Reimbursement to the Govern- or other appropriate charges.
ment where all or a portion of the (D) Determination that the tempo-
temporary housing assistance repre- rary housing assistance was obtained
sents a duplication of benefits or for either through misrepresentation or
other charges as authorized by the As- fraud.
sociate Director or his/her designee; (it) Termination of temporary hous-
(C) @Maintenance of the temporary ing may be in the form of eviction
housing unit in a manner normally ex- from temporary housing or termina-
pected of a tenant; and tion of financial assistance. Any ap-
(D) Utilization of the unit for pur- peals by the occupant from a termina-
poses of a farnily dwelling, solely for tion notice shall be processed and re-
the occupant's household. solved pursuant to the temporary
(4) Rental Policy. No rental shall be housing pretermination procedure (24
established for the first twelve months CFR Part 470).
of occupancy in temporary housing. (1) Insured Individuals and Fami-
Such twelve months shall Include oc- lies-(1) Provision of Temporary 11ous-
cupancy in transient accommodations. ing Accommodations. In order to avoid
Thereafter. provided alternate hous- duplication of benefits, insured indi-

313

110

� 205.45 Title 44-Emergency Management and Assistance

viduals and families may be provided chaser to pay. Such sales shall be
temporary housing assistance when: made subject to the following condi-
(I) There is uncertainty as to wheth- tions:
er insurance benefits will be paid; (I) The unit is to be used as a pri-
fli) Payment of insurance benefits mary residence;
may be significantly delayed; (ii) The unit Is adequate for family
(iii) Insurance benefits have been ex- size and composition:
hausted; (III) The purchaser has sufficient re-
Ov) Insurance benefits are inad- sources to purchase and relocate the
equate to provide the full cost of hous- unit; and
ing on the private market; or Ov) The purchaser has a suitable site
(v) Housing is not available on the for placement of the unit. (A suitable
private market. site shall be defined as one that com-
The insured Individual or family shall plies with local codes and standards).
agree to repay the government from The purchaser must be informed that
any Insurance proceeds they receive in he/she may have to bring the unit up
an amount equivalent to the fair to applicable codes and standards.
market value of assistance provided or (2) Transfer. The Associate Director
that portion of insurance proceeds re- may sell. lease, or donate temporary
ceived for such housing, whichever is housing units purchased under Sec-
less. Minimal Repair Program recipi- tion 404(a) of the Act Directly to
ents shall repay the government the States. other governmental entities, or
cost of any repairs or replacement voluntary organizations. As a condi-
completed under the Minimal Repair tion of such transfer, the Associate Di-
Program which are covered by insur- rector shall require that the recipient:
ance, or the amount received from in- (I) Comply with the provision of
surance proceeds for the damaged 1205.13 of the regulations requiring
Item repaired under this program, non-discrimination in the distribution
whichever Is less. and occupancy of temporary housing;
(2) Exhaustion of Insurance Bene- and
fits. (I) Applicants who are determined (it) Utilize the units provided for the
eligible for temporary housing and initial purpose of providing temporary
who have received benefits may be housing for victims of major disasters
provided temporary housing upon or emergencies.
presentation of proof that insurance
has been exhausted and temporary The Associate Director may order re-
housing remains a need. These appli- turned any temporary housing unit
cants shall be eligible for rent free made available under this section
temporary housing assistance not to which is not used in accordance with
exceed twelve months following ex- the terms of transfer cited above.
haustion of Insurance benefits if the (n) Mortgage and Rental Payments.
criteria for continued assistance, para- Temporary assistance in the form of
graph (k)(3) of this section, are met. mortgage or rental payments may be
(ii) For applicants determined eligi- paid to or provided on behalf of appli-
ble for temporary housing and who re- cants who, as a result of major disas-
ceived partial insurance benefits, the ter. have received written notice of dis-
period of temporary housing assist- possession or evJction from dwelling
ance shall commerce with the first by foreclosure of any mortgage or lien,
month of partial assistance. cancellation of any contract of sale, or
(m) Disposition of Temporary flous- termination of any lease entered Into
ing Units-0) Sale. The A%sociate Di- prior to the disaster. Written notice,
rector or his/her designee may sell for the purpose of this paragraph,
any temporary housing unit acquired means a communication In writing by
by purchase directly to occupants of a landlord, mortgage holder, or other
temporary housing for their use as party authorized under State law to
permanent housing. Stich sales shall file such notice. the purpose of which
be at prices that are fair and equita- is to notify an occupant of impending
ble, adjusted to take into considera- termination of a lease, foreclosure of a
Lion the reasonable ability of the pur- mortgage or lien, or cancellation of

314

Chapfer I-Federal Emergency Managemerif Agency � 205.46

any contract of sale. which would not exceed eighteen months from the
result in the occupant's dispossession date of the declaration of the major
or eviction from his dwelling. Applica- disaster by the President, unless this
tions for this type of assistance may period is extended by the Associate Di-
be filed up to one year following the rector based on his/her determination
date of declaration of the major disas- that such extension is in the public in-
ter. This assistance may be provided terest. The Associate Director may
for a period not to exceed one year or provide government property or other
for the duration of the period of fi- resources to a State, other governmen-
nancial hardship, whichever is less. tal entity, or voluntary organization
The location of the dwelling of an ap- for the management and operation of
plicant for assistance under this sec- a temporary housing program.
tion shall not be a condition of eligibil- (Sec. 404, Pub. L. 93-288, 88 Stat. 154 (42
ity. U.S.C. 5174); Executive Order 11795. as
(o) Appeals-0) Eligibility Determt- amended by E.O. 11910, 39 FR 25939; Dele-
nation. An applicant declared Ineligi- gation of Authority, 39 FR 28227)
ble for temporary housing and whose (43 FR 8765, Mar. 2, 1978. Redesignated at
application is not scheduled for reacti- 44 FR 62517, Sept. 28, 10791
vation at a later date, or an applicant
whose application has been canceled � 205.46 Disaster legal services.
for cause. shall have the right to
appeal such a determination within 15 (a) Legal services, Including legal
calendar days following notification of advice, counseling, and representation
such action. The Associate Director or In non fee-generating cases, except as
his/her designee shall consider the provided in paragraph (b) of this Sec-
appeal within two weeks after receipt tion, may be provided to low-income
of the appeal. The applicant shall re- Individuals who require them as a
ceive written notice of the disposition result of a major disaster. For the pur-
of the appeal. The decision of the As- pose of this Section, "low-income indi-
sociate Director or his/her designee is viduals" means those disaster victims
final. who have insufficient resources to
(2) Termination. An occupant who secure adequate legal services, wheth-
has been notified of his/her termina- er the insufficiency existed prior to or
tion from temporary housing as de- results from the major disaster. In
scribed In paragraph (k)(5) of this sec- cases where questions arise about the
tion shall have the right to appeal the eligibility of an individual for legal
decision within five (5) business days services, the Regional Director or his/
after receipt of such notice. Such ap- her representative shall make a deter-
peals shall be made and resolved in ac. mination.
cordance with pretermination proce- (b) Disaster legal services shall be
dures contained in Federal regulations provided free to such individuals. Fee-
(24 CFR Part 470). generating cases shall not be accepted
(p) Receipts. All monies received by lawyers operating under these reg-
from rental charges, insurance pro- ulations. For purposes of this section,
ceeds, deposit refunds, proceeds of sale a fee-generating case is one which
of temporary housing units or furni- would not ordinarily be rejected by
ture, and other receipts as appropri- Wal lawyers as a result of its lack of
ate, shall be deposited as general re- potential remunerative value. Where
ceipts In the U.S. Treasury under es- any question arises as to whether a
tablished procedures. case is fee-generating as defined in
(q) Reports. The Associate Director this section, the Regional Director or
or the Federal Coordinating Officer. his/her representative. after any nec-
may require stich reports, plans and essary constiltation with locftl or State
evaluations as they deem necessary to bar associations. shall make the deter-
carry out their responsibilities under mination. Any fee-generating cases
the Act and these regulations. shall be referred by the Regional Di-
(r) Federal Responsibility. The Fed- rector or his/her representative to pri-
eral responsibility for the operation of vate lawyers, through existing lawyer
a temporary housing program shall referral services, or, where that Is im-

315

112

� 205.47 Title 44-Emergency Management and Assistance

practical or impossible, the Regional (f) Any disaster legal services shall
Director may provide a list of lawyers be provided in accordance with
from which the disaster victim may 1205.13, Non-discrimination in disas-
choose. Lawyers who have rendered ter assistance. of these regulations.
voluntary legal assistance under these (See. 412. Pub. L. 93-288. 88 Stat. 157 (42
regulations are not precluded from U.S.C. 5182); Sec. 601, Pub. L. 93-288 (42
taking fee-generating cases referred to U.S.C. 5201); Executive Order 21795 as
them in this manner while In their ca- amended by E.0, 11910 at 41 PR 15681; Del-
pacity as private lawyers. egation of Authority. 41 FR 19365. amended
(c) When the Regional Director de- by 43 FR 3627)
termines after any necessary consulta- (43 FR 19230. May 4. 1978. Redesignated at
tion with the State Coordinating Offi- 44 FR 56172, Sept. 28. 1979 and corrected at
cer, that implementation of this sec- 44 FR 62517. Oct. 31. 19793
tion is necessary, provision of disaster
legal services may be accomplished by: � 205-47 Disaster unemployment assist-
(1) Use of volunteer lawyers under ance.
the terms of appropriate agreements; The Secretary of Labor, consistent
(2) Use of Federal lawyers, provided with the delegation of authority to
that these lawyers do not represent an him by the Secretary of the United
eligible disaster victim before a court States Department of Housing and
or Federal agency in a matter directly Urban Development dated Aug. 13,
involving the United States, and fur- 1974 (39 FIR 33020). will (a) provide as-
ther provided that these lawyers do sistance to individuals unemployed as
not act in a way which will violate the a result of a major disaster. and (b)
standards of conduct of their respec- provide reemployment assistance serv-
tive agencies or departments; Ices under section 407 of the Act and
(3) Use of private lawyers who may under other laws administered by the
be paid by the Federal Emergency Department of Labor to individuals
Management Agency when the Re- who are unemployed as a result of a
gional Director has determined that major disaster and (c) issue stith rules
there Is no other means of obtaining nd regulations as may be necessary
adequate legal assistance for qualified :nd appropriate. Such regulations will
disaster victims; or be Issued in 20 CFR Ch. V. Part 625
(4) Any other arrangement the Re- (34 FR 19656, December 13, 1969), as
gional Director deems appropriate. amended.
The Associate Director shall coordi-
nate with appropriate Federal agen- [40 FR 23253. May 28. 1975. Redesignated at
cles and the appropriate nation-, 44 FR 56172. Sept. 28. 1979; 44 FR 62517.
state and local bar associations, as n ;@ - Oct. 31.19791
essary, in the implementation of the 6 205.49 Food commodities.
disaster legal services program,
(d) In the event it Is necessary for (a) The Associate Director will
the Federal Emergency Management assure that adequate stocks of food
Agency to pay lawyers for the provi- will be ready and conveniently availa-
sion of legal services ui)der these regu- -ble for emergency mass feeding or dis-
lations. the Regionai Director, in con- tribution in any area of the United
sultation with State and local bar asso. States which suffers a major disaster
ciations, shall determine the amount or emergency.
of reimbursement due to the lawyers (b) In carrying out his responsibil-
who have provided disx0er legal serv- Ities In paragrap h (a) of this section,
ices at the request of the Regional Di- the Associate Director may direct the
rector. At the Regional Director's dis- Secretary of Agriculture to purchase
cretion, administrative costs of lawyers food commodities in accordance with
providing legal services requested by autborides prescribed in section 410(b)
him or her may also be paid. of the Act.
(c) Provision of disaster legal serv-
ices is confined to the securing of � 205.50 Relocation assistance.
benefits under the Art and claims aris- Notwithstanding any other provision
hig out of a major disaster. of law. no person otherwise eligible for

316

113

Chapter I-Federal Emergency Management Agency � 205.54

any kind of replacement housing pay- ous needs is paid from funds made
ment under the "Uniform Relocation available by the State. With respect to
Assistance and Real Property Acquisi- any one major disaster. an individual
tion Policies Act of 1970" (Pub. L. 91- or family may not receive a grant or
646) shall be denied such eligibility as grants under this section totaling
a result of his being unable, because of more than $5,000. including both the
a major disaster as determined by the Federal and State shares. The Gover-
President. to meet the occupancy re- nor or his/her designee is responsible
quirements set by such Act. for the administration of the grant
program.
9 205.51 Crisis counseling assistance an (b) Purpose. The grant program is
training. intended to provide funds to Individ-
The Secretary of Health, Education. uals or families to permit them to
and Welfare. comsistent with the Dele. meet those disaster-related necessary
gation of Authority to him by the Sec- expenses or serious needs for which
retary of the United States Depart- assistance from other means Is either
ment of Housing and Urban Develop- unavailable or inadequate. Meeting
ment (Docket No. 75 - 309. 40 FR 10705. those expenses and needs as expedi-
dated March 7, 1975) will, subject to tiously as possible will require States
the general policy guidance and co- to make an early commitment of per-
ordination of the Associate Director, sonnel and resources. States may
(a) provide professional counseling make grants for emergency needs in
services to victims of major disasters instances where there is an unreason.
in order to relieve mental health prob- able delay in receiving assistance from
lems caused or aggravated by such other means, with a commitment from
major disaster or its aftermath; (b) the applicant that when assistance is
provide financial assistance to State or received from other means the State
local agencies or private mental health must be reimbursed. The grant pro-
organizations to provide such services gram is not intended to indemnify dis-
or training of disaster workers; and (c) aster losses or to permit purchase of
Issue such rules and regulations as items or services which may generally
may be necessary and appropriate to be characterized as nonessential.
effectuate this delegation. luxury, or decorative.
140 FR 23253, May 28, 1975; 40 FR 28609, (c) Definitions used in this section.
July 8, 1975. Redesignated at 44 FR 56172, (1) "Necessary expense" means the
Sept. 28.1979; 44 FR 62517. Oct. 31, 19791 cost of an item of service essential to
an individual or family to prevent,
205.54 Individual and family grant (IFG) mitigate or overcome a disaster-related
programs. hardship. injury, or adverse condition.
(a) General. The Governor may re- (2) "Serious need" means the re-
quest that a Federal grant be made to quirement for an item or service essen-
a State for the purpose of such State tial to an individual or family to pre-
making grants to Individuals or fami- vent. mitigate or overcome a disaster-
lies who, as a result of a major disas- related hardship, injury or adverse
ter. are unable to meet dismter-related condition.
necessary expenses or serious needs. (3) "Family" means a social unit
The total Federal grant under this sec- living together and comprised of a
tion will be equal to- 75 percent of the husband and wife and dependents. if
actual cost of meeting necessary ex- any, or a household comprised of an
penses or serious needs of individuals unmarried person living with a de-
and families, plus State administrative pendent son, stepson, daughter, step-
expenses not to exceed 3 percent of daughter. or a dependent descendant
the Federal grant (see computation of of a son or daughter.
State administrative expenses In para- (4) "Individual" ineans a person who
graph (1)(1) of this section). The total Is not a member of a family, as defined
Federal grant Is made only on condi- In paragraph (c)(3) of this section.
tion that the remaining 25 percent of (5) "Assistance from other means"
the actual cost of meeting individuals' means assistance, including monetary
or families' necessary expenses or scri- or in-kind contributions. from other

317

114

� 205.54 Title 44-Emergency Management and Assistance

governmental programs, insurance. (C) Derive more than 50 percent of
voluntary or charitable organizations, their income from welfare or social se-
or from any sources other than those curity payments.
of the individual or family. Ov) The flood Disaster Protection
(6) -Owner-occupled" means that Act of 1973, Pub. L. 93-234, as amend-
the residence is occupied by: The legal ed, imposes certain restrictions on ap-
owner; a person who does not hold prpval of Federal financial assistance
formal title to the residence but is re- for acquisition and construction pur-
sponsible for payment of taxes, main- poses. Subpart. K'of Part 205 imple-
tenance of the residence, and pays no ments Pub. L. 93-234 for FEMA assist-
rent; or a person who has lifetime oc- ance generally. This paragraph refines
cupancy rights In the residence with those requirements for the IFG pro-
formal title vested in another. gram. To the extent that this para-
(d) National eligibility cylteria. In graph is inconsistent with Subpart K.
administering the IFG program, a this paragraph applies.
State shall determine the eligibility of (A) For the purposes of this para-
an individual or family in accordance graph, "financial assistance for acqui-
with the following criteria: sition or construction purposes-mearis
(1) General. (J) To qualify for a a grant to an individual or family to
grant under this section, an Individual repair, replace, or rebuild a home,
or family representative must: and/or to purchase or repair insurable
(A) Make application to all applica- contents. However. the term does not
ble available governmental disaster as- include grants related to non-flood
sistance programs for assistance to damage.
meet a necessary expense or serious (B) A State may not make a grant
need (see exception in paragraph for acquisition or construction pur-
(d)(1)(iii) of this section), and be de- poses where the structure to which
termined not qualified for such assist- the grant assistant relates is located in
ance. or demonstrate that the assist- a designated special flood hazard area
ance received does not satisfy the total which has been identified by the Di-
necessary expense or serious need; rector for at least one year as flood-
(B) Not have previously received or prone. unless the community In which
refused assistance from other mea the structure Is located is participating
ris in the National Flood Insurance Pro-
for the specific necessary expense or gram (NFIP). However. if a communi-
serious need, or portion thereof, for ty qualifies for and enters the NFIP
which application is made; and during the six-month period described
(C) Certify to refund to the State in 44 CFR 205.253(a)(3)(1). the Gover-
that part of the grant for which assist- nor's Authorized Representative
ance from other means is received , or (GAR) may request a time extension
which is not spent as identified In the (see paragraphs (k)(1) (Ii) and (iii) of
grant award document. this section) from the Regional Direc-
di) Individuals or families who incur tor for the purpose of accepting and
a necessary expense or serious need in processing grant applications in that
the major disaster area may be eligible community. The Regional Director or
for assistance under this section with- Associate Director. as appropriate (see
out regard to their alienage, their resi- paragraph (k)(2) of this section). may
dency In the major disaster area, or approve the State's request if those
their residency within the State In applicable governmental disaster as-
which the major disaster has been de- sistance programs which were availa-
clared. ble during the original application
(iii) Individuals or families are ineli- period are available to the grant appli-
gible for disaster loan assistance from cants during the extended application
the Small Business Administration period.
(SBA), and need not apply for such as- (C)(1) The State may not make a
sistance, if they certify that they: grant for acquisition or construction
CA) Suffered only personal property purposes where the structure to which
damage; and the grant assistance relates is located
(B) Are unemployed; and in a designated special flood hazard

318

115

Chapter I-Federal Emergency Management Agency � 205.54

area In which the sale of flood Insur- and Protection of Wetlands (EO
ance is available under the NFIP 11990), the State must implement the
unless the individual or family agrees IFG program in accordance with
to purchase adequate flood insurance FrEMA regulations 44 CFIR Part 9.
and to maintain such insurance for That part specifies which IFG pro-
the life of the structure or for as long gram actions require a floodplain man-
as the Individual or family occupies agement decision-making process
the residence whichever is less. Ade- before a grant may be made, and also
quate flood insurance, for purposes of specifies the steps to follow in the de-
the IFG program means (i) for an cision-making process. Should the
owner-occupant, a policy providing State determine that an individual or
coverage of at least $5,000 for the family is otherwise eligible for grant
structure and $2,000 for contents; (ii) assistance. the State shall accomplish
for a renter, a policy providing cover- the necessary steps in accordance with
age of at least $5,000 for contents. If that section, and request the Regional
the grant recipient fails to obtain the Director to make a final floodplain
required flood insurance he/she must management determination.
return to the State the amount of the (2) Eligible categories. Assistance
grant received for acquisition and con- under this section shall be made avail-
struction and the amount received for able to meet necessary expenses or se-
the first year's premium. If the grant rious needs by providing essential
recipient fails to maintain the re- Items or services in the following cate-
quired insurance he/she will receive gories:
grant assistance only for flood damage (I) Housing. With respect to primar .y
to insurable items which exceeds the residences (including mobile homes)
face value of the flood insurance which are owner-occupied at the time
policy had the policy been maintained. of the disaster. grants may be author-
If the grant recipient can show proof ized to:
that the settlement would have been (A) Repair, replace, or rebuild:
less than the face value of the flood (B) Provide access. Where an access
insurance policy, the State may ap- serves more than one Individual or
prove the increased amount. The cost family. an owner-occupant whose pri-
of the first year's premium is consid- mary residence is served by the access
ered a necessary expense for those in- may be eligible for a proportionate
dividuals or families who are required share of the cost of jointly repairing
to obtain flood insurance (see para- or providing such access. The owner-
graph (d)(2)(vi) of this section). If the occupant may combine his/her grant
same premium will provide more than funds with funds made available by
the required coverage. the higher cov- the other Individuals or families if a
erage should be obtained. joint use agreement is executed (with
(2) After a determination that flood no cost or charges involved) or if joint
Insurance is required and after dis- ownership of the access Is agreed to;
bursement of a grant, States shall re- (C) Clean or make sanitary-,
quire the grant recipient to provide (D) Remove debris from such resi-
proof of purchase of the required dences. Debris removal is limited to
flood insurance. the minimum required to remove
(D) A State may not make a grant health or safety hazards from. or pro-
for acquisition or construction pur- tect against additional damage to, the
poses where an applicant who is re- residence; and
quired to apply to SBA or FmHA in (E) Provide or take minimum protec-
accordance with paragraph (d)(1)(i)(A) tive measures required to protect such
of this section is denied loan assistance residences against the immediate
because of failure to have obtained threat of damage.
and/or maintained a flood insurance (ii) Personal property such as:
policy required as a condition of previ- (A) Clothing'.
ous loan assistance. (B) Household Items, furnishings. or
(v) In order to comply with the appliances. If a pre-disaster renter re-
President's Executive Orders on ceives a grant for household items.
Moodplain Management (EO 11988) furnishings. or appliances, and these

319

116

� 205.54 Title 44-Emorgency Management and Assistance

items are an integral part of a mobile for g7rant assistance.. Following such a
home or other furnished unit, the pre- determination. the Associate Director
disaster renter may apply the funds shall advise the State, through the Re-
awarded for these specific items gional Director, and provide the neces-
toward the purchase of the furnished sary program guidance.
unit, and toward mobile home site de- (3) Ineligible categories. Assistance
velopment. towing, set-up connecting under this section shall not be made
and/or reconnecting; available for any item or service in the
(C) Tools. specialized or protective following categories:
clothing, and equipment which are re- (I) Business losses. including farm
quired by an employer as a condition businesses and self-employment:
of employment: (ii) Improvements or additions to
(D) Repairing, cleaning or sanitizing real or personal property, -except those
any eligible personal property item; required to comply with paragraph
and (d)(2)(vii) of this section;
(E) Moving and storing to prevent or (III) Landscaping.
reduce damage. 00 Real or personal property used
(III) Transportation. Grants may be exclusively for recreatiom. and
authorized to provide public transpor- (v) Financial obligations incurred
tation. When public transportation is prior to the disaster.
unavailable or Inadequate, grants for (e) State adminisirative plan. (1)
private transportation may be pro- The State shall develop a plan for the
vided. administration of the IFG program
Uv) Medical or dental expenses. that includes. as a minimum. the items
(v) Funeral expenses. Grants may In- listed below:
clude funeral and burial (and/or cre- (I) Assignment of grant program re-
mation) expenses. sponsibilities to State officials or agen-
(vi) Cost of the first year's flood In- cies.
surance premium to meet the require- (H) Procedures for:
ments of paragraph (d)(1)(iv)(C) of (A) Notifying potential grant appli-
this section. cants of the availability of the pro-
(vii) Minimization measures required gram. to include the publication of ap-
by owner-occupants to: Comply with plication deadlines, pertinent program
the provisions of 44 CFR Part 9 descriptions, and further program in-
(Floodplain Management and Protec- formation on the requirements which
tion of Wetlands); enable them to re- must be met by the applicant in order
ceive assistance from other means; and to receive assistance;
enable them to comply with a commu- (B) Accepting applications at Disas-
nity's floodplain management regula- ter Assistance Centers and subse-
tions. quently at State established local ap-
(viff) Cost for estimates required for plication centers;
eligibility determinations under the (C) Establishing local application
IFG program. A grant in this category centers after the closing of Disaster
may not exceed the customary charges Assistance Centers;
for such services In the disaster area. (D) Verifying necessary expenses
(ix) Other. A State may determine and serious needs;
that other necessary expenses and se- (E) Determining applicant eligibility
rious needs are eligible for grant as- and grant amounts by a State employ-
sistance. If such a determination is ee or panel of State employees, and
made, the State must summarize the notifying applicants of the State's de-
facts of the case and throughly docu- cislon;
ment Its finding of eligibility. Should (F) Determining the requirement for
the State require technical assistance flood insurance;
In making a determination of eligibil- (G) Preventing duplication of bene-
ity, it may provide a factual summary fits between grant assistance and as-
to the Regional Director and request sistance from other means;
guidance. The Associate Director also - (11) At the Rpplicant's request, re-
may 'determine that other necessary considering the State's determina-
expenses and serious needs are eligible tions;

320

117

Chapter I-Federal Emergency Management Agency � 205.54

(1) Processing applicant appeals. rec- preparation of an administrative plan
ognizing that the State has final au- to implement this program.
thority. Such procedures must provide (3) The Regional Director shall
for: review the State administrative plan
(1) The receipt of oral or written evi- in each disaster for which assistance
dence from the appellant or repre- under this section is requested. and
sentative, may defer approval until the plan
(2) A determination on the record. meets the requirements of this section
and and current policy guidance.
(3) A decision by an impartial person (4) The State shall make its ap-
or board; proved administrative plan part of the
(J) Disbursing grants In a timely State emergency plan, as described in
manner'. 1205.4 of these regulations.
(K) Verifying by random sample (no (f) State initiation of the 1FG pro-
less than a 5% sample) that grant gra"L To make assistance under this
funds, are meeting applicants' needs, section available to disaster victims,
are not duplicating assistance from the Governor must, either in the re-
other means; and are meeting flood- quest to the President for a major dis-
plain management and flood insurance aster declaration or by separate letter
requirements. to the Regional Director, express his/
W Recovering grant funds obtained her intention to implement the pro-
fraudulently, expended for unauthor- gram. This expression of intent must
ized items or services, expended for include an estimate of the size and
Items for which assistance is received cost of the program. In addition. this
from other means. not expended or expression of intent represents the
committed as of the date the State re- Governor's agreement to the follow-
quests Federal reimbursement, or au- ing:
thorized for acquisition or construc- (1) That the program is needed to
tion purposes where proof of purchase satisfy necessary expenses and serious
of flood insurance Is not provided to needs of disaster victims which cannot
the State; otherwise be met;
W Conducting a State audit; (2) That the State will pay its 25
(N) Reporting to the Regional Direc- percent share of all grants to Individ-
tor, and to the Federal Coordinating uals and families;
Officer as required; and (3) That the State will return imme-
(0) Reviewing and updpiting the diately upon discovery advanced Fed-
plan. eral funds that exceed actual require-
(iii) National eligibility criteria as ments,
defined in paragraph (d) of this sec- (4) To implement an administrative
tion. plan as identified in paragraph (e) of
0v) Provisions for compliance with this section,
Section 311 of the Act. Non-discrimi- (5) To implement the grant program
nation in Disaster Assistance, and Sec- throughout the area designated as eli-
tion 317 of the Act, Criminal and Civil gible for assistance by the Associate
Penalties. Director; and
W Pertinent time limitations for ac- (6) To maintain close coordination
cepting applications. grant award ac- with and provide reports to the Re-
tivities. and administrative activities. gional Director.
(vi) Provisions for specifically Jdentl- (g) Approval of funds. (1) The Re-
fying, in the accounts of the State. all gional Director may approve Federal
Federal and State funds committed to assistance under this section upon his/
each grant program. and provisions her determination that:
for ensuring the immediate return, (i) Tile Governor has indicated his/
upon discovery, of all advances made her intention to implement the pro-
by the Federal Government that are gram in accordance with paragraph (f)
excess to the program needs. of-this section: and
(2) The Governor or his/her desig- 0i) The State administrative plan
nee may request the Regional Director meets the requirements of this section
to provide technical assistance In the and current policy guidance.

