Part

PART 170 9—REIMBURSEMENT OF OTHER FEDERAL AGENCIES PERFORMING MAJOR DISASTER RELIEF FUNCTIONS

Sec.

1709.1 Purpose.

1709.2 Eligibility of certain expenditures for reimbursement.

1709.3 Expenditures not eligible for reimbursement.

1709.4 Procedures in obtaining or authorizing the services or resources of other Federal agencies. 1709.5 Procedures for requesting reimbursement.

AUTHORITY: The provisions of this Part 1709 issued under sec. 5, 64 Stat. 1110, as amended, 42 U.S.C. 1855d; E.O. 10427 of Jan. 16, 1953 (18 F.R. 407; 3 CFR, 1953 Supp.); E.O. 10737 of Oct. 29, 1957 (22 F.R. 8799; 3 CFR, 1957 Supp.); Reorg. Plan No. 1 of 1958, 72 Stat. 861; E.O. 10773 of July 1, 1958 (23 F.R. 5061); E.O. 10782 of Sept. 6, 1958 (23 F.R. 6971).

SOURCE: The provisions of this Part 1709 appear at 25 F.R. 1587, Feb. 24, 1960, unless otherwise noted. See also 26 F.R. 12768, Dec. 30, 1961.

Public Law 875, 81st Congress, entitled "An Act To authorize Federal assistance to States and local governments in major disasters, and for other purposes" (64 Stat. 1109; 42 U.S.C. 1855-1855g), as amended, hereinafter called the Act, of any Federal agency, as defined in the Act, for any of its authorized expenditures under sections 3 and 7 of the Act as may be determined to be eligible for reimbursement, pursuant to the authority contained in the Act; section 1(c) of Executive Order 10427, as amended by section 3 of Executive Order 10737; Reorganization Plan No. 1 of 1958; and Executive Order 10773, as amended by Executive Order 10782.

verted from their normal duties as a result of a directive from the Director.

(b) Work, services, and materials contracted for by other Federal agencies for assistance performed on a specific disaster project.

(c) Materials, equipment, and supplies (including transportation, repair, and maintenance) from regular inventory stocks utilized or consumed by other Federal agencies.

(d) Emergency work performed under provisions of section 5(a) of the Act at the specific direction of the Director prior to a declaration of a major disaster: Provided, That such work shall be otherwise eligible under section 3 of the Act upon the declaration of a major disaster: And provided further, That reimbursement may not be sought if no funds are allocated by the President for disaster assistance, and that such costs shall not include funds expended or supplies and materials used by Federal agencies performing disaster work under their own authority where funds therefor may be otherwise available or may be made available.

(e) Such other costs or expenditures not otherwise provided herein, as the Director and the Director of the Bureau of the Budget may approve, based upon the written justification submitted to the Director by the agency concerned, or as agreed to in writing between the Director and other Federal agencies, and concurred in by the Director of the Bureau of the Budget.

§ 1709.3 Expenditures not eligible for

reimbursement.

(a) Salaries of regular Federal agency personnel which would have been paid in any event in carrying out the agency's normal functions (except as provided in § 1709.2(e)).

(b) Administrative overhead costs allocated to otherwise eligible expenditures.

(c) Annual and sick leave, retirement, and other employee benefits.

(d) Costs incurred while performing work under a Federal agency's own authority subsequent to the President's declaration of a major disaster (except as provided in § 1709.2).

to be rendered to a State in alleviating the damages resulting from a major disaster, will take into consideration the type of assistance available from other Federal agencies. He will, through the Area Office Director, OEP (hereinafter called the Area Office Director), direct other Federal agencies to provide such available assistance as he may determine necessary.

(b) All directives authorizing the performance of work and the expenditure of funds shall be in writing and contain a clause which establishes a ceiling amount for expenditures so authorized. § 1709.5 Procedures for requesting re

imbursement.

(a) Requests for reimbursement of authorized expenditures shall be submitted at the end of each fiscal year quarter; except, however, final accounting for expenditures shall be submitted within 90 days of completion of work for each specific disaster.

(b) Requests for reimbursement from any one disaster declaration will not be entertained for costs where the sum total of such costs against any one appropriation account of the claimant agency is less than $1,000.

(c) Requests for reimbursement shall be in sufficient detail to identify and segregate: (1) Personal services, (2) travel, and (3) all other expenses. The reimbursement request shall cite the specific directive for assistance, issued by the Area Office Director, under which costs were incurred and the State in which the work was performed.

(d) All requests for reimbursement shall be submitted to the Area Office Director under whose directive such costs were incurred.

Requests for Federal assistance. Processing the requests of a Governor for a declaration of a major disaster.

Initiation of Federal assistance.

