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Home My WebLink About710529 Ye. TE s5. OF COLORADG� r,j6NTY OF WELD IFiled w th,, Clerk of the Board of County Commissiofbrs OCT 6 1971 COUNTY CLFFI(AND NCcO DTR By--Deputy FEDERAL DISASTER ASSISTANCE PROGRAM MANUAL FOR APPLICANTS OEP Circular 4000. 5C February 1971 „i ** OFFICE OF ** • EMERGENCY PREPAREDNESS EXECUTIVE OFFICE OF THE PRESIDENT 710529 .E-N 66e3 OEP CIRCULAR 4000.5C February 1971 MANUAL FOR APPLICANTS CONTENTS Page FOREWORD I. LOCAL RESPONSIBILITIES IN DISASTERS 1 II. FEDERAL RESPONSIBILITIES AND AUTHORITIES IN DISASTERS 3 A. Public Law 91-606 3 B. Other Statutory Authorities 3 III. GENERAL PROCEDURES FOR PROVIDING FEDERAL ASSISTANCE 5 UNDER PL 91-606 A. Federal Coordination 5 B. Designation of Affected Areas 5 C. Federal/State Disaster Assistance Agreement 5 D. State Coordination 5 .-� E. Individual Assistance 5 F. Public Assistance 6 IV. INDIVIDUAL ASSISTANCE UNDER PL 91-606 7 A. General 7 B. Types of Individual Assistance 7 V. PUBLIC ASSISTANCE ELIGIBILITY 13 A. General 13 B. Eligible Applicants 13 C. Categories of Eligible Work 13 D. General Eligibility Criteria 14 E. Specific Eligibility Criteria for Emergency Work 16 1. Category A - Clearance of Debris and Wreckage 16 2. Category B - Emergency Protective Measures 18 3. Category C-1 - Emergency Repair or Replacement of Street, Road and Highway Facilities 19 OEP CIRCULAR 4000.5C --� February 1971 CONTENTS Page 4. Category D-1 - Emergency Repair or Replacement of Dikes, Levees, Irrigation Works and Drainage Facilities 22 5. Category E-1 - Emergency Repair or Replacement of Public Buildings and Related Equipment 23 6. Category F-1 - Emergency Repair or Replacement of Publicly-Owned Utilities 24 F. Specific Eligibility Criteria for Permanent Work 25 1. Category C-2 - Restoration of Street, Road and Highway Facilities 25 2. Category D-2 - Restoration of Dikes, Levees, Irrigation Works and Drainage Facilities 27 3. Category E-2 - Restoration of Public Buildings and Related Equipment 29 4. Category F-2 - Restoration of Publicly-Owned Utilities 32 5. Category G - Repair and Restoration of Public Facilities Under Construction 33 G. Categories of Eligible Cost 34 VI. PROCEDURES FOR PUBLIC ASSISTANCE UNDER PL 91-606 39 A. Project Applications 39 1. General 39 2. Preparation of Project Applications 40 3. Review and Approval of Project Applications 41 B. Direct Assistance by Federal Agencies 42 1. General 42 2. Requests for Assistance from Federal Agencies 42 3. Predisaster Assistance 46 4. Fire Suppression 46 C. Grants-in-Lieu 46 D. Advances of Funds 46 OEP CIRCULAR 4000.5C February 1971 CONTENTS Page E. Inspections 47 1. Damage Survey Reports 2. Interim Inspections 47 3. Inspection of Completed Work 50 50 F. Time Limitation • G. Claims for Financial Assistance 52 52 1. General 52 2. Preparation of Claims for Financial Assistance 52 3. Review and Approval of Claims for Financial Assistance 59 VII. NONDISCRIMINATION IN THE FEDERAL DISASTER ASSISTANCE PROGRAM 61 A. General B. Implementation of OEP Regulation 5 61 61 VIII. DUPLICATION OF BENEFITS 63 IX. TERMINATION OF FEDERAL ASSISTANCE 65 APPENDIX A. PL 91-606 B. Executive Order 11575 A-1 C. Federal Disaster Assistance Regulations, Part 1710 CFR C-1 D. OEP Reg. 5, Civil Rights C-1 E. Sample Forms D-1 E-1 1. Project Application - OEP Form 152 2. Damage Survey Report - OEP Form 164 E-1 3. Report of Final Completed Work Inspection - E-7 OEP Form 165 4. Summary of Documentation - OEP Form 74 E-11 5. Blanket Certificate - OEP Form 83 E-13 E-15 F. Part 1712, 32 CFR F-1 OEP CIRCULAR 4000.5C February 1971 FOREWORD This manual has been developed to provide instruction and guidance to applicants and officials in the application of The Disaster Relief Act of 1970, Public Law 606, 91st Congress. Users of this manual are urged to familiarize themselves with the provisions of Public Law 91-606 (Appendix A) and the Federal Disaster Assistance Regulations (Appendix C) before reading the text of the manual. Frequent reference is made to these publications throughout the manual, and no attempt is made to repeat all applicable provisions. The manual describes the types of Federal assistance available and sets forth procedures' to be followed in applying for such assistance. These procedures, based on PL 91-606 and the Federal Disaster Assistance Regulations, provide for national uniformity in supplementing State and local efforts and expenditures with Federal assistance in major disasters. OEP forms are included in the manuals for illustrative purposes only, recognizing that they may be revised. Applicants should always use the latest forms and follow instructions for their use as furnished by the Regional Office of the Office of Emergency Preparedness. It is the responsibility of the State Coordinating Officer (SCO) to provide information, advice, and assistance to local governments making application for Federal disaster assistance. The Federal Coordinating Officer (FCO) provides advice and assistance to the SCO in these activities. OEP CIRCULAR 4000.5C February 1971 I. LOCAL RESPONSIBILITIES IN DISASTERS A. Local and State governments are primarily responsible for developing plans for and coping with the effects of natural disasters. 1. The local government has the responsibility of seeing that the needs of their citizens before, during and after a major disaster are being met. After a possible evacuation, and while the initial search and rescue operations are being completed, the local government in accordance with its disaster plan should begin to provide mass care, in- cluding food, clothing and shelter. Utilizing all the resources of the local government and those of the private relief organizations available to them, the local governing body should begin to identify and assess the needs of the victims, so that efficient and comprehensive aid may be pro- vided to the victims of that community. 2. Pre-disaster organization and planning for the proper utilization of these resources are of the utmost importance to assure the local government's response will be efficient and comprehensive. 3. Once the needs of the victims are evaluated and requirements beyond the capability of the local government are determined, the State Coordinating Officer should be requested to provide further relief and rehabilitative measures. 4. In the event that a Disaster Assistance Center is to be established in that area, the local government may be required to provide adequate space for the Center and to provide personnel for the following purposes: to act as receptionists and to register victims; to verify the need for food stamps and/or surplus commodities; identify those who have lost their places of residence and accept applications for housing; inform the citizens what is available to them under the law, where it may be obtained, and how to request it. 5. The local government will provide its normal ongoing services to the victims throughout the entire rehabilitation phase with supplemental State and Federal aid only where necessary. B. Timeliness of Emergency Relief and Rehabilitation. Assistance to overcome the effects of a major disaster must of necessity be provided as soon as possible after the disaster occurs. Therefore, local govern- ments are urged to perform urgent emergency work immediately and not wait for Federal funds to be provided. Federal reimbursement can be made for eligible work completed prior to submission of a project application. 1 OEP CIRCULAR 4000.51. February 1971 C. Federal disaster assistance is supplementary and not a substitute for relief afforded by the States and their political subdivisions. When a Governor believes that Federal assistance is necessary to supplement the efforts and available resources of the State, he may request that the President provide assistance under the pro- visions of Public Law 91-606, the Disaster Relief Act of 1970. 2 OEP CIRCULAR 4000.5C February 1971 I2. FEDERAL RESPONSIBILITIES AND AUTHORITIES IN DISASTERS A. Public Law 91-606. 1. The Disaster Relief Act of 1970, Public Law 606, 91st Congress, authorizes supplemental Federal assistance to State and local governments. (See Appendix A) 2. The Director, Office of Emergency Preparedness, has been given certain authorities and functions under Public Law 91-606 and by Executive Order 11575. (See Appendixes A and B) 3. Certain of the OEP Director's authorities and functions have been delegated to the OEP Regional Directors to be exercised and performed by them with regard to their respective Regional Offices. These authorities and functions include the following: to direct and coordinate the disaster assistance activities of Federal agencies; to execute Federal-State Disaster Assistance Agreements with the States; and to assure that Federal disaster relief is supplementary to relief afforded by State, local, or private agencies and not in substitution therefor. 4. The Federal Coordinating Officer, as the representative of the Regional Office, will work very closely with the State Coordinating Officer and will perform the functions outlined in Sec. 201, PL 91-606. (See Appendix A) B. Other Statutory Authorities. Additional statutes permit other Federal agencies to provide disaster assistance to State and local govern- ments in accordance with existing policies and practices of such agencies. Such Federal assistance is subject to coordination by OEP. 3 OEP CIRCULAR 4000.5C February 1971 III. GENERAL PROCEDURES FOR PROVIDING FEDERAL ASSISTANCE UNDER PUBLIC LAW 91-606 A. Federal Coordination. At the time a major disaster is declared by the President, the Director, OEP, will appoint a Federal Coordinating Officer (FCO) . An official notice of this appointment will be published in the Federal Register. The Federal Coordinating Officer may be the OEP Regional Director, a member of his staff, or other Federal official. The FCO reports to the OEP Regional Director. The principal functions of the FCO are outlined in Sec. 201, PL 91-606. (See Appendix A) B. Designation of Affected Areas. After a major disaster is declared by the President, the Director, OEP, will designate the specific areas which were adversely affected by such major disaster. The designation of such areas will be based upon a request by the Governor to include the area and evidence that each area incurred substantial damage as a result of the major disaster. The designation of the affected areas will be announced by an official notice in the Federal Register. C. Federal-State Disaster Assistance Agreement. Upon the declaration of a "major disaster" by the President, a Federal-State Disaster Assistance Agreement is developed by the Office of Emergency Preparedness and is authenticated when signed by the Governor and OEP Regional Director. This Agreement provides the terms and conditions under which Federal assistance will be provided and names a State Coordinating Officer and other officials responsible for various aspects of the program on behalf of the State. D. State Coordination. The State Coordinating Officer (SCO) , as the representative of the Governor, acts in cooperation with the Federal Coordinating Officer (FCO) and coordinates all assistance provided within the State. The SCO will be the point of contact for all political subdivisions of the State regarding assistance which is available. E. Individual Assistance. 1. Federal assistance to individuals under PL 91-606 is available in two primary areas. These are: a. Emergency assistance, including: disaster warnings, communications, transportation, mass care, etc. b. Relief and rehabilitation, including: loans, temporary housing, disaster unemployment compensation, relocation payments, legal services, etc. 5 OEP CIRCULAR 4000.5C February 1971 2. Information on individual assistance available in a particular major disaster and where to request it can be obtained from the State Coordinating Officer designated for that major disaster. F. Public Assistance. 1. Federal assistance to public entities under Public Law 91-606 is available in the following areas: a. Emergency work essential for the protection and preservation of life and property. (Sec. 203) b. Pre-disaster assistance. (Sec. 221) c. Debris removal. (Sec. 224) d. Fire suppression. (Sec. 225) e. Community disaster grants. (Sec. 241) f. Restoration of public facilities. (Sec. 252 (a) ) g. Restoration of public facilities under construction. (Sec. 252 (b) ) For information on the above which is not contained in this manual, applicants should contact the State Coordinating Officer. 2. Requests for public assistance under Public Law 91-606 are made by submission of a Project Application by an eligible applicant to the State Coordinating Officer (SCO) who will forward it with his recommendations to the Federal Coordinating Officer (FCC)) . (Refer to Sections V and VI of this manual for further information. ) 6 OEP CIRCULAR 4000.5C February 1971 IV. INDIVIDUAL ASSISTANCE UNDER PL 91-606 A. General. Public Law 91-606 has many provisions for assistance to individuals affected by a major disaster. Assistance which may be available in a disaster area (see Paragraph B below) will be made known to individuals through appropriate methods as determined by the State and Federal Coordinating Officers in the light of circumstances at the time. B. Types of Individual Assistance. 1. General. Briefly outlined below are some of the types of assistance that are available to persons adversely affected by a major disaster. Further information may be obtained through the State Coordi- nating Officer (SCO) . 2. Emergency Phase. a. Mass Care (Food, Shelter, Clothing) . (1) The American National Red Cross by Congressionally authorized charter, has the requirement for providing mass care to persons immediately following a disaster. Such mass care may include but is not restricted to the following services. (a) Provision of food at fixed or mobile feeding stations or other facilities for disaster victims and rescue workers. (b) Provision for emergency clothing to meet immediate needs. (c) Provision of emergency shelters for disaster victims. (d) Transport and temporarily store household goods. (2) In any major disaster, Federal agencies are authorized, when necessary to supplement local and state efforts, to provide emergency shelter for individuals and families. Federal agencies are also authorized to distribute medicine, food and other consumable supplies through the ANRC, the Salvation Army, the Mennonite Disaster Service and/or other relief or disaster assistance organizations. b. Food Coupons and Distribution. Whenever the President determines that low-income households are unable to purchase adequate amounts of nutritious food, he is authorized to distribute n 7 OEP CIRCULAR 4000.5C February 1971 through the Secretary of Agriculture coupon allotments and to make surplus commodities available. The President is authorized to continue to make such coupon allotments and surplus commodities available for so long as he determines necessary. c. Emer Emergency Public Transportation. Temporary public transportation service may be provided in order to enable the community to resume its normal pattern of life as soon as possible.S uchtserviceceay provide transportation to disaster relief centers, g employment offices, supply centers, stores, post offices, schools, major and such other places as may be deemed necessary by the Federal Coordinating Officer. Federal emergency transportation assistance will supplement but not replace normally available transportation facilities and will be discontinued upon determination by the Federal Coordinating Officer that available access to the above facilities is adequate. See Part 1710.24, 32 CFR at Appendix C. 3. Relief and Rehabilitation Phase. a. Loans. (1) Loans may be available through the Small Business Administration and the Farmers Home Administration to persons who have suffered losses as a result of the disaster. Individuals should contact these agencies for further information regarding such loan programs. Individuals not eligible for assistance under these programs should be referred to the American National Red Cross. (2) The Veterans Administration has the authority to modify the terms of VA loans on residential property which was lost, destroyed or damaged as the result of a major disaster. For further infor- mation, individuals should contact the Veterans Administration, or the State Coordinating Officer. b. Temporary Housing. Individuals and families whose former dwellings become uninhabitable as a result of a major disaster are eligible for temporary tenancy in housing provided by the Federal Government. Such housing may be managed by the local, State or Federal government. The type and location of housing available is outlined in Part 1710.13, 32 CFR, at Appendix C. For further detail contact the State Coordinating Officer. c. Unemployment Compensation. Individuals who are unemployed as a result of the declared major disaster are eligible for disaster unemployment assistance in the form of temporary income. In 8 OEP CIRCULAR 4000.5C February 1971 general, the Department of Labor administers this program through the State employment security offices under procedures closely related to State unemployment compensation claims and payments. Information on this program is available at those offices, or from the SCO. d. Legal Services. See Part 1710.25 32 CFR at Appendix C. • e. Lease and Mortgage Payments. See Part 1710.14 32 CFR at Appendix C. 4. Assistance by Private Relief Organizations. a. American National Red Cross. By Congressionally authorized charter, the American National Red Cross is required to help individuals in need as a result of a disaster. Assistance to be afforded State and local governments by OEP and other Federal agencies does not limit or affect the responsibilities of the Red Cross under the Act of January 5, 1905, as amended. (33 Stat. 599) . b. The Salvation Army and Mennonite Disaster Service. These are not primarily disaster relief organizations, but by tradition and ^ inclination usually serve at the points of greatest need, during the emergency period of a disaster. c. Other Agencies. Other welfare, religious, and charitable institutions are also organized, equipped, and trained to assist local governments in meeting the effects of a disaster during the immediate emergency period. Their resources are utilized to alleviate human suffering and need in the local community. 5. Disaster Assistance Centers. The Federal Coordinating Officer, in cooperation with the SCO, will make a determination whether or not the Disaster Assistance Centers will be established, based on the size of the disaster and the number of victims involved. These centers will house all the Federal, State, and local agencies that deal directly with the needs of the individual victim. The establishment of the centers will result in one location where the individual may receive information concerning the benefits of the disaster law and also apply for those programs for which he is eligible. This one location will make it much more convenient for the individual to understand the avail- able relief; to take care of his immediate needs; and to bring about hope for his future rehabilitation. The Federal Coordinating Officer will supervise the overall coordination of the centers once a need for their establishment is determined. 9 OEP CIRCULAR 4000.5C ---. February 1971 a. Upon arriving at the center, an individual will be met by a receptionist who will identify his needs and direct him to the proper agency within the center. b. The receptionist will fill out a registration card (page 11) in duplicate; one will remain on file and the other becomes the permanent possession of the individual. The receptionist will identify his needs and indicate on the card what agency(s) he is to see. The agent will mark the date that he interviewed the victim and indicate the name of the center. 10 OEP CIRCULAR 4000.5C February 1971 FRONT OF CARD DISASTER REGISTRATION CARD Date: SS Number Name Present Address Present Phone No. Own Rent Old Address Rent Names of those living with you BACK OF CARD Date Seen Please see: n SBA // Farmers Home Administration 7 ANRC /7 HUD n Debris Removal / / Legal Aid _ / / State Employment Service n Food - Stamps or Commodities n Salvation Army PLEASE KEEP THIS CARD - BRING IT WITH YOU IF YOU RETURN 11 r OEP CIRCULAR 4000.50 February 1971 V. 2213- c AS$ISTanTCE ELIGIBILITY A. General. Assistance under PL 91-606 may be requested by eligible applicants through the State to the OEP Regional Director, who has the authority to approve that work which is considered eligible in accordance with the criteria contained herein. This chapter will out- line who is eligible for assistance, and the type of assistance avail- able. The procedures for obtaining such assistance are covered in Section VI. B. Eligible Applicants and township Eligible applicants are State, county, city, village p governments or other political subdivisions of a State within the geographical area as designated in the Federal-State Disaster Assistance Agreement. 2. Sec. 102 of PL 91-606 provides that Federal assistance may be provided to rural communities or unincorporated towns and villages within the designated area when their claim is made by an eligible applicant. C. Categories of Eligible Work. Public assistance under PL 91-606 has been designated as either emergency work or permanent restoration. These major headings have been further divided into categories of work for ease in handling. These categories are listed below: 1. Emerge_ na_y Worg a. Category A. - Clearance of Debris and Wreckage. b. Category B. - Emergency Protective Measures. c. of Roads, Streets, and HighwayrFacilitiesmergency Repair or Replacement d. Category D-1. - Emergency Reair or of Dikes, Levees, Irrigation Works, and DrainageFacilities,Replacement e. Category E-1. - Emergency Repair or Replacement of Public Buildings and Related Equipment. f. Category F-1. - Emergency Repair or Replacement of Public-Owned Utilities. 3.3 OEP CIRCULAR 4000.5C February 1971 2. Permanent Restoration. a. Category C-2. - Restoration of Roads, Streets, and Highway Facilities. b. Category D-2. - Restoration of Dikes, Levees, Irrigation Works, and Drainage Facilities. c. Category E-2. - Restoration of Public Buildings • and Related Equipment. d. Category F-2. - Restoration of Publicly-Owned Utilities. e. Category G. - Repair or Restoration of Public Facilities Under Construction. D. General Eligibility Criteria. 1. Eligibility criteria listed in Section V, C, limit the amount of reimbursement which may be made to the applicant for the cost of approved work. They are not intended to limit the type and cost of work which the applicant may choose to undertake. If the applicant performs work in excess of that approvable, Federal financial assistance will be limited to that portion of the cost determined by OEP as meeting OEP criteria. 2. Disaster assistance under PL 91-606 is not normally available for work coming within the statutory authorities of other Federal agencies. Examples of some of these authorities are: a. Corps of Engineers, U. S. Army; Public Law 99; 84th Congress, as amended - Continuing discretionary authority for flood emergency preparation; flood fighting and rescue operations; emergency repair and restoration of flood control works threatened, damaged, or destroyed by floods; and emergency work including repair or restoration of any completed Federally authorized hurricane, flood, or shore pro- tection project threatened or damaged by abnormal wind, wave or water action. b. Corps of Engineers, U.S. Army; Section 208 of the Flood Control Act of 1954 - Continuing construction authority for pro- jects to remove accumulated snags and debris, and to clear and straighten stream channels, in the interest of flood control. 14 OEP CIRCULAR 4000.5C February 1971 c. Corps of Engineers, U.S. Army; Section 14 of the Flood Control Act, July 24, 1946 - Continuing construction authority for emergency bank protection works to prevent flood damage to highways, bridge approaches and public works. d. Federal Highway Administration, U.S. Department of Transportation; Title 23 of the United States Code, Sections 120 and 125, authorizes Federal assistance for the repair or reconstruction of highways on the Federal-aid systems, 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 that have suffered serious damage as a result of a natural disaster over a wide area such as by floods, hurricanes, tidal waves, earthquakes, severe storms, or landslides. e. Office of Education, U.S. Department of Health, Education, and Welfare - Public Laws 815 and 874, 81st Congress, as amended, which authorize repair or restoration of damaged or destroyed public elementary or secondary school facilities and also current operating expenses upon the declaration of a "major disaster" by the President. f. Department of Agriculture, Public Law 58, 85th Congress authorizes rehabilitation of productive farm lands on a cost-sharing basis upon the declaration of a disaster area by the Secretary of Agriculture. 3. To be eligible for financial contributions an item of work must be for a purpose set forth in Public Law 91-606 and the Federal Disaster Assistance Regulations and must be specified in and per- formed as authorized by the approved project application. 4. No contract entered into by an applicant for disaster work or services shall contain a provision which makes the payment for such work contingent upon payment by the Office of Emergency Preparedness. 5. Insurance coverage must be reported and will be con- sidered in approving a project application. See Part 1710.21 32 CFR attached at Appendix C. 6. Public Law 91-606 does not provide for Federal assistance in the repair or restoration of public facilities used exclusively for recreational purposes. A separate determination will be made by the OEP Regional Director for each case involving a recreational facility. If Federal assistance is requested an applicant must provide 15 OEP CIRCULAR 4000.5C February 1971 a statement certifying that the damaged facility is also used for pur- poses other than recreational, and provide factual information to support such certification. 7. Public facilities in non-operable condition at the time of the disaster are not eligible under Section 203 or 252 (a) of the Act, except those down for emergency repairs or whose recommencement or operations were to have been expected within a reasonable time. Questionable cases shall be brought to the attention of the OEP Federal Coordinating Officer. 8. Work on privately-owned facilities is not eligible except where specifically authorized as follows: (1) clearance of debris and wreckage and (2) emergency protective measures necessary to remove an immediate hazard to life or property. Relief for other disaster damages may be available on an individual basis. (See Section IV above) 9. The acquisition of all lands, easements and rights-of- way necessary for the work is the responsibility of the applicant and the costs therefor are not eligible for reimbursement, except in unusual circumstances involving relocation of a facility when approved by the Director, OEP. 10. Costs for engineering, planning, supervision, design, and inspection where required because of the nature of the work may be eligible. When clearly beyond the applicant' s own capability, costs of such work performed for the applicant by contract may be eligible. The applicant should consult with the responsible State officials, and with the OEP Regional staff members, prior to entering into a contract for engineering or design services for which reimbursement may be requested under Public Law 91-606. Such engineering or design services related to debris removal would not normally be eligible. E. Specific Eligibility Criteria for Emergency Work. 1. Category A - Clearance of Debris and Wreckage. a. Debris and wreckage removal is limited only to that caused by the disaster. b. Costs for removal of debris and wreckage from publicly or privately owned lands and waters are eligible whenever the Office of Emergency Preparedness or its designated Federal agent deter- mines that the work is in the public interest. See Part 1710.9, 32 CFR attached at Appendix C. 16 OEP CIRCULAR 4000.5C February 1971 c. Qualitative Standards. (1) As a general rule debris should be cleared only to the extent corresponding to rough grading. (2) Removal of building foundations should be limited generally to shallow masonry footings and slabs which can be broken and piled by a bulldozer. (3) Embedded tree stumps will be cut only to ground level; uprooted tree stumps may be cleared as in (1) above. d. Specific examples of eligibility for clearance of debris and wreckage include but are not limited to the following: (1) Roads and streets to permit the orderly flow of traffic. This includes roads on the Federal-aid or other designated systems where Title 23 is not being invoked. (See para- graph D.2.d. above) (2) Drainage ditches alongside roads to restore adequate runoff of storm water. (3) Channels and streams, either natural or man made, as necessary to restore pre-disaster capacities and to prevent flooding from normal storm runoff. (4) Sewer and storm drains to permit adequate functioning of the systems. (5) Water supply reservoirs as necessary to prevent clogging of intakes and damage to appurtenant structures or to restore water storage capacity for normal service requirements, (6) Removal of buildings damaged by the major disaster to the extent they are beyond economical repair and present a threat to the general public's safety are eligible. Such conditions must be attested to by local authorities and verified by State-Federal officials. (7) Buildings which were moved off their foundations normally are eligible only for removal as debris. The only exception is where the building is structurally sound and is blocking a public right-of-way. In such cases the building may be moved to the nearest suitable location where it can be temporarily or permanently placed. Additional costs for placing the building on a permanent 17 OEP CIRCULAR 4000.5C February 1971 foundation or moving to a more distant location will be the responsi- bility of the applicant. 2. Category B. - Emergency Protective Measures. a. General. Protective measures to preserve life or to prevent imminent damage to public and private property may be eligible. Protective measures shall be limited to the minimum amount necessary to remove imminent threats to life and property. Certifi- cation of Federal officials responsible for safety and health must accompany the project application. The certification must identify the hazard involved and the specific emergency action required to reduce the hazard. b. Subject to the limitations stated in the pre- ceding paragraph, certain types of protective measures may be eligible. Examples that may be encountered include but are not limited to the following: (1) Emergency shore protective work is eligible where required to protect property which is in imminent danger of damage as the result of damaging effects of the major disaster. This will apply to public and private property including escape or evacuation roads or eligible highway systems on a barrier beach. The emergency work allowable will be limited to an amount required to protect against a storm which would be expected to occur not less frequently than every five years, not for a storm upon which design of a permanent protection project would be based. This time requirement will vary at different locations and shall be determined by OEP on an individual basis. In no event will work be approved which would provide protection beyond that which existed prior to the disaster. The OEP Regional Director shall determine the type of protection to be provided. (2) Construction of a buttress to protect improved property in imminent danger from land erosion or slippage may be eligible, when approved in advance by the Federal Coordinating Officer. (3) Construction of emergency flood protective levees where required for protection of life and property is eligible. Work by individuals to protect their homes or, businesses is not eligible. 18 OEP CIRCULAR 4000.50 February 1971 4)connection with disaster-affected dp ing operations and floodprotectionfaciliti sandbagging facilities is an eligible cost. Costs to the local applicant for sandbags used for protective pur- poses are eligible. (5) Emecorrectrgency measures meander of streams and rivers, and related damages thereto, are eligible where floodwaters have cut or are cutting new channels which pose an imminent threat to appurtenant structures or improved property. (6) Drainage of water trapped as a result of the disaster which has been determined to be a safety or health hazard is eligible. This may require either the construction of ditches and channels or a pumping operation, whichever is the most feasible and economical. (7) Decontamination of private wells is eligible only where pollution creates a danger to public health and safety. Individual cases of contamination are not eligible. Vector t of insects is pro- vided a Federal health officer certifies that disease- eligible carryingvectors resulting from the disaster are creating a serious health hazard and when approved by the SCO and the OEP Regional Director or FCC. Vector control work merely to eliminate a nuisance condition clearly not a serious health hazard, is not eligible. (9) Shoring up of damaged public and private property is eligible where necessary to protect the general public. If shoring is not technically or economically feasible, removal of the hazardous structure in part, or in its entirety, may be authorized under Category A. (10) Boarding up windows and other enclosures of public buildings to afford protection against the elements and to safeguard from looting is eligible. (11) expenses barricades, signs, and warning devices oare t for safety eligible. (12) Burying or proper disposal of dead animals where necessary to protect health and safety is eligible. The appropriate certification will be required from a Federal Health Officer. 3. Category C-1 - Emergency Repair or Replacement of Street, Road, and Highway Facilities. 19 OEP CIRCULAR 4000.5C --� February 1971 a. Existing street, road, and highway facilities maintained by an eligible applicant, except those facilities on the Federal Aid and other designated systems (See paragraph D.2.d. above) under the statutory authority of the Federal Highway Administration are considered eligible. b. Limitation of Eligibility. (1) If detours or by-pass roads are feasible, such provisions will constitute emergency replacement. (2) Emergency repair and replacement will be limited to the minimum required to provide safe two-way traffic, except that the predisaster roadway width will not be exceeded. c. Examples of specific criteria to be used as guidance for emergency repair or replacement of streets and roads are as follows: (1) The construction of an emergency detour or by-pass road necessary to accommodate traffic during restoration of an eligible damaged facility is considered eligible. (2) Where paved roads and streets have been damaged to an extent that holes, cracks, blisters, or other areas of deterioriation have made them impassable or create a hazard to personal safety, patching is eligible. Gravel or its local equivalent will normally provide a minimum safe repair to accomodate light movement of traffic. Bituminous patching may be authorized on roads or streets sub- ject to heavy or high speed traffic. (3) Where hard road surfacing has been damaged to an extent as to make patching impractical, replacement by gravel or other surfacing material of sufficient thickness to provide a minimum all-weather road to permit flow of traffic during its expected emergency use is eligible. The volume, flow, type of traffic, and the length of time the temporary repairs will be in use, shall be the controlling factors in determining the kind of replacement material to be used. (4) Boardwalks are eligible if publicly owned and used for commercial purposes, i.e., necessary to provide access for firefighting equipment, ambulances, police vehicles or police protection or fronting on commercial establishments. The extent of emergency repair or restoration of boardwalks shall be limited to the minimum amount necessary to permit resumption of vehicular traffic flow as required for the purposes stated above. 20 OEP CIRCULAR 4000.5C February 1971 (5) Emergency repair of alleys which provide an essential public service is eligible on the same basis as for roads and streets. d. Examples of specific criteria to be used as guidance for emergency repair or replacement of bridges and crossings are as follows: (1) An essential bridge serving urban or rural areas which is damaged to an extent that it is unsafe for traffic is eligible for emergency repair only if a detour is not readily available. (2) Material to accomplish emergency repairs or replacements generally shall be of untreated timber or its local equivalent. If more permanent materials such as concrete or steel are necessary, pro- ject approval will be under Category C-2. (3) Where an essential bridge has been destroyed or damaged to an extent that emergency repairs are not technically or economically feasible, and no other means is available to maintain traffic flow, a detour or an expedient temporary crossing may be authorized. This would normally be limited to a culvert or low water crossing or other expedient type of structure. (4) Culvert or pipe for construction of temporary low water crossings shall be the most economical available which meets the minimum requirements at the site of the crossing. Thickness of concrete layer for ford will depend on circumstances at site. (5) Bridges, roads, streets, or related facilities not under the direct supervision of an eligible applicant may be eligible for emergency repairs or replacement provided: (a) They serve a public purpose and are available for public use at all times, and (b) They are considered essential for the health and safety of the principal users with no alternate facilities available within a reasonable distance, and (c) The political subdivision has assumed responsibility for future maintenance of the bridges and access roads as stated in the project application. 21 OEP CIRCULAR 4000.5C February 1971 4. Category D-1 - Emergency Repair or Replacement of Dikes, Levees, Irrigation Works, and Drainage Facilities. a. Limitations of Eligibility. (1) Flood control, drainage, and irrigation works which are operated, controlled, or maintained by an eligible applicant may be eligible. (2) Eligibility for assistance under statutory authorities or administrative policies of the U.S. Army Corps of Engineers, the U.S. Department of Agriculture or other Federal agencies will be con- sidered in making a final determination of eligibility for assistance under Public Law 91-606. (3) In all applications for emergency repair or replacement of flood control, drainage and irrigation works, the applicant must state the extent to which the damaged facilities were insured and such works or facilities were previously constructed, main- tained, or restored with other Federal financial assistance; and, if so, through what Federal agency. Further, the applicant must state whether any other request has been placed with any Federal agency for such emergency assistance. .-. (4) When the application or request indicates previous or pending Federal assistance, such application or request will be coordinated by the OEP Regional Director with the appropriate Federal agency prior to final action. b. Dikes and Levees . (1) Emergency repair or replacement of dikes and levees will be limited to fill to the previously existing elevation and general cross section, unless additional work is required to insure the structural integrity of the dike or levee. (2) Finish will not exceed rough grading. Riprap or sodding will be considered as applicable only under Category D-2. (3) Appurtenant structures will be constructed of appropriate materials consistent with other components of the emergency repair or replacement. (4) Emergency repair may be made to roadways along the top of the structure as required to provide access for main- tenance and flood control operations but not to exceed that which previously existed. 22 OEP CIRCULAR 4000.5C February 1971 c. Irrigation Works. (1) Emergency repair or replacement of irrigation works and facilities will be limited to excavation or fill to the general channel cross section existing immediately prior to the disaster. (2) Finish will not exceed rough grading. Riprap or sodding will be considered as applicable only under Category D-2. (3) Appurtenant structures will be constructed of appropriate materials consistent with other components of the emergency repair or replacement. d. Drainage Channels. No emergency work on drainage channels is con- templated inasmuch as work that may be required on an emergency basis is eligible under Category A or B. 5. Category E-1 - Emergency Repair or Replacement of Public Buildings and Related Equipment. a. Costs for emergency repair or replacement of damaged or destroyed public buildings essential for the protection and preservation of life and property are eligible. b. Emergency repair or replacement is considered to be the minimum necessary to return the facility to a safe operating condition. In many cases, the protective measures authorized under Category B will preclude the need for emergency repairs. Emergency replacement facilities will be considered and, whenever economically feasible, will be used where public buildings are damaged to such an extent that extensive repairs are required. Except for minor repairs that can be made in a short period of time, repairs or reconstruction will be made to predisaster design under Category E-2. c. Ineligible Buildings . (1) Public elementary and secondary school facilities eligible under the major disaster provisions of Public Laws 81-815, or 81-874, as amended, administered by the Office of Education, U. S. Department of Health, Education, and Welfare (2) Private schools. 23 OEP CIRCULAR 4000.5C February 1971 (3) Buildings used exclusively as recreational facilities. d. Publicly-owned buildings or other structures that are leased or rented to private interests may be eligible for emergency repair or replacement, but only to the extent of the responsi- bility of the public entity under the terms of a formal written lease or rental agreement. Privately-owned buildings or other structures serving as public facilities that are leased or rented to a public entity may be eligible for emergency repair or replacement, but only to the extent of the responsibility of the public entity under terms of a formal written lease or rental agreement. e. Replacement of equipment destroyed or damaged will be considered under Category E-2. f. Examples of emergency repair or replacement of public buildings. (1) Rental of quarters for use by the public entity while restoration of a damaged building takes place. (2) Replacement of broken windows. (3) Replacement of a damaged roof section. 6. Category F-1 - Emergency Repair or Replacement of Publicly-owned Utilities. a. Emergency repair or replacement of damaged or destroyed publicly-owned utilities is eligible. b. Public utilities include, but need not be limited to, such services as water, power, and sewerage facilities. c. Emergency repair or replacement of publicly- owned utilities is the minimum amount of work necessary to permit safe resumption of the service that was provided prior to the disaster. d. Specific examples of criteria for emergency repair or replacement of publicly-owned utilities are: (1) Cost of emergency 'hook-ups pending restora- tion. This would include, but not be limited to: 24 OEP CIRCULAR 4000.5C February 1971 (a) Tapping the water system of an adjoining community until normal supply facilities become operative. (b) By-passing a damaged section of the distribution system until emergency repairs can be made. (c) Hooking into privately-owned or other public power sources pending repairs to the applicant' s generating plant. (2) Emergency repairs to a publicly-owned utility will be limited to those repairs which can be accomplished faster and more economically than the types of expedient replacements shown above. Damage to publicly-owned utilities which requires more extensive repairs or reconstruction will be considered under Category F-2. F. Specific Eligibility Criteria for Permanent Work. 1. Category C-2 - Restoration of Street, Road and Highway Facilities. a. Existing streets, roads, and highway facilities which are maintained by an eligible applicant, and which are damaged or destroyed as a result of a major disaster, may be eligible for restoration on the basis of predisaster design in conformity with applicable codes, specifications and standards, when not covered by insurance. See Part 1710.11, 32 CFR attached at Appendix C. b. Limitations of Eligibility. (1) Street, road, and highway facilities which are on the Federal Aid and other designated systems (See paragraph D. 2. d. above) are ineligible. (2) Street, road, and highway facilities which serve only areas which are exclusively used for recreational purposes are ineligible. (3) Insurance receipts and the value of any salvaged materials from the damaged or destroyed facility which can be further used shall be deducted from the estimated cost of repair or replacement. 25 OEP CIRCULAR 4000.5c February 1971 --� c. Definition of Terms. (1) Facilities. Any construction features within the public right of way which are essential to make the street, road or highway facility a functional whole. It includes, but is not limited to, bridges, drainage structures, supporting surfaces and safety features. (2) Codes, Specifications and Engineering design criteria whichareapplicablefore Standards n as established and used in the affected area b the applicant.Plntt restoration Part 1710.11 (b) (3) , 32 CFR attached at Appendix c See ix C. (3) Pre disaster of the facility such as number e Design of traffic la The traffic nes existing prior to the disaster. In the case of a bridge over a stream, it also includes the expected flood flow of the waterway. guidance for restor Examples as ration of street, criteria road, or highway facilities to be used are as follows: (1) If a bridge is damaged as the result of a major disaster, the bridge is eligible for repair in accordance with current standards of the affected applicant for the traffic volume for which the bridge was originally designed. If the entire bridge is damaged to such an extent that repairs are not economically feasible, the entire bridge can be replaced in accordance with predisaster design and in conformity with applicable standards. If the bridge originally had two 10-foot lanes, no shoulders and was designed for H-10 loading and the current standards in use by the applicant, for the traffic volume for which the bridge was originally designed required 12-foot lanes, shoulders, sidewalks, and H-15 loading, the Federal contribution would properly include such costs. If only a portion of a multispan structure is destroyed and the other span or spans remain sound, the Federal contribution would be limited to the cost of replacing the damaged span or spans. In this case, the design of the damaged section would be similar to the undamaged section. If the applicant decides to build a facility adequate for future traffic volumes, such as a four-lane bridge, the additional cost of the betterment will be the applicant's responsibility. (2) If a road is washed out, it will be repaired only to its predisaster basis of design in accordance with current applicable standards. If the damaged section of road contains only a single 10-foot lane, that is all that will be replaced; except that if the 26 OEP CIRCULAR 4000.5C February 1971 applicant desires to rebuild the entire section of the road, beyond and adjoining that damaged, the Federal contribution will be based on the estimated cost of reconstructing such damaged areas in accordance with the current applicable standards of the applicant for the traffic-volume for which the road was originally designed. In this case, any additional cost will be the applicant' s responsibility. If the applicant decides to build a facility adequate for future traffic volumes, such as a two or four lane road, the additional cost of the betterment will also be the applicant's responsibility. (3) Culverts that are washed out may be replaced by culverts of similar construction or by larger culverts if required by current applicable standards. However, if a culvert is merely plugged, and no other damage has been sustained, the Federal contribution will be limited to the cost of emergency work required to clean the culvert. (4) Such items as manholes, curbs, and gutters damaged by the disaster or by equipment performing emergency disaster work are eligible. (5) Public sidewalks are eligible if their maintenance is a responsibility of the local government. "0--. (6) Shoulders, embankments and drainage ditches are eligible for repair or replacement in accordance with current standards. (7) Restoration of road or street name signs, traffic control signs, signal lights, and other publicly owned traffic control equipment is eligible. (8) Publicly owned boardwalks are eligible; however, the extent of restoration shall be limited to returning the facility to predisaster design. Privately-owned boardwalks, or those used exclusively for recreational purposes, are not eligible. 2. Category D-2 - Restoration of Dikes, Levees, Irrigation Works, and Drainage Facilities. a. Limitations of Eligibility. See Part 1710.11, 32 CFR attached at Appendix C. 27 OEP CIRCULAR 4000.5C February 1971 (1) Flood control, drainage, and irrigation works which are operated, controlled or maintained by an eligible applicant may be eligible for restoration, when not covered by insurance. (2) Eligibility for assistance under statutory authorities or administrative policies of the U. S. Army Corps of Engineers, the U. S. Department of Agriculture, or other Federal agencies will be considered in making a final determination of eligibility for assistance under Public Law 91-606. (3) In all applications for restoration of flood control, drainage, and irrigation works, the applicant must state whether such works or facilities were insured; or previously constructed, maintained, or restored with Federal financial assistance; and, if so, through what Federal agency. Further, the applicant must state whether a request has been placed with any other Federal agency for such emergency assistance. (4) When the application or request indicates previous or pending Federal assistance, such application or request will be coordinated by the OEP Regional Director with the appropriate Federal agency prior to final action. b. Dikes and Levees. (1) Restoration of dikes and levees will be limited to the previously existing elevation and general cross section, unless additional work is required to insure the structural integrity of the dike or levee. (2) Finish grading, riprap, or other protective features will be in accordance with current applicable standards, as practiced by the applicant throughout its system or facility. (3) Appurtenant structures will be constructed of appropriate materials equal in quality to those contained in the damaged structure. (4) Roadways along the top of a structure may be restored not to exceed the predisaster design. c. Drainage Channels. Restoration of drainage channels is eligible to the extent of restoring them in accordance with their predisaster design. Such restoration may include reconstruction of damaged paved channels, bank protection, or other features which existed prior to the disaster. 28 OEP CIRCULAR 4000.5C February 1971 d. Irrigation Works. (1) Restoration of irrigation works and facilities shall be limited to the reconstruction necessary to permit operation of the facilities. (2) Finish grading, riprap, or other protective features will be in accordance with current standards as practiced by the applicant throughout the system or facility. (3) Appurtenant structures such as drops, checks, siphons and flumes, will be constructed of appropriate materials equal in quality to those contained in the damaged structure. (4) When it is not feasible to reconstruct or repair damaged facilities in their predisaster location, or when savings can be realized by relocation, replacement facilities may be constructed at alternate locations. 3. Category E-2 - Restoration of Public Buildings and Related Equipment. a. Eligible public buildings include, but need not be limited to, the physical plant and equipment of such facilities as hospitals, public libraries, penal and welfare institutions, police and fire stations, and public office buildings when not covered by insurance. b. Eligible work includes that which is necessary to fully restore the facility, including equipment, on the basis of design of that facility, as it existed immediately prior to the disaster, but in accordance with current codes, specifications, and standards. This may include minimum disaster-proofing measures. See Part 1710.11, 32 CFR attached at Appendix C. c. Examples of criteria pertaining to restoration of public buildings and related equipment. (1) Where a publicly-owned building receives extensive damage only to its roof, but remains structurally sound, the Federal contribution will be limited to the cost of repairs to that roof. The materials used will be selected on the basis of economy consistent with current standards, and location, usage, and function of the building. Long-term maintenance expenses will be a factor considered. Specific examples of repairs authorized are given below: 29 OEP CIRCULAR 4000.SC February 1971 (a) Floors. Restoration shall be made in the most economical manner which meets local building code requirements. Sanding of damaged wood floors may serve as an adequate substitution to partial or total replacement, depending upon the extent of damage. (b) Walls and Ceilings. General repairs may be made where necessary. Walls and ceilings shall be repaired wherever feasible with materials similar to those used in the original building. (c) Doors and' Windows. Restoration will be that necessary to repair the damaged portions. Careful evaluation shall be given to the cost of repair as opposed to replacement in kind. (d) Roofing. Repairs of roofs normally will include the same types of materials as those damaged. (e) Heating systems. Repairs shall be the work required to safely return the heating unit to predisaster capacity. With this type of equipment, economy may dictate a replacement unit rather than extensive and costly repairs. In no event shall a heating system be approved where it did not previously exist. (f) Plumbing Fixtures. Damaged enameled sinks, bowls, water closets, etc. , normally do not lend themselves to economical repairs. Accordingly, replacements are permitted in those cases where such replacement is necessary to restore the functioning of the system to predisaster design. Manufacturers standard faucets, taps and drains of minimum design shall be specified. (g) Air Conditioning Systems. Restoration of air conditioning systems or units is allowable to the extent of returning them to prior operating condition. In no event shall air conditioning be approved where it did not previously exist. (h) Electrical Wiring. The repairs to electrical wiring shall be those necessary to conform to the local code. (2) Where a publicly-owned building is destroyed or damaged to the extent that it would not be economically or technically feasible to perform repairs, a suitable replacement structure conforming to local building code requirements and with minimum disaster proofing may be authorized. The capacity of the replacement structure would be limited to the same capacity as the original structure. For example, if the original building was designed to provide office space for 160 people, but contained no cafeteria or auditorium, the Federal contribution will be limited to the amount that is required to provide a building containing the following, whichever is greater: 30 OEP CIRCULAR 4000.5C February 1971 (a) The same number of square feet as the original building, or (b) Office space for 160 people based on the number of square feet per person according to current standards. The Federal contribution will not pay for an auditorium or cafeteria despite the fact such features would be included if the building were to be designed new today. Similarly, elevators, air conditioning, escalators, etc. , which did not exist previously, will not be provided. Lighting levels, plumbing and installed fixtures based on current codes would be used in determining the Federal contribution. (3) Repair or Replacement of Equipment. (a) Office Equipment and Supplies. Equip- ment such as typewriters, desks, chairs, etc. , is usually available from Federal and State surplus or in the used market and replacement of these destroyed items should be procured from these sources to the fullest possible extent. Replacement of consumable items such as paper, forms, pens, pencils, etc. , shall be limited to the quantity necessary for 30 days of operation. (b) Service Equipment. Police cars and motorcycles, fire trucks, public works construction and maintenance equipment, etc. , may be eligible for repair or replacement in accordance with the following criteria. 