321

118

� 205.54 Title 44-Emergency Management and Assistance

(2) The Regional Director may ap- In accordance with the date in para-
prove Federal assistance based on hisl graph (h)(2)(i)(C), of this section, or
her estimate of the amount required has failed to repay previous excess ad-
to meet the necessary expenses and se- vances of Federal funds after comple-
rious needs of disaster-affected indi- tion of the Federal audit (or State
viduals and families which cannot be audit in those programs where no Fed-
met through assistance from other eral audit is conducted).
means. The Regional Director may au- (I) Reimbursement to the State. (1)
thorize the use of the letter of credit The Regional Director shall approve
as a mechanism for funding the IFG reimbursement to the State of the
program. Federal share of eligible costs on the
(h) Advance of funds. (1) The GAR basis of a voucher filed by the State
shall submit requests. and the Region- and supported by a State audit. Costs
al Director may authorize advances of that are eligible for reimbursement in-
funds, for the Federal share of grants clude 75 Percent of the cost of meeting
under this section. necessary expenses or serious needs of
(2) The Regional Director may also individuals and families, and expenses
authorize advances of funds for the incurred in administering the grant
State share of grants under this sec- program. The maximum amount of
tion if the State is unable immediately State administrative expenses that is
to pay its 25 percent share. eligible for reimbursement is comput-
(I) The Governor shall make the ini- ed by dividing the eligible Federal cost
tial request to the Regional Director of meeting necessary expenses or seri-
for an advance of the State share. The ous needs of individuals and families
request shall include: by 0.97. and subtracting the eligible
(A) A certification that the State Is Federal cost of meeting such expenses
unable immediately to pay its 25 per- or needs from the quotient.
cent share; (2) If a State requests reimburse-
(B) A statement of the specific ac- ment for a grant that is improperly or
tions taken or to be taken to overcome inadequately documented. or that does
the inability to provide the State not conform to the State administra-
share; tive plan, the Regional Director shall
(C) A certification that the State suspend the claim.
will repay this advance when it is able, (3) The State may request reim-
and the date for this repayment; and bursement for a grant that has not yet
(D) An estimate of the total amount been expended or committed by the
needed to meet the State's 25 percent grant recipient. The State shall justify
share. such a claim, including the steps being
(I]) The GAR may submit to the' Re- taken to eliminate it. If the Regional
gional Director subsequent requests Dirertor determines that the justifica-
for advances of the State share. tion is inadequate. he/she shall sus-
(3) The Regional Director may re- pend the claim.
cover any advance of the State share (4) The State may request reim-
not repaid by the date established in bursement for a grant that was made
accordance with paragraph on the basis of fraudulent Informa-
(h)(2)(i)(C) of this section. or any tion, that was misapplied by the grant
excess advance of the Federal share recipient. that duplicates assistance
not refunded within 30 days af I er com- from other means. or that was author-
pletion of the Federal audit (or State ized for acquisition or construction
audit in those programs where no Fed- where proof of purchase of nood in-
eral audit is conducted), in accordance surance was not provided to the State.
with 44 CFR Part 11. Subpart C, in- If the State has taken the action re-
cluding the offset of Federal funds to quired by Its administrative plan to re-
which the State would otherwise be cover the grant funds, but has been
entitled. unable to do so, the Regional Director
(4) The Regional Director may with- shall approve the claim.
hold advances tinder this section If the (j) Audils. The State shall audit
State has failed to repay an advance cavh grant program in accordance
of it% share in it previous IPG program with audit guidOines provided by the

322

119

Chapter I-Federal Emergency Management Agency � 205.71

Regional Director. All claims are sub- be made in writing within 15 days of
ject to Federal audit. the Regional Director's decision.
W Time limitations. (1) In the ad- Action by the Associate Director Is
ministration of the IFG program: final.
(I) The Governor shall indicate his/ (m) Exemptions from garnishmenL
her intention to implement the IFG All proceeds received or receivable
program no later than seven days fol- under the IFG program shall be
lowing the day on which the major exempt from garnishment, seizure. en-
disaster was declared and in the cumbrance, levy, execution, pledge, at-
manner set forth in paragraph (f) of tachment, release. or waiver. No rights
this section; under this provision are assignable or
01) The State shall accept applica- transferable. The above exemptions
tioms from individuals or families for a will not apply to the requirement im-
period of 60 days following the decla- posed by paragraph (e)(1)(ii)(L) of this
ration date, and for a minimum of 30 section.
days thereafter when the State deter- (47 FR 10554, Mar. 11. 19821
mines that extenuating circumstances
beyond the applicants' control (such
as, but not limited to, hospitalization. Subpart E-Pubtic Assistance
illness, or inaccessibility to application
centers) prevented them from apply- AUTHORITY: Sec. 601. Disaster Relief Act
Ing in a timely manner; of 1974. as amended. Pub. L. 93-288, 88 Stat.
(III) The State shall complete all 163 (42 U.S.C. 5201); Executive Order 12148
grant award activity, including eligibil- (44 FR 43239); and Delegation of Authority.
ity determinations, disbursements, and unless otherwise noted.
disposition of appeals, within 180 days SOURCE: 45 FR 53957. Aug. 13.1980, unless
following the declaration date. The otherwise noted.
Regional Director shall suspend all 0 205.70 General.
grant awards disbursed after the speci-
fied completion date; and This subpart provides policies and
Uv) The State shall complete all ad. guidelines for determinations of eligi-
ministrative activities and submit final bility of applicants for public assist-
reports, State audit, and vouchers to ance, eligibility of work, and eligibility
the Regional Director within 90 (lays of costs of Pub. L. 93-288, as amended.
of the completion of all grant award It Includes criteria for determining eli-
activity. gibility of assistance under Sections
(2) The GAR may submit a request 305. 306, 402, 403. 415, 416, 418. and
with appropriate justification for the 419 of Pub. L. 93-288, as amended.
extension of any time limitation. The Refer also to Subparts J, K, and M,
Regional Director may approve the re- and to 44 CFR Parts 9 and 10 of these
quest for a period not to exceed go regulations for additional guidance re
days. The Associate Director may ap- lated to eligibility determinations.
prove any request for a further exten- �205.71 Definitions.
sion of the time limitations.
(1) Appeals. (1) The State may (a) "Educational institution" means:
appeal to the Regional Director any (1) Any elementary school as defined
Federal action under paragraphs (g) by section 801(c) of the Elementary
through W of this section. An appeal and Secondary Education Act of 1965;
shall be made In writing within 30 (2) Any secondary school as defined
days of the date of the Federal action. by section 801(h) of the Elementary
The Regional Director shall review and Secondary Education Act of 1965;
the material submitted. conduct an in- or
vestJgation if appropriate, and, not (3) Any InstItution of higher educa-
later than 15 days following receipt of tion as defined by section 1201 of the
the appeal, notify the State of his/her Higher Education Act of 1965.
decision In writing. (b) '*Predisaster condition" means
(2) The State may further appeal the state of repair or serviceability of
the Regional Director's decision to the a facility Immediately prior to the dis-
Associate Director. This appeal shall aster. taking Into consideration prior

323

120

� 205.72 Title 44-Emergency Management and Assistance

damages, age, deterioration, and any medical facilities even If not contigu-
limitations upon Its operation. ous.
(c) "Predisaster design" means the (5) "Custodial care facility- means
size and capacity of a facility when the those buildings, structures, or systems
major disaster occurred. taking into including those for essential adminis-
account its major features, as original- tration and support. which are used to
ly placed in service but updated by any provide institutional care for such per-
modernization or expansion of the fa- sons as - the aged and di%abled; such
cility, prior to the major disaster, to persons do not require day-to-day care
provide added capacity for public serv- by doctors or by other professionals
ices. but do require close supervision and
(d) "Private nonprofit facility" some physical constraints of their
means any private nonprofit educa. daily activities.
tional. utility, emergency, medical, and (e) "Private nonprofit organization"
custodial care facility, including those means any nongovernmental agency
for the aged or disabled, and those on or entity that currently has:
Indian reservations. (1) An effective ruling letter from
(1) "Educational facilities" means the U.S. Internal Revenue Service.
classrooms plus related supplies, granting tax exemption under Section
equipment, machinery, and utilities of 501 (c), (d). or (e) of the Internal Rev.
an educational institution necessary or enue Code of 1954. or
appropriate for instructional, adminis- (2) Satisfactory evidence from the
trative, and support purposes, but does State that the non-revenue producing
not include: organization or entity is a nonprofit
(I) Buildings, structures and related one organized or doing business under
items used primarily for athletic exhi- State law.
bitions, contests, games or other (f) "Standards" as used in this sub-
events for which admission is charged part means codes, specifications. or
@o the general public. such as athletic standards.
stadiums, gymnasiums. and swimming
pools. �205.72 Applicant eligibility.
(ID Buildings, structures and related (a) "Within the disaster area desig-
Items used primarily for religious pur- nated by the Associate Director. State
Poses or primarily in connection with or local governments, as defined in 44
any part of the program of a divinity CFR Part 205. Subpart A, are eligible
school, or department of divinity, as applicants.
defined by Section 1201 of the Higher (b) Private nonprofit organizations
Xducation Act of 1965. or institutions, owning and operating
(2) "Utility" means buildings, struc- educational, utility. emergency, medi-
tures, or systems of any power. energy, cal or custodial care facilities, are eligi-
telephone, water supply. sewage col- ble applicants.
lection and treatment, or other similar (c) Am Indian tribe (or authorized
Public service. An irrigation system is tribal organization or Alaskan village
riot a "utility**. or organization, which exists for
(3) "Emergency facility" means public service.) is also an eligible appli-
those buildings, structures, or systems cant. In those cases where the State is
used primarily to provide emergency unable or unwilling to process a
services. such as fire protection. ambu- project application on its behalf. such
lance. or rescue, to the general public. applicant may submit its project appli-
(4) "Medical facility" means any cation directly to the Regional Direc-
hospital. outpatient facility. rehabili. tor.
tation facility, or facility for long term (d) A public entity is eligible for as-
care, as defined by the Associate Di- 'sistance when its requests are submit-
rector, and any similar facility offer- Led by a State or a political subdivision
Ing diagnosis or treatment of mental of the State. Organizations which are
or physical injury or dism. se, including formed for a public purpose and whose
tile administrative and support, facili- direction and funding are provided pri-
ties essential to the operation of such marily by one or more political subdi-

324

121

Chapter I-Federal Emergency Management Agency � 205.73

Visions of the State are normally con- (d) Assurances. As a condition for
sidered to be public entities. any grant or loan under the Act. the
(e) Any rural community orunincor- State and the applicant shall provide
porated town or village may be eligible the assurances required by the Re-
when an application for Federal assist- gional Director and accompanying the
ance is made by a State or a political project application or loan application.
subdivision of the State on its behalf. These assurances are legally binding
(f) Eligibility of applicants for emer- when offered by the applicant and the
gency snow removal assistance. (1) TO State. and approved by the Regional
qualify as an eligible applicant, any Director.
State or local goverru-nent (as defined (e) Facilities serving a rural commu-
in section 102(4) or (6). of the Act) nity or unincorporated town or vil-
must have adequately documented re- lage. To be eligible, a facility or system
sponsibility for emergency snow re- not owned by a State or local govern-
moval from thru public roads or thru ment must meet the following require-
public streets. ments:
(2) Private non-profit organizations (1) The facility is located in and/or
are not eligible. serves an unincorporated community.
(g) Under Pub. I@ 93-288 grants to town, or village; and
eligible applicants are discretionary (2) Ownership is vested in a not-for-
and are based on FEMA grant approv- profit organization, and
al for proposed work and subject to (3) Proposed work on the facility
any conditions upon which that grant satisfies eligibility requirements other-
approval was based. wise applicable to public facilities
t45 FR 53957. Aug. 13. mo, as amended at under section 306 of the Act and must
45 FR 64585, Sept. 30.19801 be necessary to restore essential public
services on an emergency basis.
11205.73 General work eligibility. (f) Grants-in-lieu. A grant-in-lieti is a
(a) GeneraL To be eligible for finan- categorical grant, based on work eligi-
cial assistance. an item of work must: ble under section 306 or 402(e) of the
(1) Be for a purpose set forth in the Act, which the grantee may use to pro-
Act and these regulations. vide a larger, more elaborate or equiv-
(2) Be required as the result of the alent facility that as a minimum re-
major disaster or emergency. and places the design or capacity of the
(3) Be located with'in a disaster area public facility damaged or, destroyed
designated by the Associate Director. by the major disaster. The facility to
(b) Work under other Federal agency which the grant-in-lieu is applied must
programs. Disaster assistance under be restored to its predisaster capacity
the Act is not available for work which and serve the same purpose or func-
other Federal agencies may fund tion as the damaged facility.
under their own statuto;y authorities. (g) Time limitations. Timely per-
except under unusual circumstances formance of eligible work Is necessary
approved by the Regional Director. to minimize costs of work and to avoid
When another Federal agency (OFA) delays in restoration of public services.
has authority and the necessary funds The Regional Director may approve
available to restore facilities damaged reimbursement to an applicant for eli-
or destroyed by a major disaster or gible work performed prior to the Fed-
emergency that OFA funding authori- efal damage survey, but within the
ty shall be used Instead of FEMA time limitations and the disaster-af-
funding. fected area. When. due to circum-
(c) Restoration of leased facilities. stances not beyond its control. an ap-
(1) Applicant-owned facilities are eligi- plicant falls to comply with the ap-
ble. except when leased and the lease proved time limitations. the Associate
places such responsibility on the Director. or his/her designee may de-
lessee. cline to approve an extension of time
(2) Facilities owned by others but for starting or completing the ap-
tinder lease to an applicant are eligible proved work.
to the extent of the applicant's re- (h) Afaintenance. Routine or regular
sponsibility under the lease. maintenance is not eligible. To be eli-

325

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� 205.74 Title 44-Emergency Management and Assistance

gible, repairs or replacements of dam- recommendations of the emergency
aged facilities which are of the types work necessary to cope with the
usually performed as maintenance. threat. Refer also to 44 CFR 205.70.
must: (b) Debris removal. No such work
(1) Be of disaster scope and magni- shall be performed unless the affected
tude,and State or local government first pro-
(2) Be essential to restore the disas- vides to the Regional Director written
ter condition and design of the dam- wssurances of rights of entry and in-
aged or destroyed facilities, and demnification required by FEMA.
(3) Be performed on an expedited When approved in the public interest
basis. by the Regional Director the following
types of emergency work are eligible:
6 205.74 Emergency work. (1) Clearance of debris and wreckage
(a) GeneraL (1) Emergency work is from publicly and privately owned
eligible under section 305 or 306 of the land and waters.
Act to provide emergency protective (2) Demolition and removal of public
measures to save lives, to protect and private buildings damaged beyond
public health and safety, and to pro- repair.
tect property as the result 'of a de- (3) Cleanout of reserviors, debris
clared major disaster or emergency; catch basins, streams. and opening of
under section 306 or 403 for debris re- drainage channels or facilities only
moval; under section 415 for Emergen- under section 306 or 403 of the Act.
cy Communications; and under Sec- Such clearance shall be limited to the
tion 416 for Emergency Public Trans- removal of materials which are foreign
portation. to that facility and which were depos-
(2) When immediately necessary and ited by the disaster. It is not in the
no lesser emergency work is feasible, public interest to clean out debris
permanent restorative work on facili- catch basins at Federal expense that
ties damaged or destroyed by a major have a remaining capacity of storing
disaster or emergency may be expedit- debris that could be expected from a
ed as emergency work under sections five-year storm. In determining public
305 or 306 of the Act. Eligibility of interest, past history of clean out of
such emergency work shall be deter- such facility shall be considered. Some
mined separately from any other per- removal of debris, deposited prior to
manent restorative work eligible under the Presidential declaration, may be
section 402 of the Act. required as a condition for Federal
(3) In determining public Interest for funding under this section.
tmergency work for which these regu- (c) Emergency protective measures.
lations require such determination, (1) The Regional Director may ap-
the Regional Director shall determine prove emergency protective measures
whether the work is necessary to: under section 306(a)(4) of the Act
(I) Eliminate Immediate threats to which he/she determines are in the
life, public health, and safety; or public Interest. Such emergency work
(H) Eliminate an immediate hazard to protect property must be Justified
which threatens substantial destruc- further by favorable benefits when
tion of undamaged Improved public or compared to Federal costs involved
private property; or and by providing widespread benefits
(III) Assure economic recovery of the to the community-at-large.
affected community to the benefit of (2) Emergency protective work to
the community-at-large; or prevent additional damage to im-
Uv) Provide emergency facilities proved property is eligible only when
when necessary to resume essential the effects of a declared major disas-
public services. ter or emergency have severely dam-
(4) In determining whether such aged or destroyed facilities and fur-
emergency work is In the public Inter- ther destruction to improved property
est, the Regional Director may reqiiire Is threatened soon by subsequent simi-
certification by local, State, or Federal lar disasters or emergencies. When ap-
health officials. including Identifica- proved, such emergency work is limit-
tion and evaluation of the threat and ed to the-essential measures required

326

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Chapter I-Federal Emergency Management Agency � 205-74

to protect the community-at-large (A) "Local roads and streets" means
against similar disasters or emergen- local county roads and city streets
cies that would be expected to occur which do not serve thru traffic and are
not less frequently than every five of only local interest. Their main func-
years, or to restore protection as exist- tion is to provide access to abutting
ed prior to the disaster, whichever is property.
lesser. (B) "Collector roads and streets"
(3) Removal of health and safety means local collector roads and streets
hazards. The following are examples which serve thru traffic and provide
of measures that may be eligible when access to higher type roads and facili-
approved in the public interest by the tate community activities but are pri-
Regional Director: disposal of dead marily of local interest. One of their
animals: drainage of water trapped as major functions is to provide access of
a result of a major disaster or emer- abutting property.
gency; pumping of basements only (C) "Minor arterial roads and
where there is flooding of numerous streets" means roads and streets
basements in the disaster-affected which serve thru traffic and provide
area; decontamination of private wells access to higher type roads, connect-
or pumping septic tanks only where Ing communities in nearby areas in ad-
pollution problem is widespread; dition to serving adjacent property.
vector control of insects involving a se- (D) "Principal arterials',' means
rious health hazard to humans. roads and streets which -serve thru
(4) Landslides. To be eligible for traffic and are of statewide interest.
FEMA reimbursement, emergency They carry high volumes of traffic be-
work shall be performed during the in- tween population centers and are de-
cidence period for the major disaster signed to facilitate traffic movement
or emergency, except under unusual with limited land access. It also means
circumstances where the Regional Di- roads and streets which serve thru
rector determines that the proposed traffic only and provide no access to
work is primarily disaster-related and abutting property. (For further clarifi-
in the public interest. Examples are cation, refer to the functional classifi.
debris removal. simple drainage meas- cations for highways as determined
ures, and emergency repairs to dam- pursuant to 23 CFR 470.107(b)(3)).
aged public facilities. Permanent stabi- (ii) Eligible work. When approved by
lization of a landslide is not attainable the Regional Director, the following
usually by such emergency measures. types of facilities are eligible:
(5) Emergency access. An access fa- (A) Thru traffic lanes of collector
cility that is not publicly owned or Is roads and streets; minor arterial roads
not the direct responsibility of an eli- and streets. and principal arterials.
gible applicant or grantee for oper- (B) Tracks and rights-of-way of
ation and maintenance may be eligible urban mass transit systems only when
for emergency repairs or replacement necessary for the resumption of urban
provided: high volume traffic.
0) The Regional Director deter- (III) Ineligible work. The following
mines that emergency repair or re- types of facilities are not eligible:
placement of the facility Is In the
public interest, or economically elimi- (A) Local roads and streets (these
nates needs for temporary housing. normally will include alleys and cul-
with no alternative access facilities Im- de-sacs and residential streets where
mediately available within a reason- 24-hour parking Is permitted during
able distance. and snow emergencies).
0i) The necessary emergency work (B) OLher facilities Including:
can be provided on a one-time basis (1) Parking lots (except where
can and will'in no way obligate the needed and used for emergency snow
Federal Government to fund further removal operations)
emergency work or maintenance. (2) Playgrounds
(6) Emergency snow removal assist- (3) Recreational or park facilities
ance. (4) Airports (except for emergency
(i) Definitions: road access)

327

W-VA 0-S3-22

124

� 205.75 Title 44-Emorgency Management and Assistance

(5) Public housing authorities places as necessary for the community
(except for emergency entrance to to resume its normal pattern of life as
housing areas) soon as possible. Any transportation
(6) Cultural facilities provided under this section is intended
(7) Hospitals and other medical care to supplement but not replace predis-
facilities (except for emergency aster transportation facilities that
access). remain operable after a major disas-
(7) Work that is immediately neces- ter. FEMA funding of such emergency
sary as the result of a major disaster transportation will be discontinued by
and directly related to permanent the Regional Director as soon as the
work eligible to be preformed later emergency needs have been met.
under section 402 of the Act will nor- L45 FR 53957. Aug. 13. 1980, as amended'at
mally be approved by the RegionaJ Di- 45 FR 64585. Sept. 30. 19801
rector In the public Interest as emer-
gency protective measures under sec- 9 205.75 Permanent worL
tion 306 of the Act.
(8) Water control facilities. Emer- (a) General. (1) Applicability. Per-
gency work on water control facilities manent work Is eligible under section
shall be limited to that required to 402 of the Act and these regulations
insure the structural integrity of the and includes help to eligible applicants
damaged facilities or to restore dis- to repair, restore, reconstruct, or re-
rupted public services when necessary place eligible facilities on the basis of
to meet emergency needs of the com- the design of the facilities as they ex-
munity-at-large. isted immediately prior to the disaster
(9) Ice jams. FEMA assistance to and in conformity with applicable
remove Ice Janis is not eligible. standards. Criteria for determining eli-
(10) Emergency protective facilities gibility of permanent work are the
Installed will be eligible for removal same for categorical. flexible funding,
under the Act only when such facili- and small project grants.
ties are directly affecting the oper- (2) Standards. (I) To be applicable
ations of, or access to, public facilities for Federal grant assistance under sec-
required by the applicant in Its normal tion 402 of the Act, standards for re-
day to day operation. pairs, or for new construction. must be
(d) Emergency communications. The in writing, formally adopted, enforced,
Regional Director Is authorized as the and In general use when the major dis-
result of an emergency or major disas- aster occurred. except:
4r to establish emergency communt- (A) Those standards prescribed by
cations and make them available to the Associate Director
State and local government officials (B) Those standards authorized as
and other persons as he/she deems ap- deviations by the Associate Director.
propriate. Such emergency communi- di) In those cases where no stand-
cations are ordinarily intended for use ards are applicable, Federal grant as-
as necessary to carry out the disaster sistance for permanent work under
relief functions. Communications pro. the Act shall be limited to restoring
vided under this section are intended the facility to its predisaster condition
to supplement but not replace normal and predisaster design to the extent
communications that remain operable practicable.
after a major disaster. These emergen- (III) In restoring damaged or de-
cy communications will be discontin- stroyed facilities by use of grant assist-
ued Immediately when the essential ance for permanent work under the
emergency communications needs of Act, the Regional Director may au-
FEMA and the community have been thorize minor disaster proofing not re-
met. quired by applicable codes, specifica-
(e) Emergency public transportation. tions or standards. when in the public
The Regional Director may provide Interest. Refer. also to 44 CFR 205.70.
emergency public transportation In a Ov) Under section 406 of the Act. as
disaster-affected area to meet emer- Implemented by 44 CFR 205.402(d).
gency needs and to provide transporta- the Associate Director may prescribe
tion to public places and such other standards which then are applicable

328

125

Chapter I-Federal Emergency Management Agency � 205.75

only to Federally-assisted projects for 205, Subpart M, 44 CPR Part 9 and 44
permanent work. CPR Part 10 when applicable and are
(v) Under section 402 of the Act, determined by the Regional Director
when the Associate Director deter- to be in the public interest. If not. the
mines that conformity to existing ap- Regional Director may authorize
plicable standards will jeopardize emergency repairs under section 306.
public health and safety, he/she may Pub. 1- 93-288, to restore essential
authorize appropriate standards as de- public service and shall then decline to
viations after consultations with the approve any permanent restorative
Regional Director, the Governor's Au- work in accordance with 44 CFR Part
thorized Representative, and the ap- 9.
plicants. Prior to the authorization of . (H) If the facility was in a damaged
such deviations, the State or local gov- or unsafe condition prior to the major
ernment having JurLstliction in the af- disaster. the applicant shall agree to
fected areas shall also adopt and en- pay the cost of correcting any such
force these new standards for all like conditions as a prerequisite to Federal
projects. Refer also to 44 CFR 205.70. assistance.
(3) Materials. For all eligible repairs, (III) Only those repairs will be ap-
replacements, rebuilding or other re- proved which restore the portions of
storative work, the most economical the structure damaged by the major
materials shall be used, taking into disaster.
consideration the following: Predisas- (6) Replacement. If a damaged'facili-
ter design and condition of the facili- ty is not repairable to predisaster con-
ty; current applicable standards, if dition as determined by the Regional
any; and predisaster public.services or Director, approved restorative work
usage of the facility. Consideration shall include replacement of the facili-
shall also be given to protection of the ty on the basis of its predisaster
environment (44 CFR Part 10) and to design, in conformity with applicable
floodplain management. if applicable, standards for new construction. Refer
(44 CFR Part 9). also to 44 CPR Parts 9 and 10 and to
(4) Public Interest. Refer also to 44 44 CFR Part 205, Subpart M. for addi-
CFR 205.70. In determining whether tional guidance where applicable.
permanent work is in the public inter- (7) Relocation. When the Regional
est, the Regional Director shall deter- Director determines that there is a
mine that: practicable alternative to restoring a
I (I) The applicant and the work in- facility in a high hazard area he/she
volved are eligible under the Act and may approve relocation to the less
these regulations. hazardous site. In each such case an
(ii) The work Is necessary for the environmental assessment is required
benefit of the community-at- large. and the applicant shall provide the
(III) The outlook for continued new site. Refer also to 44 CPR
future public use of the restored facili- 205.76(e)(6).
ty and the raLio of benefits to costs of (8) Feasibility studies. In those cases
restoration are favorable. where the decision to repair or to re-
(5) Repairs. (I) A facility Is consld- place the damaged facility depends
ered repairable when in terms of cur- upon the relationship between repair
rent applicable standards for repairs costs and replacement costs, and the
in ef f ect at the time of the disaster: project is of sufficient magnitude, a
(A) It is feasible to repair the facility feasibility study may be undertaken.
so that It can perform the function for (9) Limited use facilities. Facilities
which it was dvsigned as well as It did which were in limited use prior to the
immediately prior to the disasWr'. and dimster, or were being used for other
(B) Such repairs can be made at a purposes than originally designed.
cost less than the estimated cost of re- may be eligible for assistance only to
placing the damaged structure on the the extent necessary to restore imme-
basis of its design immediately prior to diate predisaster capacity for such use.
the disaster; and (10) Inactive facilities. Facilities that
(C) Such permanent repairs are a were not in active use at the time of
practicable alternative undvr 44 CPR occurrence of the major disaster are

329

126

� 205.75 Title 44-Emergency Management and Assistance

not eligible except in those instances. on highway slopes or where required
as determined by the Regional Direc- to maintain the structural integrity of
tor, where the facilities were only tem- a facility, and in areas where sodding
porarily inoperative for repairs or re- is eligible but seeding is substituted.
modeling, or where active use by the (16) Sodding. Sodding is not eligible
applicant was firmly established in an except when the local practices of the
approved budget and was scheduled applicant would require sodding as in
prior to the major disaster to begin golf greens and in certain grassy areas
within a refisonable time. in parks or public places. Seeding shall
(11) No action. (I) The Regional Di- be substituted whenever feasible.
rector may decline to approve Federal (17) Landslides. Section 402 of the
funding to restore facilities at the Act provides for restoration of dam-
original site when such facilities were aged or destroyed facilities which are
subject to frequent repetitive heavy man-made features or improvements.
damages or destruction. The site is the owner's responsibility.
(ii) The Regional Director shall de- Permanent stabilization of a landslide
cline to approve Federal funding when area can be quite costly and may not
he/she determines in accordance with produce the desired results. When the
44 CFR Part 9, 44 CFR Part 10, or 44 Regional Director determines that no
CPR Subpart M that FEMA funding is practicable alternative exists. he may
barred. For each such determination, decline to provide such grant assist-
there is no flexible funding option ance for restoration of facilities within
under Section 402(f) or in lieu contri- the slide area. Permanent work.to sta-
butions under Section 419 Pub. L. 93- bilize a landslide is not eligible.
288, as amended. (b) [Reserved]
(12) Nonessential features. Although (c) Road and street facilities or sys-
constructed and maintained by the ap- tents. (1) Width standards. The Asso-
plicant, non-functional features of a ciate Director has prescribed mini-
facility only of aesthetic value are not mum bridge width standards which
eligible. are applicable to bridge replacement
(13) Furnishings and equipment. (but not to repairs) involving FEMA
Comparable used or surplus furnish- funding. These standards appear in
ings and equipment will be approved applicable handbooks and may be su-
as replacement items when available. perseded by changes when approved
Only those functional furnishings and by the Associate Director.
equipment essential to the mainte- (2) Approach roads. If the approach
nance and operation of the facility are roads were undamaged and a bridge
eligible. can be replaced at the existing site
(14) Consumable supplies. Consum- without unacceptable traffic safety
able supplies damaged or lost in a dis- hazards. the Regional Director may
aster are eligible for replacement but approve eligible restoration costs tp re-
limited to a 30-day requirement of place the bridge at that site in accord-
each Item replaced. However, the Re- ance with current applicable stand-
gfonal Director may approve addition- ards. If relocation of the bridge is ap-
al requirements for certain Items for proved to achieve a safer road align-
which he determines that minimum ment, any replacement of existing, un-
economical stockage levels exceed 30 damaged approach roads and all other
days. work on approach roads not resulting
(15) Seeding. Seeding shall normally directly from major disaster damages
be limited to broadcast seeding with- are the responsibility of the applicant.
out mulching or fertilizer during the Such relocated approach roads of any
regular seasons when such work Is per- replacement bridge shall conform at
formed locally. The Regional Director least to the minimum American Asso-
may approve broadcast seeding to clation of State Highway and Trans-
retard erosion In disaster-affected portation Officials (AASHTO) stand-
areas and In areas disturbed by eligible ards outlined in Tables I thru 7.
work. AASHTO Geometric Design Guide for
The Regional Director may approve Local Roads and Streets. Skewing of
mulching, fertilizer, and watering only any replacement bridge to conform to