Allocations to the Director.

Federal-State

Disaster Assistance

Agreements.

Project applications.

1710.10 Criteria of eligibility for financial

assistance.

AUTHORITY: The provisions of this Part 1710 issued under sec. 5, 64 Stat. 1110, as amended; 42 U.S.C. 1855d. E.O. 10427, 18 F.R. 407, 3 CFR, 1953 Supp., E.O. 10737, 22 F.R. 8799, 3 CFR, 1957 Supp.; Reorganization Plan No. 1 of 1958, 23 F.R. 4991; E.O. 10773, 23 F.R. 5061, 3 CFR, 1958 Supp., as amended by E.O. 10782, 23 F.R. 6971, 3 CFR, 1958 Supp. and E.O. 10952, 26 F.R. 6577, 3 CFR, 1961 Supp.; Public Law 85-763 and Public Law 87-296.

SOURCE: The provisions of this Part 1710 appear at 27 F.R. 8789, Sept. 1, 1962, unless otherwise noted.

Except as otherwise stated, the following terms shall have the following meanings when used in the regulations in this part:

(a) Act. Means the Act of September 30, 1950, entitled "An Act To Authorize Federal Assistance to State and Local Governments in Major Disasters and for Other Purposes" (64 Stat. 1109, 42 U.S.C. 1855-1855g), as amended, popularly known as the "Federal Disaster Act."

(b) Major disaster. Means any flood, drought, fire, hurricane, earthquake, storm, or other catastrophe in any part of the United States which, in the determination of the President, is or threatens to be of sufficient severity and magnitude to warrant disaster assistance by the Federal Government to supplement the

efforts and available resources of States and local governments in alleviating the damage, hardship, or suffering caused thereby, and respecting which the Governor of any State (or the Board of Commissioners of the District of Columbia) in which such catastrophe may occur or threaten certifies the need for disaster assistance under the Act, and shall give assurance of expenditure of a reasonable amount of the funds of the government of such State, local governments therein, or other agencies, for the same or similar purposes with respect to such catastrophe;

(c) Damage. Includes suffering and hardship;

(d) United States. Includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands;

(e) State. Any State in the United States, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands;

(f) Local Government. Any county, city, village, town, district, or other political subdivision of any State, or the District of Columbia;

(g) Federal Agency. Any department, independent establishment, government corporation, or other agency of the Executive Branch of the Federal Government excepting, however, the American National Red Cross;

(h) Governor. The Chief Executive of any State;

(i) Director. The Director of the Office of Emergency Planning;

(j) Regional Director.

A Director of

a Regional Office of the Office of Emergency Planning;

(k) Federal assistance. Assistance which is supplementary to relief afforded by State, local, or private agencies, and not in substitution therefor;

(1) Termination. Termination, as used in this part, means completion of all physical work to be accomplished and therefore the end of the need for Federal assistance,

§ 1710.3 Policy.

(a) It is the policy of the Office of Emergency Planning to provide an orderly and continuing means of supplemental assistance by the Federal Government to States and local governments in carrying out their responsibil

ities to alleviate suffering and damage resulting from major disasters.

(b) It is also the policy to foster the development of State and local organizations and plans for coping with major disasters, and to provide advice and guidance to States and local governments on organization and planning to meet the effects of major disasters and to assure the maximum application of this experience in preparing Federal, State and local governments to meet the effects of enemy attack.

§ 1710.4 Requests for Federal assist

ance.

(a) Upon the occurrence or threat of a catastrophe within a State which, in the opinion of its Governor (or the Board of Commissioners of the District of Columbia) constitutes, or will constitute, a major disaster requiring supplementary Federal assistance, the Governor shall present to the Director, through the appropriate Regional Director, a request for Federal assistance. The request shall contain the certification required by § 1710.15(a) and shall include assurance of expenditure of a reasonable amount of the funds of State, local governments, or other agencies therein, for alleviating damage resulting from such disaster. In addition, the request shall contain the following information and data:

(1) An estimate of the severity and extent of damage resulting from the disaster, and the total funds, personnel, equipment, and material or other resources required to alleviate such damage.

(2) A statement of action taken or recommended to be taken by the State legislature or local legislative and governing authorities with regard to the disaster.

(3) An estimate of State and local funds, personnel, equipment and material or other resources, available and to be made available, to alleviate such damage.

(4) A statement of the extent and nature of Federal assistance needed, including an estimate of the minimum Federal funds, personnel, equipment, material or other resources necessary to supplement the efforts and available resources of the State in alleviating the damage.