1. General. A separate damage report will be prepared for each piece of equipment and the report should include a detailed description of damage, recommended repairs based on the criteria below, and will be identified by make, model number, and year. 2. Repairs. a. Only those repairs that are necessary to make a piece of equipment operable and safe will be considered eligible under PL 91-606. Generally, a highway vehicle can be considered safe if it is in a condition that would permit passage of a State Safety Inspection. The cost of allowable repairs normally will not exceed the "Blue Book" retail value of the piece of equipment less any salvage value and insurance recoveries. 31 OEP CIRCULAR 4000.5C February 1971 b. Allowable Repairs include the following: broken glass including head, tail, and turn lights; body damage which affects latches or locks such as bent or sprung doors, hoods or trunk lids; chassis damage which impairs alignment; two protective coats of paint where repainting is required. 3. Replacement. Seriously damaged or destroyed equipment will normally be replaced with used equipment of the same approximate value. However, if an applicant desires to replace a piece of damaged equipment with new or better equipment, the Federal assistance will normally be limited to the lesser of the following: a. The cost of repairs as outlined above. b. The "Blue Book" retail value of the equipment less any salvage value and insurance recoveries. Specialized equipment for facilities such as laboratories, hospitals, trade schools, etc. , shall be replaced with the minimum amount of equipment necessary to permit continued operation of the facilities. 4. Category F-2 - Restoration of Publicly-owned Utilities. a. Restoration of damaged or destroyed publicly- owned utilities is eligible to the extent not covered by insurance. b. Public utilities include, but need not be limited to, such services as water, power and sewerage facilities. c. Restoration of public utilities will be geared to that amount of work necessary to permit safe resumption of the service that was provided by the facility prior to the disaster. Repairs will be made whenever such action is feasible and more economical than replacement. (1) Repair of public utility distribution systems normally requires the same general type of materials as previously existed. If more economical and satisfactory alternate materials are available, they shall be used. (2) Cleaning of storm and sanitary sewer lines damaged by the major disaster is eligible to the extent necessary to restore adequate functioning of the system under normally expected conditions. 32 OEP CIRCULAR 4000.5C February 1971 In order to avoid the incurring of excessive costs which may not be eligible, it is suggested that applicants discuss sewer cleaning projects with the OEP Federal Coordinating Officer prior to the performance of such work. Inspection of sewer lines by television or photographic equipment to determine damages will be authorized only in those exceptional cases where it can be proved more advantageous and economical. (3) Repair or replacement of essential disaster- damaged measuring devices such as meters is eligible provided the responsibility is that of the applicant. (4) Where equipment integral to the operation of public utilities is found to be obsolete and difficult or impossible to obtain, the economy of replacement by comparable equipment shall be evaluated against repairs to original equipment. (5) If a portion of a publicly-owned utility is destroyed or damaged to such an extent that repair is not economically or technically feasible, the damaged portion may be reconstructed to its predisaster design. For example: The Federal contribution towards replace- ment of a destroyed sewage treatment plant with a capacity of 1 million gallons per day (mgd. ) would be limited to the cost of a sewage treatment plant with the same design capacity. The replacement sewage treatment plant may be of a different design if such design is more economical or if required by current applicable standards. The Federal contribution would not cover increased capacity even if such increase were necessary due to increase in population or other factors. 5. Category G - Repair and Restoration of Public Facilities Under Construction . a. Section 252 (b) of Public Law 91-606 provides that, after the declaration of a major disaster by the President, eligible applicants may be reimbursed not more than 50 percent for repair or restoration of projects under construction which are damaged or destroyed as a result of the major disaster. It also provides for reimbursement of not more than 50 percent for additional eligible costs incurred due to disaster-caused changed conditions to complete any such project, unless covered by insurance. See Part 1710.17, 32 CFR attached at Appendix C. b. Repair or restoration will be made in accordance with the plans and specifications of the project, except: where changed physical conditions require alteration of such plans and specifications, the restoration will be made using the most economical means possible. For further information or assistance, applicants should contact the State Coordinating Officer. 33 OEP CIRCULAR 4000.5C Febraury G. Categories of Eligible Cost. 1. General. Only certain costs incurred in disaster operations are eligible for reimbursement. The following paragraphs describe those specific items which are clearly eligible or clearly ineligible. Project applications and the Summary of Documentation should be submitted accordingly. 2. Salaries, Wages, and Administrative Expenses. a. Eligible. Salaries and wages (including overtime) of regular and extra employees of the applicant directly engaged in the performance of eligible disaster work, except as noted in b below. b. Ineligible , (1) Regular salaries of regularly employed policemen and firemen. (2) Costs incurred by the National Guard, except as indicated in paragraph 4, below. (3) Administrative expenses including: (a) Salaries, wages, and expenses of State and local officials who are responsible for directing regular governmental activities. (b) Salaries, wages, fees, and expenses of individuals or firms while engaged in the preparation and processing of project applications, claims for payment and supporting documentation, including costs of damage estimates. (c) Related legal fees. (d) Office supplies and equipment. (e) Rent. (f) Telephone and telegraph expenses. (g) Interest charges. 34 r. OEP CIRCULAR 4000.5C February 1971 3. Cost for Equipment, Supplies, and Materials_ a. Eligible. (1) Costs for materials and supplies consumed in eligible disaster work, including those procured by direct purchase or taken from applicant' s stock. (2) Rental costs of privately-owned equipment used in performing eligible disaster work, provided rental rates are comparable to the lowest rates available for the same or similar equipment in the locality. (3) Costs incurred in the operation of applicant- owned equipment or publicly-owned equipment used by an applicant, in eligible disaster work. Such costs will be based on either (a)or (b) below: (a) A rate schedule may be obtained from OEP Federal Coordinating Officer for the usual types of equipment utilized during disaster operations. This schedule has been developed from historical records for costs of owning and operating equipment throughout the country. The schedule covers all costs eligible under PL 91-606 for ownership and operation of publicly-owned equipment except labor costs of operators. It includes depreciation, all repairs, fuel, lubricants, tires, and other operating costs of a similar nature. If an applicant uses equipment which is not listed on the above schedule, he should submit the make, model and horsepower of the equipment to the OEP Federal Coordinating Officer who will furnish the allowable rate. (b) State or local operating cost schedules based on the same criteria as listed under(a) above. Each such schedule must be furnished to the OEP Federal Coordinating Officer for acceptance prior to approval of the project application. Schedules submitted must include a breakdown of the components as shown in(a)above. b. Ineligible . (1) Costs of hand tools (shovels, handsaws, hammers, etc. ) , personal equipment and protective clothing. (2) Charges for insurance, storage, overhead and administrative costs. (3) Repairs and fuel for privately-owned rented equipment, except where the rental agreement provides that the applicant will be responsible for such repair and fuel in addition to the rental. 35 OEP CIRCULAR 4000.5C February 1971 (4) State and local taxes. 4. Costs of Work Performed by the National Guard . a. Eligible . Where projects eligible under PL 91-606 are undertaken by the National Guard on a project basis, full project costs, including wages and salaries of National Guardsmen directly engaged in project work or supervision, are eligible when such projects are approved in advance by the Director or Regional Director. b. Ineligible . Use of the National Guard for public safety, or other security measures, is not a type of project eligible for reimbursement. 5. Costs for Work Performed by Contract . a. Eligible . Reasonable costs for work performed by private contractors on eligible projects. b. Ineligible . .-. (1) Costs incurred under contracts based on cost plus a percentage of costs, except when approved by the OEP Regional Director to avoid unacceptable delays to emergency work. Justification for this type of contract must be available at the applicant's office. (2) State and local taxes. 6. Costs for Work Performed by Arrangement with Other Political Subdivisions . a. Eligible . Costs for work performed under arrangements between political subdivisions, but limited to the direct costs of the performing political subdivision, which would be eligible if the applicant had performed the work. 36 OEP CIRCULAR 4000.5C February 1971 b. Ineligible . (1) Costs for work performed under arrangements between a State or political subdivision of a State, and a Federal agency, except where approved by the OEP Regional Director. (2) State and local taxes. 7. Costs for Lands, Easements and Rights of Way . All costs incurred for lands, easements or rights of way are normally ineligible, except as noted in paragraph D. 9. , above. 8. Cost for Work Performed by Service, Fraternal, and Other Similar Organizations Which Do Not Normally Contract Their Services for Disaster Relief . a. Eligible . Only out of pocket costs for equipment, material and supplies used or consumed in the performance of eligible work. �.. b. Ineligible . Wages or salaries of member personnel engaged in disaster relief activities. 9. Civil Defense Property Purchased with Federal Contributions. a. Eligible . Items of property acquired for civil defense purposes under the Federal Contributions Program (Public Law 920, 81st Congress, as amended) , administered by the Office of Civil Defense, provided such items have been consumed, lost, damaged, or destroyed in the performance of eligible disaster work, without negligence or breach of condition on the part of the State or any political subdivision. b. Ineligible . Stockpiled items purchased under the Contributions Program for civil defense purposes which are lost, damaged, or destroyed by a major disaster while in storage. 37 OEP CIRCULAR 4000.5C February 1971 VI. PROCEDURES FOR PUBLIC ASSISTANCE UNDER PL 91-606 A. Project Applications. 1. General. a. Federal financial assistance is provided on the basis of project applications submitted through the State by eligible applicants, and approved by the OEP Regional Director. b. The project application is a supplemental agree- ment under the Federal-State Disaster Assistance Agreement. The project application is fulfilled only when the applicant's performance complies with all applicable OEP Regulations, the provisions of these instructions and the Federal-State Agreement. c. Each eligible applicant desiring Federal assist- ance should submit a project application to the State as soon as possible following the major disaster. Requests for permanent work or special projects may be submitted through the State to the OEP Regional Director as supplements to the project application. The applicant must allow the State adequate time for review and submission to OEP within the 90 day limit set forth in Part 1710.8 CFR (See Appendix C) . Each applicant will submit only one project application (Form OEP 152) however, it is recognized that complete information may not be available within the above time limit to include details on all permanent work or special projects made necessary by the major disaster. Therefore, it is anticipated that the project application will normally, as a minimum, cover the emergency work required, and that supplements to the project application will be submitted as necessary covering the permanent work. This does not preclude inclusion of permanent work or special projects in the original project application if such line items do not delay submission of the project application for emergency work. State and Federal inspectors will cooperate with the applicants to the extent possible to assure that both project applications and supplements are submitted and processed in a timely manner. An applicant should consult with the State Coordinating Office on measures needed to assure expedited preparation, processing, and approval of project applications. If additional emergency work is found to be necessary, a separate supplement may also be submitted for such work, accompanied by justification of the delayed submission. (1) Supplements which include additional items of work must be submitted within the period specified above. 39 OEP CIRCULAR 4000.SC February 1971 (2) Supplements which cover increases to the estimated cost of previously approved work, while not subject to the above time limitation, shall be submitted as soon as possible, but no later than submission of the request by the applicant for a final inspection. (See Paragraph E.3 below. ) d. The applicant shall forward the Project Application or supplement to the State Agency responsible for disaster relief. After review and recommendation by the State agency, it shall be transmitted to the appropriate Regional Office of the Office of Emergency Preparedness. 2. Preparation of Protect Applications. a. The application provides a common basis of understanding among the applicant, the State, and the Federal Government as to precise authority for and limitations of work projects described by the project application and approved by the OEP Regional Director. Careful preparation of the project application will expedite processing of the application and final accounting for funds. A sample project application is included in Appendix E. b. The project application must contain a description and estimated cost of emergency work for which Federal assistance is being requested, and a listing of those projects which are expected to be accomplished as permanent work. c. Project applications and supplements for permanent work will include the following, as appropriate, for each project applied for: (1) A word description and single line drawings showing control dimensions and relationship to existing undamaged portions in sufficient detail to describe the qualitative and quantitative scope of work. Reference to the damage survey reports may suffice. (2) A cost estimate. (3) A schedule of dates for various phases of the work, including design, invitation to bid, award of contract, and completion of work. (4) A reference to the applicable codes, specifications and standards in use prior to the disaster. (See Part 1710.11 b. (3) 32 CFR, attached at Appendix C) . 40 OEP CIRCULAR 4000.5C February 1971 d. Project applications and supplements must be prepared in an original and a minimum of four copies. Form OEP 152 should not be used for supplements. A letter signed by the applicant and the State with all necessary information and supporting documents is all that is required for supplements. Supplements are to be identified with the same number as appears on the initial project application with the notation "SUPPLEMENT 1, " "SUPPLEMENT 2," etc. , following the project application number. e. Every project application shall contain a certification by the Governor, or the State Coordinating Officer, that Federal financial assistance applied for will be or has been, expended in accordance with applicable laws and regulations. f. Every project application must be accompanied by an assurance of compliance with OEP Regulation 5 (effectuating Title VI of the Civil Rights Act of 1964) . See Section VII and Appendix D. g. If applicant is other than a State, county, city, village, or township, the following information is required: (1) Number of land-owners affected. (2) An ownership map of the area served by applicant's facilities. (3) An opinion of the State's Attorney General, citing the appropriate statutory authority, that the applicant is a political subdivision of the State. h. Other available supporting documents, such as photographs, maps, damage survey reports, etc. , should also be submitted as part of the project application. 3. Review and Approval of Project Applications. a. Federal approval of project applications is given by the OEP Regional Director or his authorized representative. b. If a project application is approved without change, two signed copies thereof evidencing such approval shall be returned to the State, one of which shall be forwarded to the applicant. c. If the approval is made subject to revisions, additional conditions, or partial disapproval, two signed copies thereof 41 r OEP CIRCULAR 4000.5C February 1971 evidencing such approval, together with a full explanation of the revisions or additional conditions, shall be returned to the State, one of which will be forwarded to the applicant. d. If a project application is disapproved by the Regional Director, or his authorized representative, the original and all copies, except one Regional Office file copy, shall be returned to • the State with a letter of transmittal stating the reasons for disapproval. e. If the project application is disapproved in whole or in part, the disapproved items may be resubmitted with additional justification within 3O days of the date of return to the State. f. If disapproved items are resubmitted and again disapproved by the Regional Director, the disapproved items may be re- submitted, in writing, within 3O days of such disapproval, through the Regional Director with any further justification, for consideration by the Director, OEP. B. Direct Assistance by Federal Agencies. 1. General. a. If work required as the result of a major disaster is beyond the capability of an applicant an effort should be made to have the work performed by the State. If the State is unable to perform the required work, disaster assistance may be provided by Federal agencies, as provided in paragraph 2, below. b. Assistance to be furnished by any Federal agency as stated in paragraph a. above, shall be subject to the criteria of eligibility for such work, as provided for in the Federal Disaster Assist- ance Regulations (See Appendix C) and in Section V of this Manual. 2. Requests for Assistance from Federal Agencies. a. Following the declaration of a "major disaster," performance of work by Federal agencies may be provided on the basis of requests by local governments through the State and approved by the OEP Regional Director. (1) A local applicant' s request for work shall • be in the form of a Resolution by the governing body of the local govern- ment and must contain the information shown in the sample Resolution on page 44 42 OEP CIRCULAR 4000.50 February 1971 (2) A request from a State agency will be in letter form, and must contain the information shown in the sample Resolution. (3) Requests for direct Federal assistance must be accompanied by the following: (a) A certification as printed on page 45, (b) A statement outlining the reasons why the work cannot be done by the applicant or the State. (c) An assurance by the applicant of compliance with OEP Regulation 5, Civil Rights. Refer to Appendix D. b. Upon receipt of the applicant's request, the Regional Director will review it in conjunction with the Federal-State damage survey report to determine the nature and extent of eligible work. If the request is approved, the Regional Director will arrange for the appropriate Federal agency to perform the eligible work. Concurrently, the State and applicant are advised by the Regional Director of the action taken. c. If all or any portion of the requested work falls within one of the statutory authorities of a Federal agency, the Regional Director will refer such work to that agency, and advise the State of his referral. Normally, PL 91-606 financial assistance will not be provided in such cases. 43 OEP CIRCULAR 4000.5C February 1971 SAMPLE RESOLUTION WHEREAS, on the day of , 19. the President declared a "major disaster" in the State of under the provisions of Public Law 606, 91st Congress, and WHEREAS, is a public entity within said State; NOW THEREFORE, Be It Resolved, by of (Governing Body) (Public Entity) that the Office of Emergency Preparedness be and hereby is requested to arrange to have the appropriate Federal Agency perform the following work: (Describe the work or other assistance requested.) --. This body certifies that, to the best of its knowledge and belief, requested work is eligible under Public Law 606, 91st Congress, and agrees to (a) the ease- ments,g provide without cost to the United States all lands, and right-of-way necessary for accomplishment of the approved work; and (b) hold and save the United States free from damages due to the approved work and with respect Federal p Government against any to debris removal shall indemnify the y claim arising from such removal. Passed and approved this —�_ day of ��_, 19 Name and Title Name and Title Name and Title SAMPLE 44 OEP CIRCULAR 4000.5C February 1971 SAMPLE Resolution (Public Entity) (Date of Resolution) CERTIFICATION I , duly appointed and of , do hereby certify that the (Title) above is a true and correct copy of a resolution passed and approved by the of on the (Governing Body) (Public Entity) day of , 19_ Date: (Official Position) (Signature) CONCURRENCE: I concur in the request of , a public entity under the laws of the State of . The Governing body has the authority to issue this Resolution. State Coordinating Officer Date: SAMPLE 45 OEP CIRCULAR 4000.5C February 1971 3. Predisaster Assistance. PL 91-606 authorizes the use of Federal government resources to avert or lessen the effects of an imminent major disaster. See Part 1710.36, 32 CFR attached at Appendix C. For further information, or to request assistance, contact the State Coordinating Office. 4. Fire Suppression. The Director, OEP, may allocate funds to assist in the suppression of any fire on publicly or privately-owned forest or grassland which threatens such destruction as to constitute a major disaster. See Part 1710.37, 32 CFR, attached at Appendix C. For further information, or to request assistance, contact the State Coordinating Officer. C. Grants-in-Lieu. If an applicant desires to construct a larger facility or provide a more elaborate replacement in lieu of authorized work, he may apply for a grant equal to that estimated to be required for repair or replacement under PL 91-606. Construction for which contribution may be made is considered to be of a design, size or type, or composed of materials, different from those which will constitute eligible repair or replacement. Approval and payment of grants-in-lieu will be based on the following: 1. Separate requests must be submitted for each such grant-in-lieu. Each request will include information outlined in paragraph VI A (2) (c) above. 2. The project application line item to which the grant- in-lieu applies must be separate from all other line items, and the OEP Regional Director' s conditions of approval will be separately stated for such grants-in-lieu. 3. The amount for which a grant-in-lieu is approved will be based on a cost estimate for the eligible work. 4. Final payment will not exceed the approved amount of the grant-in-lieu. In cases where the actual documented cost of the grant-in-lieu item is less than the original estimated cost of the work to be done, final payment will be the approved amount of the grant-in-lieu reduced proportionately. D. Advances of Funds. 1. Federal funds may be advanced to States on the basis of approved project applications to meet the emergency needs of an eligible applicant. Such advances may be made when requested in writing by the 46 r OEP CIRCULAR 4000.5C February 1971 applicant's authorized representative and approved by the State Coordinating Officer and the OEP Regional Director, or his representative. 2. The amount advanced will normally be based on the applicant's immediate cash requirements but the total of such advances will not exceed 75 percent of the approved project application. The • Governor or the OEP Regional Director may limit the total advance to a lesser amount depending on the circumstances. • 3. Where the amount of the project application exceeds $10,000, the advance will normally be made in increments with the amount determined by the sum of the applicant's eligible expenditures to date and estimated eligible expenditure for the next 60 day period. In such cases a separate request must be made for each advance. 4. The form shown on page 48 will be used by applicants in requesting advances. E. Inspections. 1. Damage Survey Reports. As soon as possible following a major disaster, the OEP Regional Director or the Federal Coordinating Officer will arrange for estimates of damage which is eligible for Federal assistance, to be made by teams consisting of Federal, State and local personnel. These estimates will be made in accordance with the criteria outlined in Section V and will become the basis for OEP approval of the project application submitted by the applicant. Damage survey reports (OEP Form 164) will be completed by the Federal agency inspector on the basis of damage pointed out by representatives of the applicant. Separate reports will be completed for emergency work and permanent work to be accomplished at the same location. Upon completion of the damage survey report, State and local representatives must sign the report to indicate their concurrence or non-concurrence with the findings of the Federal agency inspector. The damage survey report will be attached to and become a part of the approved project application. The applicable damage survey reports need not be attached to the project application when it is initially submitted by the applicant; however, Federal, State and local officials concerned must expedite completion of damage survey reports which must be available to the Regional Director prior to the approval of the project application involved. 47 OEP CIRCULAR 4000.50 February 1971 SAMPLE REQUEST FOR ADVANCE OF FUNDS TO: State Coordinating Officer FROM: Applicant Project Application No. SUBJECT: Request for advance of funds under PL 91-606 It is requested that an advance of funds in the amount of approved in accordance with the Schedule of Expenditures shownhownbelow_ be • The agrees the o1. That funds will be credited to a separatetaccountollowing conditions: 2. That the funds will be used solely for the work approved in the project application. 3. That any funds advanced, which are in excess of the approved expenditures as accepted by final audit by the Federal Government, will be promptly refunded to the State. 4. In the event the amount of the project application is reduced, the funds applicable to the amount of the reduction will be refunded promptly to the State. SCHEDULE OF EXPENDITURES FOR WHICH AN.ADVANCE OF FUNDS IS RE UESTED Total Amount .approved in Project Application: Date of Request for Advance Amount Expended to date on eligible work Estimated expenditure for next 60 days TOTAL REQUIREMENTS Prior Advances Requested Advance TOTAL ADVANCE Percent of Approved Project Application I e onlydexpenditures and atoedate plus those estimated for the at if this rrdnextw60l ayver that any further progress payments will require another requestdas; and Date Applicant's Authorized Representative SAMPLE 48 OEP CIRCULAR 4000.5C February 1971 SAMPLE TO: Regional Director, Office of Emergency Preparedness Recommend approval. Amount: $ Not recommended for approval. Comments: Date State Coordinating Officer TO: Approved. Amount: $ Not Approved Comments: Date Regional Director or Authorized Representative SAMPLE 49 OEP CIRCULAR 4000.5C February 1971 2. Interim Inspections. The OEP or appropriate Federal agencies may make interim inspections of selected projects to assure that work is progressing on a timely basis and in accordance with OEP approval. 