330

127

Chapter I-Federal Emergency Management Agency � 205.75

a FEMA-approved safer alignment Is Regional Director may require that an
eligible for Federal reimbursement. It applicant provide without reimburse-
an applicant decides not to provide at ment adequate drainage structures or
its own cost the approach roads, relo- erosion-resistant structures, as a condi.
cated and upgraded to minimum tion for approval of Federal grant as-
AASHTO standards. Federal assist- sistance for the placement of a fill,
ance under the Act shall be limited to embankment. or other facility.
a replacement bridge at the original (8), Culverts. Culverts that are
location with the same capacity as ex- washed out and destroyed may be re-
Isted at the time of the disaster and placed by culverts of similar construc-
with width not exceeding the mini- tion or by larger culverts If required
mum safe standards stated above. by applicable standards. However. if a
(3) Sidewalks. Sidewalks on bridges culvert Is merely plugged, and no
are not eligible unless they existed on other damage has been sustained.
the damaged bridge prior to the disas- cleaning of the culvert is routine main-
ter, or are required by current. appli- tenance and therefore is not eligible.
cable standards. (d) Water control facilities. (1) Re-
(4) Waterway openings. In the pairs or other restorative work will not
design of bridge and culvert waterway exceed restoration in accordance with
openings, consideration will be given current applicable standards including
to the drainage area involved above appropriate hazard mitigation meas-
and below the bridge site. Federal reg- ures as practiced by the applicant
ulations pertaining to the National throughout its system of other like
Flood Insurance Program provide for facilities:
prevention of "new enroachments" (I) Predisaster condition and design
into 100-year floodway. However, the capacity,
replacement of bridges under the Act (ii) Previously existing elevations,
which were damaged or destroyed is and
not "new encroachment" within the (III) Cross sections
meaning of those regulations. Water- (2) In those cases where Inadequate
way openings for bridges and culverts maintenance by the applicant prior to
shall be based on predisaster design a major disaster significantly dimin-
and capacity in accordance with cur- ished the predisaster design or hy-
rent applicable standards and addi- draulic capacity of a facility or system,
tional guidance in 44 CFR Part 265. the Regional Director shall require
Subpart M, 44 CFR Part 9 or 44 CPR the applicant to correct the mainte-
Part 10. nance deficiencies of the entire facility
(5) Floodway. Work In floodway re- or system as a condition for Federal
lated to bridge restoration. including grant approval. The approval will be
lining and straightening or bank pro- limited to restoration of the design
tection such as rip-rap that did not and condition of the facility or system
exist prior to the major disaster. is not as it existed immediately prior to the
eligible unless such work will reduce major disaster. The applicant shall
overall project costs of new construc- submit a plan and schedule for the re-
tion eligible for Federal funding. quired maintenance work acceptable
(6) Traffic standards. Determination to the Regional Director before his/
of predisaster capacity for handling her approval of otherwise eligible
traffic of bridges damaged or de- cost,,. If these conditions are not satis-
stroyed as a result of a major disaster fied, the Regional Director may de-
shall be based on the average daily cline to approve Federal assistance.
traffic which the bridge carried imme- Final payment of approved Federal as-
dialely prior to the disaster. sistance may not be made until the
(7) New drainage structures. Con- design capacity of the facility or
struction of new drainage structures in system has been restored and all main-
those icases where lack of drainage tenancc deficiencies have been correct-
structures caused flooding damage is ed.
not eligible, except fur diswsler proof- (e) Public buildings and equipment.
ing. In accordance with 44 CPR Part 9 (1) Repairs to buildings. Where an eli-
or Part 10 of Lliese Regulations. the gible building receives extensive

331

128

� 205.75 Tifle 44-Emergency Management and Assisfance
damage but remains structurally books or publications damaged or de-
sound, the Federal contribution is lim- stroyed. When damage to books is re-
ited to repairing the damage in accord- pairable, only repair is authorized.
ance with applicable standards for re- Federal grant assistance shall be based
pairs. on used replacements, when resonably
(2) Replacement of buildings. When comparable and available. Discounts
a publicly-owned building is destroyed normally are available and must be
or damaged to the extent that the Re- considered. The Regional Director
gional Director determines that it may authorize equivalent replace-
would not be feasible to perform re- ment, such as substituting microfilm
pairs, a replacement structure may be copies of newspapers and periodicals.
authorized, with its eligible capacity if they can be provided at no greater
not to exceed the capacity of the origi- Federal cost than replacement of the
nal structure. damaged items in kind.
(3) Office equipment. When damage (f) Public utilities. (1) Repair of
to office equipment is repairable. only public utility distribution systems nor-
repair is authorized. Comparable mally requires the same general type
office equipment such as typewriters. of materials as previously existed. If
desks and chairs, when available from more economical and satisfactory al-
Federal and State surplus or commer- ternate materials are available. they
cially, shall be procured for repalce- shall be used.
ment items. (2) Cleaning of storm and sanitary
(4) Service equipment. Police cars sewer lines damaged by the disaster is
and motorcycles, fire trucks. public eligible only to the extent it is disas-
works construction and maintenance ter-related and necessary to restore
equipment, and other such equipment adequate functioning of the system
damaged as a direct result of the disas- under conditions expected each year.
ter, but. not as the result of the disas- (3) Repair or replacement of measur-
ter operations, are eligible for repair ing devices such as meters is eligible
or replacement in accordance with the only if the responsibility is that of the
following criteria: applicant.
(I) Repairs. (A) Only those repairs (4) The Federal contribution shall
necessary to return service equipment not provide a higher level of sewage
to its predisaster repair standards are
eligible. The allowable repairs normal- treatment. If a higher level of treat-
ly will not exceed the "Blue Book" ment is required to meet State or Fed-
retail value of the piece of equipment. eral standards, the additional cost of
less any salvage value and insurance such facilities is the responsibility of
recoveries. the applicant.
(B) As a condition for Federal grant (g) Facilities under construction. (1)
assistance for repairs. the applicant ..Under construction" means that
shall correct any predisaster deficien- period of time from the initiation of
cies needed to restore the service construction by applicant forces to
equipment to safe operating condition final completion of all eligible work or
without Federal assistance except for from the award of the prime contract
disaster-related eligible repairs. to the applicant's final acceptance of
(it) Replacement. Non-repairable the facility from the contractor. Al-
service equipment will normally be re- though the applicant may have ac-
placed with used equipment of Rp- cepted certain features of the project
proxim0ely the same age and value to for use, the project Is considered to be
the extent such equipment Is readily under construction until it is finally
available within a reasonable time and accepted.
distance. Any equipment eligible for (2) Only those repairs or replace-
replacement must have been In active ments are eligible that are necessary
use or temporarily out of service. to restore facilities damaged or de-
(5) Library books and publications. stroyed by a major disaster substan-
Replacement of library books and pub- tially to predisaster condition. Resto-
lications Is based on an Inventory of ration of the site or natural setting for
the quantities of various categories of such facilities is the owner's responsi-

332

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Chapter I-Federal Emergency Management Agency � 205.7S

bility and is therefore not eligible. Dis- plus of such facilities would be created
aster proofing is not eligible. by the proposed work. or
(h) Private nonprofit facilities. (1) Ov) Unless the facility was In active
Eligibility criteria for restorative work use prior to the major disaster and
on facilities owned by eligible private providing significant medical services
nonprofit organizations are the same to the general public.
as for like work - on similar facilities (I) Publicly-owned parks and recre-
owned by any eligible applicant. ational facilities. (1) Publicly-owned
(2) As a condition for Federalgrant facilities which constitute physical in-
assistance, such facilities must have stallations in the area such as play-
been operated at the time of the grounds. swimming pools, boat docks,
major disaster in a manner to carry bath houses, tennis courts, picnic
out fully the purposes of the facilities tables, etc., are eligible for repair or
and of the owning organization or replacement when damaged or de-
entity, except those facilities under stroyed as the result of a major disas-
construction. ter.
(3) As a condition for Federal grant (2) Natural features of a publicly-
assistance, the eligible owning organi- owned park or recreational facility
zation shall provide all assurances nor such as trees and shrubs may be re-
mally required from any applicant in stored to predisaster condition to the
submitting a project application plus extent necessary to restore significant
any additional assurances required by public services or use that the Region-
the Regional Director, Including but a] Director determines to be reason-
not limited to the following: The grant able and practicable and in the public
recipient shall operate and maintain interest.
the restored facilities continuously (3) Repair or replacement of other
after completion throughout their damaged or destroyed natural areas is
useful life. not eligible except to eliminate an Im-
(4) The eligible owning organization mediate threat to public health and
must provide the necessary permits safety.
and licenses to repair. restore, recon- (J) Removal of timber. (1) When in
struct or replace the facility in accord- the public interest, the Regional Di-
ance with the project application and rector may approve grants to a State
subsequently to maintain and operate or local government for the purpose of
the facility. Refer aso to 44 CFR removing from privately owned lands
205.76(a)(15) and (a)(16). timber damaged as a result of a major
(5) Repair or replacement of any disaster. Refer also to 44 CFR
educational facility Is not eligible for 205.76(e)(9).
which disaster relief assistance would (2) Approved Work Practices. Bent,
not be authorized if it were a public twisted, downed timber of commercial
facility under the Act, under Pub. L. value will be salvaged or cleared when
81-815, or Title VII of the Higher Edu- approved under 44 CFR 205.75. This
cation Act of 1965. includes the construction of approved
(6) Repair or replacement of any temporary access roads required for
hospital or other medical care facility of the damaged timber.
in any disaster-affected area Is not ell. removal
gible: (1) Slash created by approved timber
(I) For which disaster relief assist, removal may be disposed of by not
ance would not be eligible under the r"ore than one of the following prac-
Act if it were a publicly-owned facility. tices when approved by the Regional
or Director'
(it) Where the Regional Director (A) Prescribed burning.
after consulting with the State hospi- (B) Drum chopping.
tal planning agency. determines that a (C) Raking. windrowing, and burn-
significant surplus of @uch facilities ing.
exists. or (ii) Where such slash Is to be
(III) Where after consulting with the burned, appropriate pernlitS will be
State hospital planning agency, he/ obtained from the Forestry Commis-
she determines that a significant sur- sion and/or other appropriate

333

130

� 205-76 Title 44-Emergency Management and Assistance

agency(fes), and other precautions and cost of performing work approved by
notifications made as required by law. FEMA. This limitation is not intended
(ill) No such slash should be placed to restrict the type and cost of work
where it will interfere with existing which the applicant may choose to un-
drainage facilities. dertake. If the applicant performs
work in excess of the approved
6 205.76 Eligibility of costs. amount, Federal financial assistance is
(a) GeneraL (1) This section provides limited to the costs of eligible work ap-
policies and guidelines for,determining proved by the Regional Director.
eligibility of costs of work eligible Flexible funding under section 402(f)
under the Act that may be paid to any of the Act, is limited to 90 percent of
eligible applicant or other recipient of the estimated costs of eligible perma-
this grant assistance. The subpara- nent restorative work.
graphs which follow are generally ap- (5) The applicant, may use assistance
plicable to eligibility of costs. Only under the Act to supplement funds
reasonable costs of eligible work are available from the grant programs of
reimbursable. other Federal agencies, or from other
(2) Factors affecting eligibility of sources provided that:
costs. To be eligible under a FTMA (I) There is no duplication of bene-
grant. costs must meet the following fits prohibited by section 315 of the
general criteria: Act, or
(I) Be necessary and reasonable for UD Such funding is not in violation
proper and efficient administration of of applicable laws and Federal regula-
the approved work, be allocable there- tions.
to under these regulations, and, except (6) Approval of Federal funding may
as specifically provided herein. not to be withdrawn for any project not
be a general expense required to carry started within approved time limita-
out the overall responsibilities of State tions, including extensions. Federal
or local governments. funding is not eligible for work per-
di) Be authorized or not prohibited formed after the approved termina-
under State or local laws or regula- tion date, including extensions. Refer
tions. also to 44 CFR Part 205. Subpart H.
(ill) Conform to any limitations or (7) Administrative expenses. Admin-
exclusions set forth In these regula- istrative expenses attributable to re-
tions, Federal laws, or other governing questing. obtaining, and administering
limitations as to types or amounts of FEMA grant or loan assistance are not
cost Items. eligible, including but not limited to
0v) Be consistent with policies, regu- the following:
lations, and procedures that apply uni- (I) Preparation or processing of
formly to both Federally assisted and project applications, reports, appeals.
other activities of the unit of govern- Inspection reports. audits. and claims
ment of which the grantee Is a part. for payment.
W Be accorded consistent treatment (it) Performance of owners responsi-
through application of generally ac- bilities.
cepted accounting principles appropri- (ill) Operation of Emergency Oper-
ate to the circumstances. ations Center.
(vi) Not be allocable to or Included 00 Salaries, wages. and expenses of
as a cost of any other Federally ft- State and local officials who are re-
banced program. sponsible for directing regular govern-
(vID Be net of all applicable crc@fflts. mental activities.
(3) Funding to any applicant for W S%IRTIM wages. fees, and ex-
costs that are reimbursable by another penses of individuals or firms while en-
Federal agency under its own statu- gaged in the preparation and process-
tory authorities Is not eligible under Ing of damage assessments, of project
the Act. RpPliCRtiOnS. claims for payment and,
(4) The amount of Federal reim- supporting documentation. including
bursement made to an applicant under costs of damage estimates.
categorical funding or under a small (vi) Office supplies and equipment.
project grant is limited to the eligible (vii) Rent.

334

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Chapter I-Federal Emergency Management Agency 205.76

(viii) Telephone and telegraph ex- (11) Salvage. Salvage value of any
penses. damaged or destroyed property must
(8) Grant-in-lieu. (I) The amount for be deducted in all determinations of
which a grant-in-lieu is approved is eligibility of work and from final reim-
limited to the estimated costs of the bursement to any claimant.
eligible work. (12) Stockpiled items. Costs of all
(ii) Proportionate sharing of costs is stockpiled items purchased under the
not an acceptable method of determin. Contributions Program (Pub. L, 920,
ing eligible costs for a grant-in-lieu. 81st Congress, as amended) for civil
(III) The only permissible basis for defense purposes which are lost, dam-
Increasing or reducing the Federal aged, or destroyed by a major disaster
funding under a grant-in-lieu is a sub. while in storage are not eligible.
stantial error or omission in defining (13) Insurance. (I) Cost of insurance
the approved scope of eligible work or required'for performance of grant or
in the approved estimated reasonable loan assistance is eligible.
costs of such work. In cases where the (ii) Insurance purchased by the
actual audited costs for completing State. the applicant. or grantee for its
the project are less than the approved protection from any liability arising
grant-in-lieu. the final payment will from assurances made to the grantor.
not exceed the actual audited costs. In or arising directly or indirectly from
such cases the Regional Director or use of the grant shall be at the. in-
the Associate Director will make ap- sured's expense and is not eligible.'
propriate reductions in the Federal (III) The Regional Director shall
payment based on his/her determina- reduce the grant by the actual applica-
tion of costs of completed better- ble amount of insurance proceeds re-
ments. ceived by the grantee or by any prior
(9) Equipment rental. Rental of pri- insurance commitment for Federal as-
vately-owned equipment to perform sistance that is delinquent. In the
eligible disaster work is eligible. How- event insurance recovery is contingent
ever, the rental rates must be compa- upon the amount of reimbursement
rable to going rates in the locality for under the Act, reimbursement is limit-
similar types of equipment. If not, rea- ed to eligible costs as determined by
sonable rates as determined by the Re- the Regional Director after deducting
gional Director shall be substituted in the maximum amount otherwise re-
approval of project applications. or of coverable under and up to the limit of
claims. When auditable records are the policy.
available, the actual audited costs of (14) Acquisition of lands, easements.
equipment may be considered in proc- and rights-of-way. Such acquisitions
essing appeals. are the responsibility of the applicant,
(10) Hand tools. materials, and sup- or grant recipient upon whose behalf
plies. (I) Eligible: (A) Reasonable costs project application was made. These
for materials and supplies consumed costs are usually covered by the assur-
In eligible disaster work. including ances accompanying the project appli-
those procured by direct purchase or cation and are not eligible for Federal
taken from applicant's stock. reimbursement except when approved
(B) Costs of hand tools (shovels, In the public interest by the Associate
hahcbaws, hammers. etc.). personal Director under unusual circumstances,
equipment. and protective cloLhing requiring immediate action beyond
rewsonably lost. worn out or destroyed State. applicant, or grantee's capabili-
through disaster use in performing eli- ties, or Involving significant cost sav-
gible work. ings to the Federal Government.
Oi) Not eligible: Costs for losses, (15) Licenses. The costs of Federal,
damage or destruction while In disas- State, or local licenses which are re-
ter or emergency use of radios. weap- quIred for the grantee to operate and
ons. and other items used regularly in maintain completed facilities are not
field. operations by police and other eligible. Meeting the requirements for
employees whose duties do not change licenses is the responsibility of the
because of the disaster. grantee.

335

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� 205.76 Title 44-Emorgency Management and Assistance

(16) Permits. The costs of Federal. such eligible grantees. No payment
State, or local permits which are re- will be made for any work which was
quired to perform eligible work are eli- not within the scope of responsibility
gible. of the eligible private nonprofit orga-
(17) Loss of revenue. Replacement of nization prior to the major disaster.
revenues lost as the result of a maJor (it) Such grants shall not: (A) Be
disaster or emergency is not eligible used to pay any part of the cost of
for grant assistance. facilities, supplies, or equipment which
(18) Excess utility costs. Any loss of are to be used primarily for sectarian
revenue or added costs or charges for purposes-, or
providing utility services is not eligi- (B) Be used to pay costs to repair or
ble. replace: any facility, equipment, or
(19) National Guard. (I) Eligible: supplies used primarily:
Actual projects paid by the State not (1) For religious worship,
otherwise federally funded for work (2) For religious instruction. or
undertaken by the National Guard on
a project basis, included salaries of Na- (3) In connection with any part of
tional Guardsmen directly engaged in the program of a school or department
project work or supervision. of divinity.
(it) Not eligible: Use of National (24) Negligence. No Federal reim-
Guard for Public safety, or other secu- bursement shall be made to any appli-
rity measures. cant for damages caused by its own
(20) Cooperative agreements. 0) Eli- negligence. by the negligence of any
gible: Costs for work performed under interested public or private organiza-
cooperative arrangements between tion or entity that is a direct grant re-
State or local governments. but limit- cipient. or by any contractor.
ed to those direct costs of the perform- (25) Interest and other financial
Ing entity, which would be eligible if costs. Interest on borrowings (however
the applicant had performed the work * represented), bond discounts, cost of
(it) Not eligible: Costs for work per- financing and refinancing operations,
formed under arrangement between a and legal and professional fees paid in
State or political subdivision of a State connection therewith are not eligible.
and a Federal agency, except when ap- (26) Governor's expenses. The sala-
proved in advance by the Regional Di- ries and expenses of the Office of the
rector. Governor of a State or the chief ex-
(21) Work performed by service, fra- ecutive of a political subdivision are
ternal, and other similar organizations considered a cost of general State of
.%vhIch do not normally contract their local government and are not eligible.
service for disaster relief. (I) Eligible: (27) Legislative expenses. Salaries
Only out-of-pocket costs for equip- and other expenses of the State legis-
ment, materials. and supplies used or lature or similar local governmental
consumed in the performance of eligi- bodies such are county supervisors,
ble work. city councils, school boards, etc.,
(it) Not eligible: Wages or salaries of whether incurred for purposes of legis-
member personnel engaged in disaster lation or executive direction, are not
relief activities. eligible.
(22) Prison labor. (I) Eligible: Out-of- (2R) Legal fees required In the ad-
pocket costs to an eligible applicant of ministration of the grant are eligible.
prison labor performing eligible disas- Legal services furnished by the Chief
ter work, limited to the amount paid legal office of a State or local govern-
the prisoners in accordance with rates ment of this staff solely for the pur-
established prior to the disaster, and pose of discharging his general respon-
the cost of transportation. sibilities ws a legal officer are not eligi-
(it) Not eligible: Costs of food, lodg. ble. Legal expenses for the prosecution
Ing, and guards. Also, any costs for of claims against the Federal Govern-
prison labor utilized by a contractor. ment are not eligible.
(23) Private nonprofit organizations. (29) Other. Any costs not allowable
(1) Only catergorical grants may be ap- under OMB Circular 74-4 are Ineligi-
proved by the Regional Director for ble for FEMA reimbursement.

.336

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Chapter I-Federal Emergency Management Agency � 20S.76

(30) Interest on Advances. Interest three years. based on auditable re-
earned on advances of Federal funds cords are eligible.
shall be remitted to FEMA except for (III) For permanently installed fixed
interest earned on advances to States equipment, such as pumping stations,
or instrumentalities of a State'as pro- only disaster-related actual costs in
vided by the Intergovernmental Coop- excess of the average costs for this
eration Act of 1968 (Pub. L. 90-577) same period of time for the previous
and advances made to tribal organiza- three years. based on auditable rec-
tions pursuant to section 102, 103. or ords are eligible.
104 of the Indian Self Determination W Contract work. (1) Eligible: Rea-
Act (Pub. L. 93-638). sonable costs for work performed by
(b) Work by applicant's own forces. private contractors on eligible projects
(1) In addition to the provisions of 44 contracted for in accordance with
CFR 205.76(a), this. section provides State or local statutes.
criteria for eligibility of costs specifi-' (2) Not eligible: Costs Incurred under
cally applicable to work by the appli- the following types of contracts unless
cant's own forces, hereinafter referred the Regional Director determines, on
to as force account. a case-by-case basis, that reimburse-
(2) Personnel. (J) Gross salaries or ment of reasonable actual costs of eli-
wages (including overtime) of extra gible work is in the best instere9ts of
employees of the applicant or grantee the government:
are eligible when the employees are W Cost-plus-percentage-of-cost con-
engaged in the performance of eligible tracts.
work. but not to exceed the going 60 Contracts containing a provision
wages paid locally for such work. which makes payment for eligible
Oi) Gross salaries or wages (includ- work contingent upon reimbursement
ing overtime) of regular employees of under the Act.
the applicant or grantee are eligible (iii) Contracts with any contractor
for reimbursement. but not to exceed included on any FEMA listing of de-
the going wages paid locally for such barred contractors.
work except the following types of in- (d) Entergency work. (1) Geneml. In
eligible costs: addition to provisions of 44 CFR
(A) Regular salaries or wages of reg- 205.76, (a), (b) and (c), these specific
ularly employed policemen and fire- criteria apply to emergency work
men and of other regular employees under the Act.
whose duties do not change because of (2) Engineering and design. For
the disaster. Examples are levee pa- emergency work such services are usu-
trollers. pumping plant operators. and ally not necessary and Federal reim-
building inspectors. bursement may not be justified. The
(B) Regular salaries of supervisory provisions of 44 CFR 205.76(e)(2) are
personnel other than working foremen also applicable to any engineering or
engage prim arily- and-continuously in design services related to emergency
field supervision of eligible work. work.
(C) All payroll costs above each em- (3) Debris removal. No Federal reim-
ployee's gross pay. bursemeriL will be made to an appli-
(3) Equipment. MThe FEMA Sched- cant for its reimbursement of an indi-
ule of Equipment Rates. or an alterna- vidual or private organization for the
tive Schedule of Equipment Rates ap- cost of removing debris from his/her
proved by the Associate Director. is own property except those public enti-
applicable to all reimbursements for ties and private nonprofit organiza-
equipment that is publicly-owned or tions eligible tinder section 402(b) of
owned by other grantees. the Act.
(ii) For vehicles or equipment uti- (4) Snow removal. (I) FEMA reim-
lized by police, firemen, and other em- bursement will be made to eligible ap-
ployees whose duties do not change plicants (see Part 44 CFR 205.72(f)(1))
because of the major dis.-LsLer or emer- in an amount riot to exceed one half of
gency. only disa-ster-related ac(urtl Ow eligible costs incurred for eligible
costs in excess of average costs for the work performed in designated areas
same period of time for the previous duriiig Llie established incidence

337

134

� 205.76 Title 44-Emergency Management and Assistance

period, except in those unusual cases acem, for emergency work or that
when the applicant and the State are which existed prior to this major dis-
financially unable to cost share as de- aster or emergency.
termined by the FEMA Associate Di- (7) Vector control. Only disaster-re-
rector. lated actual cost,, in excess of the aver-
(ii) Any applicant which requested age cost for the same period of time
direct Federal assistance for emergen- during the previous three years are eli-
cy snow removal shall reimburse gible when vector control is approved
FEMA for one half of the eligible in the public interest.
costs incurred for eligible work per- (e) Permanent work. (1) General. In
formed in designated areas during the addition to provisions of 44 CFR
established incidence periods including 205.76 (a), (b), and (c), these specific
any overhead or administrative ex- criteria apply to permanent work
penses paid by FEMA to the Federal under section 402 of the Act.
agency performing the mission assign- (2) Engineering and design. Reim-
ment, except in those unusual cases as bursement for eligible engineering,
indicated in I 205.76(d)(4)(i) of this planning, design. supervision, or in-
part. spection services is based upon actual
(III) The following types of costs may direct costs but shall not exceed the
be eligible when approved by the Re- amount approved on the project appli-
gional Director: cation, or on a supplemental project
(A) Costs of equipment operations to application. The Regional Director
perform eligible emergency snow re- may approve special services, such as
moval. Only those types of equipment engineering, surveys, soil investiga-
are eligible that are listed in the appli- tions, resident engineers, and addition-
cable Schedule of Rates approved by al construction inspection when justi-
FEMA. fied.
(B) Costs to remove stalled or aban- (3) Feasibility studies. Feasibility
doned vehicles and other obstructions studies may be reimbursable under the
when necessary to accomplish eligible Act when approved in advance by the
emergency snow removal by equip- Regional Director. Costs for feasibility
ment operations. studies primarily concerning alternate
(C) Costs of mobilization and de- facilities. betterments, or post-disaster
mobilization of equipment, actually programs or any Project approved for
used to perform eligible work, Involv- flexible funding are not eligible for re-
ing transportation less than 300 miles. Imbursement under the provisions of
.one way. the Act.
(iv) The following types of costs of (4) Environmental review. Costs in-
emergency snow removal are not eligi- curred by an applicant to perform an
ble: environmental review and assessment
(A) Costs of hand labor are not eligible without prior approval
(B) Costs of salt. san@' and other by the Regional Director. Refer also
such antislip measures. These are to 44 CFR Part 10.
normal maintenance costs which do (5) Disaster proofing. The eligible
not necessarily Increase with the costs of disaster proofing are limited
depth of the snowfall. to minor measures to make the affect-
(C) Cost of transportation In excess ed features of a facility or structure
of 300 miles for one way for mobiliza- disaster-resistant. Eligible cost's of dis-
tion or demobilization of equipment. aster proofing shall not exceed a small
(5) Emergency pumping. Reimburse- percentage of otherwise eligible costs
ment for emergency pumping shall of restorative work being disaster
terminate promptly after the river or proofed, unless approved by the Asso-
stream has crested, except for removal ciate Director under unusual circum-
of trapped water posing an Immediate stances on a case-by-case basis.
threat to public health and safety. (6) Relocations. When the Regional
(6) Access to water control facilities. Director has approved replacement of
Emergency repalrs to roadways along a facility at a new location under sec-
the top of a water control facility shall tion 402 of the Act. the costs of acquir-
not exceed that required to provide Ing the site plus providing to the site

338

135

Chapter I-Federal Emergency Management Agency � 205.76

road access. utilities, and conununica- al of damaged timber subject to verifi-
tion lines are the owner's responsibili- cation by inspection and audit.
ty and are not eligible. The costs of re- (B) Costs of repair or construction of
placing the fELcility at the new ap- temporary roads approved by the Re-
proved location, otherwise eligible gional Director as necessary for access
under the Act, are reimbursable. to damaged timber for removal.
(7) Warranties. Additional costs to 0i) Ineligible costs: (A) Estimated
provide warranty or guarantee of any salvage value of timber destroyed by
repaired or replacement items or facil- burning or otherwise by the claimant
ities are not eligible for Federal reim- In lieu of practicable salvage oper-
bursement. However, after applying ations.
for relief from the contractor, manu- (B) Costs of timber removal for
facturer. or supplier, the applicant or which the Regional Director deter-
grantee may appeal to the Regional mines salvage or insurance recoveries
Director for any grant assistance that by the claimant are applicable.
he can justify as disaster related. (C) Debris removal other than pro-
(8) Projects under construction. (1) vided in approved work practices for
Only categorical grants may be ap- primary purpose of timber removal.
proved for those facilities under con-
struction when damaged or destroyed (iii) Maximum Payment: Maximum
by a major disaster. Federal reim- payment for completed approved work
bursement shall not exceed the net eli- practices will be based on the, follow-
gible costs to the applicant, to a pri- ing:
vate nonprofit organization or entity. (A) Construction of approved tempo-
or to the contractors in restoring a fa- rary access roads for salvage of dam-
cility to substantially the same condi- aged timber. 100% of eligible costs not
tion as existed prior to the major dis- to exceed $60.00 per thousand linear
aster. feet.
(ii) In addition to other provisions of (B) Drum chopping: 100% of eligible
44 CFR 205.76. the following are not cost not to exceed $100.00 per acre.
eligible: (C) Prescribed burning: 100% of eli-
(A) Repair or replacement of the gible cost not to exceed $5.00 per acre.
site. (D) Raking, windrowing and burn-
(B) Repair or replacement of mobile ing: 100% of eligible cost not to exceed
construction equipment. $140.00 per acre.
(C) Project operation and mainte- Any payment will be minus any resid-
nance. ual salvage value, insurance recoveries
(D) Idle construction equipment or other cost-share payments related
ownership expense or loss of revenue to timber removal.
because of damages to construction
equipment or for other reasons. (Sec. 601. Disaster Relief Act of 1974. as
(E) Contractors' administrative or amended, Pub. L. 93-288, 88 Stat. 163 (42
overhead costs not directly related to U.S.C. 5201); Executive Order 12148 (44 FR
43239); and Delegation of Authority (44 FR
eligible work including computer costs. 44792))
(F) Costs covered by insurance set-
tlements or salvage, including reim- t45 FR 53957, Aug. 13. 1980. as amended at
bursement which might be received 45 FR 64585, Sept. 30. 1980; 46 FR 32588.
from any other private. State or local June 24, 19811
government, or Federal agency.
(0) Contractor's profit in those in- Subpart F-Community Disaster
stances where the contractor is the Loans
beneficiary of the Federal assistance.
(H) Losses resulting from delays in AUTHORITY: Secs. 601, Disaster Relief Act
completion of the work such as con- If 1974. -, amended. Pub. L. 93-288, 88 Stat.
tract penalties or loss of revenue. 143 (42 U.S.C. 5201); Executi,@e Order 12148
G) Costs of disaster proofing. . (44 PIZ 43239); and Delegation of Authority
(9) Timber removal. M Eligible costs: (44 VU 44792). unless otherwise noted.
(A) Reimbursement, for eligible ex- SuuRcr: 44 PH 71790. Dec. 11. ID79, unless
penses actually incurred in Lliv remov- offierwist, noted.