(b) When the request of a Governor for Federal assistance is solely for agricultural relief purposes and such as

sistance is to be furnished by virtue of authority other than the Act, and the exercise of such other authority is dependent upon the existence of a major disaster declared pursuant to the Act, the following shall apply:

(1) The Governor shall forward a copy of his request for Federal assistance to the Secretary of Agriculture at the same time he forwards his request to the Regional Director as provided in this section.

(2) The Secretary of Agriculture will conduct an investigation relative to the propriety of declaring a major disaster in accordance with the delegation of authority from the Director for such purposes, and submit to the President, through the Director, his recommendations thereon.

§ 1710.5 Processing the request of a Governor for a declaration of a "major disaster”.

(a) The Regional Director shall forward the Governor's request, together with his report and recommendations, to the Director.

(b) The Director shall forward the Governor's request to the President, together with his recommendation as to action by the President thereon. In formulating his recommendation concerning a declaration, the Director shall consider:

(1) The severity and extent of the disaster;

(2) The reasonableness of State and local efforts in relation to the severity of the disaster, the resources and funds available to State and local governments for the alleviation of damage resulting from the disaster, and the operational disaster plans of the State and local governments;

(3) The extent and nature of Federal assistance requested;

(4) The report and recommendation of the Regional Director;

(5) Any other available information. § 1710.6 Initiation of Federal assistance.

Upon a declaration by the President that a major disaster exists, the Director will immediately initiate action to provide Federal assistance in accordance with such declaration, allocation of funds by the President, applicable law and this part. The determination of the President, with respect to the declaration of a major disaster, will be promptly transmitted to the Governor of the State concerned.

§ 1710.7

Allocations to the Director. Upon allocation of funds by the President to the Director to provide assistance to State and local governments in a major disaster, funds so allocated may be reallocated by the Director: (a) (1) Upon a showing of need, to the State and local governments for utilization for the purposes of the Act; (2) for providing direct assistance to the States for the purposes set forth in section 3 of the Act; and (b) for reimbursement of any Federal agency for any of its authorized expenditures directed by the Director pursuant to sections 3 and 7 in connection with a major disaster: Provided, however, That such reimbursement of Federal agencies shall be made in accordance with the regulations of the Director and subject to the concurrence of the Director of the Bureau of the Budget. § 1710.8 Federal-State Disaster Assistance Agreements.

(a) Upon the declaration of a major disaster, a Federal-State Disaster Assistance Agreement will be executed by the Governor (or the Acting Governor) acting for the State and the appropriate Regional Director, acting for the Federal Government. Such Agreement shall provide for the manner in which Federal assistance is to be made available and contain the assurance of the State that a reasonable amount of the funds of the State, local governments or other agencies therein will be expended in alleviating damage caused by the disaster. This Agreement will also contain such other terms and conditions consistent with the provisions of the Act, Executive Orders 10427 and 10737, and this part, as the Director may require, including but not limited to a clause which contains the requirements set forth in § 1710.16.

(b) The Agreement may provide for assistance to be furnished by other Federal agencies, financial assistance to be furnished for protective and other work for the protection of life and property, debris and wreckage clearance, and emergency repairs and temporary replacement of essential public facilities of States and local governments, or other assistance to be provided pursuant to the Act and in accordance with this part.

(c) In the event the President has allocated funds to the Director for use in connection with a major disaster, every Federal-State Disaster Assistance Agree

ment shall contain the following provision:

Federal assistance under this Agreement and applicable law and regulations shall not exceed the sum of $--This sum inIcludes the amount of $to be reserved

by the Director for such reallocations as he deems proper, including such amount as he may determine necessary for the reimbursement of other Federal agencies for their expenditures in connection with furnishing assistance in this disaster. Not more than

shall be available for transfer to the State under this Agreement, and project applications submitted under this Agreement and applicable Federal regulations will not be approved in excess of this amount.

(d) In the event funds are to be transferred to a State for disaster relief purposes under an allocation made by the Director, every Federal-State Disaster Assistance Agreement shall contain, and the State and its political subdivisions will agree to, the following provision:

In the event that a State or local government violates any of the conditions imposed upon disaster relief assistance under law, this Agreement or applicable Federal regulations, the Director will notify the State of said violation and the necessary corrective measures, and will notify the State that additional financial assistance for the purpose of the project in connection with which the violation occurred will be withheld until such violation has been corrected: Provided, That, if the Director, after such notice to the State, is not satisfied with the corrective measures taken to comply with his notification, the Director will notify the State that further financial assistance will be withheld for the project for which it has been determined that a violation exists, or for all or any portion of financial assistance which has or is to be made available to the State or local governments for the purpose of disaster relief assistance under the provisions of this Agreement, applicable Federal regulations and the Act.

(e) The following provisions shall be included in every Federal-State Disaster Assistance Agreement entered into:

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited, to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation: