Each participant shall agree to make full use of the technical staffs and other personnel of appropriate agencies of State and local governments, and shall agree to keep its emergency planning current after the project is completed and to submit completed plans for periodic review or testing.

§ 1714.5

Costs and reimbursements.

(a) Amount. The reimbursable costs of any project shall not exceed the actual costs nor the amount stipulated in the project agreement.

(b) Retroactive. No costs shall be approved, of whatsoever nature, which were contracted for, obligated, or incurred prior to the execution of the contract.

(c) Personnel and other expenses. (1) Approved costs under a project shall include salaries or other compensation paid to staff or technical personnel engaged in work under the project agreement and travel, telephone communication and printing costs necessary or incident to the work, as set out in OEP Administrative Manual for the Development of State Emergency Resources Management Plans, or as acceptable to the Director, OEP.

(2) State travel regulations shall apply except that, in the absence of such regulations, travel expense shall be in accordance with Standardized Government Travel Regulations.

(1) Sal

(d) Salaries of employees. aries of regularly employed full-time personnel of a State or political subdivision shall not be reimbursed except when such personnel may be detailed to work on an approved project on a full-time basis of thirty (30) consecutive working days duration, or longer.

(2) Salaries of regularly employed full-time personel of a State or political subdivision whose salaries are paid all or in part from Federal funds under other programs shall not be reimbursed if this involves a dual payment to the individual or a dual payment to State agencies by the Federal Government for such salaries.

(3) Salaries of the State and Local Emergency Planning Director, members of the State or Local Emergency ReSource Planning Committee or task groups shall not be reimbursed.

(4) Salaries of personnel not employed in accordance with § 1714.2(c) shall not be reimbursed.

(e) Reimbursement procedures. Reimbursement shall be made to eligible participants for approved costs under a project upon the presentation by the eligible participants of vouchers duly executed in accordance with the applicable provisions of OEP Administrative Manual for the Development of State Emergency Resources Management Plans. § 1714.6 Advances.

(a) Upon execution by OEP of a project agreement and upon application by the State involved, up to three (3) months' estimated operating costs not to exceed 25 percent of the estimated cost of the project may be advanced to establish a working fund to be used solely in accordance with the regulations of this part, the provisions of the project agreement against which the advance was made, and the Administrative Manual for the Development of State Emergency Resources Management Plans.

(b) In accepting an advance of Federal funds, a State must agree to:

(1) Deposit the monies advanced in a separate fund or account under the sole custody of the treasurer or comparable fiscal officer of the State. This person is to be a bonded official.

(2) Withdraw such funds only upon the certification of the Governor or other authorized State official, and then only for the allowable costs covered by the contract against which the advance was made.

(3) Keep such records and accounts as are in accordance with accepted and prescribed methods of accounting, showing the receipt and expenditures of Federal funds advanced. Representatives of OEP or its designee and the General Accounting Office shall be granted ready access to such records and accounts. § 1714.7 Return of unexpended funds.

The State shall, upon completion of its studies, research, and planning pursuant to an agreement under the regulations in this part, return to the Federal Government within thirty (30) days any funds not obligated under the agreement.

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and a final report including actual emergency plans, organizational arrangements and operating procedures adopted for each State. The quarterly reports shall include and identify funds utilized from State sources and authorized or received from other Federally assisted programs which are not reimbursable under the regulations of this part but

have been used in accomplishing the work of this program. The final product shall be an Emergency Economic and Resource Management Action Plan meeting the requirements of the "Organization and Planning Guide for State and Local Emergency Management of Resources," subject to the review and approval of the Office of Emergency Planning.

§ 1800.3 Department.

The Department of Defense, Office of Civil Defense.

§ 1800.4 Director of Civil Defense. The Director of Civil Defense, Office of Civil Defense, Office of the Secretary of the Army. § 1800.5

Administrative expenses.

Expenses of a State and its political subdivisions incurred in the administration of State and local laws, ordinances, regulations and codes, including, but not limited to, salaries of officials and employees, traveling expenses, office rent, and office supplies.

§ 1800.6 Civil defense.