339

136

� 205.90 Title 44-Emergency Management and Assistance

6 205.90 Purposse. Ital improvement% nor the repair or
This subpart provides policies and restoration of damaged public facili-
procedures for local governments and ties. Neither the loan nor any can-
State and Federal officials concerning celled portion of the loans may be
the Community Disaster Loan pro- used as the non-Federal share of any
gram under section 414 of the Act. Federal program. including those
under the Act.
9205.91 Loan program. (g) Cancellation. The Associate Di-
(a) General. The Assmiate Director, rector shall cancel repayment of all or
may make a Community Disaster Loan part of a Community Disaster L;oan to
to any local government which may the extent*that revenues of the local
suffer a substantial loss of tax and government during the three fiscal
other revenues as a result of a major years following the disaster are insuf.
disaster or emergency and which dem- ficient to meet the operating budget of
onstrates a need for financial assist- that local government because of dis-
ance in order to perform its govern- aster-related revenue losses and addi-
mental functions. tional disaster-related municipal oper-
(b) Amount of loan. The amount of ating expenses.
the loan is based on need, not to (h) Any community disaster loans
exceed 25 percent of the operating Including cancellations made under
budget of the local government for the this subpart shall not reduce or other-
fiscal year in which the disaster wise affect any commitments. grants,
occurs. The term "fiscal year" as used or other assistance under the Act or
In this subpart means the local govern- these regulations.
ment's fiscal year.
W Interest rate. The Interest rate is 6 205.92 Responsibilities.
the rate determined by the Secretary
of the Treasury in effect on the date (a) The local government shall
that the loan (i.e., Promissory Note) is submit the financial information re-
executed. This Treasury rate takes quired by FEMA and, if a loan is
into consideration the current average made. comply with the assurances on
market yield on outstanding marketa- the application and the terms of the
ble obligations of the United States Promissory Note.
with remaining periods to maturity ad- (b) The Governor's Authorized Rep-
justed to the nearest 9 percent. resentative shall certify on the loan
(d) Time limitation. The Associate application that the local government
Director may approve a loan In either can legally assume the proposed in-
the fiscal year In which the disaster debtedness and that any proceeds will
occurred or the fiscal year immediate- be used and accounted for In compli-
19 following that year, when requested ance with the Federal-State Agree-
by the local government. Only one nient.
loan may be approved for any local W The Regional Director shall
government as the result of a single review each loan application or loan
disaster. cancellation request received from a
(e) Term of loan. The term of the local government and monitor the
loan 4s three years, unless otherwise local government*s use of the loan.
approved by the Associate Director. He/She shall inform the Associate Di-
The Associate Director may consider rector and submit recommendations
requests for an extension of the term when appropriate.
b,,L,;cd on the local government's finan- (d) A loan officer. designated by the
cial condition. The total term of any Associate Director, shall execute a
loan may not exceed 10 years. Promissory Note with the local gov-
(f) Use of loan funds. The local gov- ernment. establish and maintain a
ernment shall use the loaned funds to loan accoun 't, and administer the loan
carry on existing local government until repayment or cancellation is
functions of a municipal operation completed and the Promissory Note is
character or to expand such functions discharged.
to meet disaster-related needs. The W The Associate Director. or a
funds shall not be used to finance cap- person designated by the Associate Di-

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Chapter I-Federal Emergency Management Agency � 205.94

rector. shall approve or disapprove (I) A large enough reduction in cash
each loan request, taking into consid- receipts from normal revenue sources,
eration the Information provided in excluding borrowing, which affects
the local government's request and the significantly and adversely the level
recommendations of the Governor's and/or categories of essential munici-
Authorized Representative and the pal services provided prior to the dis-
Regional Director, The Associate Di- aster.
rector. or the Associate -Director's des- (ii) A revenue loss of over 5 percent
Ignee, shall approve or disapprove a of total revenue estimated for the
request for loan cancellation In accord- fiscal year in which the disaster oc-
ance with the criteria for cancellation curred or for the succeeding fiscal
in these regulations. year.
� 205.93 Eligibility criteria. (3) Demonstrated need for financial
assistance. The local goverriment must
(a) local government. The local gov' demonstrate a need for financial as-
ernment must be located within the sistance in order to perform Its govem-
area designated by the Associate Di- mental functions. Guidelines include
rector as being eligible for assistance the following:
under a major disaster or emergency (I) Sufficiency of funds to meet cur-
declaration. In addition, State law
must not prohibit the local govern- rent fiscal year operating require-
ment from incurring the Indebtedness ments;
resulting from a Federal loan. Factors 00 Availability of cash orr other
considered by FEMA In determining liquid assets which can be'applied
the eligibility of a local government from the prior fiscal year:
for a Community Disaster Loan in- (iii) Current financial condition con-
clude the loss of tax and other rev- sidering projected expenditures for
enues as a result of a disaster, a dem- governmental services and availability
onstrated need for financial assistance of other financial resources;
in order to perform its governmental Uv) Fixed debt requirements;
functions as a political entity, the (v) Debt ratio (relationship of
maintenance of an annual operating annual receipts to debt service);
budget. and its responsibilities for pro- (vi) Ability to obtain financial assist-
viding essential municipal operating ance or needed revenue from State
services to the community. Eligibility and other Federal agencies for direct
for other assistance under the Act program expenditures;
does not, of Itself, establish entitle- (vil) Displacement of revenue-pro-
ment to such a loan. ducing business due to property de-
(b) Loan eligibility-0) General. To struction;
be eligible. the local government must (viii) Necessity to reduce or elimi-
show that It may suffer or has suf- nate essential municipal services; and
fered a substantial loss of tax and Ox) Danger of municipal insolvency.
other revenues as a result of a disaster
and must demonstrate a need for fl- � 205.94 Loan application.
nancial assistance in order to perform
its governmental functions. Loan eligi- (a) Application. (1) The local govern-
bility Is based on the financial condi- ment shall submit an application for a
tion of the local government and a Community Disaster Loan through
review of financial information and the Governor's Authorized Repre-
supporting justification accompanying sentative. The loan must be justified
the application. on the basis of need and shall be based
(2) Substantial loss of tax and other on the actual and projected expenses,
revenues. The fiscal year of the disas- as a result of the disaster, for the
ter or the succeeding fiscal year is the fiscal year In which the disaster oc-
ba-se period for determining whether a curred and for the three succeeding
local government may stiffer or has fiscal years. This loan request shall be
suffered a substantial loss of revenue. prepared by the affected local govern-
Guidelines include the following disas- merit and certified as legal by the Gov-
ter-related factors: ernor's Authorized Representative.

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� 205.95 Title 44-Emergency Management and Ass is-tance

(2) Waiver of state review. The Re- disaster loan to the extent it is deter-
gional Director may waive the require- mined that the local government may
ment for a State review if an'other- suffer a substantial, loss of tax and
wise eligible applicant is not subject to other revenues and demonstrate 'a
State administrative authority and the need for financial assistance needed to
State cannot legally participate In the perform its governmental function as
loan application process. the result of the disaster.
(b) Financial requirements. (1) The (2) The loan shall not exceed the
loan application shall be developed lesser of: (I) The amount of projected
from financial information contained loss plus the projected d isaste r- related
In the annual operating budget expenses of a municipal operating
(1205.94(b)(2) of this part) and sh.-' character or (H) 25 percent of the
include a Summary of Revenue Loss annual operating budget for the fiscal
and Disaster-Related Expenses, R year In which the disaster occurred.
Statement of the Applicant's Operat- (3) Promissory note. Upon approval
Ing Results-Cash Position, a Debt HIS- of the loan by the Associate Director,
tory, Tax Assessment Data. Financial FEMA, the Loan Officer will execute a
Projections. Other Information. a Cer- Promissory Note with the applicant.
tification. and the Assurances listed on The applicant should indicate Its fund-
the application. Copies of the local Ing requirements on the Schedule of
government's financial reports (Reve- Loan Increments.
nue and Expense and Balance Sheet)
for the three fiscal years prior to the 6205.95 Loan administration.
fiscal year of the disaster must accom-
pany the application. (a) Funding. (1) FEMA will disburse
(2) Operating Budget. For purposes funds to the local government when
of the loan. the operating budget is requested, generally in accordance
that document or documents approved with the Schedule of Loan Incre-
by an appropriating body, which con_ ments. As funds are disbursed, interest
tains an estimate of proposed expendi- will accrue.
tures, other than capital outlays for (2) When each incremental payment
fixed assets for a stated period of time, Is requested. the local government
and the proposed means of financing shall submit a copy of its most recent
the expenditures, financial report (if not submitted pre
(3) Operating budget increases. viously) for consideration by FEMA in
Budget increases due to increases In consultation with the borrower of
the level of, or additions to, municipal whether or not the level and frequen-
services not rendered at the time of cy of periodic payments continue to be
thi disaster or not directly related to justified. The local government shall
the disaster shall be identified. also provide the latest available data
(4) Revenue and assessment infor- on anticipated and actual tax and
mation. The applicant shall provide In- other revenue collections for the most
formation concerning its method of recent period. Desired adjustments in
tax assessment, to include assessment the disbursement schedule shall be
dates and the dates payments are due. submitted in writing at least 30 days
Tax revenues assessed but not collect- prior to the proposed disbursement
ed or other revenues which the local date in order to ensure timely receipts
government chooses to forgive, stay, of the funds.
or otherwise not exercise the right to (b) Financial management. Each
collect are not a legitimate revenue local government with an approved
loss for purposes of evaluating the Community Disaster Loan shall estab-
loan application. lish necessary accounting records. con-
(5) Estimated disaster-related ex- sistent with the local government's fi-
penses. Disaster-related expenses of a nancial management system, to ac-
municipal operation character should count for loan funds received and dis-
be estimated. These are discussed in bursed and to provide an audit trail.
I 205.96(b). (c) Loan Servicing. Whether or not
(c) Federal review. (1) The Associate all loan funds have been drawn, FEMA
Director shall approve a community will reevaluate the total loan justifica-

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Chapter I-Federal Emergency Management Agency � 205-96

tion periodically. The purpose of the prise. and general funds. as defined by
reevaluation Is to determine whether the Municipal Finance Officers Associ-
projected revenue losses, disaster-re- ation.
lated expenses, operating budgets. and (2) Disaster-related expenses do not
other factors have changed signifi- include expenditures associated with
cantly to warrant adjustment of the debt service, any major repairs. re-
scheduled payments of the loan pro- building. replacement or reconstruc-
ceeds. tion of public facilities or other capital
W Inactive loans. If no funds have projects, intragovernmental services,
been disbursed from the Treasury. and special assessments, and trust and
if the local government does not an- agency fund operations. Disaster ex-
ticipate a need for such funds, the penses which are eligible for reim-
note may be cancelled at any time bursement under project applications
upon a written request to FEMA. How- or other Federal programs are not eli-
ever, since only one loan may be ap- gible for loan cancellation.
proved, cancellation precludes submis- (c) Cancellation application. A local
sion of a second loan application re- government which has drawn loan
quest by the same local government funds from the Treasury may request
for the major disaster. cancellation of the principal and relat-
ed Interest by submitting an Applica-
� 205.96 Loan cancellation. tion for Loan Cancellation prior to the
(a) Policies. (1) FEMA shall cancel expiration date of the loan through
repayment of all or any part of a Com- the Governor's Authorized Repre-
munity Disaster Loan to the extent sentative to the Regional Director.
that the Associate Director determines (1) Financial Information submitted
that revenues of the local government with the application shall include the
during the full 3 fiscal year period fol- following:
lowing the disaster are insufficient. as (I) Annual Operating Budgets for
a result of the disaster. to meet the op- each fiscal year,
erating budget of the local govern- (Ii) Financial Records (Revenue and
ment, including additional disaster-re- Expense and Balance Sheet) for each
lated expenses of a municipal operat. fiscal year',
ing character. (III) Audit reports for each fiscal
(2) If the local government reduces year certifying to the validity of the
the tax and other revenue rates or the Operating Statements. The financial
tax assessment valuation of property statements of the local government
which was not damaged or destroyed shall be examined in accordance with
by the disaster, the tax and other rev- generally accepted auditing standards
enue rates and tax assessment valua- by independent certified public ac-
tion factors applicable to such proper- countants or independent licensed
ty in effect at the time of the major public accountants licensed on or
disaster or emergency shall be used before December 31, 1970, who are cer-
without reduction for purposes of tified by a regulatory authority of a
computing revenues received. This State or other political subdivision of
may result in decreasing the amount the United States. As required by the
of any potential loan cancellations as American Institute of Certified Public
a result of a general reduction in prop- Accountants standards, or the equiva-
erty tax. lent thereof. the auditor must be inde-
(b) Disaster- related expenses of a pendent within the meaning of the
municipal operation character. (1) For code of professional ethics of the
purposes of this loan, expenses of a AICPA; and
municipal operation character are (iv) Other financial information
those incurred for general government specified in the Application for Loan
purposes, such as police and fire pro- Cancellation.
tection. trash collection, collection of (2) Narrative justification. The ap-
revenues, maintenance of public facili- plicant may include an appropriate
ties, flood and other hazard insurance. narrative presentation to amplify the
and those other expenses normally financial material accompanying the
budgeted for in special revenue, enter- application and to present any extenu-

343

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� 205.97 Title 44-Emergency Management and Assistance

ating circumstances which the local (3) The Associate Director may defer
government wants to be considered. payments of principal and interest
(3) Audit report. The audit report until he makes his final determination
accompanying the application shall with respect to any application for
certify to the fiscal Integrity of finan- loan cancellation which the borrower
cial transactions and reports and to may submit.
compliance with applicable laws, reg-u- (4) Any costs Incurred by the Feder-
lations, and administrative require- al Government in collecting the note
ments. The report should not Include shall be added to the tinpaid balance
recommendations concerning cancella- of the loan. bear Interest at the same
tion or repayment. rate as the loan, and be immediately
(d) Determination. (1) If, based on a due without demand. Default on the
-review of the Application for Loan note shall also constitute default
Cancellation and a State and/or Fed- under any other debit of the Borrower
eral audit, the Associate Director de- owing to, or insured by, the Federal
termines that all or part of the Com- Goverrunent. Upon any such default.
munity Disaster Loan funds should be the Federal Government may declare
cancelled, the principal amount which all or part of the note immediately
is cancelled will become a grant and due.
the related interest will be forgiven.
(2) A loan or cancellation of a loan (42 U.S.C. 5184)
does not reduce or affect other disas-
ter-related grants or other disaster as- Subpart G-Fire Suppression
sistance. However, no cancellation Assistance
may be made that would result in a
duplication of benefits to the appli- AUTHORIM Sec. 601 and 417. Disaster
cant. Relief Act of 1974, as amended, Pub. L 93-
(3) The uncancelled portion of the 288. 88 Stat. 143 (42 U.S.C. 5201 and 5187);
loan must be repaid in accordance Executive Order 12148 (44 FR 43239); and
with 1205.97 of this part. Delegation of Authority (44 FR 44792).
SOURCE: 44 FR 11793, Dec. 11, 1979. unless
6205.97 Loan repsymenL otherwise noted.
(a) Prepayments. The local govern- 6 205.100 General.
ment may make Prepayments against
the loan at any time. When the Associate Director deter-
-: (b) Repayment. To the extent not mines that a fire or fires threaten
otherwise cancelled, Community 'Dis- such destruction as would constitute a
aster Loan funds become due and pay- major disaster, he/she may authorize
able in accordance with the terms and assistance, including grants, equip-
conditions of the promissory note. The ment, supplies, and personnel to any
note shall include the following provi- State for the suppression of any fire
sions: on publicly or privately owned forest
(1) The term of a loan made under or grassland.
this program is three years, unless ex-
tended by the Associate Director. In- �205.101 Fed era]-State ag-ree ments.
terest will accrue on outstanding cash Federal assistance under section 417
from the actual date of its disburse- of the Act is provided In accoidance
ment by the Treasury. with a continuing Federal-State Agree-
(2) Each payment made against the ment for Fire Suppression (the Agree-
loan will be applied first to the inter- ment) signed by the Governor and the
est computed to the date of the pay- Regional Director. The Agreement
ment, and then to the principal. Pre- contains the necessary terms and con-
payments of scheduled Installments, ditions consistent with the provisions
or any portion thereof, may be made of applicable laws, Executive orders,
at any time and shall be applied to the and regulations, as the Associate Di-
installments last to become due under rector may require and specifies the
the loan and shall not affect the obli- type and extent of Federal assistance.
gation of the borrower to pay the rc- The Governor may designate author-
maining installments. tied representatives to execute re-

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141

Chapter I-Federal Emergency Management Agency � 205.104

quests and certifications and otherwise personnel, such as cooks. guards, time-
act for the State during fire emergen- keepers, and supply personnel.
cies. Supplemental agreements shall (ii) Travel and per them costs for em-
be executed at least annually in ad- ployees directly engaged In fire sup-
vance of the fire season to update the pression activities.
continuing Agreement. (III) Expenses to provide field camps
and meals when made available to the
1205.102 Request for assistance. eligible employees in lieu of per them
When a Governor determines that costs.
fire suppression assistance is warrant- Uv) Cost for use of publicly-owned
ed. his/her request for assistance *shall equipment used on eligible fire sup-
specify In detail the facts supporting pression work is based on the FEMA
the request. In order that all actions Schedule of Equipment Rates.
In processing a State request are ex- (v) Cost for use of privately-owned
ecuted as rapidly as possible, the State equipment Is based on the rental rate:
may submit a request to the Regional Provided, Such costs are comparable
Director by telephone. promptly fol- to the going rate for the same or simi-
lowed by a confirming telegram or lar equipment in the locality, as deter-
letter. mined by the Regional Director.
(vi) Cost to the State for use of U.S.
9205.103 Providing assistance. Government-owned equipment is
Following the Associate Director's based on reasonable costs as -billed by
decision on the State request, the Re- the Federal agency and paid by the
gional Director will notify the Gover. State.
nor and the Federal fire-fighting (vii) Cost of firefighting tools, mate-
agency Involved. The Regional Direc- rials. and supplies expended or lost, to
tor may request assistance from Feder- the extent not covered by reasonable
al agencies if requested by the State. insurance.
For each fire or fire situation, the (viii) Repair and reconditioning costs
State shall prepare a separate Fire of tools and equipment used In eligible
Project Application and submit it to fire suppression activities (other than
the Regional Director for approval. equipment covered by the FEMA
Schedule of Equipment Rates).
� 205.104 Reimbursement. 0x) Replacement value of 'equip-
(a) Payment Is made to the State for, ment lost in fire suppression, to the
its actual eligible costs, subject to ver. extent not covered by reasonable in-
ification. as necessary, by Federal in. surance.
spection and audit. When requested by (x) Costs for personal comfort and
the State, such payments may be safety items normally provided by the
made directly to other Federal agen- State under field conditions for fire-
cies for eligible assistance provided by fighter health and safety.
them. (xi) Mobilization and demobilization
(b) Eligible State costs are reim- costs directly relating to the Federal
bursed in accordance with the terms fire suppression assistance approved
and provisions of the Agreement. Only by the Associate Director.
certain costs incurred in fire suppres- (xii) Eligible costs of local govern-
slon operations are eligible for reim- mental fire-fighting organizations re-
bursement. The following paragraphs imbursed by the State. pursuant to an
describe those specific items which are existing cooperative agreement, in
clearly eligible or clearly ineligible. suppressing an approved incident fire.
(1) Eligible costs of the State consist (xiii) State costs for suppressing
of the following costs reasonably and fires on Federal land in cases where
directly related to f Ire suppression: the State has a responsibility under a
(1) All compensation for employees, cooperative agreement to perform
except as noted under. paragraph st4ch action on a nonreimbursable
(b)(2)(i) of this section, directly en- basis.
gaged In authorized fire suppression (2) Costs which are ineligible for re-
activities. Included are field support imbursement are:

345

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� 205.110 Title 44-Emorgency Management and Assistance
(1) Any clerical or overhead costs (b)' "Applicant" means the State,
other than field administration and local government. or eligible private
supervision. nonprofit facility submitting a project
(ii) Any costs for presuppression, sal- application or request for direct Feder-
vaging timber, restoring facilities, al assistance under the Act or on
seeding and planting operations. whose behalf the Governor's Author-
(iii) Any costs not incurred during ized Representative takes such action.
the incidence period as determined by (c) [Reserved]
the Regional Director other than rea- (d) "Bid guarantee" means a firm
sonable and directly related mobiliza- commitment.- such as a bid bond. certi-
tion and demobilization costs. fied check, or other negotiable instru.
(10 State costs for suppressing a fire ment accompanying a bid as assurance
on Federal land where such costs are that the bidder will, upon acceptance
reimbursable to the:State by another of the bid, execute such contractual
Federal agency under another statute. documents as may be required within
(3) In those instances in which as- the time specified.
sistance under section 417 of the Act is (e) "Bill for collection" means a re-
provided pursuant to existing Inter- quest issued to an applicant by FEMA
state Forest Fire Protection Compacts, to collect excess funds that were over-
third party eligible costs are reim- advanced or paid in error to the appli-
bursed in accordance with paragraph cant.
(b) of this section. (f) "Damage Survey Report (DSR)"
means a report of damages or require-
Subpart H-Project Administration ments caused by a major disaster or
emergency including location. descrip-
AuTmoRiTy: Sec. 601, Disaster Relief Act tion and estima 'te of required work.
of 1074. Pub. L. 93-288, 88 Stat, 163 (42 (g) "Emergency work" means that
U.S.C. 5201) Executive Order 12148 (44 FR work which must be done immediately
43239); and Delegation of Authority. to save lives and to protect property
SovRcE: 45 PR 45863, July 7. 1980, unless and public health and safety. or to
otherwise noted. avert or lessen the threat of a major
disaster.
6205.110 General. (h) "FEMA" means the Federal
This subpart provides guidance for Emergency Management Agency.
administration of Federal assistance (I) "Force account" means an appli-
for State and local governments, and cant's own labor forces consisting of
qualifying private nonprofit institu. Its regular and extra employees.
tions under Pub. L. 93-288. as amend- (J) "Line item" means a DSR under
ed. The basic policies and procedures one category of work attached to a
are provided for (a) Federal grants to project application.
eligible applicants, including the (k) "Notice of Interest" means an
notice of interest, damage survey Identification of each potential appli-
report, project application, advance of cant and the categories of disaster re-
funds, inspection. audit. and final pay- quirements each has identified which
iment; and (b) direct'Federal assistance may be eligible for Federal disaster as-
by a Federal agen-Ly ?_% the result of a sistance.
mission assignment. The requirements (1) "Offset" means a collection pro-
of OMB Circular A-102. Revised. are cedure whereby FEMA withholds
applicable and have been incorporated funds due an applicant or the State in
either directly or by appropriate cross an amount to satisfy an uncollectible
reference. debt owed by the applicant on a Bill
for collection.
�205.111 Dennitions. (m) "Payinent, bond" means a bond
(a) "Advance of funds" means a sum executed in connection with a contract
of money provided to a State, local to assure payment as required by law
government. or other Federal agency of all persons supplying labor and ma-
prior to audit and or final settlement terial in the execution of the work
of its claim. provided for in the contract.

346

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Chapter I-Federal Emergency Management Agency � 205.112

(n) "Performance bond" means a (c) Property management standards.
bond executed in connection with a Uniform standards governing the utili-
contract to secure fulfillment of all zation and disposition of property fur-
the contractor's obligations under the nished by the Federal Government or
contract. acquired in whole or in part with Fed-
(o) "Permanent work" means the re- eral funds by State and local govern-
storative work that must be done, ments are applicable as stated in At-
through repairs or replacement, to re- tachment N, OMB Circular A-102. Re-
store an eligible facility on the basis of vised.
its predisaster design and in conform- (d) Procurement standards. State
ity with current applicable codes, and local governments are required to
specifications, and standards. apply uniform standards, as stated in
(p) "Public assistance" means the Attachment 0, OMB Circular A-102
Federal financial assistance provided Revised, in establishing procedures for
to State and local governments or to the procurement of supplies, equip-
eligible private nonprofit organiza- ment, construction, and other services
tions for disaster-related require- with Pub. L. 93-288 grant funds. Addi-
ments. tionally. the following standards are,
(q) "Standards" means codes, specifi- required:
cations, and standards which were in (1) State and local statutes: The
general use and locally enforced at the State, local government, or other orga-
time of the major disaster. plus those nization issuing a contract shall assure
additional standards authorized as de- that procurement of work and services
viations or prescribed by the Associate authorized under project applications
Director In accordance with these reg- complies with provisions of the Act,
ulations. and. unless waived by the Governor's
145 FR 45863. July 7. 1980. as amended at 46 proclamation of an emergency. with
FrR 45138. Sept. 10. 19811 State or local statutes, regulations,
and ordinances not in conflict with
� 205.112 Implementation of OMB Circu* Federal policies or procedures.
lar A-102 (Rev.). (2) Contingent payment: Contracts
(a) [Reserved] entered into by an applicant under the
(b) Bonding and insurance. A state Act or the regulations will not contain
or local unit of.government receiving a a provision which makes the payment
grant under the Act for construction for such work contingent upon reim-
or facility improvement which re- bursement under this Act.
quires contracting shall follow its own (3) The cost-plus-percentage-of-cost
requirements relating to bid guaran. and percentage-of construction-cost
tees, performance bonds, and payment method of contracting shall not be
bonds except for contracts exceeding used. Any CPPC contracts entered
$100.000. For contracts exceeding into by applicants in violation of this
$100,000, the Regional Director may prohibition will be reviewed carefully
accept the bonding policy and require- by the Regional Director or his desig-
ments of the grantee provided that nee and rejected or reimbursed on a
the Regional Director has made a de- reasonable cost basis at his discretion.
termination that the Government's in- depending on the policy considerations
terest is adequately protected. If such involved in the particular case.
determination has not been made, the (4) Competitive bidding: Contracting
minimum requirements shall be as fol- for construction work shall be based
lows: on competitive bids wherever possible.
(1) A bid guarantee from each bidder Any negotiations shall be in accord-
equivalent to 5 percent of the bid ance with Attachment 0. OMB Circu-
price. lar A-102. Revised.
(2) A performance bond on the part (5i Debarred contractors: The appli-
of the contractor for 100 percent of cant may not enter into any contract
the contract price. with parties whose names appear on
(3) A payment bond on the part of the FEMA Consolidated List of De-
the contractor for 100 percent of the barred. Suspended and Ineligible Con-
contract price. tractors. The Regional Director may

347

144

� 205.113 Title 44-Emorgency Management and Assistance
retroactively approve the use of de- are applicable to grants to eligible ap-
barred contractors already under con- plicants and other grantees. as imple-
tract on a case-by-case basis if he de- mented by appropriate FrEMA regula-
termines such approval to be in the tions and handbooks.
public interest.
(6) Use of local firms and individ- � 205.113 Federal grant assistance.
uals: In the expenditure of funds for (a) Gcncral. Federal grant assistance
eligible disaster assistance activity is provided on the basis of a project
which may be carried out by contract application submitted by or on behalf
with private organizations, firms, or of an applicant and approved by the
individuals, preference shall be given, Governor's Authorized Representative
to the extent feasible and practicable, and the Regional Director. When the
to those organizations, firms, and indi- Regional Director approves a project
viduals who reside or do business pri- application. Federal funds are obligat-
marily in the area affected by such ed and the approval is final unless ap-
rnalor disaster. Contracting proce- pealed in accordance with 44 CPR
dures should be designed to give local 205.120. When assistance is authorized
contractors the opportunity to partici- under the Act and a State is unable to
pate in maximum free and open com- assume the responsibilities prescribed
petition with other contractors. Local in these regulations, an Indian tribe or
preference should be mentioned in the authorized tribal organization acting
Invitations for bids and requests for as a local government may submit a
proposals and also included In the Pro- project application directly to the Re-
visions of the contract. Contracting of- glonal Director who may provide Fed-
ficers may assure the use of local firms
era] assistance to such applicant with-
and Individuals in various ways, such out State participation.
as:
(I) Advertising in the local disaster (b) Types of Federal grants-(I) Cat-
area. egorical grant. 0) The terms of this
01) Including local contractors In ne- type of grant require that the work
gotiations. shall be performed as approved in the
(III) Subdividing some large con- project application,
tracts down into smaller sized con- 01) It shall be used in all cases for:
tracts. (A) Facilities under construction,
Ov) Stressing that a contractor shall and
give first priority to utilizing resources (B) Private nonprofit facilities.
Ifi the disaster area when procuring (III) Reimbursement to the applicant
supplies and equipment, awarding sub- under categorical funding except
contracts, and employing workmen. grant-in-lieu is limited to the actual
(v) When it is necessary for competi- reasonable cost of performing work
tive negotiation, the applicant may approved by the Regional Director as
permit a local contractor to revise his eligible under the Act. It shall not
proposal to meet a lower offering re- exceed the net eligible cost of restor-
ceived from a non-local contractor if ing a facility. based on the predisaster
the original proposal from the local design of such facility and on the cur-
contractor does not exceed 130 percent rent applicable standards.
of the lower non-local proposal. Ov) Grant-in-lieu: If a grantee de-
(vi) When a low bid is received from sires to construct a larger or more
a non-local contract-or under competi- elaborate facility it may apply for a
tive bidding procedures. the applicant grant, known as a grant-in-lieu, equal
may offer a local contractor the op- to that approved for repair or replace-
portunity of accepting the work at the -ment of the damaged facility in ac-
low bid amount. provided that the cordance with these regulations. Such
original bid from the local contractor - replacement facility may be of a
does not exceed 130 percent of the low design. size or type, or composed of
bid, and a "local preference" clause materials significantly different from
was included in the bid advertisement. those of the eligible damaged facility.
(e) Audit requirenictiLs. &,; stated In A grant-in-licu is available only tinder
OMB Circular A-102, Attachment P. a categorical grant.