3. Inspection of Completed Work. At the time the Regional Director requests Federal agencies to make damage estimates, he will also make arrangements with the State Coordinating Officer and appropriate Federal agencies to insure that final inspections are made and reported as soon as possible after work has been completed. The following actions are to be taken upon completion of work approved under each project application: a. The applicant will advise the State Coordinating Officer of completion of work. b. The State Coordinating Officer will notify the State and Federal agencies which made the initial damage surveys. A copy of the notification to Federal agencies will be furnished to the OEP Regional Director. c. The appropriate State and Federal agencies will then make arrangements for a final engineering inspection. d. After the final inspection has been made, the State agency will complete a Report of Final Completed Work Inspection (Form OEP 165) and after review and approval by the Federal agency one signed copy of the report will be sent to the State and the original and one signed copy to the OEP Regional Director. F. Time Limitation (Refer to Section 1710.32, 32 CFR at Appendix C) . 1. Federal assistance provided under the Act shall terminate upon notice by the Director to the Governor of the State or upon the expiration of the time periods specified below from the date of the President's declarations of a major disaster, whichever is first, except that under a. and b. below the Regional Director may extend the time, a maximum of three months. Upon a showing of unusual requirements, the Director may ex anti these periods. Start Complete a. Emergency Debris Clearance --- 3 months b. Other Emergency Measures 3 months 6 months 50 OEP CIRCULAR 4000.5C February 1971 Start Complete c. Relief and Rehabilitation 6 months 1 year d. Long Term Permanent Projects 6 months 18 months (maximum as determined by the Regional Director on basis of approv- ed construction schedule) Failure to start a project within the specified time limits may result in cancellation of the project unless the late start is approved by the Regional Director. The Regional Director may set lesser time limits under a. , b. , and c. , if considered appropriate. 2. "Unusual requirements," as used above, are considered to be unavoidable delays which result from recurrence of a disaster, pro- ..-. longed severe weather within the time period, or other conditions beyond the control of the applicant. Delays resulting from administrative procedures are not normally considered to be unusual requirements which would warrant extensions of time. 3. Requests for Extension of Time Limitations. a. Where unusual requirements justify a request for extension of the time limitation for Federal assistance, the request should be submitted as soon as a requirement is known but not later than three weeks prior to the existing termination date. b. Requests for extension of the time limitation for Federal assistance shall be submitted through the State to the OEP Regional Director. The request should include the following information: (1) The specific location or locations where work authorized in approved project applications cannot be completed within existing time limits. (2) Explanation of the unusual circumstances which precluded completion of authorized work. (3) The amount of time necessary for completion of such work. 51 OEP CIRCULAR 4000.5C February 1971 c. The Regional Director will notify the State of action taken on the request. G. Claims for Financial Assistance. 1. General. a. In order that reimbursement may be made by OEP for funds expended, the applicant must submit to the State such claims or accountings through use of Summary of Documentation (Form OEP 74) within 60 days of completion of all work approved by OEP in the project application. b. The amount claimed on the Summary of Documentation must be based. on actual eligible expenditures made by an applicant in accordance with its approved project application. Supporting documentation in the applicant's file must be identified with the related line item of the project application. c. The applicant must maintain adequate disbursement and accounting records so that he can make available to State and Federal auditors the documentation required by these instructions. d. If work authorized by a line item in the approved project application is not completed and the essential service is not resumed OEP will not reimburse the applicant for any costs incurred on this line item. (See Blanket Certificate, Appendix E. ) e. Any documentation not paid by the applicant will be disallowed. This includes costs incurred by other public entities whose claim is included with the applicants. (See Blanket Certificate, Appendix E. ) f. Costs claimed in excess of the line item amount may be reimbursed, provided work or material was not in excess of that author- ized. Costs which exceed line items must be offset by underruns on other line items. In any event, the total of the approved project application is the maximum amount which OEP will reimburse. 2. Preparation of Claims for Financial Assistance. a. The applicant should prepare the Summary of Documen- tation (Form OEP 74) as soon as possible after all work is completed and all payments have been made. A sample of the Summary is in Appendix E. The following instructions cover the preparation of this form. (1) The applicant's number, and page number should bein name, �s OEP aces State top of the form. P provided at the 52 OEP CIRCULAR 4000.5C February 1971 (2) The applicant must show in the first column the reference number by which he files his documents so that he can readily find them in his files at the time State or Federal auditors audit the documents supporting his claim. This will usually be the number of the claim or voucher to which invoices and statements or other source documentation is attached. Warrant or check numbers alone are not normally appropriate. Where payments from more than one fund are made the specific fund should be identified. (3) The second column heading is self-explanatory, but it is emphasized that the date required is not the date of the invoice but the delivery (actual use) date of articles (material and supplies) or the performance of services (payroll periods, equipment rental dates, etc.) (4) The third column heading is self-explanatory, but it is emphasized that amounts claimed in the last column on the right will not be reimbursed unless they are identified with the related line item in the approved project application. (5) If an invoice covers more than one line item in an approved project application it will be necessary to show the cost applicable to each line item separately on the invoice. This will require listing the same invoice two or more times on the Summary of Documentation. (6) The line item amount in the approved pro- ject application must be entered (dollars only) in the fourth column opposite the total amount claimed in the last column for each line item. (7) The line item amount, covering work not completed, must be omitted from the "Line Item" column on the Summary. The total of this column will then be the maximum which OEP will reimburse. (8) The applicant should list on the Summary, by category and line item, all documents covering eligible cost of work authorized in the approved project application and enter the amount of each document in the last column. (9) The amount approved in the line item of the project application for a grant-in-lieu is the maximum that may be claimed and listed in the "Amount" column on the Summary. 53 OEP CIRCULAR 4000.5C �. February 1971 b. Distribution. (1) The Summary of Documentation is made up in sets of an original and four precarboned copies. Distribution is indicated in the lower right corner of each copy. (2) The applicant should retain the fourth copy and send the original and the other three copies to the State Co- ordinating Officer as soon as possible, but not to exceed 60 days after completion of all approved work. (3) The State Coordinating Officer will retain the third copy and send the original and the other two copies, along with the related original and copies of the voucher and other required docu- ments, to the OEP Regional Office. c. Supporting Documentation. (1) Applicant' Employees, Equipment and Material. Schedules or work papers will be prepared to document the amounts claimed. These schedules will identify the source documents from which the infor- mation is taken and will include the information discussed in this section. (a) Applicant' s Employees. 1. Claims for time of eligible employees must be supported by payrolls which give the payroll period (for example, January 1-15, 1971) and the following information for each employee: a. Name b. Job classification -- laborer, driver, etc. c. Number of hours worked each day (show dates) d. Total hours worked e. Rate of pay f. Total earned g. Paycheck number 54 OEP CIRCULAR 4000.5C February 1971 2. The total claimed must be broken down to show the categories of work (debris clearance, street repair, etc. ) and the location (s) where it was performed, identified with the project application line item. 3. If time and one-half or double time is paid to regular hourly employees for overtime or holiday work, or if any overtime is paid to supervisory monthly employees, these payments must be in accordance with policy established prior to the disaster. 4. The applicant must clearly indicate on payrolls the eligible wages covering work authorized in the approved project application, identified with the related line item. Only these wages may be claimed on the Summary. (b) Applicant-owned Equipment. 1. Claims for the use of applicant- owned equipment on eligible disaster work must be supported by a schedule, similar to a payroll, described in a. 1., above. The schedule must contain the following information for each piece of equipment: a. Type and description of equipment. b. Number of hours used each day (show dates) . c. Total hours used. d. Rate approved by OEP (see Section V.G 3 above). e. Total claim. 2. The total claimed must be broken down to show the categories of work and the location (s) where it was used, identified with the related line item in the approved project application. (c) Material and Supplies out of Applicant's Stock. 1. Claims for material issued from applicant's stock must be supported by a schedule giving the following information: (If stock issue slips are used, they should be listed on 55 OEP CIRCULAR 4000.5C February 1971 the schedule and not on the Summary of Documentation. ) a. Quantity. b. Description of item. c. Unit cost (see (1) . (c) . 3. below.) d. Total cost of each item. e. Total cost of all items. 2. The total claimed must be broken down to show the category of work and the location (s) where the material and supplies were used, identified with the related line item in the approved project application. 3. The unit cost used must be supported by one of the following, which will be made available to the State and Federal auditors at the time of their site audits: a. The invoice covering the original purchase of the item. b. The invoice covering the replacement of the item. c. The applicant' s stock card showing how the average price used was calculated. 4. Regardless of the supporting document, only the actual unit cost paid to the supplier, with nothing added for handling and overhead will be reimbursed. (2) invoices for Material, Equipment Rental, and Services. (a) Invoices must describe the material furnished, must state the date furnished, and must include the following information: 1. Quantity. 2. Description. 56 OEP CIRCULAR 4000.5C February 1971 3. Unit Cost. 4. Total cost of each item. 5. Total amount of invoice. 6. The applicant must indicate on the invoice, where the material was used and the amount applicable to the related category (s) and line item (s) in the approved project application. • (b) Invoices covering equipment rental must include the following information: 1. Type and description of equipment. 2. Rate per hour (indicate with or without operator) . 3. Dates used. 4. Hours used each day. 5. Total rental for each piece of equipment. 6. Total amount of invoice. 7. The applicant must indicate on the invoice, where the equipment was used and the amount applicable to the related category (s) and line item (s) in the approved project application. (c) Invoices covering major repairs to applicant-owned equipment must give the details of labor and material used, with a full justification of the claim, identified with piece of equipment and the related category (s) and line item (s) in the approved project application. If the equipment is rented from a private owner, any repairs made by the applicant must be required by the rental agree- ment, which will be made available to the State and Federal auditors at the time of their site audits. (d) Snvoices from Other Political Subdivisions. 1. Invoices covering material must give the same details as required for regular vendors. The unit costs 57 OEP CIRCULAR 4000.5C ^+ February 1971 used to compute the amount claimed must be the actual unit cost paid to the supplier, with nothing added for handling, overhead, etc., the same as for applicant's material. 2. Invoices covering equipment rental must give the same details as required for applicant-owned equipment. The rates used to compute the amount claimed must be OEP approved or the same as for applicant-owned equipment. 3. Invoices covering labor must give the same details as required for applicant's employees. 4. The applicant should indicate on an invoice covered by a contract whether it is a lump sum or cost type contract. Unless it is a verbal contract, a copy of the contract should be attached to the invoice. The contractor must furnish details of cost, if it is a cost type contract. 5. The applicant must show on each invoice the date and amount paid, check, or warrant number or evidence of cash payment. State and Federal auditors will verify payments. Any invoices not paid will be disallowed. (See Blanket Certificate, Appendix E.) 6. Earned cash discount (payment made within discount date indicated on invoice) must be deducted from the total of the invoice, as only the net amount due may be claimed. d. Blanket Certificate. (1) Upon completion of eligible work under the project, the applicant's authorized representative must sign and submit, with his Summary of Documentation, a Blanket Certificate, per sample in Appendix E or OEP will make no reimbursement. (2) This form is made up in sets of an original and four precarboned copies. Distribution is indicated in the lower right corner of each copy. (3) The applicant will retain the fourth copy and send the original and the other three copies to the State with the related original and three copies of the Summary. 58 OEP CIRCULAR 4000.5C February 1971 (4) The State Coordinating Officer will retain the third copy and send the original and the other two copies, along with the related original and copies of other required documents, to the OEP Regional Office. 3. Review and Approval of Claims for Financial Assistance. a. General. Federal approval of claims for financial assistance is given by the OEP Regional Director or his authorized representative. Such approval is based on the approved project application and the results of State and Federal audits of the claim. b. Audits. (1) The Federal-State Disaster Assistance Agreement provides in Exhibit A that the State shall perform such site audits and other reviews as are necessary to a certification by the State of each claim arising from an approved project under the Agreement. (2) OEP auditors will make such audits as they consider necessary. c. Payment of Claims. Upon completion of its audit, the State prepares a voucher, which is submitted to the OEP Regional Director, requesting payment on behalf of- the applicant. Following approval by the OEP Regional Director, payment is made by OEP National Office to the State, who then makes payment to the applicant. OEP does not reimburse applicants direct. d. Appeals. The appeal procedures outlined for project applications in paragraph VI, A, 3 above also apply to claims for financial assistance. 59 OEP CIRCULAR 4000.5C February 1971 VII. NONDISCRIMINATION IN THE FEDERAL DISASTER ASSISTANCE PROGRAM A. General, 1. Title VI of the Civil Rights Act of 1964 deals with nondiscrimination in Federally assisted programs. It provides that no • person in the United States shall be discriminated against because of race, color, or national origin in any program or activity receiving Federal financial assistance. Also, Section 209 of PL 91-606 stipulates • that disaster assistance "shall be accomplished in an equitable and im- partial manner, without discrimination on the grounds of race, color, religion, nationality, sex, age, or economic status prior to a major disaster." 2. Specific discriminatory practices prohibited include: a. Any difference in quality, quantity, or the manner in which the benefit is provided; b. Segregation or separate treatment in any part of the program; c. Restriction in the employment of any advantages, privileges or other benefits provided to others; d. Different standards or requirements for participation; e. Methods of administration which would defeat or substantially impair the accomplishment of the program objectives; and f. Discrimination in any activity conducted in a facility built in whole or part with Federal funds. 3. OEP Regulation 5, which became effective on February 8, 1965, was issued by the Office of Emergency Preparedness to effectuate Title VI, and covers assistance furnished under the Federal disaster relief program. A copy of Regulation 5 is included in Appendix D to this manual. B. Implementation of OEP Regulation 5. 1. The OEP Regulation requires assurances of compliance from recipients and provides for compliance reports and reviews. In addition, the Regulation provides for investigation of noncompliance. Enforcement responsibility is vested in the Office of Emergency Preparedness. 61 �- OEP CIRCULAR 4000. .. February 1971 2. The Federal Disaster Assistance Regulations state in Part 1710.22(a) that Federal financial assistance to the States or their political subdivisions is conditioned on full compliance with OEP Regu- lation 5. The disaster regulations are attached to and made a part of the Federal-State Disaster Assistance Agreement. 3. The Federal-State Disaster Assistance Agreement requires the Governor to name an official who will be responsible for Title VI matters on behalf of the State. He is the individual who would make compliance reports or distribute Title VI informational materials to the direct recipients of Federal disaster assistance. 4. Every applicant for Federal disaster assistance must file an assurance of nondiscrimination as a part of his application. The assurance of compliance is included as an exhibit to the project application or is attached to a resolution requesting. direct Federal assistance. 5. Recipients of Federal disaster assistance must be pre- pared to demonstrate compliance by keeping necessary records and sub- mitting such reports as OEP or its designee may require. 6. The OEP at its discretion will make periodic compliance reviews. The Agency will investigate complaints of discrimination in furnishing disaster assistance. In the case of a violation of Regulation 5, the OEP may suspend, terminate, or refuse to grant or continue financial assistance, or take some other enforcement action such as referring the matter to the Department of Justice for appropriate action. 62 OEP CIRCULAR 4000.5C February 1971 VIII. DUPLICATION OF BENEFITS A. No person, business or political entity is entitled to aid from more than one source for the same disaster damage. Thus, no such person, business or political entity may receive assistance under PL 91-606 with respect to any part of a loss for which he: 1. Has or will receive financial assistance under other Federal programs. 2. Has or will receive compensation from insurance or any other source. 3. Was eligible for assistance under the Federal Flood Insurance Program, provided such program had been in effect for a period of one year prior to the date the loss was incurred. See Part 1710.21, 32 CFR at Appendix C. 63 r OEP CIRCULAR 4000.5C February 1971 IX. TERMINATION OF FEDERAL ASSISTANCE Official termination of Federal assistance under Public Law 91-606 will be in accordance with the Federal-State Disaster Assistance Agreement, and the time limitations for completion of authorized disaster work, how- ever, certain types of assistance will be withdrawn as determined ap- propriate by the Federal Coordinating Officer. For example: A. Disaster Assistance Centers will be closed as soon as the immediate emergency phase is over and persons in the disaster area no longer have a need for such services to be provided in one location. This does not preclude provision of emergency services but merely eliminates the single location at which such services are provided. B. OEP Field Offices provide a focal point for the Federal Coordinating Officers within the major disaster area for coordination of Federal disaster assistance. These Field Offices will remain open during the emergency period following a major disaster. In many cases they can be useful during the initial steps taken by local and State governments in the recovery from the major disaster in the stricken areas. Staffing of OEP Field Offices will be arranged by the Federal Coordinating Officer (FCO) consistent with his determination of requirements for Federal personnel and services. Such staffing shall be held to a minimum, and may consist of maintaining a mailing address, or telephone number, within the major disaster area at which the Federal Coordinating Officer (FCO) may transact business and schedule appointments. Prior to closing any Field Office, the Federal Coordinating Officer (FCO) will coordinate the arrangements with the State Coordinating Officer (SCO) and give appropriate advance public notice of the closing of the Field Office and of means for instructing persons to contact the Federal Co- ordinating Officer (FCO) after the Field Office is closed. 65 FEDERAL DISASTER ASSISTANCE PROGRAM MANUAL FOR APPLICANTS OEP Circular 4000. 5C APPENDIX r February 1971 'r' ** OFFICE OF ** EMERGENCY PREPAREDNESS EXECUTIVE OFFICE OF THE PRESIDENT APPENDIX A j r �- Public Law 91-606 "'* ( 91st Congress, S. 3619 December 31, 1970 2tn act To revise and expand Federal programs for relief from the effects of major disasters, and for other purposes. Be it enacted by the Senate and Howse of Representatives of the (-cited.Staten of America in (.'ongresx assembled, That this Act may Disaster Relief be cited as the"Disaster Relief Act of 1970". Act of 1970 TITLE.I-FINDINGS AND DECLARATIONS;DEFINITIONS FINDINGS AND DECLARATIONS SEC. 101. (a) 'rhe Congress hereby finds and declares that— (1) because loss of life, human suffering, loss of income, and property loss and damage result from major disasters such as hurricanes, tornadoes, storms, floods, high waterst wind-driven ea STAT. 1744 waters,tidal waves,earthquakes,droughts,fires,and other catas- e4 STAT. 1745 trophes; and (2) because such disasters disrupt the normal functioning of government and the community, and adversely affect individ- ual persons and families with great severity; special measures,designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency welfare services,and the reconstruction and rehabilitation of devastated areas, �. are necessary. (b) It is the intent of the Congress,by this Act,to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by— (1) revising and broadening the scope of existing major dis- aster relief programs; (2) encouraging the development of comprehensive disaster relief plans,programs, and organizations by the States; and (3) achieving greater coordination and responsiveness of Fed- eral major disaster relief programs. DEFINITIONS SEc. 102. As used in this Act— (1) "major disaster" means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, drought,fire,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 avail- . able resources of States, local governments, and relief organiza- tions in alleviating the damage loss,hardship,or suffering caused thereby,and with respect to which the Governor of any State in which such catastrophe occurs or threatens to occur certifies the need for Federal disaster assistance under this Act and gives assurance of the expenditure of a reasonable amount of the funds of such State,its local governments,or other agencies for alleviat- ing the damage, loss, hardship or suffering resulting from such catastrophe; (2) "United States" means the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa,and the Trust Territory of the Pacific Islands; A-1 Pub. Law 91-606 - 2 - cember 31, 1970 84 STAT. 1746 (3) "State" means any State of the United States,the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa,or the Trust Territory of the Pacific Islands; (4) "Governor"means the chief executive of any State; (5) "local government" means ally county, city, village, town, district, or other political subdivision of any State,and includes ally rural community or unincorporated town or village for which an application for assistance is made by a State or political sub- division thereof; (6) "Federal agency" means any department, independent establishment, Government corporation, or other agency of the executive branch of the Federal Government,except the American National Red Cross; and (7) "Director" means the Director of the Office of Emergency Preparedness. TITLE II-THE ADMINISTRATION OF DISASTER • ASSISTANCE FEDERAL COORDINATING OFFICER Appointment. SEC. 201. (a) Immediately upon his designation of a major disaster area, the President shall appoint a Federal coordinating officer to operate under the Office of Emergency Preparedness in such area. Duties. (b) In order to effectuate the purposes of tins Act,the coordinating • officer, within the designated 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 authorized by the Director; (3) coordinate the administration of relief,including activities of the American National Red Cross, the Salvation Army, the Mennonite Disaster Service,and other relief or disaster assistance organizations winch agree to operate under his advice or direction, except that nothing contained in this Act shall limit or in any way affect the responsibilities of the American National Red Cross 61 Stat. 80. under the Act of January 5,1905,as amended (33 Stat.599) ; and 36 use 1. (4) take such other action,consistent with authority delegated to him by the Director, and consistent with the provisions of this Act, as he may deem necessary to assist local citizens and public officials in promptly obtaining assistance to which they are entitled. EMERGENCY SUPPORT TEAMS SEC. 202. The Director is authorized to form emergency support teams of Federal personnel to be deployed in a major disaster area. Such emergency support teams shall assist the Federal coordinating officer in carrying out his responsibilities pursuant to section 201(b) of this Act. Upon request of the Director, the head of any Federal department or agency is authorized to detail to temporary duty with the emergency support teams on either a reimbursable or nonreim- bursable basis, as is determined necessary by the discretion of the Director,such personnel within the administrative jurisdiction of the head of the Federal department or agency as the Director may need or believe to be useful for carrying out the functions of the emergency support teams, each such detail to be without loss of seniority, pay, or other employee status. A-2 December 31, 1970 - 3 - Pub. Law 91-606 A4 SPAT 1747 COOPERATION OF FEDERAL AGENCIES IN RENDERING EMERGENCY ASSISTANCE SEC. 208. (a) In any major disaster, Federal agencies are hereby authorized, on direction of the President, to provide assistance by— (1) utilizing or lending, with or without compensation there- for, to States and local governments, their equipment, supplies, facilities,personnel,and other resources,other than the extension of credit under the authority of any Act; (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.other- wise,medicine,food,and other consumable supplies,or emergency assistance; (3) donating or lending equipment and supplies determined in accordance with applicable laws to be surplus to the needs and responsibilities of the Federal Government to State and local governments for use or distribution by them for the purposes of this Act; and (4) performing on public or private lands or waters any emergency work essential for the protection and preservation of life and property,including— (A) clearing and removing debris and wreckage in accord- ance with section 224; (B) making repairs to, restoring to service, or replacing public facilities (including street, road, and highway facil- ities) of State and local