The term "civil defense" means all those activities and measures designed or undertaken (a) to minimize the effects upon the civilian population caused or which would be caused by an attack upon the United States, (b) to deal with the immediate emergency conditions which would be created by any such attack, and (c) to effectuate emergency repairs to, or the emergency restoration of, vital utilities and facilities destroyed or damaged by any such attack. Such term shall include, but shall not be limited to, (1) measures to be taken in preparation for anticipated attack (including the establishment of appropriate organization, operational plans, and supporting agreements; the recruitment and training of personnel; the conduct of research; the procurement and stockpiling of necessary materials and supplies; the provision of suitable warning systems; and, when appropriate, the non-military evacuation of civil population); (2) measures to be taken during attack (including the enforcement of passive defense regulations prescribed by duly established military or civil authorities; the evacuation of personnel to shelter areas; the control of traffic and panic; and the control and use of lighting and civil communications); and (3) measures to be taken following attack (including activities for fire fighting; rescue, emergency medical, health and sanitation services; monitoring for specific hazards of special weapons; unexploded bomb reconnaissance; essential debris clearance; emergency welfare measures; and immediately essential emergency repair or restoration of damaged vital facilities).

AUTHORITY: The provisions of this Part 1801 issued under secs. 201(i) and 401 of the Federal Civil Defense Act of 1950, 64 Stat. 1245-1257, as amended, 50 U.S.C. App. 2251– 2297; Reorg. Plan No. 1 of 1958, 72 Stat. 1799, 23 F.R. 4991; E.O. 10952, 26 F.R. 6577; Establishment of the Office of Civil Defense and Delegation of Authority Regarding Civil Defense Functions, 29 F.R. 5017, Apr. 10, 1964.

SOURCE: The provisions of this Part 1801 appear at 29 F.R. 1322, Jan. 25, 1964, unless otherwise noted. Redesignated at 29 F.R. 6384, May 15, 1964.

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

(a) Act. The Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251-2297).

(b) Civil Defense equipment. Facilities, materials, and organizational equipment for which the OCD approves financial contributions under section 201(i) of the Act.

(c) Facilities. Buildings, shelters, and utilities.

(d) Materials. All materials, supplies, medicines, equipment, component parts, and technical information (including training courses) and processes necessary for civil defense.

(e) OCD. Office of Civil Defense, Office of the Secretary of the Army. Where action is to be taken this term denotes the Director of Civil Defense or other duly authorized official(s) acting under the authority delegated to the Secretary of Defense by Executive Order 10952 (26 F.R. 6577).

(f) Organizational equipment. Equipment (other than materials and facilities) determined by the OCD to be (1) necessary to a civil defense organization, as distinguished from personal equipment, and (2) of such a type or nature as to require it to be financed in whole or in part by the Federal Government. It shall not be construed to include those items which the local community normally utilizes in combating local disasters except when required in unusual quantities dictated by the requirement of the civil defense plans.

(g) Program. A course of action adopted by a State (or political subdivision) in a specific civil defense area of activity.

(h) Project. A definable part of a program which is complete in itself. § 1801.3 Request for contributions.

A request for a Federal contribution must be made on an OCD prescribed project application form and in accordance with the procedures asd criteria set forth in OCD guidance material.

§ 1801.4

Conditions of contributions.

The OCD shall make contributions for civil defense equipment, including approved costs, subject to the following conditions:

(a) Certification. The making of a request for a contribution shall constitute a certification by the State (and political subdivision, where applicable) that the necessary funds to provide the State's share are available or will be available before Federal funds are disbursed; that the civil defense equipment, regarding which a contribution is requested, is needed by the applicant civil defense organization, over and above its otherthan-civil defense needs, in order to meet its requirements under civil defense operational plans approved by OCD (local plans are approved as part of the State plans); and that the State (and political subdivision, where applicable) will comply with OCD regulations (Code of Federal Regulations, Title 32, Subtitle A, Chapter XVIII-Office of Civil Defense, Office of the Secretary of the Army) and with criteria set forth in the Federal Civil Defense Guide pertaining to Federal contributions for civil defense equipment (Part F, Chapter 5, Appendix 1 and related guidance material).

(b) Standards and specifications. Civil defense equipment procured by the State (or political subdivision) must meet minimum standards and specifications as established by the OCD. Application of such standards and specifications to unique installations or uses of equipment shall be as determined by the OCD following receipt of full information.

(c) Cancellation or breach. If for any reason the State (or political subdivision) revokes or cancels its request for a financial contribution after approval by the OCD, or breaches any condition of the regulations in this part or of the project application by which the contribution was approved, it shall promptly reimburse the Federal Government for any loss, as determined by the OCD, occasioned to the Federal Government.

(d) Inspection and accounting. Civil defense equipment shall be controlled in accordance with accepted or prescribed methods and standards of accounting, identification, and administrative responsibility. Such methods and standards as the OCD may prescribe shall be met. OCD representatives shall have access to civil defense equipment at all