348

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Chapter I-Federal Emergency Management Agency � 205.113

(A) A separate request is submitted grant; the estimated cost of each; and
for each grant-in-lieu based on a sepa- a proposed schedule of initiation and
rate Damage Survey Report. completion. Including estimated quar-
(B) The Regional Director's condl- terly fund requirements. The listing
tions of approval are stated separately shall provide necessary assurances
for each grant-in-lieu. that reflect applicant's compliance
(2) Flexible funding grant (Sec. with special requirements, including,
402(f) of the Act)). (I) If the estimated but not limited to, floodplain manage-
cost of permanently repairing. restor- ment, environmental assessment,
Ing, reconstructing. or replacing all of hazard mitigation. protection of wet-
its damaged public facilities exceeds lands, and insurance. The listing shall
$25,000, an applicant may elect to re- also itemize those disaster-damaged
ceive a grant equal to 90 percent of public facilities that are not being re-
the Federal estimate'of such perma- stored.
nent work instead of a categorical (v) Promptly after the completion of
grant. This election allows flexibility all work for which FEMA reimburse-
in the use of the Federal grant. When ment is requested, the applicant shall
an applicant determines that restora- submit to the Regional Director
tion of certain disaster-damaged facili- through the State, an updated listing
ties would not be in the public inter- of completed work. This listing.shall
est, it may choose not to restore those contain a description of each complet-
facilities. but to build new public facil- ed project and a certification by the
ities for other purposes. The applicant Applicant's Authorized Representative
shall determine that any new facilities of the actual cost of each project in-
constructed are necessary to meet its volved.
needs for governmental services and (3) Small-projecf grant (Sec. 419 of
functions in the disaster-affected area. the Act). (I) In any case in which the
Construction of all federally assisted Federal estimate of an applicant's eli-
facilities, Including any new or modi- gible costs for restoration under Sec-
tied construction projects on the appli- tion 402 of the Act of damaged or de-
cant's listing of flexibly funded proj- stroyed facilities owned by the appli-
ects, shall be in conformity with cur- cant, and debris removal and emergen-
rent applicable Federal, State, and cy protective work under sections 403
local standards, including require- and 306 of the Act. respectively, total
ments imposed by floodplain manage- less than $25,000, the Regional Direc-
ment, environmental assessment, tor may approve the applicant's
hazard mitigation, protection of wet- project application for a small-project
lands, and insurance. grant. This approval is in lieu of ap-
00 The applicant shall declare the proval by the Regional Director of any
election of flexible funding, through other grant under section 306. 402, or
the Governor's Authorized Repre- 403 of the Act.
sentative, to the Regional Director 0i) The grant approved by the Re-
before the project application is ap- glonal Director is based on 100 percent
proved. of the estimated eligible costs. Funds
(iii) A request by the applicant for a approved for debris removal or emer-
change in the type of funding after gency protective work must be expend-
the project application has been ap- ed for that approved work. Funds ap-
proved shall be referred by the Re- proved for permanent restorative work
gional Director with his/her recom- may be expended (A) to perform all
mendations, to the Associate Director approved projects on the Damage
for decision. Survey Reports or (B) to perform cer-
(tv) Within 90 days after the date of tain of these approved projects. and
the Regional Director's approval of with the balance of the approved
the project application, and prior to grant to construct certain other public
the start of design or construction of facilities which the applicant deter-
any alternate project, the applicant inines to be necessary to meet the
shall furnish a listing of the public communIty's needs for public services
facilities to be repaired, restored. or and gov@rruncntal functions in the dis-
constructed with the flexible funding Rster-affected area. Proposed alternate

349

146

205.114 Title 44-Emergency Management and Assistance

projects must be approved by the Re- 1205.114 11roject applicationst.
gional Director prior to the start of (a) Genernl. This section describes
design or construction. the basic policies and procedures for
(iii) This type of grant may not be processing project applications. The
approved for private nonprofit facili- Governor's Authorized Representative
ties under section 402(b) of the Act. is responsible for providing technical
Ov) Upon approval of a project ap- advice and assistance when required
plication, the Regional Director fur- by an applicant in order- to obtain eli-
nishes the applicant, through the gible Federal grant assistance. All
State, with a listing of approved proj- project applications, advances of
ects. This listing includes a description funds, claims, appeals. payments, re-
and approved estimate of cost for each funds, and other related correspond-
project. ence between a local government or
(v) One hundred percent grant to other applicant and the Regional Di-
the applicant follows as soon as possi-
ble after,the Regional Director's ap_ rector. shall be forwarded through the
proval of the project application. office of the Governor's Authorized
(vi) Within 30 days following com- Representative for that official's
pletion of all work performed under a review. and appropriate action. This
small project grant, the applicant applies to all applicants for public as-
shall complete the above listing by sistance unless otherwise stated.
showing the cost of the completed (Refer also to 44 CFR 205.113(a))
projects, including any alternate proj- (b) Applicants' briefing. As soon as
ects substituted for those originally possible following the President's dec-
approved. This listing shall also in- laration of an emergency or a major
clude the applicant's certification that disaster. the Regional Director and
all work listed is completed and that the Governor's Authorized Repre-
all funds were expended in accordance sentative jointly schedule and conduct
with the purposes of section 419 of the meetings for all potential applicants
Act. and these regulations, including for public assistance. Requirements
compliance with special requirements and procedures for requesLing and ob-
including but not limited to floodplain taining available public assistance are
management. environmental assess- explained at these meetings. Appli-
ment, hazard mitigation. protection of cants are furnished informative mate-
wet]Rnds. and insurance. rial, including handbooks and a fact
(vii) The only permissible basis for sheet.
increasing Federal funding in a small (c) Notice of Interest Each applicant
project grant Is a substantive error or submits a Notice of Interest which
omission In defining the approved provides the basis for scheduling the
scope of work or In the approved esti- damage surveys.
mated reasonable costs of such work. (d) Damage Survey Report3. Damage
Federal funding may be reduced surveys are usually conducted by a
where the applicant fails to comply Federal-State inspection team. An au-
with applicable laws or FEMA regula- tborized local representative accompa-
tions and procedures, including non- nies the Federal/State inspection
compliance with assurances, Illegal team and is responsible for represent-
contracting methods. duplication of ing the applicant and assuring that all
benefits and nonconformity with ap- damage and needs for assistance are
plicable standards. If a supplement to inspected. The Inspectors record perti-
a project application Is warranted, and nent information on a Damage Survey
it would Increase the small project Report, including a description of the
grant to an amount exceeding $25,000. damage. proposed repairs or replace-
the entire grant shall revert to a cate- ment, and the Inspectors' best esti-
gorical grant or a flexible funding mate of the cost of the recommended
grant. as approved by the Regional Di- work.
rector. (c) Project applications. Project ap-
(viii) Any remaining balance of such plications for Federal funding are pre-
grant not expended by the applicant pared for the signature of the appli-
shall be returned to FEMA. cant's authorized agent and submitted

350

147

Chapter I-Federal Emergency Management Agency � 205.114

through the Governor's Authorized which a claim is made and pays all re-
Representative to the Regional Direc- lated bills. At the applicant's request,
tor for approval. The scope of work funds may be advanced to meet the
and amount of funding requested in current obligations for eligible work
the project application are based on and those anticipated for the next 60
Damage Survey Reports. plus such ad- days. An advance does not constitute
ditional documentation as the Region- final approval by FEMA of a grant; ad-
al Director considers necessary. In ap- vances are discretionary and are de-
plying for assistance. the applicant signed to the convenience of the appli-
certifies to certain assurances which cant. Further advances of funds may
are part of the project application. be made as necessary; however, the
(See 44 CFR 205.114(h).) total of advanced funds may not
(1) Time limitations for 3UbmittaL exceed the percentage agreed upon by
Project applications and supplements the Regional Director and the Gover-
for all projects requested by each ap- nor's Authorized Representative. The
plicant shall be submitted as promptly advance of funds is based on a project
as possible within 90 days after a dec- application approved either as a cate-
laration of a major disaster or within gorical or flexible funding grant. The
30 days after declaration of an emer- applicant may request an advance of
gency, or lesser time periods as speci- funds at the time its project applica-
fied by the Regional Director. When tion is submitted or after the project
circumstances beyond the applicant's application is approved, depending
control warrant such action. the Re- upon the applicant's need.
gional Director may at the State's re- (2) States, as well as applicants for
quest extend these time limitations. categorical or flexible funding grants,
Supplements that cover new work are shall adopt procedures which mini-
subject to same time limitations as mize the time elapsing between the
project applications. Changes in scope transfer of funds from the United
of work or Increases in estimates of elip States Treasury to the State or grant-
gible costs for projects previously ap- ee and their subsequent disbursement
proved shall be reported to the Gover- by the grantee for authorized program
nor's Authorized Representative im- purposes.
mediately upon determination by the (g) Supplemental project applica-
applicant that such changes are neces@ tions. Supplemental project applica-
sary. The related supplements shall be tions under a categorical grant may be
submitted as soon as possible thereaf- submitted by or on behalf of an appli-
ter. cant for new or additionl work. or for
(2) Funding option. When the total other Increases In funding found to be
estimated costs requested in the necessary after the basic project appli-
project application exceed $25,000, the cation was submitted.
applicant has a choice of the type of (h) State review and approval. The
funding that best suits its needs, Governor's Authorized Representa-
either a categorical or flexible funding tive(s) shall review all project applica-
grant. (See 1205.113 (b) (1) and (2).) tions and supplemental project
This choice Is made on the project ap- applications and shall recommend ap-
plication by the applicant. If the appli- proval or disapproval. As a condition
cant chooses flexible funding. then for FEMA approval. the State and the
the basic project application shall in- applicant shall provide the assurances
clude only debris clearance, emergency on the reverse side of the standard
protective measures. and other eligible form used for submitting project appli-
emergency work and shall be handled cations to FEMA. Any grantee or re-
as a categorical grant. Permanent cipient of such FEMA funding other
work that Is otherwise eligible for than the State or the applicant shall
flexible funding assistance will be in- also provide these assurances plus such
cluded in a supplement(s) to the basic other assurances as may be required by
project application. these regulations or by the Regional
(f) Advances of funds. (1) Final set- Director.
tlement does not occur until the appli- (I) Regional Director's review and
cant completes all approved work for approval. The Regional Director re-

351

148

� 205.115 Title 44-Emergency Management and Assistance

views the project application and sup- (1) Based on extenuating circum-
plemental project applications for eli- stances beyond the control of the ap-
gibility of - work, reasonableness of plicant, the Regional Director may
costs, and other considerations. He/ extend the time limitation not to
she then notifies the applicant exceed an additional two months.
through the Governor's Authorized (ii) Based on a determination that
Representative of the approval or dis. such action is warranted, the Associate
approval, and conditions, if any. Funds Director may extend the time limita-
are obligated upon the Regional Direc. tion completion date beyond three
tor's approval, and advances may be months when requested to do so by
made any time after obligation of the State.
funds. In the case of a small-proJect (2) Mckjor disasters. (I) Federal assist-
grant. final reimbursement is made ance shall begin with the start of the
when the Regional Director approves Incident period under the President's
the project application. declaration of a major disaster as es-
tablished In the Federal-State Agree-
1205.115 Documentation. ment and, except for the situation de-
All recipients of Federal grants must scribed in paragraph (b)(2)(ii) of this
maintain adequate disbursement and section, shall terminate upon expira-
accounting records of the costs in- tion of these prescribed deadlines:'
curred on approved disaster work so COMPLETION I DEADLINES
that the documentation required by
State or Federal audit can be made Morift
available. The requirement for audita-
ble records applies to categorical. (A) Debris clearance ..................................................6
flexible' funding, and small-project (8) E-gency -ork ....................... ......... ..... . ... . ....a
grants. Original or source documents (c) PO'"'Onent wwk ..... . ..... --_ .. . .... . ...... Is
must be available for audit purposes, 97hese Urne limitations apply to categorical grant Is.and to
and documentation must be available grants involving flexible funding under sections 402(f) and
419 of the Act. The Regional Dwector may irequire an
to auditors at one central office of applicant to subirrit a Completion schedule Ituough ft State
record. These accounting records and for tris approval.
documentation must be kept by the
applicant for three years from date of (ii) Exceptions. (A) Based on extenu-
final settlement of claim. ating circumstances or unusual project
requirements beyond the control of
1205.116 Project performance. the grantee, the Regional Director
may extend the deadlines under
(a) The primary responsibility for J 205.116(b)(2)(i) (A) and (B) for a
managing the approved projects rests period not to exceed six months and
with the applicant. under (C) for a period not to exceed
(1) Force account Eligible work may one year. on a project-by-project basis.
be performed under force account. (B) Based on a determination that
The applicant may use Its own equip- such action is warranted, the Associate
ment or other publicly owned equip- Director may extend any of the dead-
ment. The applicant may rent private- lines prescribed by this action.
ly-owned eQulpment to perform eligi- flit) The Regional Director may
ble disaster-related work. Each appli- Impose lesser deRdlines for completion
cant using force account shall main- of work under paragraph (b)(2)(i) of
tain adequate, auditable records for this If considered appropriate.
each line itern of eligible work. Uv) When an applicant fails to make
(2) Contract: Eligible work may be a timely start of work approved under
performed partially or totally by . con- the Act. the Regional Director shall
tract. review the project approval and may
(b) Time limitations for completion suspend or withdraw his approval of
of work-U) Emergencies. Federal Federal funding.
emergency assistance shall terminate
no later than one month after the de- 'The Regional Director may also impose
termination that an emergency exists, deadlines under this subparagraph for lniLl-
except: FtLion of work.

352

149

Chapter I-Federal Emergency Management Agency � 205.117

(c) Progress reports. For any perma- (1) Overruns because of variations in
nent projects that the applicant does unit prices and (2) overruns because of
not expect to complete within 18 change in scope of eligible work. The
months from the date of the disaster applicant should report these situa-
declaration, the applicant shall submit tions to the Governor's Authorized
work schedules with the application or Representative immediately so that
supplement for approval by the Gov- appropriate actions can be taken to
ernor's Authorized Representative and verify eligibility of the overruns. An
by the Regional Director. When re- interim inspection by a Federal inspec-
quired by the Regional Director or the tor may be necessary. Upon verifica-
Governor's Authorized Representa- tion of eligibility documented by
tive, the applicant shall provide the amended Damage Survey Reports, a
Governor's Authorized Representative supplemental project application to
with periodic progress reports of cover the overrun may be submitted.
scheduled work, outlining any prob-
lems and unforeseen circumstances � 205.117 Final inspections.
that are expected to result in a slip- (a) For any categorical grant, flexi-
page in the schedule. The Governor's ble funding grant, or small project
Authorized Representative may use grant, the Regional Director or the As-
such reports to take action to elimi- sociate Director. may require such
nate the causes of delays and to Identi- Federal or State inspections, not oth-
fy projects that may require time ex- erwise required by these regulations,
tensions. The Governor's Authorized as he/she deems necessary. .
Representative shall provide the Re- (b) The following requireffients; for
gional Director with copies of these Federal final inspection are applicable
progress reports together with com- to categorical grants and to flexible
ments and a report of actions taken.
Any changes in approved schedules funding grants:
must be justified by the applicant and (1) For any project of completed
approved by the Governor's Author- work for which the claimed amount of
Ized Representative and by the Re- FEMA reimbursement exceeds
gional Director. $10,000. a Federal final Inspection is
(d).Requests for time extensions. If required.
an applicant finds that an approved (2) For any project of completed
project cannot be completed within work for which the claimed amount of
the' time limit prescribed by the Re- FEMA reimbursement does not exceed
gional Director, the applicant shall $10,000, the Regional Director may
forward promptly to the State a re- accept a written certification by the
quest in writing for additional time, applicant's Authorized Representative,
together with justification for delay in describing the project and certifying
completion of the project. The Gover. the claimed actual costs in sufficient
nor's Authorized Representative shall detail to permit a desk review by the
forward the request with a recommen- Governor's Authorized Representative
dation to the Regional Director. The and by the Regional Director. The Re-
Regional Director shall notify the ap- gional Director will notify the State
plicant, through the State, of approval whether the applicant's certification
or denial. Requests for time extensions was satisfactory. For those projects
beyond the Regional Director's au- not adequately certified, the Regional
thority are forwarded by the Regional Director shall require a State or Fed-
Director to the Associate Director for eral final inspection.
his action. (c) Reference 44 CFR
(e) Cost overruns. During the execu- 205.113(b)(3)(vi). the Regional Direc-
tion of approved work under categori- tor shall require a State or Federal
cal grants, the applicant may find that final inspection of any project of work
overruns are occurring on the actual completed under a small project grant
costs of certain projects, compared to as lie/she deems necessary.
the approved estimates on the (d) The Governor's Authorized Rep-
Damage Survey Reports. Such cost resentative shall arrange for and
overruns fall Into two main categories: schedule f inal inspections, and Interim

353

150

� 205.118 Title 44-Emergency Management and Assistance

inspections, which he/she deems nec- (3) Federal audit: The FEMA Inspec-
essary, and those additional Inspec- tor General and the General Account-
tions required by the Regional Direc- Ing Office have audit responsibility.
tor. The Governor's Authorized Rep- Thus, a Federal audit may be per-
resentative shall assure that all of formed on any claim if deemed neces-
these inspections are conducted and sary by the FEMA Inspector General
completed effectively and in a timely and/or the General Accounting Office.
manner. @c) Partial payments. In any case
where an applicant has completed part
9205.118 Claims ror reimbursement. of the approved work, has received the
(a) Submittal. To receive reimburse- maximum advance of funds available,
ment for funds expended under a cate- and still lacks funds to satisfy all
gorical grant or flexible funding grant, project-related obligations. the Re-
the applicant shall submit a claim to gional Director may approve partial
the State within 60 days after the payments. The basis for approval of
completion of approved work, includ- such payments are urgent financial
Ing a listing of actual costs for each need, satisfactory inspection reports,
line Item. All costs claimed shall be and audit of the applicant's records
paid by the applicant prior to approval upon which the partial payment Is
of final settlement by the Regional Di- based.
rector. Under a small project grant, (d) Review and approval-Q) State.
the applicant shall submit a request Following audit, the Governor's Au-
for reimbursement with the project thorized Representative reviews the
application. If the applicant completes claim and, based on the audit report
all work approved for It under a cate- and related documents, approves a cer-
gorical grant for an amount less than tain amount on the claim to be sub-
$25,000, the Regional Director may, at mitted to the Regional Director for
his/her discretion, approve a change . approval. The State shall submit the
in funding to a small project grant, claim and the audit report to the Re-
and reduce the amount originally ap- gional Director as soon as possible
proved to the amount of the actual after the date that the applicant sub-
cost of the approved work. mitted the claim to the Governor's Au-
(b) Audit. (1) Reference 44 CF`R thorized Representative.
205-112(e). the Governor's Authorized (2) Regional Director. Following his/
Representative shall arrange for State her review of the claim and audit
.audit to be made for each categorical report. the Regional Director may ap-
or flexible funding grant as soon as prove or disapprove It. An approved
possible after receiving the applicant's claim will then be processed-for pay-
claim. Audit of small project grants is ment. If the Regional Director does
not normally required. Documentation not agree with the State audit recom-
must be available to auditors at the mendations, he/she may request a
grantee's central office of record, The Federal audit. If he/she does not
Regional Director or the Associate Di- agree with the Federal audit recom-
rector may request a Federal audit of mendations and the matter cannot be
any claim. regardless of amount or resolved at the Regional level. the case
type of funding. is forwarded to the Associate Director
(2) The FEMA or State auditors, the for resolution. The Regional Director
Governor's Authorized Representa- or the Associate Director may require
tive, the Regional Director. the Asso- additional Federal audits as he/she
ciate Director, and the Comptroller deems necessary.
General of the United States or their
duly authorized representatives shall � 205.119 Federal funding.
for the purpose of audit and examina- (a) Management of Federal funds.
tion have access to any books. docu- The State shall properly account for
ments, papers. and records that per- all Federal funds made available to
tain to Federal funds. equipment, and the State under these regulations as
supplies received under these regula- Federal funds in the accountz of the
tions. State. In each case, the State agency

354

151

Chapter I-Federal Emergency Management Agency � 205.120

concerned shall provide such authenti- have to remit any interest earned to
cated reports as the Associate Director the Federal Government.
or the Regional Director may require, (3) States do not have to remit inter-
covering the status and application of est earned on advanced funds that are
the funds, the liabilities and obliga- held briefly pending disbursement for
tions on hand. and other pertinent in- immediate program purposes, i.e., to
formation. advance to eligible applicants for their
(b) Release of Federal funds for State disaster-related expenses.
or local governments. Requests for ad- (e) Return of overadvanced funds by
vance of funds or reimbursement that other Federal agencies. Other Federal
are approved by the Regional Director agencies shall promptly return to
are forwarded to the FEMA National FEMA any advances of funds which
Office, where they are processed to are excess to their requirements in
the U.S. Treasury for payment. caMing out assignments made to
(c) Recovery of excess advances from them by FEMA.
State or local governments. (1) A bill
for collection will be issued to the � 205.120 Appeals.
State immediately upon verification (a) An applicant may request the
that the applicant has received funds Governor's Authorized Representative
In excess of the amount approved by to submit an appeal to the Regional
the Regional Director as final settle- Director for reconsideration of any de.
ment of its claim. In the event that terminations that the Regional Direc-
there is an appeal by the applicant tor made related to Federal assistance
pending. the bill for collection may for that applicant. The applicant's
not be issued until the appeal Is set- written request shall be made within
tled by the Regional Director or the 60 days of the date of the Regional Di-
Associate Director. The States shall rector's action that is being appealed
advise applicants that the bills for col- and shall include such additional in-
lection are due upon receipt and that formation as appropriate justification.
any appeals of the bills must be filed However, in the event that the addi.
with the Regional Director within 60 tional information is not immediately
days. the time limit established in 44 available, the applicant shall within
CFR 205.120. the 60-day period notify the State in
(2) If by the expiration of the period writing of its intention to appeal. and
for appeals the Regional Director has shall then follow up with the required
not received payment for the full documentation.
amount of the bill for collection, he/ (b) The State shall forward such ap-
she shall notify the appropriate State peals within 30 days of receipt of the
official in writing for transmittal to appeal from the applicant, together
the applicant that the amount owed is with the State's comments, recommen-
past due. and that the claim is being dations. and any additional informa-
referred to the Claims Collection Offi- tion it may have.
cer for further action. This action may (c) Upon receipt of an appeal. the
include offset against future claims for Regional Director shall review the ma.
disaster relief from the - applicant or terial submitted and make such addi-
the State. tional investigation as he/she deems
(d) Disposition of interest earned on appropriate. Following the review and
advances for funds. (1) From the time Investigation. the Regional Director
that the State disburses advances of shall notify the State, in writing, of
Federal funds to local applicants or to his/her decision to grant or deny the
applicant State agencies, any interest appeal. If the decision Is to grant the
earned on those funds must be paid to appeal, the Regional Director shall
the Federal Government. take such additional action as Is neces-
(2) If an applicant incurs disaster-re. sary to implement his/her decision.
lated obligations. discharges those ob- (d) If the Regional Director denies
ligations with its own funds, and uses the appeal. the applicant may request
the advanced funds to reimburse Its the State to submit a second appeal to
o%m accounts. the applicant does not the Associate Director. Such appeal

355

152

205.121 Title 44-Emergency Managernent and Assistance

shall be made in writing through the (3) Time limitation for completion of
Regional Director. and shall be sub- emergency work or debris removal by
mitted not later than 60 days after re- a Federal agency under a mission as-
ceipt of notice of the Regional Direc- signment is three months after Presi-
tor's denial of the appeal. Action by dent's declaration. The applicant or
the Associate Director is final. State must be prepared to take over
(e) If an applicant requesLs the State any emergency work not completed by
to makean appeal to the Regional Di- the Federal agency within the three
rector or to the Associate Director in month period.
accordance with this section and the (4) The request shall be in the form
State declines, or takes no action on of a resolution by the governing body
the request, the applicant may make of an eligible applicant. and shall in-
an appeal directly to the Regional Di. clude its agreement to:
.rector. The appeal by the applicant (I) Provide without cost to the
shall be Tnade in writing within 60 United States all lands. easements,
days after receipt from the State of and rights-of-way necessary to the ac-
the notice of determination by the Re- complishment of the approved work;
gional Director, or notification by the and
State, that It will not make an appeal. (ii) Hold and save the United States
M Based on his/her determination free from damages due to the request-
that such action is warranted, the As- ed work, and shall indemnify the Fed-
sociate Director or the Regional Direc- eral Government against any claims
tor may extend any of the time peri- arising from such work.
ods prescribed by this section. (5) The request shall be accompa-
nied by:
9 205.121 Direct Federal assistance. (I) A statement of the reasons why
the emergency work cannot be per-
(4) Neither eligible emergency work, formed by the applicant. or by any
nor eligible permanent work under the other local government; and
provisions of section 402 of the Act, (ii) Assurance by the applicant of
may be performed by or under the compliance with Title VI of the Civil
direct supervision ofa Federal agency Rights Act of 1964, Pub. L. 88-352. 78
except in certain circumstances. When Stat. 241 (42 U.S.C. 20OOd-20OOd-4),
in rare cases the State or local govern. and Section 311, Pub. L. 93-288.
ment lacks the capability to perform (c) Request by Governor's Author-
or to contract for the eligible work, ized Representative: (1) In those in-
the applicant may request that the stances where the required resolution
work be accomplished by a Federal by each applicant cannot be obtained
agency. However, It Is not anticipated on a timely basis to meet immediate
that mission assignments to other Fed- needs, the Governor's Authorized Rep-
eral agencies can very often be Justi- resentative niay submit a State re-
fied. Such assistance Is subject to eligi- quest for direct Federal assistance for
bility criteria for proposed work con- the Regional Director's approval.
tained in Subpart E-Public Assist- (2) The FEMA policy in providing
ance-of these regulations. Details direct Federal assistance in response
concerning reimbursement of other to a State request is that the immedi-
Federal agencies are contained in Sub- ate requirements for such debris re-
part I. moval or emergency work must clearly
(b) Requests by Applicants: (1) The exceed State and local capabilities for
applicant shall submit requests for timely accomplishment and is availa-
direct Federal assistance through'the ble only for major disasters of unusual
-Governor's Authorized Representative magnitude or severity. Whenever fea-
for the Regional Director's approval. sible, It is expected the responsible
(2) Requests must be made within 10 State or local government shall devel-
days after a major disaster declara- op the necessary capabilities to per-
tion. or an emergency declaration, form any remaining eligible work
unless that period Is specifically ex- within ten days after the Presidential
tended or shortened by the Regional declaration, or that each unable to do
Director'. so shall submit an appropriate resolu-