governments damaged or destroyed by a major disaster, except that the Federal contributions therefor shall not exceed the net cost of restoring each such facility on the basis of the design of such facility as it existed immediately prior to the disaster in conformity with current codes,specifications,and standards; (C) providing emergency shelter for individuals and families who, as a result oi a major disaster, require such assistance; and (D) making contributions to State or local governments for the purpose of carrying out the provisions of para- graph (4). (b) Emergency work performed under subsection (a)(4) of this section shall not preclude Federal assistance under any other section of this Act. (c) Federal agencies may be reimbursed for expenditures under Reimbursement. this Act from funds appropriated for the purposes of this Act. Any funds received by Federal agencies as reimbursement for services or supplies furnished under the authority of this section shall be deposited to the credit of the appropriation or appropriations currently avail- able for such services or supplies. (d) The Federal Government shall not be liable for any claim Liability. based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Federal Government in carrying out the provisions of this section. (e) In carrying out the purposes of this Act,any Federal,agency is use of state authorized to accept and utilize the services or facilities of any State faoilities and or local government,or of any agency,office,or employee thereof,with persormel. the consent of such government. Any Federal agency, in performing any activities under this section, is authorized to appoint and fix the compensation of such temporary personnel as may be necessary,with- A-3 Pub. Law 91-606 - 4 - December 31, 1970 84 STAT. 1748 out regard to the provisions of title 5,United States Code,governing appointments in the competitive service, and without regard to the 80 Stat. 443, provisions of chapter 51 and subchapter III of such title relating to 5 USC 5101. classification and General Schedule pay rates,to employ experts and Ante, R. 198-1. consultants in accordance with the provisions of section 3109 of such 5 USC 3109, title, and to incur obligations on behalf of the United States by con- tract or otherwise for the acquisition,rental,or hire of equipment,serv- ices, materials, and supplies for shipping, drayage, travel, and com- munication, and for the supervision and administration of such activities. Such obligations, including obligations arising out of the temporary employment of additional personnel,may be incurred by an agency in such amount as may be made available to it by the President. Presidential (f) In the interest of providing maximum mobilization of Federal powers. assistance under this Act, the President is authorized to coordinate in such manner as he may determine the activities of Federal agencies in providing disaster assistance. The President may direct any Federal agency, with or without reimbursement, to utilize its available per- sonnel, equipment, supplies, facilities, and other resources in accord- Regulatione. ance with the authority,herein contained.The President may prescribe such rules and regulations as may be necessary and proper to carry out any of the provisions of this Act, and he may exercise any power or authority conferred on him by any section of this Act either directly or through such Federal agency as he may designate. Program (g) The President, acting through the Office of Emergency Pre- review. paredness, shall conduct periodic reviews (at least annually) of the activities of Federal and State departments or agencies providing disaster assistance, in order to assure maximum coordination of such programs,and to evaluate progress being made in the development of Federal, State, and local preparedness to cope with major disasters. Study. (h) The'Director of the Office of Emergency Preparedness is author- ized and directed to make in cooperation with the heads of other affected Federal and State agencies, a full and complete investiga- tion and study for the purpose of determining what additional or improved plans, procedures, and facilities are necessary to provide immediate effective action to prevent or minimize losses of publicly or privately owned property and personal injuries or deaths which could result from fires (forest and grass), earthquakes, tornadoes, freezes and frosts, tsunami,storm surges and tides, and Hoods, which Report to are or threaten to become major disasters.Not later than one year after congress. the date of enactment of this subsection, and from time to time, the Director of the Office of Emergency Preparedness shall report to Con- gress the findings of this study and investigation together with his recommendations with respect thereto. USE OF LOCAL FIRMS AND INDIVIDUALS SEC. 204. 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 with private organizations, firms, or individuals, preference shall be given, to the extent feasible and practicable,to those organizations,firms,and indi- viduals who reside or do business primarily in the disaster area. FEDERAL GRANT-IN-AID PROGRAMS Waiver. SEC. 205. Any Federal agency charged wth the administration of a Federal grant-in-aid program is authorized, if so requested by the applicant State or local authorities,to modify or waive,for the dura- A-4 December 31, 1970 - 5 - Pub, Law 91-606 84 STAT. 1749 Lion of a major disaster proclamation,such administrative procedural 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 disaster. STATE DISASTER PLANS Sec. 206. (a) The President is authorized to provide assistance to the States in developing comprehensive plans and practicable pro- grams for preparation against major disasters, and for relief and assistance for individuals,businesses,and local governments following such disasters. Such plans should include long-range recovery and reconstruction assistance plans for seriously damaged or destroyed public and private fatalities. • (b) The President is authorized to make grants of not more than Grants for $250,000 to any State, upon application therefor, for not to exceed development. 50 per centum of the cost of developing such plans and programs. (c) Any State desiring assistance under this section shall designate State agency, or create an agency which is specially qualified to plan and administer designation. such a disaster relief program,and shall,through such agency,submit a State plan to the President,which shall— (1) set forth a comprehensive and detailed State program for preparation against,and relief following,a major disaster,includ- ing provisions for emergency and long-term assistance to individ- uals,businesses,and local governments;and (2) include provision for the appointment of a State coordinat- state 000rdina- ing officer to act in cooperation with the Federal coordinating ting officer. officer appointed under section 201 of this Act. (d) Front time to time the Director shall make a report to the Report to President, for submission to the Congress, containing his recommen- President; dations for programs for the Federal role in the implementation and submission to funding of comprehensive disaster relief plans, and such other rec- Congress. ommendations relating to the Federal role in disaster relief activities as he deems warranted. (e) The President is authorized to make grants not to exceed 50 Grants for per centum of the cost of improving, maintaining, and updating maintenanoe. State disaster assistance plans,except that no such grant shall exceed $25,000 per annum to any State. USE AND COORDINATION OF RELIEF ORGANIZATIONS SEC. 207. (a) In providing relief and assistance following a major disaster, the Director 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, sup- plies, or other items, and in the restoration, rehabilitation, or recon- struction of community services and essential facilities whenever the Director finds that such utilization is necessary. (b) The Director is authorized to enter into agreements with the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief 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. Any such agreement shall include provisions conditioning use of the facilities of the Office of Emergency Preparedness and the A-5 '1 Pub. Law 91-606 - 6 - December 31, 1970 84 STAT. 1750 services of the coordinating officer upon compliance with regulations promulgated by the Director under sections 208 and 209 of this Act, and such other regulations as the Director may require. DUPLICATION OF BENEFITS SEC. 208. (a) The Director, in consultation with the head of each Federal agency administering any program providing financial assist- ance to persons, business concerns,or other entities suffering losses as the result of a major disaster,shall assure that no such person, busi- ness concern, or other entity will receive such assistance with respect to any part of such loss as to which he has received financial assistance under any other program. (b) The Director shall assure that no person, business concern, or other entity receives any Federal assistance for ally part of a loss suffered as the result of a major disaster if such person, concern, or entity received compensation from insurance or ally 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) Whenever the Director determines (1) that a person, business concern, or other entity has received assistance under this Act 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, business concern, or other entity to pay to the Treasury an amount, not to exceed the amount of Federal assist- ance received,sufficient to reimburse the Federal Government for that part of the assistance which he deems excessive. NONDISCRIMINATION IN DISASTER ASSISTANCE Regulations. SEC. 209. (a) The Director shall issue, and may alter and amend, such regulations as may be necessary for the guidance of personnel carrying out emergency relief functions at the site of a major disaster. Such regulations shall include provisions for insuring that the distri- bution of supplies,the processing of applications,and other relief and assistance activities shall be accomplished in an equitable and impartial manner,without discrimination on the grounds of race,color,religion, nationality, sex, age, or economic status prior to a major disaster. (b) As a condition of participation in the distribution of assistance or supplies under section 207, relief organizations shall be required to comply with regulations relating to nondiscrimination promulgated by the Director, and such other regulations applicable to activities within a major disaster area as he deems necessary for the effective coordination of relief efforts. DISASTER WARNINGS SEC. 210. The President is authorized to utilize or to make avail- able to Federal, State, and local agencies the facilities of the civil defense communications system established and maintained pursuant to section 201(c) of the Federal Civil Defense Act of 1950,as amended 64 Stat. 1248. (50 U.S.C.app.2281(c)),for the purpose of providing needed warn- ing to governmental authorities and the civilian population in areas endangered by imminent major disasters. A-6 December 31, 1970 - 7 _ Pub. Law 91.606 PREDISASTER ASSISTANCE 84 STAT. 1751 SEc. 221. If the President determines that a major disaster is immi- nent,lie is authorized to use Federal departments,agencies,and instru- mentalities,and all other resources of the Federal Government to avert or lessen the effects of such disaster before its actual occurrence. EMERGENCY COMMUNICATIONS SEC. 222. The Director is authorized during, or in anticipation of, an emergency to establish temporary communications in any major • disaster area in order to carry out the functions of Iris office, and to make such communications available to State and local government officials and other persons as he deems appropriate. • EMERGENCY PUBLIC TRANSPORTATION SEC. 223. The Director is authorized to provide temporary public transportation service to meet emergency needs in a major disaster area. Such service will 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 com- munity to resume its normal pattern of life as soon as possible. DEBRIS REMOVAL SEC. 224. (a.) The President,whenever he determines it to be in the public interest,is authorized— (1) through the use of Federal departments, agencies, and instrumentalities, tb clear debris and wreckage resulting from a major disaster from publicly and privately owned lands and waters. (2) to make grants to any State or local government for the Grants. purpose of removing debris or wreckage resulting from a major disaster from publicly or privately owned lands and waters. (b) No authority under this section shall be exercised unless the 1ndeamity affected State or local government shall first arrange an unconditional provision. authorization for removal of such debris or wreckage from public and private property, and, in the case of removal of debris or wreckage from private property,shall first agree to indemnify the Federal Gov- ernment against any claim arising from such removal. FIRE SUPPRESSION GRANTS SEC. 225. The President is authorized to provide assistance,includ- ing grants,to any State for the suppression of any fire on publicly or privately owned forest or grassland which threatens such destruction as would constitute a major disaster. TEMPORARY HOUSING ASSISTANCE SEC. 226. (a) The Director is authorized to provide temporary housing or other emergency shelter, including, but not limited to, mobile homes or other readily fabricated dwellings for those who,as a result of such major disaster, require temporary housing or other emergency shelter, except that for the first twelve months of occu- pancy no rentals shall be established for any such accommodations, thereafter rentals shall be established, based upon fair market value A-7 84 STAT. 1752 Pub. Law 91-606 - 8 - December 31, 1970 of the accommodations being furnished,adjusted to take into consider- ation the financial ability of the occupant.Notwithstanding any other provision of law, any such emergency housing acquired by purchase may be sold directly to individuals and families who are occupants thereof at prices that are fair and equitable. Any mobile home or readily fabricated dwelling shall be placed on a site complete with utilities provided by State or local government, or by the owner or occupant of the site who was displaced by the major disaster, without charge to the United States. However,the Director may elect to pro- vide other more economical and accessible sites at Federal expense when he determines such action to be in the public interest. Temporary (b) The President is authorized to provide assistance on a tem- mortgage porary basis in the form of mortgage or rental payments to or on or rent behalf of individuals and families who, as a result of financial hard- payments. ship caused by a major disaster, have received written notice of dis- possession 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 the disaster.Such assistance shall be provided for a period of not to exceed one year or for the duration of Reemployment the period of financial hardship,whichever is the lesser.The President assistance. is authorized for the purposes of this subsection and in furtherance of the purposes of section 240 of this Act,to provide reemployment assist- ance services under other laws to individuals who are unemployed as a result of a major disaster. SMALL BUSINESS DISASTER LOANS SEC. 231. In the administration of the disaster loan program under section 7(b) (1), (2),and (4) of the Small Business Act,as amended 72 Stat. 389. (15 U.S.C. 636(b)), in the case of property loss or damage or injury 78 Stat. 7. resulting from a major disaster as determined by the President or a disaster as determined by the Administrator, the Small Business Administration— (1) to the extent such loss or damage or injury is not compen- sated for by insurance or otherwise, (A) shall, on that part of any loan in excess of$500,cancel the principal of the loan,except that the total amount so canceled shall not exceed $2,500, except that this clause (A) shall apply only to loans made to cover losses and damage and injury resulting from major disasters as determined by the President, and (B) may defer interest pay- ments or principal payments, or both, in whole or in part, on any loan made under this section during the first three years of the term of the loan except that any such deferred payments shall bear interest at the rate determined under section 234 of this Act. (2) to the extent such injury, loss, or damage is not compen- sated for by insurance or otherwise, may grant any loan for repair, rehabilitation, or replacement of property damaged, or destroyed,without regard to whether the required financial assist- ance is otherwise available from private sources. (3) may,in the case of the total destruction or substantial prop- erty damage of a home or business concern refinance any mort- gage or other liens outstanding against the destroyed or damaged property if such property is to be repaired, rehabilitated, or replaced, except that the amount refinanced shall not exceed the amount of the physical loss sustained.Any such refinancing shall be subject to the provisions of clauses (1) and (2) of this section. A-8 December 31, 1970 - 9 - Pub. Law 91-606 64 STAT. 1753 FARMERS HOME ADMINISTRATION EMERGENCY LOANS SEC. 232. In the administration of the emergency loan program ander subtitle C of the Consolidated Farmers Home Administration Act of 1961,as amended (7 U.S.C. 1961-1967),and the rural housing 75 stat. 311. loan program under section 502 of title V of the Housing Act of 1949, as amended (42 U.S.C. 1472),in the case of loss or damage,resulting 63 stet. 432; from a major disaster as determined by the President, or a natural 79 stat. 497. disaster as determined by the Secretary of Agriculture— (1) to the extent such loss or damage is not compensated for by insurance or otherwise, (A) shall, on that part of any loan in excess of $500, cancel the principal of the loan, except that the total amount so canceled shall not exceed $2,500,except that this clause (A) shall apply only to loans made to cover losses and • damage resulting from major disasters as determined by the Pres- ident, and (B) may defer interest payments or principal pay- ments,or both,in whole or in part, on any loan made under this section during the first three years of the term of the loan, except that any such deferred payments shall bear interest at the rate determined under section 234 of this Act. (2) to the extent such injury, loss, or damage is not compen- sated for by insurance or otherwise, may grant any loan for repair, rehabilitation, or replacement of property damaged or destroyed,without regard to whether the required financial assist- ance is otherwise available from private sources. (3) may,in the case of the total destruction or substantial prop- Limitation. erty damage of homes or farm service buildings and related struc- tures and equipment, refinance any mortgage or other liens outstanding against the destroyed or damaged property if such property is to be repaired rehabilitated,or replaced, except that the amount refinanced shall not exceed the amount of the physical loss sustained. Any such refinancing shall be subject to the provi- sions of clauses (1) and (2) of this section. LOANS HELD BY THE VETERANS'ADMINISTRATION SEC. 233. (1) Section 1820(a)(2) of title 38, United States Code, is 72 Stat. 1213. amended to read as follows: "(2) subject to specific limitations in this chapter, consent to the modification, with respect to rate of interest,time of payment of principal or interest or any portion thereof, security or other provisions of any note, contract, mortgage or other instrument securing a loan which has been guaranteed, insured, made or acquired under this chapter;" (2) Section 1820(f) of title 38, United States Code, is amended to So stat. 1316. read as follows: (f) Whenever loss,destruction,or damage to any residential prop- erty securing loans guaranteed, insured, made, or acquired by the Administrator under this chapter occurs as the result of a major dis- aster as determined by the President under the Disaster Assistance Act of 1970,the Administrator shall (1) provide counseling and such other service to the owner of such property as may be feasible and shall inform such owner concerning the disaster assistance available from other Federal agencies and from State or local agencies,and (2) pur- suant to subsection (a)(2) of this section,extend on an individual case basis such forbearance or indulgence to such owner as the Adminis- trator determines to be warranted by the facts of the case and the cir- cumstances of such owner." A-9 Pub. Law 91-606 - 10 - December 31, 1970 84 STAT. 1754 DISASTER LOAN INTEREST RATES SEC. 234. Any loan made under sections 231, and 232 of this Act shall not exceed the current cost of repairing or replacing the disaster injury,loss,or damage in conformity with current codes and specifica- tions. Any loan made under sections 231, 232, 236(b) and 237 of this Act, shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity of ten to twelve years reduced by not to rexlmrm exceed 2 percentum per annum.In no event shall any loan made under rate, this section bear interest at a rate in excess of 6 per centum per annum. AGE OF APPLICANT FOR LOANS SEC. 235. In the administration of any Federal disaster loan pro- gram under the authority of section 231,232,or 233 of this Act,the age of any adult loan applicant shall not be considered in determining whether such loan should be made or the amount of such loan. FEDERAL LOAN ADJUSTMENTS SEC. 236. (a) In addition to the loan extension authority provided 49 Stat, 1366. in section 12 of the Rural Electrification Act,the Secretary of Agricul- ture is authorized to adjust and readjust the schedules for payment of principal and interest on loans to borrowers under programs administered by the Rural Electrification Administration, and to extend the maturity date of any such loan to a date not beyond forty years from the date of such loan where he determines such action is necessary because of the impairment of the economic feasibility of the system, or the loss, destruction or damage of the property of such borrowers as a result of a major disaster. (b) The Secretary of Housing and Urban Development is author- ized to refinance any note or other obligation which is held by him in connection with any loan made by the Department of Housing and 1 Trban Development or its predecessor in interest,or which is included within the revolving fund for liquidating programs established by 68 Stat. 295; the Independent Offices Appropriation Act of 1955,where he finds such Ante p. 1462. refinancing necessary because of the loss,destruction,or damage (as a 12 USC 17015-5. result of a major disaster) to property or facilities securing such obli- gations. The Secretary may authorize a suspension in the payment of principal and interest charges on, and an additional extension in the maturity of, any such loan for a period not to exceed five years if he determines that such action is necessary to avoid severe financial hardship. AID TO MAJOR SOTIRCES OF EMPLOYMENT SEC. 237. (a) The Small Business Administration in the case of a nonagricultural enterprise, and the Farmers Home Administration in the case of an agricultural enterprise, are authorized to provide any industrial, commercial, agricultural, or other enterprise, which has constituted a major source of employment in an area suffering a major disaster and which is no longer in substantial operation as a result of such disaster, a loan in such amount as may be necessary to enable such enterprise to resume operations in order to assist in restor- ing the economic viability of the disaster area. Loans authorized by this section shall be made without regard to limitations on the size of A-10 December 31, 1970 - 11 - Pub. Law 91-606 84 STAT. 1755 loans which may otherwise be imposed by any other provision of law or regulation promulgated pursuant thereto. (b) Assistance under this section shall be in addition to any other Federal disaster assistance, except that such other assistance may be adjusted or modified to the extent deemed appropriate by the Director under the authority of section 208 of this Act. Any loan made under this section shall be subject to the interest requirements of section 234 of this Act, but the President, if he deems it necessary, may defer payments of principal and interest for a period not to exceed three years after the date of the loan. Any such deferred payments shall bear interest at the rate determined under section 234 of this Act. FOOD COUPONS AND DISTRIBUTION SEC. 238. (a) Whenever the President determines that, as a result of a major disaster, low-income households are unable to purchase adequate amounts of nutritious food, he is authorized, under such terms and conditions as he may prescribe, to distribute through the Secretary of Agriculture coupon allotments to such households pursu- ant to the provisions of the Food Stamp Act of 1964 and to make 78 Stat. 703. surplus commodities available pursuant to the provisions of section 203 7 USC 2011 of this Act. note. (b) The President,through the Secretary of Agriculture,is author- ized to continue to make such coupon allotments and surplus corn- modities available to such households for so long as he determines necessary, taking into consideration such factors as he deems appro- priate,including the consequences of the major disaster on the earning power of the households to which assistance is made available under this section. (c) Nothing in this section shall be construed as amending or other- wise changing the provisions of the Food Stamp Act of 1964 except as they relate to the availability of food stamps in a major disaster area. LEGAL SERVICES SEC. 239. Whenever the Director determines that low-income indi- viduals are unable 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 Act, the Director shall assure that such programs are conducted with the advice and assistance of appropriate Federal agencies and State and local bar associations. UNEMPIA)TMENT ASSISTANCE. SEC. 240. The President is authorized to provide to any individual unemployed as a result of a major disaster,such assistance as he deems appropriate while such individual is unemployed. Such assistance as the President shall provide shall not exceed to maximum amount and the maximum duration of payment under the unemployment com- pensation program of the State in which the disaster occurred, and the amount of assistance under this section to any such individual shall be reduced by any amount of unemployment compensation or of • private income protection insurance compensation available to such individual for such period of unemployment. - !' A-11 Pub, Law 91-606 - 12 - December 31, 1970 84 STAT, 1756 COMMUNITY DISASTER GRANTS SEC. 241. The President is authorized to make grants to any local government which, as the result of a major disaster, has suffered a substantial loss of property tax revenue (both real and personal). Grants made under this section may be made for the tax year in which the disaster occurred and for each of the following two tax years. The grant for any tax year shall not exceed the difference between the annual average of all property tax revenues received by the local tgovernment during the three-tax-year period immediately preceding he tax year in which the major disaster occurred and the actual property tax revenue received by the local government for the tax year in which the disaster occurred and for each of the two tax years fol- lowing the major disaster but only if there has been no reduction in the tax rates and the tax assessment valuation factors of the local govern- ment. If there has been a reduction in the tax rates or the tax assess- ment valuation factors then, for the purpose of determining the amount of a grant under this section for the year or years when such reduction is in effect, the President shall use the tax rates and tax assessment valuation factors of the local government in effect at the time of the disaster without reduction, in order to determine the,property tax revenues which would have been received by the local government but for such reduction. TIMBER SALE CONTRACtS SEC. 242. (a) Where all existing timber sale contract between the Secretary of Agriculture or the Secretary of the Interior and a timber purchaser does not provide relief from major physical change not due to negligence of the purchaser prior to approval of construction of 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 determined by the appropriate Secretary, (1) of more than $1,000 for sales under one million board feet, (2) of more than $1 per thousand board feet for sales of one of three million board feet, or (3) of more than $3,000 for sales over three million board feet,such increased construction cost shall be borne by the United States. (b) If the Secretary determines that damages are so great that restoration, reconstruction, or construction is not practical under the cost-sharing arrangement authorized by subsection (a) of this section, the Secretary may allow cancellation of the contract notwithstanding contrary provisions therein. (c) The Secretary of Agriculture is authorized to reduce to seven days the minimum period of advance public notice required by the first 30 Stat. 35; section of the Act of June 4, 1897 (16 U.S.C.476),in connection with 31 Stat. 661; the sale of timber from national forests, whenever the Secretary deter- 66 Stat. 95. mines that (1) the sale of such timber will assist in the construction 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 timber is necessary to salvage the value of timber dam- aged in such major disaster or to protect undamaged timber. (d) The President,when he determines it to be in the public interest, and acting through the Director of Emergency Preparedness, is authorized to make grants to any State or local government for the purpose of removing from privately owned lands timber damaged as a result of a major disaster, and such State or local government is A-12 r— December 31, 1970 - 13 - • Pub. Law 91-606 84 STAT. 1757 authorized upon application,to make payments out of such grants to any person for reimbursement of expenses actually incurred by such person in the removal of damaged timber, not to exceed the amount that such expenses exceed the salvage value of such timber. MINIMUM STANDARDS FOR RESIDENTIAL STRUCTURE RESTORATION SEC.243. No loan or grant made by ally relief organization operat- ing under the supervision of the Director, for the repair, restoration, reconstruction,or replacement of any residential structure located in a major disaster area shall be made unless such structure will be repaired,restored,reconstructed,or replaced in accordance with appli- cable standards of safety. decency. and sanitation and in conformity with applicable building codes and specifications. FEDERAL FACILITIES SEc. 251. 