356

153

Chapter I-Federal Emergency Management Agency � 205.121

tion for continuation of direct Federal government against any claims arising
assistance. The Regional Director from such work.
shall terminate direct Federal assist- (6) The request shall be accompa-
ance in response to the State request nied by:
on the tenth day after the Presiden- 0) A statement of the reasons why
tial declaration, except for any exten- the emergency work cannot be per-
sion Justified by an appropriate resolu- formed by a local government or by
tion from an applicant on a case-by- the State; and
case basis. Whenever feasible. techni- (ii ) Assurances by the State of com-
cal advice or assistance shall be pro- pliance with Title VI of the Civil
vided to an applicant to eliminate'any Rights Act of 1964, Flub. L. 88-352, 78
requirement for direct Federal assist- Stat. 241.
ance. It is also expected that the capa- (7) Emergency work on debris re-
bilities of the State or other local gov- moval by direct Federal assistance in
ernments shaU be fully committed response to such a State request shall
before any direct Federal assistance is be performed on publicly-owned prop-
authorized. erty. Under exceptional circumstances
(3) Such State requests must be sub- when in the public interest, and based
mitted within two days after the date on written assurances of right-of-entry
of declaration of a major disaster or and indemnification provided by the
emergency and shall have a time limi- State, the local government, or the
tation which expires ten days after owner. such direct Federal assistance
the date of declaration. During this may be performed on private property.
period. the interested applicants shall (d) Approval: (1) State. If the Gover-
submit an appropriate request nor's Authorized Representative con-
through the Governor's Authorized curs that the emergency work is neces-
Rcpresentative In accordance With sary and cannot be accomplished by
paragraph (b) of this section. The Re- the applicant, by another local govern-
gional Director's approval must be ob. ment, or by the State, he/she shall en-
tained before the expiration of the dorse the applicant's request for direct
tenth day after the declaration for the Federal assistance and forward it to
desired Federal assistance to continue. the Regional Director, together with a
(4) The Federal agency performing statement of the reasons why the
direct Federal assistance in response State cannot provide the requested as-
to a State request shall contact the ap- sistance.
plicant's authorized representative of (2) Regional Director:
each applicant designated specifically (I) If the Regional Director approves
by the Regional Director in coordina- the request. he/she shall issue a mis-
tion with the Governor's Authorized sion assignment to the appropriate
Representative. Before any Federal as- Federal agency. The assignment letter
sistance is provided, the applicant's to the agency shall define the scope of
authorized representative shall re- eligible work. Prior to execution of
quest the Federal agency to perform work on any project. except under un-
the desired work. confirming each usual circumstances approved by the
verbal request in writing without Regional Director, the Federal agency
delay. No direct Federal assistance shall submit a Damage Survey Report
shall be performed without such prior to the Regional Director for review
request. and approval to establish the scope of
(5) The State request shall Include eligible work and approved cost limita-
Its agreement to: tions. The Federal agency shall not
(I) Provide without cost to the exceed the limit on funding approved
United States all lands. easements. by the Regional Director without ob-
and rights-of-way necessary to the ac- taining prior approval of supplemental
complishment of the approved work; funding.
and (ii) If all or any part of the request-
00 Hold and save the United States ed work falls within another Federal
free from damages due to the request- agency's statutory authorities and ca-
ed work, and indemnify the Federal pabilities. the Regional Director shall
not approve It. Instead, he/she shall

357

154

� 205.122 Title 44-Emergency Management and Assistance

refer the request to the other Federal priate action to assure the availability
agency for action. and the fair distribution of needed ma-
(e) Project management: (1) Federal terials. Where possible, such action
agency responsibilities. The perform- may include the voluntary allocation
ing Federal agency shall ensure that of such materials for a period of not
the work is performed and completed more than 180 days after the major
In accordance with the Regional Direc- disaster. The Regional Director shall
tor's approved scope of work. costs. implement any allocation program to
time limitations, and applicable stand- the extent possible by working with
ards. The performing Federal agency and through those companies that tra.
shall also keep the Regional Director
the Governor's Authorized Repre' clitionally supply construction materi-
sentative, and the applicant advised of als in the affected area.
work progress and other develop-
ments. The Federal agency is also re- Subpart I-Reimbursement of Other
sponsible for obtaining any necessary Federal Agencies
permits or licenses; for compliance
with applicable State and local laws or AUTHORITY: SCC. 601, Disaster Relief Act
other requirements: and for compli- or 1974, Pub. L. 93-288, 88 Stat. 163 (42
ance with these regulations and other U.S.C. 5201). Exectitive Order 12148; and
applicable handbooks or guidance by Delegittion of Authority, 44 FR 44792.
the Regional Director. The Federal SouRcE: 45 FR 26053, Apr. 17. 1980. unless
agency shall also provide a final in- othemise noted.
spection report signifying completion
of the approved work which has been � 205.150 Purpose.
signed by the Federal agency's inspec- This subpart prescribes the proce-
tor and the applicant's authorized dures for obtaining or authorizing the
agent.
(2) Applicant responsibilities. The provision of services or use of re-
applicant shall assist the performing sources of other Fedeial agencies In
Federal agency in all support and local providing assistance under the au-
jurisdictional matters that a private thorities of the Act. It is effective for
owner would assume In a relationship assistance obtained or authorized in
to a performing contractor. These emergencies or major disasters de-
matters include securing local building clared after August 2. 1976. Further
permits and rights of entry. control of details of direct Federal assistance
Araffic and pedestrians in the interest other than reirribursement are covered
of safety and public welfare, and com- in Subpart H. � 205.121.
pliance with'local building ordinances.
Refer also to 44 CFR 205.76(a)(7) re- 9 205.151 Assistance from other Federal
garding eligibility of-costs of adminis- agencies.
trative expenses. (a) The Associate Director or Re-
� 205.122 Availability of materials. gional Director. In determi *ning the
For the purposes of this section, nature and extent of assistance re-
"construction materials" shall include quired to implement authorities under
the Act, shall consider the types of as-
building materials and materials re-
quired for repair or replacement of sistance available from other Federal
housing, public facilities. or normal agencies. Either the Associate Director
farm and business facilities. The Re- or the Regional Director may request
gional Director may. at the request of or direct other Federal agencies to
the Governor of an affected State, provide available assistance as neces-
provide for a survey of construction sary.
materials needed in the disaster af- (b) All requests or directives to other
fected area on an emergency basis for Federal agencies shall be In writing, or,
housing repair. replacement housing, shall be confirmed in writing If made
public facilities repairs and replace- orally, and sliall contain a specific ref-
ment, farming operations, and busi- erence to the anticipated level of reim-
ness enterprises and may take appro- bursement.

358

155

Chapter I-Federal Emergency Management Agency � 205.200
� 205.152 Expenditures eligible for reim. SF 1081, Voucher and Schedule of
bursement. Withdrawals and Credits.
(a) The Associate Director or the (b) An agency shall document Its re-
Regional Director may not approve re- quest for reimbursement with specific
imbursement of costs Incurred while details on personnel services, travel,
performing work under an agency's and all other expenses by object class
own authority. as specified in OMB Circular A-12 and
(b) The. Associate Director or the by any subobJect class used in the
Regional Director may approve reim- agency's accounting system. Where
bursement of the following costs contracts constitute a significant por-
which are incurred In providing re- tion of the billings. the agency shall
quested assistance. provide a listing of individual con-
(1) Overtime, travel. and per them of tracts and their associated costs.
permanent Federal agency personnel. (c) Reimbursement requests shall
(2) Wages, travel, and per them of cite the specific directive or request
temporary Federal agency personnel for assistance under which the work
assigned solely to performance of serv- was performed, and the disaster iden-
ices requested by the Associate Direc- tification number. Requests for reim-
tor or the Regional Director in the bursement of costs incurred under
major disaster or emergency area des- more than one directive or request
ignated by the Associate Director. may not be combined for billing pur-
(3) Travel and per them of Federal poses.
military personnel assigned solely to (d) Unless otherwise agreed, an
performance of services requested by agency shall direct all requests for re-
the Associate Director or the Regional imbursement to the Regional Director
Director in the major disaster or emer- of the region in which the costs were
gency area designated by the Associate incurred.
Director. (e) A Federal agency requesting re-
(4) Cost of work, services, and mate- imbursement shall retain all financial
rials procured under contract for the records, supporting documents. statis-
purposes of providing assistance re- tical records. and other records perti-
quested by the Associate Director or nent to the provision of services or use
the Regional Director. of resources by that agency. These
(5) Cost of materials, equipment. materials shall be accessible to duly
and supplies (including transportation, authorized representatives of FEMA
repair. and maintenance) from regular and the U.S. Comptroller General. for
stocks used In providing requested as- the purpose of making audits, ex-
sistance. cerpts, and transcripts, for a period of
(6) All costs Incurred which are paid 3 years starting from the date of sub-
from trust. revolving. or other funds. mission of the final billing.
and whose reimbursement is required
by law.
(7) Other costs submitted by an Subpart J-General Insurance
'agency with written justification or Requirements
otherwise agreed to in writing by the
Associate Director or the Regional Di- AUTHORIXY7. S-eC. 601. Disaster Relief Act
rector and the agency. of 1974, as amended, Pub. 1. 93-288, 88 Stat.
143 (42 U.S.C. 5201); Executive Order 12148
� 205.153 Procedures for reimbursement. (44 FR 43239% and Delegation of Authority
(a) Federal agencies may submit re- (44 FR 44792). .
quests for reimbursement of amounts SouRcE: 44 FR 71794. Dec. 11, 1979. unless
greater than $1,000 at any time. Re- otherwise noted.
quests for lesser amounts may be sub-
mitted only quarterly. An agency shall � 205.200 General.
submit a final accounting of expendi- (a) Section 314 of the Act, and the
tures within 90 days after completion Flood Disaster Protection Act of 1973.
of the agency's work under each re- Pub. L. 93-234. establish insurance re-
quest or directive for assistance. Re- quirements as a condition for approv-
quests for reimbursement are made on ing certain disaster assistance under

359

156

� 205.201 Title 44-Emergency Management and Assistance

the Act. This subpart pertains to as- other highway facilities; traffic con-
sistance under sections 402 and 419 of trols; parking meters: drainage chan-
the Act. Specific requirements pertain- -nels and debris basins; dikes and
Ing to flood Insurance under Pub. L. levees: pumping stations; and utility
93-234, as amended, are contained in distribution systems.
Subpart K of this regulation. (d) Assistance for which flood insur-
(b) Prior to approval of a Federal ance Is required under Pub. L. 93-234,
grant for the restoration of property. as Implemented by 44 CFR Part 205,
the applicant shall notify the Region- Subpart K.
al Director of any entitlement to in-
surance settlement or recovery for 9 205.203 Applicability.
such property. The Regional Director (a) The requirements of this subpart
shall reduce the grant by the actual shall apply to all assistance pursuant
amount of insurance proceeds received to section 402 or 419 of the Act with
by the applicant. In the event that in- respect to any major disaster or emer-
surance recovery is contingent upon gency declared by the President after
the amount of reimbursement under May 22, 1974, unless excluded under
the Act, reimbursement shall be limit- 1205.202.
ed to eligible costs as determined by
the Regional Director after deducting (b) The Regional Director may not
the maximum amount otherwise re- approve any such assistance unless the
coverable under and to the limit of the applicant has provided assurances, ac-
applicant's insurance policy. ceptable to the Regional Director,
that the applicant will obtain and
205.201 Definitions as used in this sub- maintain any Insurance required
part. under these regulations.
(a) "Assistance" means any form of (c) The Regional Director may defer
Federal grant under sections 402 -or approval of otherwise eligible project
419 of the Act to replace, restore. applications for up to 6 months to
repair, reconstruct, or construct any permit the applicant to provide such
property as the result of a major disas- assurances referred to in paragraph
ter or emergency declaration and (b) of this section. The Associate Di-
which property is not excluded pursu- rector may extend the time for sub-
ant to J 205.202. inission of such assurances by the ap-
(b) "Property" means any structure, plicant.
vehicles, equipment, materials. or sup- (d) No applicant for assistance under
plies. sections 402 or 419 of the Act shall re-
ceive assistance for any property or
1205.202 Exclusions. part thereof for which it has previous-
The following categories of Federal ly received assistance under the Act
disaster assistance are excluded from unless the applicant obtained and
the requirements to obtain and main- maintained the insurance required
tain such insurance as Is required by under section 314 of the Act and these
section 314. of the Act and by this sub- regulations with respect to such prop-
part: erty. In cases where Insurance was not
(a) Emergency assistance provided maintained, any assistance shall be re-
under section 305 or 306 of the Act. duced by the insurance settlement
(b) Assistance otherwise eligible which would have been received had
under section 402 or 419 of the Act for the required Insurance coverage been
any State-ow-ned property that Is cov- maintained In force.
ered by an adequate State policy of (e) Insurance requirements pre-
self-frusurance approved by the Asso- scribed In this subpart shall apply
ciate Director for Disaster Response e(juRfly to private nonprofit facilities
and Recovery Rbe Associate Director). wbich receive assistance under section
(c) Assistance under section 402 or 402(b) of the Act. Private nonprofit or-
419 of the Act for any property for ganizations. shall submit the necessary
which Insurance is not reasonably documentation and assurances re-
available, adequate, and necessary, quired by this subpart through the ap-
such as: Roads. streets. bridges. and propriate applicant.

360

157

Chapter I-Federal Emergency Management Agency � 205.209

(f) The Regional Director shall re- ances with the project application.
quire flood insurance as the result of The type and extent of such insurance
the flooding major disaster, when rea- coverage shall be subject to approval
sonably available, adequate, and neces- by the Regional Director.
sary under section 314 of the Act for
assistance even though the flood dam- 9 205.208 Assurances for nexible funding.
aged building concerned is located out- When applying for assistance under
side the base floodplain. the provisions of sections 402(f) and
� 205.204 Type of insurance. 419 of the Act, the applicant shall pro-
ant vide assurances acceptable to the Re-
(a) Assurances by the applic gional Director that it will obtain and
under this subpart to obtain reason- maintain such insurance as required
ably available, adequate. and neces- by section 314 of the Act and the regu-
sary insurance shall be required only lations in this subpart. As part of such
for the type or types of hazard for assurance, the applicant shall agree to
which the major disaster was declared. provide to the Regional Director a list-
The Regional Director shall not re- ing of insured property, including loca-
quire greater types and extent of in- tion, description, extent and duration
surance than are certified to him/her of insurance coverage. name and ad-.
as reasonable by the appropriate State
Insurance Commissioner responsible dress of the insurer, and applicable in-
for regulation of such insurance. surance policy numbers. the Regional
(b) The Regional Director shall Director, after a review of the listing
make a determination as to the type and schedule required by Subpart H
and extent of Insurance that Is reason- (Project Administration) and other re-
able when he/she is unable to obtain a views as he/she considers necessary
prompt certification by the State In- shall, if appropriate, require the appli-
surance Commissioner In response to a cant to obtain additional insurance
formal written request. under the Act and these regulations.
� 205.205 Extent or insurance. � 205.209 Self-insurance.
Prior to approval of assistance under A state may elect to act as a self-In-
section 402 or 419 of the Act to re- surer with respect to any or all of the
place, restore, repair, reconstruct, or facilities belonging to it. Such an elec-
construct any property for which in- tion, if declared in writing at the time
surance is required Under this subpart, of accepting assistance under sections
the applicant shall provide assurances 402 or 419 of the Act or subsequently,
acceptable to the Regional Director and if accompanied by a plan for self-
that It will obtain and maintain rea- insurance which is satisfactory to the
sonably available, adequate, and neces- Associate Director, shall be considered
sary insurance to protect against as complying with subsection 314(a) of
future loss in an amount equal to the the Act. After approval as self-insurer
amount of the grant under section 402 by the Associate Director. no State
or 419. shall receive assistance under such sec-
tions for any property or part thereof
� 205.206 Duration of insurance coverage. for which it has previously received as-
The applicant shall provide assur- sistance under the Act, to the extent
ances that the required insurance cov- that insurance for such property or
erage will be maintained for the antlcJ- part thereof would have been reason-
pated life of the restorative work or of 'ably available.
the Insured property. which Is the
lesser. Subpart K-Flood Insurance
� 205.207 Assurancem for Cutegorical Requirements
grants. AUT110HITY: Sec. 601. Disaster Relief Act
Where instirance is reqtdred under of 1974 as amended. Pub. L. 93 -288, 88 StaL.
this subpart. the applicant shall 163 (42'U.S.C. 5-201): Em-clItive. 01-dj-r 12148
submit evidence of applicable insur- (44 PH 43239); and Delegation of Authority
an(,(! coverage or other rviat(A rt@Lsur- (44 Pit 44792).

361

158

� 205.250 Title 44-Emergency Management and Assistance

SOURCE: 45 FR 37440. June 3, 1980. unims, - Relief Act or IM (other than Pmsist-
otherwIse noted. ance under such Act in connection
205.250 Ceneral. with a flood).
(e) "National Flood Insurance Pro-
(a) The Flood Disaster Protection gram" (NFIP) means the program au-
Act of 1973, Pub. L. 93-234, as amend- thorized by 42 U.S.C. 4001-4128.
ed, imposes certain restrictions on ap-
proval of Federal financial assistance 9 205.252 Exclusions.
for acquisition or construction pur- (a) The following categories of Fed-
poses for use in any area defined by eral disaster assistance are excluded
the Director, FEMA. as an area having from the provisions of the Flood Dis-
special flood hazards. This subpart im- aster Protection Act of 1973:
plements Pub. L. 93-234 as amended, (1) Federal financial assistance on
except as specified in paragraph (b) of any State-owned property that is al-
this section.
(b) Specific flood Insurance require- ready covered by an adequate State
ments pertaining to Temporary Hous- Policy or self-insurance approved by
ing Assistance and Individual and the Director, Federal Emergency Man-
Family Grants are contained in new agement Agency.
Subpart D. J� 205.52 and 205.54, re- (2) Federal financial assistance
spectively. To the extent this subpart under Title 11 of the Act.
Is inconsistent with those sections. the
more specific regulations in those sec- �205.253 Applicability.
tions apply. (a) Federal financial assistance for
acquisition or construction purposes.
1205.251 Definitions. (1) FEMA shall not approve any fi-
As used in this subpart: nancial assistance for acquisition or
(a) "Building" means a walled and construction purposes for use in any
rooted structure, other than a gas or area that has been identified by the
liquid storage tank, that Is principally Director, FEMA. as an area having
above ground and affixed to a perma- special flood hazards unless the com-
nent site. as well as a mobile home on munity in which such area is situated
a foundation. is participating in the National Flood
(b) "Community" means any State Insurance Program at the time of the
or area or political subdivision thereof. approval. This prohibition applies only
or any Indian tribe or authorized to communities which have been for-
tribal organization. or Alaska Native mally identified for at least one year
Village or organization which has au- as communities containing one or
thority to adopt and enforce flood- more areas having special flood haz-
plain management regulations for the ards. The "time of approval" of finan-
areas within its jurisdiction. cial assistance is the date on which the
(c) "Federal financial assistance" authorized FEMA official obligates
means any loan or grant or other form Federal grant or loan funds. This sub-
of direct or Indirect Federal financial section does not mandate a require-
assistance under the Act and these ment for community participation in
regulations which is not excluded connection with damage resulting
'under 1205.252. from a hazard other than flooding.
(d) "Financial assistance for acquisi- (2) FEMA shall not approve any fi-
tion or construction purposes" means nancial assistance for acquisition or
any forzn of Federal financial assist- construction purposes for use in any
ance which Is Intended in whole or In area that has been identified by the
part for the acquisition, construction, Director, FEMA. as an area having
reconstruction. repair, or improvement special flood hazards and in which the
of any publicly or privately owned sale of flood Insurance is available
building or mobile home, and for any under the National Flood Insurance
machines, equipment. fixtures,' and Program unless the building or mobile
furnishings contained or to be con- home and their contents to which the
tained in them but shall exclude as- financial assistRnce relates are or will
sistance pursuant to the Disaster be covered by an adequate policy of In-

362

159

Chapter I-Federal Emergency Management Agency � 205.253

surance. As in I 205.253(a)(1) of this (b) The Regional Director shall work
part, this subsection does not mandate closely with the Governor's Author-
a requirement for an insurance pur- ized Representative. and State and
chase in connection with damage re- local governments. to ensure that the
sulting from a hazard other than provisions of this subpart for special
flooding. flood hazard areas are considered in
(I) As a condition for receiving a the processing and approval of project
grant under the Act, an adequate applications. In addition. the Regional
flood insurance policy for a project in- Director shall require compliance with
volving emergency or permanent work the provisions of this subpart in issu-
shall be: ing mission assignments for direct
(A) The Standard Flood Insurance Federal assistance under Subpart H of
Policy (44 CFFL Part 61, Appendix A) these regulations whenever property
or one which complies with the crite- subject to the provisions of the Flood
ria for the "Acceptance of Private Disaster Protection Act of 1973 is in-
Flood Insurance To Meet Statutory volved.
Requirement (43 FR 7147, at "D"); (c) For any State owned building not
and covered by an approved State policy or
(B) Purchased and maintained to self-insurance, the Regional Director'
cover the insurable building and any shall require proof of adequate flood
contents to which the grant relates insurance covering proposed disaster
during the anticipated useful life of assistance eligible for reimbursement
the project. as determined by the Re- under the Act.
gional Director, in an amount equal to (d) In accordance with paragraphs
the lesser of the project cost (less esti- (a) (1) and (2) of this section, the ap-
mated land cost, if any) or the maxi- plicant shall make a commitment to
mum available limits of flood insur- continue flood insurance for the
ance coverage under tile National useful life of the project, as deter-
Flood Insurance Act of 1968. mined by the Regional Director. For
(H) For purposes of this paragraph those buildings on which the eligible
(a)(2), the term "project" shall mean applicant is delinquent on prior flood
the construction, acquisition, restora- insurance commitments in previous
tion or repair of a building or a part 'disasters, the Regional Director shall
thereof together with the repair, res- suspend any future Federal financial
toration or replacement of any person- assistance for acquisition or construc-
al property to which the financial as- tion purposes until such delinquency
sistance relates. Is eliminated. In such cases, any assist-
(3) In the case of paragraph (a) (1) ance shall be reduced by the insurance
or (2) of this section, any building may settlement which would have been re-
become eligible for Federal financial ceived had the required insurance cov-
assistance if the community con- erage been maintained in force.
cerned: (e) When a State has been approved
(I) Qualifies for and enters the NPIP by the Director, FEMA, as a self-insur-
within six months after the date of er prior to the declaration of a major
the Presidential declaration, disaster or an emergency, the Region-
(H) Obtains and maintains the neces- al Director shall determine the
sary flood insurance, and amount of self-insurance applicable to
(iii) Provides FEMA with written evi- any building damaged by a major dis-
dence of that insurance. aster and shall deduct such self-insur-
(4) If the applicant replaces a build- ance coverage from the Federal grant
Ing outside of the base floodplain, Fed- for disaster assistance work.
eral financial assistance will not be (f) In administering this section, the
denied for failure of tile community to Regional Director shall titilize current
participate in the NFIP or to obtain/ information from the. Federal Insur-
maintain flood insurance, tinless re- ance Administ ration to identify States
quired under Subpart J of these regu- having a satisfactory program of self-
lations by the Regional Director as a insurance. the communities eligible for
condition for disaster assistance tinder flood insurance tinder tile regular or
the Act. emergency prograins, flood hazard

363

160

U4 44-kmisrquiscy
1205.400

boundary maps, and flood Insurance and disaster proofing. As used in this
rate maps. subpart:'
(a) "Avoidance" means to eliminate
Subpart L-[R*sorvodl a hazard through measures such as re-
location or prohibition of construction
Subpart M-Hazard Mitigation within an area susceptible to risk or
-------- danger, or by other means.
(b) "Construction practices" means
AUTHORrry; Secs. 406 and 601, Pub. L@ 93-
288, 98 Stat. 143 (42 U.S.C. 5176 and 5201); codes. standards. and specifications ap-
ExecutIve Order 12148: and Delegation of plicable to repairs, or to alterations or
Authority (44 FR 44972). new construction of a facility or struc-
Soustm: 44 FR 64809, NOV. S. 1979. unleas ture.
otherwise noted. (c) "Disaster proofing" means those
minimum alterations or modifications
1205.40.0 General. to damaged facilities that could be ex-
- (a) Purpose. The purpose of this sub- pected to prevent or substantially
part Is to prescribe the actions and reduce future damages to the repaired
procedures for Implementing Section or reconstructed facility. or to make It
406. Pub. L. 93-288, as amended. Any disaster resistant.
confUcting provisions elsewhere in 44 (d) "Hazard" means any natural
CFR Part 205 are superseded by this source of danger or element of risk
:
ubpart. It is also the purpose of this identified following A major disaster or
ubpart to clarify the responsibilities emergency.
for hazard mitigation of the various (e) "Land use regulations" include
Federal agencies and State and local zoning for purposes compatible with
governments as the result of a major prudent floodplain management and
disaster or emergency declared by the both preventive and corrective restric-
President. tions on construction, repairs, or alter-
(b) This subpart covers actions, pro- ations of facilities Within specified
cedures, standards. and criteria for ac- areas. Preventive restrictions provide
complishing optimum results in reduc- regulation of new land use. i.e.. non-
tion, avoidance and mitigation of all structural disaster control measures
types of future disasters. These regu- such as use of high hazard areas for
lations are intended for the use of parks. farms, and recreation&] areas.
Federal, State and local governments. Corrective restrictions include:
as Well as organizations and Individ- (1) Floodproofing;
uals administering or receiving Feder- (2) Acquisition;
al grant or loan assistance as the
result of a major &saster or emergen. (3) Insurance;
cy. They are also intended to comple- (4) Removal of non-conforming uses.
ment and reinforce implementation in (f) "Mitigation" means to alleviate
other subparts of these regulations of: by softening and making less severe
(1) The President's Executive Order the effects of a major disaster or emer-
11988 on Floodplain Management and gency and of future disasters in the af-
Executive Order 11990 on Protection fected areas. including reduction or
of Wetlands; and (2) the National En- avoidance.
vironmental Policy Act. of 1969 Flub. (g) "Reduction" means to diminish
I@ 91-190. When a major disaster or In strength and Intensity or to restrict
emergency occurs. the hazard mitiga- or lessen the size, amount and extent
tion actions to cope with those haz- of damage resulting from the major
ards Identified as the result of the disaster or emergehcy or to be expect-
major disaster or emergency shall re- ed as the result of future disasters.
celve priority. 9205.402 Implementing actions.
0 205.401 Definitions. (a) The FEMA role under Section
In this.subpart reference Is frequent- 406 of the Act is one of providing lead-
ly made to such words as hazard re- ership. not through mandates. but
duction. avoidance. and mitigation; through governments and assistance
land use and construction regulations. to them In their initiatives to develop

364

161

and maintain effective mJtigatlon facilities due to failure to comply with
standards. FEMA must provide realis- such prescribed standards would not
tic and attainable mitigation options be eligible for FEMA, grant assistance
for their consideration and adoption. under section 402, except under un-
Ultimately, Improved programs can usual clrcumstances when approved in
only be developed when each party the public interest by the Associate
understands the benefits to be gained Director.
through hazard mitigation and Is will- (e) Local goverrunents usually have
Ing to work In a shared environment the decision-makIng responsibility
of cooperation and commitment. within their jurisdictions for haza d
(b) While the need to respond quick- mitigation measures, including sound
ly to disasters and I ife-threatening Iand-use regulations and safe construc-
conditions must remain paramount. tion practices. The State has the cen-
FEMA shall assure that the ultimate tral role In resource management and
benefits to be gained through eifective in hazard mitigation throughout the
hazard mitigation programs are not di- State. Federal technical advice and as-
minished and remain a primary objec- sistance Is supplementary in nature.
(f) FEMA recognizes the heavy ad-
(c) FEMA shall provide technical ministrative workloads of local and
advice and assistance for hazard miti- State governments In coping with
gation to local or State governments major disasters or emergencies and. in,
and to certain private nonprofit orga- initiating any hazard mitigation pro-
nizations eligible for grant assistance grams. it will be sensitive to these ex-
under section 402(b) of the Act. Such Isting workloads. In developing any
technical advice and assistance shall proposed implemenation plan and pro-
be supplementary to that available cedures, FEMA's emphasis is to focus
from any other State or Federal agen- the efforts of all participants on
cies under their existing programs. achieving positive results in hazard
Technical advice may also be provided mitigation. It encourages Initiative by
for water conservation measures in af- State and local goverrunents within
fected areas short of water as the the context of their laws. regulations.
result of the major disaster or emer- and customs.
gency. (g) For all major disasters and emer-
(d) FEMA shall encourage local or gencies Involving actions or affecting
State governments to adopt safe land- in noodplains or wetlands appropriate
use regulations and construction prac- hazard mitigation measures'shall be
tices or standards. When such action is taken as required by FEMA's Flood-
taken, after the declaration of a major plain Management regulations (44
disaster or emergency. the Associate CFR Part 9).
Director may approve such regula- (h) Nonstructural disaster protection
tions. practices or standards as appli- methods or measures shall be fully
cable deviations as a condition for any considered and emphasized where con-
Federal grants under Section 402 of sistent with primary program pur.
the Act. When such action Is not poses of the Act.
taken. the Associate Director may still (1) As a condition for any grant for
prescribe appropriate standards as ap- federally assisted projects under sec-
plicable to federally-assisted projects tion 402 of the Act, the Associate Di-
resulting from the major disaster or rector has prescribed as a standard,
emergency being restored under Sec- floodproofing measures which the Re-
tion 402 of the Act. The Associate Di- gional Director determines are appro-
rector may also prescribe such stand- priate and practicable as disaster-
ards for prospective applicability to all prooring under E,O. 11988 for facilities
similar repairs or new construction of within the 100-year floodplain or for
facilities within the applicant's juris- critical facilities within the 500-ye&r
diction. In such Instances. the appli- noodplain.
cant shall be notified in writing by the (j) During hazard mitigation actions
Regional Director through the State involving water resources under this
of these prescribed standards and that subpart, the State shall be the focal
any future damages or destruction of point for water resource management.