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 if he determines that such repair, reconstruction, restoration, or replacement is of such importance and urgency that it cannot reasonably be deferred pend- ing the enactment of specific authorizing legislation or the making of an appropriation for such purposes. In order to carry out the provi- sions of this section, such repair. reconstruction, restoration, or replacement may be begun notwithstanding a lack or an insufficiency of funds appropriated for such purpose, where such lack or insuffi- ciency can be remedied by the transfer, ill accordance with law, of funds appropriated to that agency for another purpose. STATE AND LOCAL GOVERNMENT FACILITIES SEC. 252. (a) The President is authorized to make contributions to Federal State or local governments to repair, restore, reconstruct, or replace oontributions. public facilities belonging to such State or local governments which were damaged or destroyed by a major disaster, except that the Fed- eral contribution therefor shall not exceed 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 imme- diately prior to such disaster and in conformity with applicable codes, specifications, and standards. (b) In the case of any such public facilities which were in the Limitation. process of construction when damaged or destroyed by a major disaster,the Federal contribution shall not exceed 50 per centum of the net costs of restoring such facilities substantially to their prior to such disaster condition and of completing construction not performed prior to the major disaster to the extent the increase of such cost over the original construction cost is attributable to changed conditions result- ing from a major disaster. (c) For the purposes of this section "public facility" includes any "Public flood control, navigation, irrigation, reclamation, public power, facility." sewage treatment and collection,water supply and distribution,water- shed development, or airport facility, any non-Federal-aid street, road,or highway, and any other public building,structure,or system, other than one used exclusively for recreation purposes. A-13 r- 84 STAT. 1758 Pub. Law:91_606 - 14 - December 31, 1970 PRIORITY TO CERTAIN APPLICATIONS FOR PUBLIC FACILITY AND PUBLIC HOUSING ASSISTANCE SEC. 253. In the processing of applications for assistance, priority and immediate consideration may be given, during such period, not to exceed six months,as the President shall prescribe by proclamation, to applications from public bodies situated in major disaster areas, under the following Acts: 69 Stat. 642; (1) title II of the Housing Amendments of 1955, or any other 75 Stat. 175. Act providing assistance for repair, construction, or extension of 42 USC 1491. public facilities; 50 Stat. 888. (2) the United States Housing Act of 1937 for the provision of 42 USC 1401. low-rent housing; 69 Stat. 641; (3) section 702 of the Housing Act of 1954 for assistance in 78 stet, 799, public works planning 40 USC 462, planning, (4) section 702 of the Housing and Urban Development Act of 79 Stat. 490; 1965 providing for grants for public facilities;or 82 Stat, 534. (5) section 306 of the Consolidated Fanners Home Admin- 42 USC 3102, istration Act. 75 Stat, 306; 80 Stat. 1318. 7 USC 1926. RELOCATION ASSISTANCE SEC. 254. Notwithstanding any other provision of law, no person otherwise eligible for any kind of relocation assistance payment 78 Stat. 788; authorized colder section 114 of the Housing Act of 1949 shall be 82 Stat, 526. denied such eligibility as a resuit of his being unable, because of a 42 USC 1465. major disaster as determined by the Presidents to reoccupy property from which he was displaced by such disaster. TITLE III—MISCELLANEOUS TECHNICAL AMENDMENTS ..� SEc.301. (a) Section 701(a)(3) (13)(ii) of the Housing Act of 1954 82 Stat. 527. (40 U.S.C. 461(a)(3)(B)(ii)) is amended to read as follows: "(ii) have suffered substantial damage as a result of a major disaster as determined by the President pursuant to the Disaster Relief Act of 1970". (b) Section 8(b)(2) of the National Housing Act (12 U.S.C.1706c 67 Stat. 121. (b)(2)) is amended by striking out of the last proviso "section 2(a) of the Act entitled 'An Act to authorize Federal assistance to States and local governments in major disasters, and for other purposes' (Public Law 875, Eighty-first Congress, approved September 30, 1950)" and inserting in lieu thereof "section 102(1) of the Disaster Relief Act of 1970". (c) Section 203(h) of the National Housing Act (12 U.S.C. 68 Stat. 592; 1709(h)) is amended by striking out"section 2(a) of the Act entitled 83 Stat. 383. 'An Act to authorize Federal assistance to States and local govern- ments in major disasters and for other purposes' (Public Law 875, Eighty-first Congress, approved September 30, 1950), as amended" and inserting in lieu thereof ""section 102(1) of the Disaster Relief Act of 1970". (d) Section 221(f) of the National Housing Act (12 U.S.C. 80 Stat. 1317. 17151(f)) is amended by striking out of the last paragraph "the Act entitled 'An Act to authorize Federal assistance to States and local governments in major disasters, and for other purposes', approved September 30, 1950, as amended (42 U.S.C. 1855-1855g)" and insert- ing in lieu thereof"the Disaster Relief Act of 1970". A-14 December 31, 1970 - 15 - Pub. Law 91-606 84 STAT. 1759 (e) Section 7(a)(1)(A) of the Act of September 30,1950 (Public Law 874, Eighty-first Congress, as amended; 20 U.S.C. 241-1(a)(1) (A)), is amended by striking out"pursuant to section 2(a) of the Act 81 stat. 811. of September 30, 1950 (42 U.S.C. 1855a(a))" and inserting in lieu thereof"pursuant to section 102(1) of the Disaster Relief Act of 1970". (f) Section 16(a) of the Act of September 23, 1950 (79 Stat. 1158; 20 U.S.C. 646(a)) is amended by striking out"section 2(a) of the Act of September 30, 1950 (42 U.S.C. 1855a(a))" and inserting in lieu thereof"section 102(1) of the Disaster Relief Act of 1970". (g) Section 408(a) of the Higher Education Facilities Act of 1963 (20 U.S.C. 758(a)) is amended by striking out "section 2(a) of the so stat. 1318. Act of September 30,1950 (42 U.S.C.1855a(a))"and inserting in lieu thereof"section 102(1) of the Disaster Relief Act of 1970". (h) Section 165(h)(2) of the Internal Revenue Code of 1954,relat- • ing to disaster losses (26 U.S.C. 165(h)(2)) is amended to read as 76 Stat. 51. follows: "(2) occurring in an area subsequently determined by the Pres- ident of the United States to warrant assistance by the Federal Government under the Disaster Relief Act of 1970,". (i) Section 5064(a) of the Internal Revenue Code of 1954 (26 U.S.C. 5064(a)), relating to losses caused by disaster,is amended by 72 Stat. 1337. striking out "the Act of September 30, 1950 (42 U.S.C. 1855)" and inserting in lieu thereof"the Disaster Relief Act of 1970". (j) Section 5708(a) of the Internal Revenue Code of 1954 (26 U.S.C. 5708(a)), relating to losses caused by disaster, is amended by 72 Stat. 1420. striking out "the Act of September 30, 1950 (42 U.S.C. 1855)" and inserting in lieu thereof"the Disaster Relief Act of 1970". (k) Section 3 of the Act of June 30, 1954 (68 Stat. 330; 48 U.S.C. 1681), is amended by striking out of the last sentence "section 2 of 82 Stat. 1213. the Act of September 30,1950 (64 Stat. 1109),as amended (42 U.S.C. 1855a)" and inserting in lieu thereof "section 102(1) of the Disaster Relief Act of 1970". (1) Whenever reference is made in any provision of law (other than this Act),regulation,rule,record,or document of the United States to the Act of September 30,1950 (64 Stat.1109),or any provision of such Act, such reference shall be deemed to be a reference to the Disaster Relief Act of 1970 or to the appropriate provision of the Disaster Relief Act of 1970 unless no such provision is included therein. REPEAL OF EXISTING LAW Sec. 302. The following Acts are hereby repealed: (1) the Act pf September 30, 1950 (64 Stat. 1109) ; 42 USG 1855. (2 the Disaster Relief Act of 1966, except section 7 (80 Stat. 42 SC 1855aa 1316); and note. (3) the Disaster Relief Act of 1969 (83 Stat.125). 42 use 1855aaa note. PRIOR ALLOCATION OF FUNDS SEC. 303. Funds allocated before the date of enactment of this Act under a Federal-State Disaster Agreement for the relief of a major disaster as defined in the Act of September 30,1950 (Public Law 875, Eighty-first Congress),and not expended on the date of enactment of this Act may be used by the State to make payments to any person for reimbursement of expenses actually incurred by such person in the removal of debris from community areas,but not to exceed the amount that such expenses exceed the salvage value of such debris,or in other- A-15 84 STAT. 1760 Pub. Law 91-606 - 16 - December 31, 1970 64 stat. 1109. wise carrying out the purposes of such Act of September 30, 1950,or 42 USC 1855. this Act. EFFECTIVE DATE SEC. 304. This Act shall take effect immediately upon its enactment, except that sections 226(6),237,241,252(a),and 254 shall take effect as of August 1,1969,and sections 231,232,and 233 shall take effect as of April 1,1070. Approved December 31, 1970. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 91-1524 (Comm. on Public Works) and No. 91-1752 (Comm. of Conference). SENATE REPORT No. 91-1157 (Comm. on Publio Works). CONGRESSIONAL RECORD, Vol. 116 (1970): Sept, 9, considered and passed Senate. Oct. 5, considered and passed House, amended. Dec. 17, House agreed to conference report. Dec. 18, Senate agreed to conference report. 54-033 A-16 APPENDIX B EXECUTIVE ORDER 11575 Providing for the Administration of the Disaster Relief Act of 1970 By virtue of the authority vested in me by the Disaster Relief Act of 1970, hereinafter referred to as the Act, and section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows: SECTION 1. (a) The authorities vested in the President by section 102(1) of the Act to declare a major disaster, by section 251 of the Act to provide for the restoration of Federal facilities, and by section 253 of the Act to prescribe time limits for granting priorities for certain public facilities and certain public housing assistance arc reserved to the President. (b) Except as otherwise provided in subsections (a), (c), and (d) of this section, the Direcior of the Office of Emergency Preparedness is designated and empowered to exercise, without the approval, ratifica- tion, or other action of the President, all of the authority vested in the President by the Act. (c) The Secretary of Defense is designated and empowered to exer- r— cise, without the approval, ratification, or other action of the President, all of the authority vested in the President by section 210 of the Act concerning the utilization and availability of the civil defense communi- cations system for the purpose of disaster warnings. (d) The Secretary of Agriculture is designated and empowered to exercise, without the approval, ratification, or other action of the Presi- dent,all of the authority vested in the President by section 238 of the Act concerning food coupons and surplus commodities. SEC. 2. The Director of the Office of Emergency Preparedness may delegate or assign to the head of any agency of the executive branch of the Government,subject to the consent of the agency head concerned in each case,any authority or function delegated or assigned to the Director by the provisions of this order. Any such head of agency may redelegate any authority or function so delegated or assigned to him by the Director to any officer or employee subordinate to such head of agency whose appointment is required to be made by and with the advice and consent of the Senate. SEC. 3. Rules, regulations, procedures, and documents issued under the authority of the Act of September 30, 1950 (64 Stat. 1109); the Disaster Relief Act of 1966 (80 Stat. 1316); and the Disaster Relief Act of 1969 (83 Stat. 125) shall remain in effect for purposes of the Act unless otherwise modified, superseded, or revoked by the appropriate B-1 Federal official, and, unless inappropriate, all references in those rules, regulations, procedures, and documents or in any Executive order or other document to the Act of September 30, 1950, the Disaster Relief Act of 1966, or the Disaster Relief Act of 1969 shall be deemed to be references to the Act. SEC.4.In order to assure the most effective utilization of the personnel, equipment, supplies, facilities, and other resources of Federal agencies pursuant to the Act, agencies shall make and maintain suitable plans and preparations in anticipation of their responsibilities in the event of a major disaster. The Director of the Office of Emergency Preparedness shall coordinate,on behalf of the President,such plans and preparations. SEC. 5. Executive Order No. 10427 of January 16, 1953, Executive Order No. 10737 of October 29, 1957,and Executive Order No. 11495 of November 18, 1969, are hereby revoked. Unless inappropriate, any reference to those Executive orders in any rule, regulation, procedure, document, or other Executive order, shall be deemed to be a reference to this Executive order. THE WHITE HOUSE, December 31,1970. [F.R. D9c. 71-175; Filed, Jan. 4, 1971; 9:03 a.m.] • B-2 FEDERAL REGISTER, VOL. 36, NO. 2-TUESDAY, JANUARY 5, 1971 37) /-. APPENDIX C Title 32—NATIONAL DEFENSE Chapter XVII—Office of Emergency Preparedness PART 1710—FEDERAL DISASTER lowed in implementing those sections of (ki "State Coordinating Officer"is the ASSISTANCE Public Law 91-606 assigned to the Di- person appointed by the Governor In the rector by the PART 1711—FEDERAL DISASTER AS- him by Exec c delegated uti e Order 11575dat dated representative as his authorized representa ve to SISTANCE FOR PROJECTS UNDER December 31, 1970. act in cooperation with the Federal Co- CONSTRUCTION §1710.2 Definitions. ordinating Officer appointed under sec- PART 1715—FEDERAL DISASTER AS- tion 201 of the Act; As used in the Act: (1) "Contractor" is any individual, SISTANCE UNDER THE DISASTER (a) Major disaster" means any hur- partnership, corporation, agency, or RELIEF ACT OF 1969 ricane,tornado,storm,flood,high water, other entity, public or private (other wind-driven water, tidal wave, earth- than an organization engaged in the Pursuant to the authority vested in me quake,drought,fire,or other catastrophe business of insurance) performing work by Public Law 91-606 and Executive in any part of the United States,which in for a State or local agency; Order 11575 of December 31, 1970, the the determination of the President,is or (m) "Damages" include suffering and present Parts 1710, 1711, and 1715 of threatens to be of sufficient severity and hardship and physical destruction or Title 32 of the Code of Federal Regula- magnitude to wanant disaster assistance deterioration; - tions are hereby combined in a new Part by the Federal Government to supple- (n) "Federal assistance" includes aid 1710 to read as follows: ment the efforts and available resources to disaster victims or State or local gov- 5ubpart A—General of States, local governments, and relief ernments under provisions of the Act SeC, organizations in alleviating the damage, by Federal agencies; 1710.1 Purpose. loss, hardship, or suffering caused (o) "Termination"as used in this part, 1710.2 Definitions. thereby, and with respect to which the means completion of eligible work to be 1710.3 Policy. Governor of any State in which such accomplished and therefore the end of Subpart a—Major Disasters certifies occurs or threatens to occur the need for Federal assistance; certifies the need for Federal disaster (p) "Projects under construction"are 1710.4 Requests for Federal assistance. assistance under this Act and gives as- those projects on which work has physi- 1710.6 Processing threquest ta of aov- surance of the expenditure of a reason- tally been initiated but not yet completed emisr for rasa a declaration fn of able amount of the funds of such State, to the extent that the project has been er." 1710.6 Initiation of Federal assistance. its local governments, or other agencies accepted by the applicant; - 1710.7 Federal-State Disaster Assistance for alleviating the damage, loss, hard- (q) "Changed conditions" means Agreements, ship or suffering resulting from such changed physical conditions as differen- 1710.8 Project applications. catastrophe; tiated from financial or administrative 1710.9 Debris and wreckage clearance, (b) "United States" means the 50 conditions;' 1710.10 Protective work. States, the District of Columbia, Puerto (r) "Applicant" is the State or local 1710.11 Repair irltand replacement of public Rico, the Virgin Islands, Guam, Ameri- government submitting a project appli- 1710.12 Emergency shelter,fac can Samoa, and the Trust Territory of cation under the Act. 1710.13 Temporary housing. the Pacific Islands; § 1710.3 Policy. �^ 1710.14 Lease and mortgage payments. (c) "State" means any State of the 1710.15 Grants for removing timber from United States, the District of Columbia, (a) It is the policy of the Office of privately owned land. Puerto Rico, the Virgin Islands, Guam, Emergency Preparedness to provide an 1710.16 Assisttance to unemployed Inds- American Samoa,or the Trust Territoryvid orderly and continuing means of supple- of the Pacific Islands; mental assistance by the Federal Gov- 1710.17 Federal assistance for projects un- ernment to States and local governments der construction. (d) "Governor" means the chief in carrying out their responsibilities to 1710.18 Emergency support teams. executive of any State; alleviate suffering,hardship and damage 1710.19 Use of local firms and individuals. (e) "Local government" means any resulting from major disasters, 1710.20 Relief agencies. county, city, village, town, district, or 1710.21 Duplication of benefits.. (b) It is also the policy of to 1710.22 Nondiscrimination. other political subdivision of any State, foster the development of State and local 1710.23 Emergency communications. and includes any rural community or government organizations and plans for 1710.24 Emergency public transportation. unincorporated town or village for which coping with major disasters, and to pro- 171025 Legal Legalate servicP3 an application for assistance is made by vide advice and guidance to Federal 1710.26 Assistance by Federal agencies, a State or political subdivision thereof; agencies and States and local govern- 1710.28 Surplus property. <D "Federal agency" means any de- menu on organization and preparedness 1710.29 The American National Red Cross. partment, independent establishment, in order to meet the effects of major 1710.30 Private relief organizations. Government corporation,or other agency disasters. 1710.31 Minimum State and local expends- of the executive branch of the Federal (c) It is further a policy of OEP to in- tures. • Government, except the American sure that the individual disaster victims 1710.32 Time limits. National Red Cross; 1710.33 Grants to local governments suffer- (g) "Director" means the Director of are apprised of Federal assistance avail- ing loss of property tax revenue, able and nto assist h the individual lssistcetito 1710.34 Retroactive provisions. the Office of Emergency Preparedness; in obtaining the Federal assistance to (h) "Public facility" includes any which he is entitled. Subpart C—Disaster Planning flood control,navigation,irrigation,1'ec- 1710.35 Grants for developing, improving, lamation,public power,sewage treatment Subpart B—Major Disasters maintaining, and updating State and collection, water supply and distri- §1710.4 Requests for Federal assist- disaster plans. button, watershed development, or air- y once. Subpart D—Reduction of Threat of Major Disasters port facility,any non-Federal-aid street, (a) Upon the occurrence or threat of road, or highway, and any other public 1710.36 Preafsaster assistance. building, structure, or system, other 1710.37 Fire suppression. a catastrophe within a State which, in the opinion of its Governor constitutes, than one used exclusively for recreation or threatens, a major disaster requiring Avrnoarxr: The provisions of this Part purposes; 1710 issued under Public Law 91-606, 84 (i) "Regional Director" means a di- supplementary Federal assistance, the stet. 1744; E.O.11575,36 F.R.37; E.O. 11051, Governor may present to the Director, 27 F.R. 9683, 3 CFR, 1959-1963 Comp. rector of a regional office of the Office through the Regional Director,a request of Emergency Preparedness; for Federal assistance. The request shall Subpart A—General (j) "Federal Coordinating Officer" is include the Governor's verification of §1710.1 Purpose. the person appointed by the Director to the need for Federal assistance and his operate under the Regional Director to assurance of reasonable State and local The purpose of this part is to prescribe coordinate Federal assistance in a major government expenditures to prevent or the standards and procedures to be fol- disaster; alleviate damage from such disaster. In C-i. certain circumstances, the Governor contain the assurance of the State that places available to employees and applicants may request a major disaster declara- a reasonable amount of the funds of the for employment. tion for limited types of assistance. The State, local governments or other agen- of Executive Order No. 11246 of (4) The contractor will comply with all request shall include the following: cies therein will be expended in alleviat- (1) The Governor's certification as ing damage caused by the disaster. The September d4, 1lev, and of the forth' r U.S la and mentnt orders of the U.S. Prescribed An in § ate 1710.31(c). Agreement ll also contain sit such other Equal Employment Opportunity Commis- (2) estimate r the amount wnbyand ter and cof consistent la ant with the sine. severity ha of va (n broken down by type, provisions of applicable lai , laws, executive (5) The contractorrts will furnish dyall in- such as private (nonagricultural), agri- may orders, and regulations, as the Director Order formation and reports reqembered b1965,Executive cultural, and public. may require. Order 11246 of September 24, 1865, as (3) A statement of actions pending (b) In the event a declaration is made amended, and by the rules,regulations, and or taken by the State legislative or local only for limited assistance, the Agree- orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books, legislative and governing authorities ment will so specify, records, and accounts by the contracting with regard to the disaster. (c) In the event funds are to be trans- agency and the Committee for purposes or (4) An estimate of the extent and na- ferred to a State for disaster relief pur- investigation to ascertain compliance with - ture of Federal assistance needed by poses, every Federal-State Disaster such rules, regulations, and orders. each county and the State broken down Assistance Agreement, by reference to (6) Contractor noncompliance with the by category of public or individual as- this part, shall contain, and the State nondiscrimination clauses of this contract sistance, including an estimate of the and its political subdivisions will agree or with any mayo the said rules, regulations, Federal funds necessary to supplementor contract cts, result to action to miwhnated the _ to, the following provision: may be canceled, terminated,c or the efforts and available resOU[Ce3 of the In the event that a State or local govern- suspended in whole or in part and the con- State in alleviating the damage. ment violates any of the conditions imposed tractor may be declared ineligible for further (5) As appropriate,other justification upon disaster relief assistance under law, Government contracts in accordance with in support of the request. this Agreement or applicable Federal regula- procedures authorized in Executive Order tions, the Director will notify the State of 11248 of September 24, 1965. Such other §1710.5 Processing the request of a sanctions may be imposed and remedial said violation and the necessary corrective Governor for a declaration of a measures, and will notify the State that measures Invoked as provided In the said "major disaster", additional financial assistance for the pur- Executive order or by rule, regulation, or (a) The Regional Director shall ac- pose of the project 1n connection with which order of the U.S. Equal Employment Op- knowledge and forward the Governor's the violation occurred will be withheld until vfp a u bt,aC mmission or as otherwise pro_ request, together with his report and such violation has been corrected: Provided, (7) y pro- recommendations, to the Director. Shat if the not sat after such the cor ec the visions paragraphs will l)include tthhh h(7 State is satisfied with corrective every subcontract or purchase order unless (b) The Dirrequest el foPresident,s the measures taken to comply withhis ate ta-getherportunity Governor's his e c to the anot0- tion,the Director will notify the State that exempted Equal rules,Employment or orders of with his recommendation regard- further financial assistance will be with- thOouisn�s$sIonIssued pursuant tto0section 303 ing Presidential action thereon. held for the project for which it has been de- of Executive Order 11246 of September 24, termined that a violation exists, or for all §1710.6 Initiation of Federal assistance. , or any portion of financial assistance which 1965,eo that such provisions will be binding has or is to be made available to the State upon each subcontractor or vendor.The con- Upon a declaration of a major discs- or local governments for the purpose of cis- tractor will take such action with respect ter by the President, the Director will aster relief assistance under the provisions to any subcontract or purchase order as the immediately initiate action to provide •ff this Agreement, applicable Federal reg- contracting agency may direct as a means of -� Federal assistance in accordance with ulatlons and the Act. enforcing such provisions, Including eanC- such declaration, applicable laws, and -Clone for noncompliance: Provided, how- regulations, The determination of the (d) By reference to this part,the fol- ever, That m the event the contractor be- lowing provisions shall be included in comes involved in, or is threatened with, President,with respect to the declaration every Federal-State Disaster Assistance litigation with a subcontractor or vendor of a major disaster, will be promptly Agreement: as a result of such direction by the contract- transmitted to the Governor of the State ing agency,the contractor may request the concerned.Areas eligible for Federal as- During the performance of any contract United States to enter Into such litigation • entered into under this agreement,the con- to protect the Interests of the United States. sistance will be determined by the three- tor.The Director will appoint a Federal tractor The aerco as follows: r (1) oyee will not discriminate orem o By provision one to this part,lu the Coordinating the Regional (FCC) to operate ployment t any employee or n, for em- following Federal-State shall Di be std in under the Such Director a in each ma- age, economic omitbeca of race, sex,color, every ant entered Disaster Assistance jor disaster.Such officer may be the Re- age, economic status, or national origin. Agreement entered into: atonal Director,a member of the region- Such action shall include, but not be Ifm- al staff or other Federal official.He shall lied to the following: Employment,upgrad- No member of or Delegate to Congress,or be responsible for the coordination of ing, demotion, or transfer; recruitment, or resident commissioner. shall be admitted to recruitment advertising; layoff or termina- any share or part of this agreement, or to Federal disaster relief and assistance. Lion; rates of -pay or other forms of Compere any benefit to arise thereupon: Provided, He shall establish and staff such field sation; and selection for training including however, This provision shall not be con- offices as may be necessary for the rapid apprenticeship, The contractor agrees to strued to extend to any contract made with and efficient administration of Federal post in conspicuous places, available to em- a corporation for its general benefit, disaster relief programs and shall other- ployees and applicants for employment, no- §1710.8 Project applications. wise assist local citizens and public of- rites to be provided by the contracting offl- Rcisls in promptly obtaining assistance cer setting forth the provisions of this non- (a) Federal financial assistance shall to which they are entitled.The FCG may discrimination clause. be provided on the basis of project ap- also exercise any additional authorities (2) The contractor will, In all solicits.