365

162

1205-403 Tit[* 44--Emergomy Managenwnt and Assistance

(k) As a condition for any grant or gation planning as required by the Re-
loan under the Act for municipal gional Director in accordance with 44
water supply or waste water treatment CFR 205.403(e), 44 CFR 205.405. 44
facilities or systerns, appropriate Water CFR 205.410(b). and 44 CFR
conservation requirements shall be in- 205.411(c). The Regional Director may
cluded and any disincentives to water provide technical advice and assistance
conservation shall be removed. to local or State agencies for the pur-
pose of accomplishing hazard mJtiga-
1205.403 Rnponsibilities. tion. activities under this subpart. He/
(a) GeneraL After a declaration of a she shall review State evidence of com-
major disaster or emergency coordi- pliance with approved hazard mitiga-
nated effort of all participants is re- tion activities and shall provide to the
quired to identify the significant haz- Associate Director an after-action
ards and appropriate mitigation mea6s- report when all such hazard mitiga-
ures to cope with those hpmrdS. tion activities axe completed or termi-
(b) FEMA. The Regional Director nated. Because the Regional Director
shall Include appropriate provisiOnS requires that each applicant take ap-
for hazwd mitigation under this sub- propriate hv-- d mitigation measures
part in the Federal/State Agreement. as a condition for approval of a FEMA
He/she shall coordinate with the Gov- grant or loan. he/she shall follow up
ernor's Authorized Representative to g6ith the State to recover Federal
provide for a joint Federal/State team funding whenever an applicant fails to
to survey the disaster affected area satisfy any conditions upon which the
soon after a major disaster or emer- approval of the grant was based. The
gency declaration for these purposes: Regional Director may arrange for
(1) Identify significant hazards in other Federal agencies to participate
the affected area, giving priority to in hazard mitigation activities under
disaster-related hazards; this subpart.
(2) Evaluate the impacts of these (c) State. The Governor's Authorized
hazards and measures which will mlti- Representative is responsible for State
gate these impacts. and performance of hazard mitigation ac-
(3) Recommend appropri9te hazard tivities under the Federal/State
mitigatior@mtasures. Agreement and this subpart. He/she
The Regional Director s@all designate shall designate a State Hazard Mitiga-
a FEMA staff member to serve as tion Coordinator (HMC) to serve on
Hazard Mitigation Coordinator (HMC) the FEMA/State survey team and a
on the FEMA/State survey team and State planner to serve on the FEMA/
t4o confer with local, State and Federal State hazard mitigation planning
officials concerning these hazards and team. The Governor's Authorized
hazard mitigation measures. Based on Representative shall arrange for State
these consultations by the FEMA and local participation in FEMA/State
HMC and the Regional Director. and surveys and FEMA/State planning in
on decisions by local or State agencies the affected areas of the State for the
which may establish new or modified purposes stated above. The State
land use regulations or standards, the HMC shall arrange for consultations
Regional Director may recorrunend on the findin" and rer nunendatiorLs
that the Associate Director approve or from the Joir.- survey and shall follow
prescribe appropriate standards. The up to assure that timely and adequate
Regional Director shall also designate local and State hazard mitigation ac.
a FEMA planner to serve on the tions aLre taken. Whenever appropri-
FEAI&A/State planning team. Concur- ate. he'she shall arrange for State
rently with the FEMA/State survey fundinwor technical &ssistance to eli-
team activities. the FEMA planner gible applicants for the purposes of ac-
shall coordinate with the State plan- complishing State-approved hazard
ner designated by the Governor's Au- mitigation actions. He/she shall ar-
Lhorized Representative in working range for State inspection or audit to
with participating Federal. State. and verify compliance with approved
locO agencies, organizations or Indi- hazard mitigat,.'on measures. When
viduals in accomplishing hazard miti- these activities are completed in sc-

163

Chapter I-Fed*rol Emergency Management Agency 1205.404

cordance with the Federal/State under this subpart for a major disaster
Agreement. he/she shall submit a and emergency. clarification shall be
final report of compliance with hazard provided by amendment to the Feder-
mitigation requirements by State and al/State Agreement. The following is a
local governments to the Regional Di- typical paragraph:
rector for review and acceptance. Simi-
larly. the State planner shall work HAZARD MITIGATION CtAusz ADDzD To
with the FEMA plamer in accom- I F)WERAL-STATz AGRZ=LKT
plishing the tasks referenced in para- 'The State agrees that. as a condition for
graph (b) of this section. any Federal loan or grant. the State or the
(d) LocaL The applicant is responsi- applicant shall evaluate the natural hazards
ble for local performance of hazard in the areas in which the proceeds of the
mitigation measures under the Feder- grants or loans are to be used and shall
al/State Agreement and this subpart. make appropriate recommendations to miti.
Each applicant shall designate a local gate such hazards for federally assisted
Haza d Mitigation Coordinator (HMC) proJects. The State further agrees: (1) to
to work with the FF-%IA/State survey follow up with applicants. within State ca-
pabilities. to assure that, as a condition for
team as required by the State HMC. any grant or loan under the Act. appropri-
Working with the FEMA/State survey ate hazard mitigation actions are taken: (2)
tearn. the local HMC will assess the to prepare and submit not Wer-than 18D
damage within the local jurisdiction. days after the declaration to the Regional
The local HMC shall arrange for local Director for concurrence, hazard mitigation
participation in consultations with plan or plans for the designated areas, and
FEMA/State survey teams about (3) to review and update as necessary disas-
hazard mitigation actions under this ter-mitigation portions of the emergency
subpart. The local HMC is responsible plans.
for informing local officials and inter- The Regional Director agrees to make
ested citizens about sigrLificant survey Federal technical advice and amistance
available to support the planning efforts
team activities. He/she shall also col- and actions.
lect any local comments on these mat-
ters and report them to the State 6 205.404 Survey,.
RMC. (a) Damage amessments. Prior to a
With any project application. each aP- declaration of a major disaster or
plicant shall submit adequate assur- emergency, local. State and Federal
ances that any required hazard mitiga- preliminary assessments of damage
tion measures have been taken or will may identify major hA7- ds and op-
be completed. The applicant, to the portunities for hazard mitigation ac-
extent of its legal authority. is respon- tions. This Information will be trwis-
sible for Implementing and enforcing
land use regulations and safe corL%truc- mitted to the FEMA/State survey
tion practices which are conditions team as Indicated below. During the
agreed upon for FEMA grants or period Immediately following a major
loans. The applicant shall provide evi- disaster or emergency. each applicant
dence of compliance with conditions Is expected to use its resources and ca-
for any approved FEMA grants or pabilities as necessary to perform
loans as required by the Governor'3 emergency work, such as debris remov-
Authorized Representative. The sppil- al or emergency measures to save lives,
cant's local Authorized Representative or to protect public health and safety
shall also arTange for the applicant's or to protect property. The identifica-
planner to work with the FEIMA/State tion of hazards by the damage assess-
planning team In reviewing and updat- ment team and the performance of
ing existing hazard mitigation plans. the emergency work may result in sig-
or In developing new hazard mitiga- nificant hazard mitigation. Damage
t1on plans as may be scheduled by the Survey Reports (DSH) (see 44 CFR
Governor's Authorized Representative 205.114(d)) completed by Federal in-
and requested by the Regional Jjirec- spectors will also include identification
tor. of hazards and recom mendat ions of
(e) FederallState agreement When mitigation measures to be Incorporat-
neces.sary to clarify responsibilities ed in the repair work.

164

_T_AVJNW -1010 44-@-Imorg*ncy Management and Assistance-

(b) Survey activitin. After a declars- stion shall be given to the opportuni-
Lion of a major disaster or emergency, ties presented for effective hazard
the Governor's Authorized Repre- mitigation, the size and composition of
sentative shall schedule a briefing for the local government, the local gov-
State staff members about their par- ernment's authority to regulate land
ticipation in FEMA/State survey team use and to require safe construction
activities. practices, and the local goverrunent's
The survey team shall be made up of exercise of such authority. The Gover-
the FEMA HMC and the State HmC. nor's Authorized Representative, or
plus other Federal or State staff mem- Regional Director. may provide tech-
bers or consultants. This FEMA/State nical advice and assistance to State
survey team shall work with the ap- agencies or local governments in devel-
propriate local KMC. Utilizing the in- oping new plans or updating existing
formation from the preliminary plans to mitigate hazards Identified as
da.mage assessments. the DSR's re- the result of the major disaster or
ferred to above, and a]] other perti-. emergency within the Lffected areas.
nent information readily available, the (b) Objectives. The Identification of
survey team shall visit the sites of sig- hazards following a major disaster or
nificant damage to evaluate the haz- emergency and accomplishment of ap-
&rds. This evaluation may include in- proprJate hazard mitigation measures
vestigation of selected individual dam- are the short-term planning objectives
aged facilities plus re-sriew of applicable to be required by the Federal/State
land use regulations, construction Agreement. The Regional Director
standards, and other appropriate and the Governor's Authorized Repre-
hazard mitigation measures. The Fed- sentative shall -focus with highest pri-
eral/State survey team shall work ority on these objectives in verifying
with the local KMC and other local of- compliance with the Agreement as a
fidals as necessary during this evalua- condition for Federal loans or grants.
tion. The FEMA HMC shall supply (c) Mapping. The FEMA/State plan-
model regulations, suggested stand- ning team shall verify the impact of
&rdB, and other pertinent references the major disaster on disaster frequen-
for use by the survey team. For each cies computed prior to the major disas-
Identified significant hazard the ter through contacts sith agencies
survey Learn shall Include appropriate maintaining such records. This plan-
recommendations of hazard mitigation ning team shall also consider the ad-
measurps, In Its final. report (see 44 visability of redefining boundaries of
CFR 205.411(c)). high -hazard areas as the result of
their findings and shall make recom-
1205.405 Hazard mitigation plans. mendations to the Regional Director
(a) Plans. For each hazard-prone on any needs for new mapping or re-
area. the FEMA/State planning Learn mapping of high hazard areas.
shall review and evaluate existing (d) Schedules. In Its recommends-
local or State emergency plans for tions of appropriate hazard mitigation
hazard mitigation. Particular atten- measures. the planning team shall sug-
tion shall be given to the adequacy of gest target dates and schedules for be-
plans for warning and evacuation. In complLshment of each recommended
those cases where no such plans exist, measure.
this planning team shall report Its (e) Measures which relate only to
findings and recommendations con- specific construction projects shall be
oerning specific needs to develop and specified as conditiorm for approval of
maintain such plans. The Regional Di- applicable FWMA grants or loans.
rector shrJl require the State to Those hp.7,&rd mitigation measures
update existing State or local plans or which require other actions by appli-
to develop such new haz&rd mitigation cants for FEMA grants of loans shall
plans az he/she deems necessary in be reported by the FEWA/State
consultation with the Governor's Au- survey team to the Governor's Author-
thorized Representative. in detcrmin- Ized Representative. for referral to the
Ing whether to Impose such a require- FEMA/State plannig team or other
ment on a local government. consider- appropriate action.

368

165

Chaplet I-Federal Emergency Managomonf Agiancy 1205.407

1205.406 Hazard mitigation measures. model regulations may be necessary.
(a) GeneraL Certain types of actions Some re-mapping may frequently be
may be taken to achieve hazard miti. required. In certain cases. the existing
gation including: land use regulation may be adequate
(1) Avoidance. to cope with the identified hazards, if
(2) Reduction, and properly enforced. State. Fedeml. or
(3) Adoption and enforcement of private interests may propose model
land use regulations and of safe con- zoning regulations. but adoption and
struction practices. enforcement of such regulations
(b) Avoidance. For siting new con- remain with the responsible State or
struction of facilities or structures, 10- local government. Certain State or
cation outside of high hazard areas is Federal restrictions may be locally
the preferred solution. For each adopted and enforced by mutual
hazard Identified following a -major agreement, or as a condition for cer-
di ter or emergency, the -survey tain types of financial assistance. The
team shall assess the feasibility of survey team shall make its recommen-
avoidance of high hazard areas in dations based on field observations
cases where new construction, alter- and evaluation of hazards within the
ation, or major repairs are involved in affected areas. Consultations with the
restoration of damaged or destroyed applicant, the State HMC, and the
facilities. The survey Learn shall also FEMA HMC may then be necessary to
make specific recommendations con- identify the applicant's options for
cerning land use regulations and re- decisionmaking. The State or FEMA
zoning to achieve the objectives of HMC shall provide encouragement,
avoidance whenever appropriate. technical advice, and assistance to the
(c) Reduction. Reduction of the ef- applicant to adopt and enforce appro-
fects of hazards on facilities and priate land use regulations. The
people may be achieved by reducing FEMA/State planning team shall
the area or level of the hazard itself or follow up on contacts with the State
by reducing the impact of the hazard or local government if appropriate.
on individual facilities. Examples of (b) State land uje regulation3. For
the first are flood control projects State-owned properties out-side of local
such as dams. levees, floodwalls or jurisdictions. the responsible State
channel Improvements. In some situa- agency adopts and enforces land use
tions, these may be the only practica- regulations. In some cases. these.State
ble measures to protect facilities or regulations may serve as model regula-
structures already located in the flood- -tions for local govemments. The plan-
plain. Reducing the impact on a facili- ning team may make reconunenda-
ty may be accomplished by such meas- tions; on new State land use regula.
ures as installing shearwalls or bracing tIons for State lands and provide tech-
in buildings or installing check valves nica) advice and assistance to the
In utility lines in earth qu ak e-prone State for developing such regulations.
areas. In flood-prone areas, tie downs The State may require local adoption
may be used for mobile homes, lower of Statewide land use regulations as a
levels of building may be water- condition for State aid, such as gTants.
proofed. water damage resistant mat-- loans. or technical assistance.
rials may be used in reconstruction. or (c) Federal land u3e regulation.3. For
such lower levels may be restricted t4o federally owned lands outside of local
nonhazardous uses. )r State jurisdictions. the responsible
Federal agency adopts and enforces
6 205.407 Land use regulations. land use regulations which may serve
(a) Local zoning. Regulation of land as models for local or State regula-
use within Its jurisdiction Is normally tions In like circumstances. The
a function of local government. In FEMA/State planning team may en-
some cases. the local government may courage the Federal agency to adopt
have already adopted land use regula- land-use regulations currently used lo-
tions or zoning prior to a major disas- cally as being applicable to the Feder-
ter or emergency. ModificiLtion or up- al ptoperty. A Federal agency may re-
dating based on current maps and quire local or State governments to

369

166

205.408 Title 44-Em*rgency Management and Assisfanco

adopt and enforce certain hazard miti- step decisionmaking process for flood-
gation regulations as a condition for plain management. In those cases
Federal assistance or participation in where. a practicable 'alternative exists
federally assisted programs. For exam- outside the base floodplain. the Re-
ple. the National Flood Insurance Pro- gional Director shall decline to ap-
gram requires certain minimum flood- prove a FEMA grant or loan unless
plain management regulations for par- the facility or structure is relocated.
ticipation by State or local govern- The Regional Director may take simi-
ment. Executive Order 11988 also im- lar action for other types of disasters.
poses additional constraints on Feder- such as tornadoes or earthquakes.
al grants or loan assistance within the where a practicable alternative exists
noodplains. After reviewing a project outside the high hs-rd area. Under
application in accordance with the Act, the Associate Director may
FEMA,s Floodplain Management regu- prescribe appropriate standards as ap-
lations (44 CFR Part 9). the Regional plicable. for FEMA assisted projects as
Director may determine that no prac- the result of a major disaster or emer.
ticable alternative to locating In the gency. as discussed in 44 CFR
noodpialn exists. The Regional Direc- 205.402(d). When the Regional Direc-
tor then shall require appropriate tor determines that restoration of a
measures to minimize harm to the Ia. darnaged or destroyed facility in a
cility. to other property and to the hazard area is not a practicable alter-
floodplain and to preserve and restore native, he/she may decline to author-
the natural and beneficial values of ize FEMA disaster assistance to re-
the floodplain. Non-structural uses of store facilities at the original site, or
noodplaim and wetlands, such ILS open within the hazard area where such
space and parks, shall be encouraged facilities are subject to repetitive
whenever practicable. Coastal zone heavy darnages or destruction. When
management plans impose similar re- an applicant decides to relocate facili-
quirements for local, State. and Feder- ties being restored under Section 402
al floodplain management regulation. of the Act outside of a high hazard
As model hazard mitigation regula- area, purchase and development of the
tlons become available to cope with site is the applicant's responsibility.
other types of major disasters or emer- The Regional Director may approve
gencies including earthquakes, wind. Federal grant assistance for perma-
storms, and Tires, the survey team may nent restoration of eligible facilities
recommend them as requirements for
federally assisted projects. or for adop- erected on the new site: Provided. that
tion and enforcement by applicants the Regional Director determines that
for Federal grant or loan assistance. the Federal grant assistance for such
Survey or planning teams shall make project is practicable and in the public
findings and recommendations as ap- interest.
propriate for development or updating 6 205.408 Construction prwtices.
of model h-Q--wrd-mitigatlon regula-
tions by various Federal agencies for (a) GeneraL In certain cases, perma-
mitigation of hazards identified fol- nent repairs, alterations, or new con-
lowing a major disaster or emergency. struction to predisaster design may
The FEMA planner may arrange for not provide usable facilities or struc-
Federal technical advice and assist- tures safe from identified hazards. Al-
ance to local or State governments in ternate actions available are reloca-
.modifying model land use regulations tion: restorative work to conform to
t,6 satisfy local requirements. updated safe constructJon practices; or
(d) FEMA land use standards. As the no approval for Federal funding of the
result of a major disaster or ernergen- proposed work. For FEMA-assisted
cy, the Regional Director may deter- projects under the Act, the applicant's
mine that there Is no practicable alter- decision on standards for restorative.
native to 'permitting approval of a work shall be subject to review and ap-
grant or loan for an action within a proval by the Governor's Authorized
high hazard ares. For example. refer Representative and the Regional Di-
to 44 CFR Part 9 covering the eight- rector. In identifying hazards and in

370

167

Chapter I-Foderal Emergency Management Agency 205.408

Its damage evaluation, the survey may serve as a model for similar action
team sh&U inventory existing con- by local governments. As a condition
struction practices or standards relat- for State approval of grant or loan as.
ed to damaged or destroyed facilities sistance as the result of a major disas-
and may recom end adoption and en- ter or emergency. the Governor's Au-
forcement by each applicant of addi- thorized Representative may recom-
tional safe construction practices. mend to the Regional Director that
(b) Local standards. When a major the Associate Director prescribe cer-
dfsaster or emergency occurs. the tain standards for the FEMA-assisted
FEMA/State survey team shall Inven- project for hazard mitigation pur-
tory and evaluate the standards al- poses. The State HMC may also pro-
ready adopted by the applicants for vide technical advice and assistance on
the types of repairs, reconstruction, or hazard mitigation measures to appli-
restorative work for which Federal cants, private organizations, and indi-
grant or loan assistance is being re- viduals.
quested. During the field surveys this (d) Federal standards. (1) For feder-
team, or the F`EMA/State planning ally owned buildings, structures. or
team may also have model State or facilities outside local or State juris-
Federal standards available foX consid- dictions. the responsible Federal
eration by the applicants. Such stand- agency adopts and enforces applicable
ards for new construction may be dif- Federal standards. These may serve as
ferent from those for repairs or alter- models for local or State adoption and
ations to existing facilities or struc- enforcement In similar circumstances.
tures. Federal or State agencies may (2) The National Flood Insurance
provide technical advice and assistance Program (NFIP) prescribes certain
to local governments. particularly in Federal standards for repairs, alter-
the form of model standards to be ations, and new construction within
modified for local use. In discussions noodplaims as a condition for accept-
of hazard mitigation measures, the ance of a flood-prone community
survey team or the planning team may within that program. The Associate
develop appropriate recommendations Director has prescribed as a standard,
to the applicant for updating existing floodproofing measures which are ap-
standards, or for adopting new ones. propriate as disaster proofing and
As the result of the major disaster or practicable under E.O. 11988 for facili-
emergency, each applicant has the re- ties within the 100-year floodplain or
sponsibility for adopting or updating for critical facilities within the 500-
appropriate standards and for enforc- yearnoodplain. For other types of dis-
Ing them. Such local action for non- asters, similar standards for hazard
federally funded projects shall be en- mitigation may be available and ap-
couraged by the survey team and the propriate for local, State and Federal
planning team working together for a use.
common purpose. An applicant may (3) The FEMA/State survey team.
request State or FEMA technical and the planning team, shall be aware
advice and assistance in taking these of existing standards and shall recom-
actions. A new standard which the ap- mend appropriate examples to appli-
plicant submits for approval by the cants for consideration as hazard miti-
Associate Director shall Include the gation related to the major disaster or
scope of application of the standard; emergency.
that is, whether the standard covers (e) FEMA standards. Working with
all public facilities or certain federally the State and applicants. through the
funded projects only. The standard survey team and the planning _ team.
shall also be accompanied by a descrip- the Regional Directors shall encour-
tion of local or State enforcement pro- age local adoption and enforcement on
cedures. all projects. including non-federally as-
(c) State standards. For State-owned sisted projects. of appropriate stand-
buildings. structures. or facilities out- ards for hazard mitigation. When a
side local jurisdictions, the responsible local or State government takes such
State agency adopts and enforces ap- action. the Regional Director may rec-
plicable standards. In some cases these ommend that the Associate Director

371

168

"&409 Title 44-Em*rgoncy Management and Assistance

approve such standards as applicable request such arrangements when de-
for FIMA-assisted projects, after W sired.
propriate consultations within FEMA, W Planning tearL Similarly. mem-
with local and State officials. and with bers of the FEMA/State planning
appropriate elected officials of general team. in coordination with the survey
purpose locaJ governments. Based on team. shall make contacts and have
these consultations and all available consultations with various applicants
information. the Associate Director or their planners as the planning team
may approve such standards as devi- may require to accomplish its assigned
ations applicable to FEMA assisted tasks.
projects. When the local or State gov- (d) Meetings. After the declaration
errunent declines to adopt and to en- of a major disaster or emergency. the
force them for non-FEMA-awisted Governor's Authorized Representa-
projects, the Associate Director, after tive, in coordination with the Regional
appropriate FEMA. State and local Director. schedules one or more meet-
consultations, may prescribe appropri- ings with local and State officials rep-
ate standards which are applicable resenting potentiaJ applicants for Fed-
only to FEMA assisted projects. Refer eral assistance. These are generally
also to 44 CFR 205.402(d). The Re- known as "Applicant's Briefings". At
gional Director may then approve these meetings FEMA and State staff
FM&A gTant or loan assistance to members brief these local and State
enable the applicant to comply with officials on FEMA'policies and proce-
them on FEMA assisted projects. The dures for Federal grant or loan assist-
Regional Director may suspend or ance under the Act. The Governor's
refuse to approve any project applica- Authorized Representative may ar-
tion until he/she is satisfied that the range for the survey team and the
approved work will result in a facility planning teaLm to participate in these
or structure safe and usable for the briefings when desirable. The FEMA/
predisaster functlon, or for alternate State survey Learn and the planning
functions proposed as flexible funding team will normally schedule followup
by the applicant in accordance with, meetings later to'discuss hazard miti-
these regulations. (See 44 CFR 205 gation measures with State and local
Subpart H for an explanation of fund- officials. When nece&sary under
Ing options.) FEMA's regulations pertaining to
floodplain management and environ-
11205.409 Confultations. mental review (44 CFR Parts 9 and 10)
(a) General. It is the Intent of these early public notice may be given of
regulations to provide opportunity for pending Federal actions. Based on the
State and local officials and interested responses to such public notice. or
individuals to participate in the when otherwise appropriate, the Re-
hagard mitigation process. At various gional Director may request the Gov-
points in the process, consultations emor's Authorized Representative to
and meetings with the FEMA/State schedule public hearings for purposes
survey tearn or planning team will pro- of consultation with interested parties
vide input from these sources as de- on hsk- d mitigation measures or
tailed in the following paragraphs. problems. . .
(b) Survey teanL Members of the (e) Project Managentent. Normal
survey Ueam shall make frpquent con- FEMA procedures for damage survey
tacts and have c nsultatio_s with var- reports. project applications, final In-
lous applicants until the field surveys spections. audits, and final payments
are completed and appropriate hazaxd require local, State. and Federal con-
mitigation measures are recommend- tacts and coordination. Appeal proce-
ed. The State HMC is responsible dures provide for further reviews and
under the Federal/State Agreement to consultations of all interested parties
arrange for appropriate consultations Including the Associate Director and
and notices to Inform the public on his/her staff. These procedures pro-
those decislorunaking processes In- vide documentation to support the
volved in the work of the survey team. hazard mitigation measures taken
An applicant or the VEMA HMC may under section 406 of the Act.

372

169

Chapter t-F*doral Emergency Management Agency � 203.411

1205.410 Compliance. governments to the Regional Director
(a) FederallState Agreement Re- for review and acceptance.
.quirements for evidence of compliance g 205.41, Evaluation.
may vary for each major disaster or
emergency depending on its nature, se- (a) Critiques. If requested by the Re-
verity. and magnitude as wen as on gional Director, the Governor's Au-
variations in the resources. capabili- thorized Representative shall arrange
ties, organization. and staffing of the for a special critique of haza d mitiga-
local and State goverrunents. Any spe- tion plans and actions as the result of
cific requirement for State evidence of the major disaster or emergency. Each
compliance with hazard mitigation applicant shall be notified of the cri-
measures may be spelled out in the tique and may be invited to particl-
Federal/State Agreement. pate. As an alternative. a critique of
(b) Plans. Review and acceptance of hazard mitigation plans and actions
hazard mltigation'plans submitted by may be scheduled to be covered at the
the applicant or by the State in ac- FEMA/State critique covering all dis-
corda.nce with the Federal/State aster assistance activities as the result
Agreement provides the Governor's of the major disaster or emergency.
Authorized Representative in coordi- (b) Final survey team report Prior
nation with the Regional Director op- to terminating the survey team activi.
portunities to schedule spot inspec- ties, the FEMA HMC and State RMC
tions, audits. and follow-up consulta- shall prepare a joint report of their ac-
tions. Through these activities, com- tivities and recommendations to the
pliance with hazard mitigation objec- Governor's Authorized Representative
tives. schedules, and commitments and to the Regional Director.
may be verified. (c) Final planning team reporL
(c) Project Administration. As a con- Upon completion of Its assigned mis-
dition for approval of a project appli- sion. as discussed in 44 CFR 205.405.
cation. and subsequently for approval the FEMA/State planning team shall
of a voucher for final payment, the make a final report of its activities,
Governor's Authorized Representative findings and recommendations to the
and the Regional Director shall re- Regional Director through the Gover-
quire documentation of required nor's Authorized Representative. This
hazard mitigation measures, including final report shall specifically identify
compliance with applicable land use any remaining planning requirements
regulations or construction standards. for hazard mitigation as the result of
In making Final Inspection Reports the major disaster or emergency re-
Federal and State im.-ectors shall b; quiring State or FEMA followup.
specifically asked to verify compliance
by the applIcant with approved hazard (d) Follow-up actions. The Regional
mitigation standards. Similarly. audi- Director shall review the reports from
tors shall be required to verify such the survey team and the planrdng
compli&nce'in their audit reports. team plus the report of compliance
(d) Reporting. The Regional Direc- from the Governor's Authorized Rep-
tor may specify In the Federal/State resentative. The Regional D.;-ector's
Agreement that the State provide re- report to the Associate Director shall
ports of compliance with approved focus on the positive results achieved
hazard mitigation plans or actions. through hazard mitigation plans and
The Governor's Authorized Repre. actions as the result of the major dis-
sentative may also require such prog. aster or emergency. He/She also shall
ress reports from each applicant or provide in the report specific findings
he,/she may submit one comprehen- and recommendations for Federal
sive report when scheduled. Prior to follow-up action which should be
termination of the Federal/State taken after termination of the Feder-
Agreement, the Governor's Authorized M/State Agreement to provide mitiga-
Representative shall submit a final tion of such hazards as the result of
report of compliance with hazard miti- future disasters. The Associate Direc-
gation requirements by State and local tor may then arrange for appropriate

373

170

2. Emergency Relief for Federal-Aid Roads,23 C.F.R. � � 668.101 to 668.113
(Pursuant to 23 U.S.C.A. � 125.)

PART 668-EMERGENCY RELIEF
PROGRAM

Subpart A-Procedures for Federal-Aid
Highways

Sec.
668.101 Purpose.
668.103 Definitions.
668.105 Policy.
668.107 Federal share payable.
668.109 Eligibility.
668.111 Application procedures.
668.113 Program procedures.