- plications submitted by the State or local • Lions or advertisements for employees placed governments and approved by the State as the Regional Director may prescribe. by or on behalf of the contractor,state that and Regional Director or his authorized §1710.7 Federal-State Disaster Assist- all qualified applicants will receive conafa- representative,pursuant to the Federal- anee Agreements. eration for employment without regard to Assistance Agreement and State Disaster race,religion,sex,color,age,economic status (a) Upon the declaration of a major or national origin. in accordance with this part. The ap- disaster,a Federal-State Disaster Assist- (3) The contractor will send to each labor proved project application will provide ance Agreement will be executed by the union or representative of workers with the basis of a request for an advance Governor (or the Acting Governor) act- which he has a collective bargaining agree- of funds and reimbursement for ing for the State and the appropriate ment or other contract or understanding, expenditure. Regional Director, acting for the Fed- a notice,n to er,advisingded hby the agency con- (b) Project applications shall be sub- eral officer,' advrepresentative ising the e labor cutorn pr Government.th Such manner Agreement shall era or workers' under of the anrec shall l if milted ewscrin d days,or a Regional oa period provide for shebemade in available v Federal commitments stopiesunder this section, and uu tor, prescribed by the PDresident's is to be and post copses of the notice in conspicuous following the date of the President's C-2 ,#— declaration of a major disaster. If the (21 Make reimbursements to any State the standards,to be applicable,have been circumstances of the disaster are such or local government for the removal of in use prior to the disaster.If no codes, as to make immediate detailed damage such debris or wreckage. specifications or standards are applicable surveys and reports by local/State/Fed- (d) Consideration in determining as prescribed above, repair or replace- eral agencies impractical, the Regional public interest under this section shall ment will be limited to returning the Director may, if the State so requests, include: facility to predisaster condition, based extend this period. (1) Whether removal of debris and on then existing design. (m Every project application shall wreckage is necessary to eliminate (4) If damages to a facility are not contain a certification by the Governor, threats to life and property. extensive and the facility is economically or his authorized representative, that (2) Whether removal of debris and repairable,as determined by the Regional Federal financial assistance involved will wreckage is necessary to eliminate a fire Director, repairs only will be approved. be, or has been,expended in accordance or Rood hazard which threatens sub- (5) An applicant may, at its discre- with applicable law and regulations stantial destruction of undamaged pub- tion, request a grant-in-lieu of author- thereunder. lic or private property. ized repair or replacement toward the (d) If a project application is ap- (3) Whether removal of debris and repair or replacement of the facility to proved without change, signed copies wreckage is essential to the economic higher standards than provided for thereof evidencing such approval shall recovery of the affected community. herein. Such grant-in-lieu shall not be returned to the State. (e) No provision is made in the Act exceed the approved cost of eligible work. (e) If disapproved, the project appli- for reimbursing an individual or non- (6) In every major Federal action or - cation shall be returned to the State with governmental entity for the cost of re- project, involving Federal disaster as- a statement of the reasons for such dis- moving debris from his own property. sistance under the Act, the Regional approval. However, an individual may be reim- Director shall determine whether or not (f) If the approval is made subject bursed for the cost of debris removal the quality of human environment may to revisions, additional conditions, or from his property in those instances be significantly affected thereby. In any partial disapproval,signed copies thereof where applications were received by the case where affirmative determination evidencing such approval, together with Federal Government prior to January 1, may result, the Regional Director shall a full explanation of the revisions or ad- 1971. consult with the Director or his staff to ditional conditions, shall be returned to §1710.10 Protective work. arrange for compliance with section 102, the State. National Environmental Policy Act, (g) If the project application is dis- Federal financial assistance may be Public Law 91-190. approved in whole or in part, by the provided for performing on public or (7) The minimum policy objective In Regional Director, because of Made- private lands,protective and other emer- restoring public facilities damaged by a quacy of information, the disapproved gency work necessary because of the major disaster shall be to assure con- items may be resubmitted by the State disaster, for the protection of life and sideration of the advantages or dis- within 30 days of the date of the return Property. advantages of disaster proofing or relo- to the State: Provided,however,That if §1710.11 Repair and replacement of cation before any work or Federal again disapproved by the Regional Di- public facilities. expense is authorized. In restoring rector,or if there is no additional infor- damaged public facilities by use of Fed- mation, the disapproved items may be Repair and replacement of public fa- eral disaster assistance, the Regional resubmitted, in writing, within 30 days cilities may be eligible in two phases,de- Director may authorize minimum disas- of such disapproval through the Regional pendent on the extent of damage and the ter proofing as eligible work under the Director, with any further justification circumstances under which repairs are Act. When the Regional Director deter- for consideration by the Director. The to be made. mines that a public facility may not same appeal procedures shall apply to (a) Emergency repair or replacement be economically restored and disaster the approval of vouchers for final may be made only to the extent of pro- proofed in a hazard area, he may payment. viding a usable facility,where necessary, authorize relocation to a less hazardous until a facility can be repaired or re- site provided that overall Federal project §1710.9 Debris and wreckage clearance. placed to predisaster condition.The first cost is not increased. He may decline to (a) General: No authority under this Phase will include only the minimum authorize Federal disaster assistance to section for debris clearance through the measures to make the facility tempo- restore public facilities at the original use of Federal agencies shall be exer- rarily operational.Examples are detours, site when such facilities are subject to cised unless the affected State or local rental of alternate facilities, and other repetitive heavy damages or destruction. government shall first arrange an un- similar measures. If circumstances are tc) For the purposes of this section, conditional authorization for removal of such that repair or replacement can be functional furnishings and equipment such debris,or wreckage from public and delayed until repair or replacement can will be considered as part of a facility: private property, and shall agree to in- be performed to predisaster conditions provided,however,That used or surplus demnify the Federal Government against or if no alternative is practical, eligible equipment shall be utilized to the extent any claim arising from such removal, work will be considered only under para- practicable. All emergency debris and wreckage graph (b) of this section. (dl Consumable supplies damaged or clearance shall be performed immedi- (b) Permanent repair or replacement lost in a disaster, will be considered ately. Other debris clearance is to be to predisaster condition, based on the eligible for replacement to the extent completed as rapidly as possible. design of the facility as it existed prior that such replacement is made within 90 (b) Emergency debris clearance is to the disaster, but in donformity with days of the date of the President's decla- _ work necessary for preservation of life current codes,specifications or standards ration, but limited to a 30-day require- and property. Priority shall be given to may be approved using the following ment of each item so replaced. restoring essential public services includ- criteria: §1770.12 Emergency shelter. ing reopening of roads and access to (1) The Federal contribution there- public facilities, and to removing im- fore shall not exceed the net eligible Emergency shelter such as mass shel- f mediate threats to life and property. cost of restoring each such facility. ter or other shelter during the emer- (c) Recovery work supplements the (2) Such net cost shall be based on gency period during and immediately emergency work under paragraph (b) of the codes, specifications and standards following the disaster may be furnished this section. The Regional Director, currently being used by the applicant for by the Red Cross or other private or- whenever he determines it to be in the similar facilities in the locality. ganization or by local, State, or Federal public interest,may: (3) Written codes, specifications and Government. If to by govern- (11 Through the use of Federal agen- standards shall have been in use prior Gove agencies, and not by cies, clear debris and wreckage from to the disaster to be applicable. If not mentsuch private organization, eligible reimbursable by publicly and privately owned lands, In writing, the applicant must identify, sis waters, and drainage sources,and and a Federal inspector shall verify that may be paid. C-3 §1710.13 Temporary housing. cupants of temporary housing may be (a) An action plan shall be prepared In providing assistance under this sec- evicted on 30 days notice for reasons by the State to tailor the cleanup and iron for temporary housing for persons including, but not limited to, the timber salvage operation to fit the spe- requiring such housing as a result of the following: cific situation, including at least the disaster, the following criteria shall (1) Alternate housing, determined to following: apply: be adequate by the Federal Coordinating (I) Priorities in the approval of work (a) Prior to provision of temporary Officer or his representative is now shall be established to guide efforts to housing a determination of the need for available. areas where fire, pest, and wildlife same will be made by the Regional Di- (2) The occupants' predisaster hous- hazards are concentrated. rector based on a recommendation by ing is now ready for occupancy. (2) An appropriate limitation shall be the State Coordinating Officer,and after (3) Failure to pay rent or utility placed on the degree of cleanup to be a survey of available facilities by private, charges. approved. local, State, and Federal agencies, as (4) Failure to utilize and maintain the (3) Approved work practices and a. appropriate. housing in a manner normally expected scale of acceptable unit costs (per acre (b) Assistance for temporary housing of tenants of rental housing. or otherwise) shall be established, ii with respect to a particular major dis- (f) Temporary housing shall not be feasible. aster shall be limited to the minimum made available to any displaced indi- (b) Inspection of the areas to be required to provide shelter within a rea- vidual or family with insurance cover- cleared shall be made by State and Fed- sonable commuting distance during such age which provides the full cost of al- eral representatives to provide a valid period of time,as determined by the Di- ternate living arrangements. An excep- basis for approval of work to be done.In - rector, as would be necessary to permit tion may be made if adequate housing those cases where work has already been the construction or repair of permanent for the individual or family is not avail- started or completed, the inspection Ls housing in the area,or relocation of dis- able. to determine a reasonable basis for ap- placed persons into other adequate (g) Any mobile home or other dwelling proving or disapproving such work. In- housing. provided under this part shall normally spection reports shall include a complete (c) Temporary housing accommoda- be the minimum size required to accom- description of the land to be cleared and tions may be furnished by, but not lim- modate the individual or family occu- of the eligible work and an estimate of ited to: pant. the salvage value as well as the esti- (1) Using any unoccupied and readily (h) Temporary housing(including but mated cost of such work. usable housing owned by the United not limited to, mobile homes or other (c) Considerations in determining States under any program of the Federal readily fabricated dwellings) acquired by public interest under this section shall Government. purchase as a result of the major dis- include threats to life and property, and (2) Arranging with a local public aster may be sold directly to individuals possible flood hazards. housing agency for using unoccupied and and families occupying Federal furnished (d) Considerations in determining readily usable public housing units, or temporary disaster housing at prices that eligible costs under this section shall (3) Acquiring existing dwellings by are fair and equitable. include: lease. (i) A disaster victim is expected to ac- (1) Claims for reimbursement shall be (4) Acquiring mobile homes, or other cept the first adequate housing offered. verified before payment on the basis of readily fabricated dwellings by purchase If,because of personal preference he re- inspections and audits of completed or lease. fuses such housing, his request shall be work. (5) Any mobile home or readily fabri- returned to the State Coordinating (2) Any applicable insurance recov- cated dwelling shall be placed on a devel- Officer. eries and any salvage value of all timber oped site, complete with necessary im- (j) Temporary housing shall not be removed or to be removed are to be con- provements and utilities to the location made available to any person or family sidered and deducted from the costs for of each such dwelling as provided with- for use as a vacation or other secondary approved work. If the individual prop- out charge to the Federal Government by residence. erty owner elects to burn or otherwise State or local government, or by the (k) Temporary housing will not be dispose of the damaged timber instead owner or occupant of a site who was dis- Provided when mass shelter or typical of salvaging it, an estimated net value placed by the major disaster. In such transient accommodations are sufficient of potential salvage shall be estab- cases,the Federal responsibility shall be and when the nature or duration of the lished by the State and Federal repre- limited to connection costs to the fur- housing requirement does not justify sentatives.If they cannot agree,the OEP niched utilities. Failure to provide such more stable arrangements as determined Regional Director shall make the de- facilities on sites proposed for use by by the Regional Director or his termination, and his decision will be owners or occupants, shall constitute a representative. final. basis for rejection of such sites. If the §1710.14 Lease and mortgage payments. (3) Costs for construction of tempo- Regional Director determines it is in the rary roads approved by the OEP Re- public interest to use more economical The director or his designee shall pro- atonal Director, as necessary for access and accessible sites,such sites,including vide assistance on a temporary basis in to or salvage of damaged timber are utilities and improvements, may be pro- the form of mortgage or rental payments eligible. vided at Federal expense. to or on behalf of individuals and fam- ilies §1710.16 Assistance to uncm a (d) The occupant shall be responsible who, as a result of financial hard- dividuals. pl )ed m for paying directly all utility use charges, ship caused by a major disaster, have or shall be responsible for paying a received written notice of dispossession Based on delegation authority by the monthly allowance for utilities used if he or eviction from a residence by reason Director dated January 8, 1971, the Sec- occupies a mobile home or prefabricated of foreclosure of any mortgage of lien, retary of Labor will (a) under section - home located in a park or other dwelling cancellation of any contract of sale, or 240 of the Act,provide assistance to in- for which utilities are not metered termination of any lease entered into dividuals unemployed as a result of a separately. prior to the disaster. Such assistance major disaster, and (b) under section (e) No rentals shall be established for shall be provided for a period of not to 226(b) of the Act,provide reemployment exceed 1 year or for the duration of assistance services under other laws ad- any temporary housing for the first 12 ministered by the Department of Labor months of occupancy.Thereafter,rentals the period of financial hardship, which- to individuals who are unemployed as a shall be as established by the Regional ever is the lesser. result of a major disaster and to issue Director and shall be based on the fair § 1710.15 Grants for removing timber such rules and regulations as may be market value of the accommodations be- from privately owned lands. necessary and appropriate.Such regula- tions are provided in Title 20, Chapter ing furnished,adjusted to take into con- Removal of timber damaged by a major V.Part 625,of the Code of Federal Regu- sideration the financial ability of the disaster from privately owned lands may lations (34 F.R. 19656,Dec. 13, 1969),as occupant: Provided, however, That oc- be eligible for Federal assistance. amended. C-4 ---, r § 1710.17 Federal assistance for prof- feasible and practicable, to those orga- exceeded the amount of the loss,he shall eels under eonssr.:rtmn• nizations, firms and individuals who re- direct such person, business concern, or (a) Federal financial assistance may side or do business primarily in the other entity to pay to the Treasury an be provided for the repair, restoration, affected political subdivisions in the dis- amount, not to exceed the amount of or reconstruction of any public facility, aster area. The Regional Director shall Federal assistance received, sufficient to which was damaged or destroyed as a re- monitor such Federal expenditures to reimburse the Federal Government for suit of a major disaster and for the addi- assure compliance. that part of the assistance which he tional costs resulting from a major dis- § 1710.20 Relief agencies. deems excessive. aster for completion of any such facility (a) In providing relief and assistance §1710.22 Nondiscrimination. which was in the process of construction following a major disaster, the Director (a) Federal financial assistance to the when damaged or destroyed as a result or Regional Director may utilize, with States or their political subdivisions is of such major disaster,based on the fol- their consent, the personnel and facil- conditioned on full compliance with lowing criteria: ities of the American National Red OEP Regulation 5 issued pursuant to (I) Federal reimbursement therefore Cross, the Salvation Army, the Men- Title VI of the Civil Rights Act of 1964, shall not exceed 50 percent of the eligi- nonite Disaster Service, and other relief 30 F.R.321,January 9,1965. ble costs. Eligible costs are defined to or disaster assistance organizations, in (b) The Director shall issue,and may mean those costs determined by the Re- the distribution of medicine, food, sup- alter and amend, such additional regu- curre Director as incurred or to be in- plies or other items, and in the restora- lations as may be necessary for the guid- cu(I) in: tion, rehabilitation, or reconstruction of ance of personnel carrying out emer- ` ff) Restoring a public facility to sub- community services and essential facil- gency relief functions at the site of a stantprior ally the same n as existed ities, whenever the Director or Regional major disaster. Such regulations shall prior to the damage resulting from the Director finds that such utilization is include provisions for insuring that the major disaster, and necessary. distribution of supplies, the processing (ii) Completing construction not per- (b) The Director is authorized to of applications, and other relief and formed prior to the major disaster to the enter into agreements with the Ameri- assistance activities shall be aecom- extent the increase of such costs over can National Red Cross, the Salvation plished in an equitable and impartial orable toal construction costs is attrresulting but- Army, the Mennonite Disaster Service, manner, without discrimination on the able to changed conditions resulting and other relief or disaster assistance grounds of race,religion,sex,color, age, from the major disaster. organizations under which the disaster economic status, or national origin. (b) Eligible costs shall not include relief activities of such organizations (c) As a condition of participation in any interest cost on project funding or may be coordinated by the Federal Co- the distribution of assistance or supplies any cost for which reimbursement is ordinating Officer whenever such orga- under section 207, relief organizations received pursuant to insurance contracts nizations are engaged in providing re- shall be required to comply with regu- or otherwise by the party incurring the lief during and after a major disaster. lations relating to nondiscrimination economic burden of such costs,including Any such agreement shall include pro- promulgated by the Director, and such reimbursements which might be re- visions conditioning use of the facilities other regulations applicable to activities ceived from any other Federal agency. of the Office of Emergency Preparedness within a major disaster area as he deems (c) No reimbursement will be made to and the services of the Federal Coordi- necessary for the effective coordination any applicant for damages caused by noting officer upon compliance with reg- of relief efforts. its own negligence. ulations promulgated by the Director § 1710.23 Emergency communications. (d) No payment will be made for any under sections 208 and 209 of the Act, work which is not the responsibility of and such other regualtions as the Di- The Director is authorized during, or the applicant to perform. rector may require. in anticipation of, an emergency to es- tablish temporary communications in §1710.18 Emergency support teams. §1710.21 Duplication of benefits. any major disaster area in order to carry The Director or Regional Director is (a) The Director,in consultation with out the functions of his office, and to authorized to form emergency support the head of each Federal agency admin- make such communications available to teams of Federal personnel to be de- istering any program providing finan- State and local government officials and ployed in a major disaster area. Such clal assistance to persons, business con- other persons as he deems appropriate. emergency support teams shall assist the cems, or other entitles suffering losses §1710.24 Emergency public •transports• • Federal Coordinating Officer in carry- as the result of a major disaster, shall lion. ing out his responsibilities pursuant to assure that no such person,business con- section 201(b) of this Act. Upon request cern, or other entity will receive such The Director or Regional Director may of the Director,the head of any Federal Federal financial assistance with respect Provide emergency public transportation department or agency is authorized to to any part of such loss as to which he service in a major disaster area to meet detail to temporary duty with the emer- has received financial assistance under the emergency needs of communities. gency support teams on either a reim- any other program. Such service shall be devised to meet the bursable or nonreimbursable basis, as is (b) The Director shall assure that no needs of persons who,because of the dis- determined necessary by the discretion person, business concern, or other en- aster, have lost ready access to gov- of the Director, such personnel within tity receives any Federal assistance for ernmental offices, supply centers,stores, the administrative jurisdiction of the any part of a loss suffered as the result post offices, schools, major employment head of the Federal department or of a major disaster if such person, con- centers, and such other places as may agency as the Director may need or be- cern, or entity received compensation be necessary in order to enable the corn- - lieve to be useful for carrying out the from insurance or any other source for munity to resume its normal pattern of functions of the emergency support that part of such a loss.Partial compen- life as soon as possible. Any transpor- teams, each such detail to be without sation for a loss or a part of a loss suf- tation provided under this section Is in- loss of seniority, pay, or other employee fered as the result of a major disaster tended to supplement but not replace status. shall not preclude additional Federal normally available transportation 1770.19 Use of loyal firms and ind facili- assistance for any part of such a loss not ties and is to be discontinued as rapidly § i- compensated otherwise. as possible as ready access to the above vlduals. (c) Whenever the Director deter- facilities becomes available. In the expenditure of Federal funds mines (1) that a person, business con- §1710.25 Legal services' plies,debris clearance,distribution of sup- cern, or other entity has received assist- plies, reconstruction, and other major ance under this Act for a loss and that Whenever the Director determines that disaster assistance activities which may such person, business concern or other low-income individuals are unable to se- be carried out by contract with private entity received assistance for the same cure legal services adequate to meet their organizations,firms,or individuals,pref- loss from another source, and (2) that needs as a consequence of a major dis- erence shall be given, to the extent the amount received from all sources aster, consistent with the goals of the r., C-5 programs authorized by this Act, the independent of the Act: Provided, Such Director as the minimum for that State 1 Director shall assure that such programs disaster relief assistance by other Fed- in that disaster and for all disasters dur- are conducted with the advice and as- eral agencies is subject to the coordina- ing the 12-month period immediately sistance of appropriate Federal agencies tion of the Regional Director/Federal Co- preceding the request for assistance. and States and local bar associations, ordinating Officer. (b) The Director, in unusual circum- § 1710.26 State action. (f) In carrying out disaster relief as- stances, or in disasters in which excep- sistance under the Act and this part,any tional destruction and/or suffering and (a) The Governor of the State shall Federal agency is authorized to accept hardship have occurred, may waive in designate a State Coordinating Officer and utilize,with the consent of the State whole or in part this requirement. who shall review all project applications. or local government, the services, per- (c) The certification by the Governor In addition, the Governor (or his desig- sonnel, materials and facilities of such of total State and local expenditures and nee) shall certify that the project ap- State or local agency in connection with obligations shall contain the following plications meet all the requirements and the disaster: Provided, however, Such provisions: conditions of the Agreement and such utilization shall not be considered to Pursuant to §1710.32,Federal Disaster As. other terms established by the Director make such services, materials, or facili- sistance Regulations,I certify that the total and shall recommend approval or dis- ties, Federal in nature or to make the of expenditures and obligations (or resources approval. State, local governments, or agencies utilized) by the State of , for (b) Federal funds shall be controlled thereof an arm or agent of the Fed- disaster relief purposes for all disasters dur- In accordance with accepted or pre- eral Government. leg the 12-month period immediately pre- ceding scribed methods of accounting, identifi- this request,and for which no Federal Cation and administrative responsibill- § 1710.28 Surplus property. reimbursement has been or will be received, - ties. Representatives of the Office of (a) The States shall make maximum exDisas $ his Emergency Preparedness and the Gen- utilization of available Federal surplus disaster of which for m rse- be no Federal pectedrsto reimburse- era] normal business Ose shall h have toa the Property. ment will requested are ace with to during normal hours the (b) The Federal Government will do- exceed$ in accordance with the books and on of the State, r nate equipment rdance and supplies li determined a d following table: governments, contractors, and other in accordance with applicable laws and ---- ---.