Subpart B-Procedures for Federal Agencies
for Federal Roads

668.201 Purpose.
668.203 Definitions.
668.205 Policy.
668.207 Federal share payable from emer-
gency fund.
668.209 Eligibility of work.
668.211 Notification, damage assessment,
and finding. I
668.213 Application procedures.
668.215 Programing and project proce-
dures.

171

� 668.101 Title 23-Highways

Subpart A-Procedures for Federal- earthquake, or landslide which causes
Aid Highways serious damage.
(f) "Proclamation". A declaration or
Authority: 23 U.S.C. 101. 120(f). 125, and emergency by the Governor of the af-
315; 42 U.S.C. 5155:49 CFR 1.48(b). fected State.
Source: 43 FR 59483. Dec. 21. 1978. unless � 668.105 Policy.
otherwise noted.
(a) The emergency relief program is
�668.101 Purpose. Intended to aid States and their politi-
This regulation establishes policy cal subdivisions to pay unusually
and provides program guidance for the heavy expenses resulting from a natu-
administration of emergency funds for ral disaster over a wide area or cata-
the repair or reconstruction of Feder- strophic failure. Emergency funds are
al-aid highways, which are found to not intended to supplant other funds
have suffered serious damage by natu- for correction of preexisting, nondisas-
ral disasters over a wide area or cata- ter related deficiencies. The expendi-
strophic failures. Guidance for appli- tures of these funds for emergency
cation by Federal agencies for recon- repair shall be in such a manner so as
struction of Federal roads is contained to reduce, to the largest extent feasi-
in 23 CFR Part 668. Subpart B. ble, the cost of permanent restoration
work.
� 668.103 Definitions. (b) The availability of emergency
In addition to those contained In 23 funds to repair or restore damaged
U.S.C. 101(a), the following definitions highways resulting from a natural dis-
shall apply as used in this regulation: aster shall be based oil the combina-
(a) "Applicant". The State highway tion of the extraordinary character of
agency is the applicant for Federal as- the natural disturbance and the wide
sistance under 23 U.S.C. 125 for State area of impact. Storms of unusual in-
highways and local roads and streets tensity occurring over a small area will
which are a part of the Federal-aid not meet the above conditions.
highway system.
(c) Diligent efforts shall be made to
(b) "Catastrophic failure". The recover repair costs from the legally
sudden failure of a major element or responsible parties to reduce the
segment of the highway system which project costs where catastrophic dam-
is not primarily attributable to gradu- ages are caused by ships, barge tows.
al and progressive deterioration or highway vehicle, vehicles with illegal
lack of proper maintenance. The clo- loads, and similar improperly con-
sure of a facility because of imminent trolled objects or events.
danger of collapse is not in itself a (d) Emergency funds shall not dupli-
sudden failure. cate assistance under another Federal
(c) "Emergency repairs". Those re- program or compensation from insur-
pairs including temporary traffic oper- ance or any other source. Partial com-
ations undertaken during or immedi- pensation for a loss by other sources
ately following the disaster occurrence will not preclude emergency fund as-
for the purpose of: sistance for the part of such loss not
(1) Minimizing the extent of the compensated otherwise.
damage; (e) The processing of emergency
(2) Protecting remaining facilities; or relief requests shall be given prompt
(3) Restoring essential travel. attention and shall be given priority
(d) "Federal roads". Forest high- over nonemergency work.
ways. forest development roads and (f) Emergency relief projects shall
trails. park roads and trails. parkways, be promptly constructed. Any project
public lands highways, public lands de- that has not advanced to the construc-
velopment roads and trails, and Indian tion obligation stage by the end of the
reservation roads. second fiscal year following the year
(e) "Natural disaster" An unusual in which the disaster occurred will not
natural occurrence, such as a flood, be advanced unless suitable justifica-
hurricane, severe storm. tidal wave, tion to warrant retention is furnished

314

172

Chapter I-Federal Highway Administration � 668.111

to the Federal Highway Administra- (2) Restoration of stream channels
tion (FHWA). outside the highway ROW when:
(g) Permanent repair and recon- (i) The public highway agency has
struction work shall be done by the responsibility for the maintenance and
contract method where feasible. It is proper operation of the stream chan-
in the public interest to perform emer- nel section; and
gency repairs either by force account, (ii) The work is necessary for satis-
or by the contract method. factory operation of the highway
system involved.
� 668.107 Federal share payable. (3) Actual PE and construction engi-
(a) The Federal share payable for neering costs on approved projects.
repair or reconstruction of Federal (4) Emergency repairs,
roads Is 100 percent of the cost. (5) Temporary operations, including
(b) The Federal share payable for emergency traffic services such as
repair or, reconstruction of highways flagging traffic through Inundated
on the Federal-aid system, including sections of highways, undertaken by
the Interstate System, shall ordinarily the applicant during or immediately
not exceed 75 percent of the cost following the disaster.
thereof, or the appropriate sliding (6) Betterments, such as relocation,
scale rate in Clause (A) of 23 U.S.C. replacement, upgrading or other
120(a) for Public Lands States. When added features not existing prior to
special circumstances warrant, the the disaster, only where clearly eco-
Federal Highway Administrator may nomically justified to prevent future
determine It to be in the public inter- recurring damage. Economic justifica-
est to increase the Federal share. tion must weigh the cost of the better-
State highway agency requests for an ment against the risk of eligible recur-
increase over the normal pro rata ring damage and the cost of future
share must include information to repair.
demonstrate the inability of the State (c) Replacement highway facilities
and local political units to bear the are appropriate when it is not techni-
usual non-Federal share of highway cally and economically feasible to
repairs. A determination of public in- repair or restore a damaged element to
terest will be based largely on the its predisaster condition and are limit-
effort expended by the State and local ed in emergency relief reimbursement
agencies to meet the total emergency. to the cost of a new facility to current
design standards of comparable capac-
� 668.109 Eligibility. ity and character to the destroyed fa-
(a) The eligibility of all work is con- cility. With respect to a bridge, a com-
tingent upon approval by the Federal parable facility is one which meets
Highway Administrator of an applica- current geometric and construction
Lion for emergency funds and inclu- standards for the type and volume of
sion of the work in an approved pro- traffic it will carry during its design
grain of projects. life.
(1) Prior FHWA approval or authori- (d) Emergency funds may partici-
zation is not required for emergency pate to the extent of eligible repair
repairs and preliminary engineering costs when proposed projects contain
(PE). betterments or other work not eligible
(2) Permanent repairs or restoration for emergency funds.
must have prior FHWA program ap-
proval and authorization, unless done � 668.111 Application procedures.
as part of the emergency repairs. (a) Notification. As soon as possible
(b) Emergency funds may partici- after occurrence of the disaster, the
pate In: applicant shall notify the FHWA Divi-
(1) Repair to or reconstruction of se- sion Administrator of its plans to
riously damaged highway elements apply for emergency funds. The notifi-
within the right-of-way (ROW) limits, cation may be either a tentative notice
including necessary clearance of debris of intent to apply or an application for
and other deposits in drainage courses. emergency funds.

315

173

� 668.113 Title 23-Highways

(b) Application. Before funds can be (ii) Bids are solicited from a reason-
made available an application for able number of contractors or material
emergency relief must be made to, and supply companies.
approved by, FHWA. Applications
shall be submitted to the FHWA Divi- Subpart B-Procedures for Federal
sion Administrator. The application Agencies for Federal Roads
shall include:
(1) A copy of the Governor's procla- Authority: 23 U.S.C. 120(f), 125, and 315;
mation or request for a Presidential 41 U.S.C. 252; 42 U.S.C. 5155; 49 CFR
proclamation (neither is required 1.48 (b).
where Federal roads only are in-
volved). Source: 43 FR 59485, Dec. 21, 1978, unless
(2) Information on the natural disas- otherwise noted.
ter or catastrophic failure including a
description of: � 668.201 Purpose.
(i) The affected area;
(ii) Types of damage to highways for To establish policy, procedures,and
which assistance is requested; and program guidance for the administra-
(iii) Preliminary estimate of the tion of emergency relief to Federal
total cost of repairs. agencies for the repair or reconstruc-
(3) When appropriate, the State's re- tion of Federal roads which are found
quest for an increase in the Federal to have suffered serious damage by a
share of funding of eligible costs with natural disaster over a wide area or by
the supporting data as provided in catastrophic failure.
paragraph (b) of � 668.107.
(c) Approval of Application. The � 668.203 Definitions.
Federal Highway Administrator's find-
ing of eligibility under 23 U.S.C. 125 (a) "Applicant". Any Federal agency
shall constitute approval of the appli- which submits an application for
cation. emergency relief and which has au-
thority to repair or reconstruct Feder-
� 668.113 Program procedures. al roads.
(b) "Betterments". Added protective
(a) Immediately after approval of an features, such as, the relocation or re-
application, the FHWA Division Ad- building of roadways at a higher eleva-
ministrator will notify the applicant to tion or the extension replacement or
proceed with preparation of a program raising of bridges, and added facilities
of projects. The program should be not existing prior to the natural disas-
submitted to the FHWA Division Ad- ter or catastrophic failure such as ad-
ministrator within 3 months of receipt ditional lanes, upgraded surfacing, or
of this notification. Program data structures.
should be kept to a minimum, but suf- (c) "Castastrophic failure". The
ficient to identify the approved disas- sudden failure of a major element or
ter or catastrophe and to permit a de- segment of a Federal road which is not
termination of the eligibility and pro- primarily attributable to gradual and
priety of proposed work. progressive deterioration or lack of
(b) Project procedures. proper maintenance. The closure of a
(1) Projects shall be processed in ac- facility because of imminent danger of
cordance with regular Federal-aid pro- collapse is not in itself a sudden fail-
cedures except as modified herein or ure.
approved Certification Acceptance (d) "Emergency repairs". Those re-
procedures where applicable. pairs, including necessary preliminary
(2) Simplified procedures. Including engineering (PE), construction engi-
abbreviated plans should be used neering (CE), and temporary traffic
where appropriate. operations, undertaken during or im-
(3) The FHWA may approve a mediately after a natural disaster or
waiver of the advertising requirement catastrophic failure (1) to restore es-
if: sential travel, (2) to protect remaining
(i) Such procedures are authorized facilities, or (3) to minimize the extent
by State or local law: and of damage.

316

174

3. Disaster Assistance for Crisis Counseling and Training: 42 C.F.R. � �
38.1 to 38.9 (Pursuant to Section 413 of the Disaster Relief Act).

� 38.1 Title 42-Public Health

of decreased miner) do hereby authorize the
performance of an autopsy
(---------------) (Limitation, if any, on -------------------------
autopsy) on said decreased. I understand
that the report and certain tissues as neces-
sary will be released to the United States PART 38-DISASTER ASSISTANCE
Public Health Service and to FOR CRISIS COUNSELING AND
----------------- (Name of Physician secur- TRAINING
ing autopsy)
I understand that any claims in regard to Sec.
the decreased for which I may sign a general 38.1 Purpose: coordination.
release of medical information will result in 38.2 Definitions.
the release of the information from the 38.3 Assistance; procedures, limitations.
Public Health Service, I further understand 38.4 Contracts.
that I shall not make any payment for the 38.5 Grant assistance.
autopsy. 38.6 Nondiscrimination.
38.7 Nonliability.
Occupational and Medical History 38.8 Criminal and civil penalties.
1. Date of Birth of Deceased ----------. 38.9 Federal audits.
(Month, Day, Year)
2. Social Security Number of Deceased Authority: Sec. 413. Pub. L. 93 288. The
-------------------. Disaster Relief Act of 1974, 88 Stat. 157.42
3. Date and Place of Death ------------. U.S.C. 5183, EO 11795, 39 FR 25039, as
(Month, Day, Year) ----------------(City. amended by EO 11910, 41 FR 15681.
County, State).
4. Place of Last Mining Employment: Source: 41 FIR 52052. Nov. 26. 1976. unless
Name of Mine ----------------------------- otherwise noted.
Name of Mining Company -------------------
Mine Address -----------------------------
5. Last Job Title at Mine of Last Employ- � 38.1 Purpose; coordination.
ment -------------------------------------
(e.g. Continuous Miner Operator, motor- (a) Purpose. This part establishes
man, foreman, etc.) standards and procedures for the im-
most number of years) -------------------- plementation of Section 413 of Pub. L.
6. Job Title of Principal Mining Occupa- 93-288, the Disaster Relief Act of 1974
tion (that job to which miner devoted the (42 U.S.C. 5183) which authorizes the
most number of years) ------------------- provision, either directly or through
(e.g.. Same as above) financial assistance to State or local
7. Smoking History of Miner: agencies or private mental health or-
(a) Did he ever smoke cigarettes? Yes -- ganizations, of:
No --------------------------------------- (1) Professional counseling services
(b) If yes, for how many years? -------- to victims of a major disaster in order
Years. to relieve mental health problems
(c) If yes, how many cigarettes per day did caused or aggravated by such a major
he smoke on the average? ----------------- disaster or its aftermath; and
(Number of) (2) Training of disaster workers to
Cigarettes per day. provide or assist in providing those
(d) Did he smoke cigarettes up until the professional counseling services.
time of his death? Yes --- No --- (b) Coordination. The Secretary,
(e) If no to (d). for how long before he acting through the National Institute
died had he not been smoking cigarettws? of Mental Health, will, as provided in
8. Total Years in Surface and Under- 24 CFR 2205.51, carry out section 413
ground Employment In Coal Mining, by of the Act and this part in coordina-
State (If known) ---. (Years) ----------- tion with and under the general policy
(State). guidance of, the Administrator of the
9. Total Years In Underground Coal Federal Disaster Assistance Adminis-
Mining Employment, by State (If known) tration. Contracts and grants awarded
---.(Years)----------(State). under this part are subject to all appli-
cable provisions of the Act and the im-
(Signature) plementing regulations promulgated
by the Administrator (24 CFR Part
(Address) 2205).

(Date)

166

175

Chapter I-Public Health Service � 38.3

� 38.2 Definitions. the Act above and beyond emergency
All terms not defined herein shall services by the Federal Government,
have the same meaning as given them to supplement the efforts and availa-
in the Act. As used in this part: ble resources of the States, local gov-
(a) "Act" means the Disaster Relief ernments, and disaster relief organiza-
Act of 1974 (42 U.S.C. 5121 et seq.). tions, in alleviating the damage, loss,
(b) "Administrator" means the Ad- hardship, or suffering caused thereby.
ministrator, Federal Disaster Assist- (j) "Regional Director" means a di-
ance Administration (FDAA). Depart- rector of a regional office of the Fed-
ment of Housing and Urban Develop- eral Disaster Assistance Administra-
ment, and any other person to whom tion (FDAA).
he delegates the authority. (k) "Secretary" means the Secretary
(c) "Contractor" means any public of Health and Human Services and
agency or private mental health orga- any other officer or employee of the
nization which, pursuant to this part, Department of Health and Human
contracts with the Secretary to pro- Services to whom the authority in-
vide professional mental health crisis volved has been delegated.
counseling services or to provide (l) "State" means any of the fifty
mental health training for disaster States, the District of Columbia.
workers. Puerto Rico, the Virgin Islands.
(d) "Crisis" means the existence of Guam, American Samoa, the Canal
any life situation resulting from a Zone, or the Trust Territory of the Pa-
major disaster or its aftermath which cific Islands.
so effects the emotional and mental (m) "State Coordinating Officer"
equilibrium of a disaster victim that means the person appointed by the
professional mental health counseling Governor to act in cooperation with
services should be provided to help the appointed Federal Coordinating
preclude possible damaging physical Officer.
or psychological effects. (n) "Training" means the specific in-
(e) "Disaster workers" means mental struction which may be required to
health specialists such as psychia- enable disaster workers to provide pro-
trists, psychologists, psychiatric fessional mental health crisis counsel-
nurses, social workers, or qualified ing to victims of a major disaster or its
agents thereof. aftermath.
(f) "Federal Coordinating Officer"
means the person appointed by the
Administrator to coordinate Federal �38.3 Assistance; procedures, limitations.
assistance in a major disaster. (a) Application. In order to obtain
(g) "Governor" means the chief ex- assistance under this part, the Gover-
ecutive of a State. nor or his State Coordinating Officer
(h) "Grantee" means any public must, not later than 60 days following
agency or private nonprofit mental a major disaster declaration by the
health organization which, pursuant President, file with the a appropriate
to this part, is awarded a grant for the Regional Director a request which in-
purpose of providing professional cludes:
mental health crisis counseling serv- (1) An estimate of the number of dis-
ices or mental health training for dis- aster victims who may need profes-
aster workers. sional mental health crisis counseling
(i) "Major disaster" means any hur- services and of the number of disaster
ricane, tornado, storm, flood, high- workers who may need training in the
water, wind-driven water, tidal wave, provision of such services;
tsunami, earthquake, volcanic erup- (2) Identification of the geographi-
tion, landslide, mudslide, snowstrom, cal areas in which the need exists;
drought, fire, explosion, or other ca- (3) An estimate of the period during
tastrophe in any part of the United which assistance under this part will
States which, in the determination of be required and of the total funds
the President, causes damage of suffi- which will be required to provide such
cient severity and magnitude to war- assistance;
rant major disaster assistance under

167

176

� 38.4 Title 42-Public Health

(4) A description of the types of �38.1 Contracts.
mental health problems caused or ag-
gravated by the major disaster or its (a) Eligibility. Public agencies and
aftermath; and private mental health organizations
(5) Identification of the State and which are determined by the Secre-
local agencies and private and mental tary to be capable of providing the
health organizations capable of pro- professional mental health crisis coun-
viding professional mental health seling services or mental health train-
crisis counseling to disaster victims or ing of disaster workers needed as a
training of disaster workers. result of a major disaster are eligible
for the award of a contract under this
(b) Review, approval. The Secretary, part.
upon notification by the Administra- (b) Use of local agencies; Preference
tor of a State request for assistance will be given to the extent feasible and
under this part, will conduct a review practicable, to those agencies and or-
to determine tile extent to which such ganizations which are located or do
assistance is needed to supplement as- business primarily in the area affected
sistance programs Provided by State by the major disaster.
and local governments and private or- (c) General Requirements. Contracts
ganizations and, on the basis of that under this part shall be entered into
review, prepare and submit a recom- and carried out in accordance with the
mendation and report for considera- provisions of Chapters 1 and 3 of Title
tion by the Administrator. Upon ap- 41 of the Code of Federal Regulations
proval by the Administrator and his and all other applicable laws and regu-
advancement of funds for carrying out lations.
the approved assistance, the Secretary (d) Payments. The Secretary shall
may. within the limits of the funds ad- from time to time make payments to
vanced, provide the approved services the contractor of all or a portion of
either directly or through a grant or the contract award, either by way of
contract. reimbursement for expenses incurred
(c) Eligibility for services. (1) In or in advance for expenses to be in-
order to be eligible for the profession- curred, to the extent he determines
al mental health crisis counseling serv- such payments are necessary to pro-
ices available under this part an indi- mote prompt initiation and advance-
vidual must: merit of the services to be provided
(i) Have been located within the des- under the contract. All payments not
ignated major disaster area or have expended by the contractor within the
been a resident of such area at tile, period of the contract shall be re-
time of. the major disaster or its after. turned to the Secretary.
math; and (e) Reports. Contractors shall submit
(ii) Have a mental health problem the following reports to the Secretary:
which was caused or aggravated by the (1) Progress reports. to be submitted
major disaster or its aftermath. at the end of the first 30 days of the
(2) Disaster workers who are availa- contract period and every 30 days
ble on short notice to provide profes- therafter;
sional mental health crisis counseling (2) A final report to be submitted
services in a major disaster area are within 60 days of the date upon which
eligible for training under this part. the contract terminates; and
(d) Time limitation. Contracts and (3) Such additional reports as the
grants awarded under this part will Secretary may prescribe including
not continue beyond 180 days after those which may be required to enable
the first day services are provided pur- the Federal Coordinating Officer to
suant to such contracts and grants, carry out this functions.
except that upon the recommendation
of the Secretary (1) the Regional Di- � 38.5 Grant assistance.
rector may extend tile 180 day period (a) Eligibility. Public agencies and
for up to 30 days or (2) the Adminis- private nonprofit mental health orga-
trator may extend the 180 day period nizations which are determined by the
for more than 30 days. Secretary to be capable or providing

168

177

Chapter I-Public Health Service � 38.8

the professional mental health crisis 45 CFR Part 86 Nondiscrimination on
counseling services or mental health the basis of sex in federally assisted pro-
training of disaster workers needed as grams
a result of a major disaster are eligible 45 CFR Part 91 -Nondiscrimination on
the basis of age in federally assisted pro-
for a grant award under this part. grams
(b) Application. The application
shall contain: (e) Expenditure of grant funds. Any
(1) A proposed plan for the provision funds granted pursuant to this part
of the-services for which grant assist- shall be expended solely for (fie pur-
ance is requested: poses for which the funds were grant-
(2) A proposed budget for the ex- ed in accordance with the approved
application and budget, the regula-
penditure of the requested grant tions of this part, the terms and the
funds; and conditions of the award. and the appli-
(3) Such other pertinent informa- cable cost principles prescribed in Sub-
tion and assurances as the Secretary part Q of 45 CFR Part 74.
may require. (f) Reports. In exceptional circum-
(c) Grant awards. (1) Preference will stances, a grantee may be required to
be given, to the extent feasible and submit special progress reports, in ad-
practicable, to those public and pri- dition to those otherwise required, re-
vate nonprofit agencies and organiza- lating to the conduct and results of
tions which are located or do business the approved grant.
primarily in the area affected by the [4] FR 52052. Nov. 26, 1976. as amended at
major disaster. 45 FR 57396, Aug. 28, 1980]
(2) Within the limits of the funds
advanced by the Administrator. Me � 38.6 Nondiscrimination.
amount of any grant award shall be
determined on the basis of the Secre- Attention is called to the require-
tary's estimate of the sum necessary to ments of 24 CFR 2205.13 relating to
carry out the grant purpose. nondiscrimination on the grounds of
(3) Neither the approval of any ap- race, religion, sex, color, age, economic
plication nor the award of any grant status, or national origin in the provi-
commits or obligates the United States sion of disaster assistance.
in any way to make any additional. � 38.7 Nonliability.
supplemental. continuation. or other
award with respect to any approved Attention is called to section 308 of
application or portion of an approved the Act (42 U.S.C. 5148) which pro-
application. vides that the Federal Government
(d) Other HHS regulations that shall not be liable for any claim based
apply. Several other regulations apply upon the exercise or performance of
to grants under this part. These in- or the failure to exercise or perform a
clude but are not limited to: discretionary function or duty on the
part of a Federal agency or an employ-
45 CFR Part 16 -HHS grant appeals pro- ee of the Federal Government in car-
42 CFR Part 50, Subpart D-PHS grant
appeals procedures 38.8 Criminal and civil penalties.
45 CFR Part 74-Administration of grants Attention is called to section 317 of
45 CFR Part 75-Informal grant appeals
procedures (indirect cost rates and other the Act (42 U.S.C. 5157) which pro-
cost allocations) vides:
45 CFR Part 80-Nondiscrimination under (a) Any individual who fraudulently or
programs receiving Federal assistance willfully misstates any fact in connection
through the Department of Health and with a request for assistance under this Act
Human Services-Effectuation of Title VI of shall be fined not more than $10,000 or im-
the Civil Rights Act of 1964 prisoned for not more than one year or both
45 CFR Part 81-Practice and procedure for each violation.
for hearings under Part 80 (b) Any individual who knowingly violates
45 CFR Part 84-Nondiscrimination on any order or regulation under this Act shall
the basis of handicap in federally assisted be subject to a civil penalty of not more
programs than $5,000 for each violation.

169

178

� 38.9 Title 42-Public Health

(c) Whoever knowingly applies the United States, or then duly authorized
proceeds of a loan or other cash benefit ob- representatives shall have access to
tained under any section of this Act shall be any books, documents, papers, and re-
subject to a fine. In an amount equal to one cords that pertain to Federal funds,
and one half times the original principal equipment, and supplies received
amount of the loan or cash benefit. under this part for the purpose of
audit and examination.
� 38.9 Federal audits.

The Secretary, the Administrator,
and the Comptroller General of the

170

179

Appendix III: Glossary of Terms Related to Federal Disaster
Assistance Programs

Executive Order 11988 - Floodplain Management - E.O. 11988, issued May 24,

1977, established a national policy of avoiding the adverse impacts of

occupancy and modification of floodplains and avoiding federal support

of floodplain development. The E.O. permits federal support for develop-

ment of floodplains only where location in the floodplain is the only

practicable alternative and rigorous mitigation measures have been

adopted.

Damage Survey Reports - DSRs - Damage Survey Reports document t he extent of

damages to different facilities, identify needed and eligible repairs,

and assess the costs of repairing or rebuilding them. They are prepared

by a Damage Assessment Team consisting of federal, state, and local

authorities and submitted to FEMA and the appropriate state emergency

management agency. The DSR is the basis for FEMA's approval of applica-

tions for public assistance.

Project Application - The Project Application is the formal request for aid

that a local government or state agency submits to FEMA's Regional

Director. It combines and summarizes the Damage Survey Reports for

various repair projects for damaged public facilities. The Project

Application must be submitted to FEMA's Regional Director within 90

days of the Presidential declaration of a major disaster or within 30

days of an emergency declaration.

Major Disaster - A Major Disaster is any hurricane, tornado, storm, flood, high

water, wind-driven water, tidal wave, tsunami, earthquake, volcanic erup-

tion, landslide, mudslide, snowstorm, drought, fire, explosion or other

catastrophe in any part of the United States which, in the determination

180

of the President, causes damage of sufficient severity and magnitude to

warrant disaster assistance by the Federal Government to supplement the

efforts and resources of States, local governments, and re lief organiza-

tions.

Emergency - An Emergency is any hurricane, tornado, storm, flood, high water,

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, in the determination

of the President, requires Federal emergency assistance to supplement

State and local efforts to save lives and lessen the threat of a disaster.

Interagency Hazard Mitigation Team - Interagency and intergovernmental hazard

mitigation teams are authorized by Office of Management and Budget direc-

tive to be created to promote a comprehensive approach to flood hazard

mitigation during the post-flood recovery process. The OMB directive

requires a report be prepared by the Team within 15 days of a Presiden-

tial declaration of a major disaster, that the mitigation activities

recommended in the report emphasize non-structural measures, and that

federal agencies conform their recovery actions to the recommendations

of the report to the fullest extent practicable.

Section 406 - Section 406 of the Disaster Relief Act of 1974 requires state

and local governments receiving federal disaster assistance to evaluate

,natural hazards within the disaster area and to take appropriate action

to mitigate them. It also requires the development of a Hazard Mitiga-

tion Plan; to be submitted'to FEMA's Regional Director 180 days after

the Presidential declaration. In return, the section provides federal

assistance in hazard mitigation planning. Section 406 is implemented by

the regulations in Subpart M of CFR Part 205. [See Appendix 11].

181

Section 1362 - Section 1362 of the National Flood Insurance Act empowers the

Flood Insurance Administration, an agency of FERA, to purchase insured

properties that have been seriously damaged by flooding and to transfer

the land as open space to a state or local agency. [See discussion in

Part II and the statute in Appendix I].

182

Appendix IV: Bibliography

William D. McElyea, David J. Brower, and David R. Godschalk. 1982. Before
the Storm: Managing Development to Reduce Hurricane Damages. Center
for Urban and Regional Studies, The University of North Carolina at
Chapel Hill. Chapter 7.

Federal Emergency Management Agency. 1981. Federal Disaster Assistance
Program:_ Documenting Disaster Damage Pursuant to Public Law 93-288.
Washington, DC: FEMA (Report No. DR&R-7).

Federal Emergency Management Agency. 1981. Federal Disaster Assistance
Program:. Eligibility Handbook Pursuant to Public Law 93-288. Washington,
DC: FEMA (Report No. DR&R-2).

Federal Emergency Management Agency. 1981. Federal Disaster Assistance Program:
Handbook for Applicants Pursuant to Public Law 93-288. Washington, DC:
FEMA (Report No. DR&R-1).

Federal Emergency Management Agency. 1981. Federal Disaster Assistance Program:
Insurance Handbook for Public Assistance Pursuant to Public Law 93-288.
Washington, DC: FEMA (Report No. DR&R-3).

Federal Emergency Management Agency. 1981. Federal Disaster Assistance Program:
CommunitX Disa ter Loan Handbook Pursuant to Public Law 93-288.
Washington, DC: FEMA (Report No. DR&R-5).

Federal Emergency Management Agency. 1982. Digest of Federal Disaster
Assistance Programs. Washington, DC: (FEMA Manual 8600.2-ECS-2).

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