---- ._._.. agencies relating to Federal financial as- regulations to be surplus to the needs Amount sistance. Such records shall be main- and responsibilities of the Federal Gov- e'ategoryorassistancr — tained for a period of 3 years after pay- ernment, to States for use by them for State Local ment. the purposes of the Act.The donation of -_—"--- -'--- (c) Procurement of work and services such surplus property shall be made to I Temp ai ssshou mg _... .- .... under project applications hereunder the States upon the basis of a certifica- Health ' ' - must comply with §1710.7 and with tion by the State that such property is Welfare State or local statutes, regulations and usable and necessary for disaster relief Other(sneeiU).._ ordinances covering procurement of Purposes, and will be made in accord- mores - such supplies and services by such State ance with the procedures prescribed by Deb riiance: Debs and wreckage clearance or the political subdivision thereof, the General Services Administration. Protective work (d) No contract entered into by an ap- (c) The States may obtain informa- Restoration of public facilities -- Publicsafety '— plicant for disaster work or services un- tion on the availability of surplus prop- Omer(specify) der the Act shall contain a provision erty from the State surplus property which makes the payment for such work agency; or the State agency designated Grand total Contingent upon reimbursement under for such purposes under State law. the Act. §1710.29 The American National Red §1710.32 Time limits. §1710.27 Ass i n t a n c e Icy Federal Cross. Federal assistance provided under the agencies. The disaster relief capabilities of the Act shall terminate upon notice by the (a) Upon the declaration of a major American National Red Cross shall be Director to the Governor of the State or disaster, the Director or Regional Direc- utilized to the maximum extent in ac- upon the expiration of the time periods tor may direct any Federal agency, to cordance with the Memorandum of specified below from the date of the provide assistance to State and local Understanding between the Office of President's determination that a major governments,with or without reimburse- Emergency Preparedness and the Ameri- disaster exists,whichever is first, except ment to the Federal agency as pre- can National Red Cross. Nothing con- that under paragraphs (a) and (b) of scribed in the Act and as deemed ap- tained herein shall be construed to limit this section, the Regional Director may propriate by the Director or Regional or in any way effect the responsibilities extend the time a maximum of 3 addi- Director under the provisions of Federal of the American National Red Cross as tional months. Upon a showing of un- reimbursement regulations,Part 1709 of stated in Public Law 58-4 approved usual requirements, the Director may this chapter. January 5, 1905 (33 Stat. 599). extend these periods. (b) The Regional Director is au- --- ----- - - §1710.30 Private relief organizations. Federalthorize to coordinate all ing a of start completo Federal agencies in providing disaster The disaster relief capabilities of psi- ------- -.. __- assistance. vate organizations shall be utilized as (a) Emergency debris s months. (c) The Regional Director is author- Provided in Federal agreements of such clearance. organizations with the Office of Emer- (h) Other emergency smooths.-(moms ized to request that other Federal agen- easures. ties shall provide any reports or informa- gency Preparedness, or as authorized by (e) Relief and rend- a months_-1 year. - the Regional Director bid ration. tion relating to disaster assistance (d) Long term per- -_do IS months(The St deemed necessary. § 1710.31 Minimum Slate and local ex- =anent protects. glast tDDirector a" approved (d) Assistance to be furnished by any pendjwres• construction Federal agency under paragraph (a) of (a) Federal disaster assistance under schedule encom'.s• • this section shall be subject to the criteria the Act in any State will be available only wmuon deadline of eligibility provided for under this part after the Governor of that State certifies within these and such other instructions as may be that the total of State and local expendi- Failure to start a project within the spec- issued from time to time by the Director. tures and obligations (or resources Hied time limits may result in cancel- (e) Assistance under paragraph (a) utilized) by the government of each of this section,when directed by the Di- State,local government thereof,or other latlon of the project unless the late start rector or Regional Director, shall not agencies (over and above their normal is approved by the Regional Director.The affect the authority of any Federal agen- expenditures) for,disaster relief purposes Regional Director shall set lesser time cy to provide disaster relief assistance exceeds an amount published by the limits under paragraphs (a), (b), and C-6 1 (c) of this section if considered Subpart C—Disaster Planning (2) Be determined by the Director as appropriate. sufficiently comprehensive and adequate §1710.35 Grants for developing, im- to Justify improving, maintaining, and §1710.33 Grants to local governments proving, maintaining, and updating updating. suffering loss of property tax rove- State disaster plans, nue' up Subpart D—Reduction of Threat of (a) A Federal contribution to a (a) To obtain Federal assistance un- maximum of$250,000 for any one State, Major Disasters der section 241 of the Act, an applicant and not to exceed 50 percent of the cost §1710.36 Predisaster assistance. shall submit a project application of developing a plan and program, may a Governor, of equest through normal channels not later than be provided on the basis of the following: Upon the through the O rr Rs of Director, the 30 days after filing and certifying the (1) A State desiring assistance under Director direct use of Federal annual tax roll covering the disaster pe- this section shall designate or create an Director t r may a,agencies,instrumentalities,theFederal Hod. The Director or Regional Director agency which is qualified to plan, and deand other resources age of the Gov- - may accept a late application for process- administer or coordinate a program to ernment, to r c a State Federalr any local ov ing when properly justified by the combat and mitigate the effects of major applicant, disasters, and for relief and assistance government thereof and to use their (b) A Federal financial contribution to individuals,businesses, and local goy- available resources to avert or lessen the may be authorized only for the tax year ernments, suffering losses as a result of effects of a disaster which threatens to in which the disaster occurred and for a major disaster, become a major disaster. The Gover- each of the following 2 tax years.Grants (2) The Governor shall then,submit a nor's request shall specify the location will be approved on an annual basis for letter of application for assistance under and extent of the area that will be af- each of the 3 tax-year periods provided this part to the OEP Regional Director. fected; the conditions existing which that the applications for the second and Such application shall include the clearly indicate the imminent occurrence third years will reflect the current cer- following: of a major disaster and the assistance titled tax rolls. (i) Estimated total cost, required from the Federal Government. Normally such assistance will consist of (c) The Federal financial contribu- ODContribution requested from the mobilizing personnel, equipment and tion authorized for any tax year shall not Federal Government, supplies at the scene of an imminent dis- exceed the difference between the annual (iii) Work schedule or timetable, aster and of providing advice and guid- average of all property tax revenues re- (iv) Proposed staffing,including quail- ance to State and local authorities.This ceived by the local government during the fication standards for planning staff and authority shall not be used in substitu- 3 tax-year periods immediately preceding work that will be contracted. tion for existing authorities of any other the tax year in which the major disaster (v) Name of the State agency respon- Federal agency or for the authority con- occurred and the actual property tax sible under subparagraph (1) of this tained in section 205 of the Act. revenue received by the local government paragraph. for the tax year in which the disaster §1710.37 Fire suppression, occurred and for each of the 2 tax years (3) Within 1 year following the date the Regional Director approves the ap- Upon the request of a Governor or his following the major disaster: Provided, plication,the State agency shall submit a authorized representative, if one is That:If there has been a reduction in the plan which will: named in the Federal-State Agreement, tax rates or the tax assessment valuation (i) Set forth a comprehensive and de- through •the Regional Director, the Di- then for the purpose of determining the tailed State program for preparation rector may provide funds to assist a amount a grant under this part for the against, and relief following, a major State in the suppression of any fire on ye year or years when such reduction is in disaster including provisions for emer- publicly or privately owned forest or effect, the tax rates and tax assessment gency and long-term assistance to grass lands which threatens such de- valuation ionfactors of the local governmentin- struction as to constitute a major dis- in in effect at the time of the disaster with- dividuals, businesses, and local govern- aster. The Governor's request shall out reduction shall be used, in order to ments suffering losses as a result of a a specify the location of the fire, the con- determine the property tax revenues major disaster showing the role of state ditions existing which make the threat which would have been received by the and local governments in the coordina- imminent, and the assistance required local government but for such reduction. tion and execution of the program, in- from the Federal Government. (d) Advances may be made on the eluding maintenance of effective liaison estimated loss of revenue and and cooperation with appropriate chari- Effective date. This part shall take basis of the payment a such advances may nb made table organizations which provide food, effect the date of publication in the Fen- fshelter, and other disaster relief,and ERAL REGISTER(1-28-71). as of the date that tax revenues are dueappoint- and payable. (ii) Make provision for the Dated:January 22,1971. (e) Each year to be considered will meat of a State Coordinating Officer to act in cooperation with the Federal Co- G. A. LmcoLN, be treated as a separate project and the ordinating Officer required by section 201 Director, annual final payment for each year will of the Act. Office of Emergency Preparedness. be adjusted based on the actual loss ex- (b) A Federal contribution up to a [FR Doc.71-1177 Filed 1-27-71;8:48 am] perienced at.the close of such tax year. maximum of$25,000 per annum for any As a part of the Project Applications,ap- one State in an amount not to exceed plicants will be required to submit to the 50 percent of the cost for the purpose of - State a certification of the annual rev- Improving, maintaining, and updating enues received by the applicant duo- that State's disaster assistance plan,may be provided on the basis of an applica- Ing the 3 tax-year periods immediately tion similar to that required in pare- preceding the tax year in which the dis- graph (a) of this section. aster occurred. (c) To be eligible for Improving, §1710.34 Retroactive provisions. maintaining,and updating under para- graph (a)(2) of this section a State Sections 226(b), 237, 241, 252(a), and disaster assistance plan must: 254 of the Act take effect as of August 1, (1) Pave been developed in accord- 1969,and sections 231,232,and 233 take ance with the provisions of the Disaster effect as of April 1,1970. Act of 1969 or 1970; or C-7 FEDERAL REGISTER, VOL. 36, NO. 19—THURSDAY, JANUARY 28, 1971 (1330) • APPENDIX D Title 32A—NATIONAL DEFENSE casual or transient basis),Federal prop- ity for Federal financial assistance, and t erty or any interest in such property the term "application" means such an APPENDIX without consideration or at a nominal application, request,or plan. consideration,or at a consideration which Sec.3. Application of due regulation. is reduced for the purpose of assisting Chapter I—Office of Emergency the recipient, or in recognition of the No person in the United States shall,on Planning public interest to be served by such sale the ground of race, color, or national or lease to the recipient, and (5) any origin,be excluded from participation In, OEP REG. 5—CIVIL RIGHTS Federal agreement, arrangement, or be denied the benefits of, or be other- Nondiscrimination in Federally-As- other contract which has as one of its wise subjected to discrimination by those slated Pro rams of OEP—Effectua- purposes the provision of assistance. receiving assistance under the "Federal 9 (d) The term"program"includes any Disaster Assistance" program (Public tion of Title VI of the Civil Rights program,project,or activity for the pro- Law 81-875: 42 U.S.C. 1855-1855g), or Act of 1964 vision of services,financial aid, or other under the"Interim Emergency Manage- Sec. benefits to individuals (including edu- ment of Resources"program(section 103 i. Purpose. cation or training, health, welfare, re- of the National Security Act of 1947; 2. Definitions. habilitation, housing, or other services, Public Law 80-253, as amended; 50 3. Application of this regulation. whether provided through employees of U.S.C.404). 4. Further application of this regulation. the recipient of Federal financial assist- 5. Specific discriminatory actions pro- by others through eon- Sec. 4 Further application of this regu. Whited. once or provided lotion. 8. Life,health,and safety. tracts or other arrangements with the 7. Assurances required. recipient,and including work opportuni- Other programs under statutes here- 8. Elementary and secondary schools. ties and cash or loan or other assistance after enacted may be covered by this 9. Assurances from institutions. to individuals),or for the provision of fa- regulation after notice is published in the 10. Compliance Information. cilities for furnishing services, financial FEDERAL. REGISTER. This regulation ap- 11. Conduct of Investigations. aid or other benefits to individuals. The plies to any program for which Federal 12. Procedure for effecting compliance. financial assistance is authorized under a 13. Hearings. services, financial aid, or other benefits law administered by the Office of Emer- 14. Decisions and notices. provided under a program receiving Fed- gency Planning. It applies to money 15. Judicial review. eral financial assistance shall be deemed paid,property transferred,or other Fed- 18. Effect on other regulations; forms and to include any services, financial aid, or eral financial assistance extended under instructions. other benefits provided with the aid of any such program after the effective date Awrawurr The provisions of this reguia Federal financial assistance or with the of the regulation pursuant to an applica- tion are Issued under sec.602. 78 Stat.262. and the laws referred to in section 3. aid of any non-Federal funds,property, tion approved prior to such effective date. or other resources required to be ex- This regulation does not apply to (a) Section 1. Purpose. pended or made available for the pro- any Federal financial assistance by way The purpose of this regulation is to gram to meet matching requirements or of insurance or guaranty contracts, (b) effectuate the provisions of Title VI of other conditions which must be met in money paid, property transferred, or . -. the Civil Rights Act of 1964 (hereafter order to receive the Federal financial other assistance extended under any referred to as the"Act") to the end that assistance, and to include any services, such program before the effective date no person in the United States shall,on financial aid, or other benefits provided of this regulation, (c) any assistance to the ground of race, color, or nationalany Individual who is the ultimate bene- origin, be excluded from participation in or through a facility provided with in,be denied the benefits of,or be other- the aid of Federal financial assistance or flciary under any such program, or (d) wise subjected to discrimination under such non-Federal resources. any employment practice, under such any program or activity receiving Fed- (e) The term"facility"includes all or Program, of any employer, employment eral financial assistance from the Office any portion of structures,equipment,or agency, or labor organization. of Emergency Planning. other real or personal property or fic discriminatory actions ec 5. Specific inter- ests therein,and the provision of radii- Sec. prohibited. See.2. Definitions. ties includes the construction,expansion, pro As used in this regulation: renovation, remodeling, alteration or (a) A recipient under any program to (a) The term "responsible agency of- acquisition of facilities. which this regulation applies may not, ficial" with respect to any program re- (f) The term "recipient" means any directly or through contractual or other ceiving Federal financial assistance State, political subdivision of any State, arrangements,on ground of race,color,or means the Director of the Office of Emer- or instrumentality of any State or politi- national origin: gency Planning or other official of the cal subdivision, any public or private (1) Deny any individual any service, agency who by law or by delegation has agency, institution, or organization, or financial aid, or other benefit provided the principal responsibility within the other entity, or any individual, in any under the program; agency for the administration of the law State, to whom Federal financial assist- (2) Provide any service,financial aid, extending such assistance. ance is extended,directly or through an- or other benefit to an individual which (b) The term "United States" means other recipient,for any program,includ- is different, or is provided in a different the States of the United States.the Dis- ing any successor, assign, or transferee manner, from that provided to others trict of Columbia,Puerto Rico,the Virgin thereof, but such term does not include under the program; - Islands, American Samoa, Guam, Wake any ultimate beneficiary under any such (3) Subject an individual to segrega- Island, the Canal Zone, and the terra- Program. tion or separate treatment in any matter tories and possessions of the United (g) The term "primary recipient" related to his receipt of any service, fi- States,and the term "State" means any means any recipient which is authorized nancial aid, or other benefit under the one of the foregoing. or required to extend Federal financial program; (e) The term "Federal financial as- assistance to another recipient for the (4) Restrict an individual in any way sistance" includes (1) grants and loans Purpose of carrying out a program, in the enjoyment of any advantage or of Federal funds, (2) the grant or dona- (h) The term "applicant" means one privilege enjoyed by others receiving any Lion of Federal property and interests who submits an application, request, or service, financial aid, or other benefit in property,(3) the detail of Federal per- plan required to be approved by a under the program; sonnet, (4) the sale and lease of, and responsible agency official, or by a pri- (5) Treat an individual differently the permission to use (on other than a mary recipient,as a condition to eligibil- from others in determining whether he D-1 satisfies any admission, enrollment, Federal financial assistance is extended tion's practices in designated parts or quota, eligibility, membership or other or for another purpose involving the pro- Programs of the institution will in no requirement or condition which lndivid- vision of similar services or benefits. In way affect its practices in the program uals must meet in order to be provided the case of personal property the assur- of the institution for which Federal any service,financial aid,or other benefit ance shall obligate the recipient for the financial assistance is sought,or the ben- provided under the program; period during which he retains owner- eficiaries of or participants in such pro- (6) Deny an individual an opportunity ship or possession of the property. In gram. If in any such case the assistance to participate in the program through all other cases the assurance shall obit- sought is for the construction of a f a- the provision of services or otherwise or gate the recipient for the period during cility or part of a facility, the assurance afford him an opportunity to do so which which Federal financial assistance is ex- shall in any event extend to the entire Is different from that afforded others tended pursuant to the application. The facility and to facilities operated In con- under the program. responsible agency official shall specify nection therewith. (b) A recipient, In determining the the form of the foregoing assurances for Sec. 10. Compliance information. types of services, financial aid, or other each program, and the extent to which benefits, or facilities which will be pro- like assurances will be required of sub- (a) Cooperation and assistance. The vided under any such program, or the grantees, contractors and subcontrac- responsible official In the Office of Emer- class of individuals to whom, or the sit- tors, transferees, successors in interest, gency Planning shall to the fullest ex- nations in which,such services,financial and other participants In the program. tent practicable seek the cooperation of aid, other benefits, or facilities will be Any such assurance shall Include prod- recipients in obtaining compliance with provided under any such program,or the sions which give the United States a this regulation and shall provide assist- class of individuals to be afforded an op- right to seek its judicial enforcement. ance and guidance to recipients to help portunity to participate in any such pro- them comply voluntarily with this regu- gram,may not,directly or through con- Sec. 8. Elementary and secondary lation. tractual or other arrangements, utilize schools. (b) Compliance reports. Each re- criteria or methods of administration The requirements of section 7 with cipient shall keep such records and sub- which have the effect of subjecting in- respect to any elementary or secondary mit to the responsible agency official or dividuals to discrimination because of school or school system shall be deemed his designee timely, complete, and ac- their race, color, or national origin, or to be satisfied if such school or school curate compliance reports at such times, have the effect of defeating or substan- system (a) is subject to a final order of and in such form and containing such tially impairing accomplishment of the a court of the United States for the de- information, as the responsible agency objectives of the program as respect in- segregation of such school or school sy5- official or his designee may determine dividuals of a particular race, color, or tem, and provides an assurance that it to be necessary to enable him to ascer- national origin. will comply with such order, including tam whether the recipient has complied (c) As used In this section the services, any future modification of such order,or or is complying with this regulation. In financial aid, or other benefits provided (b) submits a plan for the desegregation the case of any program under which a under a program receiving Federal fi- of such school or school system which the primary recipient extends Federal flnan- nancial assistance shall be deemed to United States Commissioner of Educe- Dial assistance to any other recipient, include any service, financial aid, or ton determines is adequate to accom- such other recipient shall also submit other benefit provided in or through a plish the purpose of the Act and this such compliance reports to the primary facility provided with the aid of Federal regulation, and provides reasonable as- recipient as may be necessary to enable financial assistance. surance that it will carry out such plans; the primary recipient to carry out its (d) The enumeration of specific forms in any case of continuing Federal flnan- obligations under this regulation. of prohibited discrimination in this sec- dal assistance the responsible agency (c) Access to sources of information. Each recipient shall permit access by the tion does not limit the generality of the official may reserve the right to redeter- prohibition in section 4. mine,after such period as may be sped- responsible sal ousncy tress officiator hit designee P during normal d ousiness ts. to such of Sec. 6. Life, health, and safety. fled by him,the adequacy of the plan to its books, records, accounts, and other accomplish the purposes of the Act and sources of information,and its facilities Notwithstanding the provisions of sec- this regulation. In any case to which a as may be pertinent to ascertain compli- tion 5, a recipient of Federal financial final order of a court of the United States ance with this regulation. Where any assistance shall not be deemed to have for the desegregation of such school or Information required of a recipient is in failed to comply with section 3. If im- school system Is entered after submission the exclusive possession of any other mediate provision of a service or other of such a plan,such plan shall be revised agency, institution or person and this benefit to an individual is necessary ito. to conform to such final order,including agency, institution or person shall fail prevent his death or serious impairment any future modification of such order. or refuse to furnish this information,the so certify in its report and of his health or safety. See.9. Assurances from institutions. shall recipient shall setforthwhat efforts It has made to Sec. 7. Assurances required. (a) In the case of any application for obtain the information. Every application for Federal financial Federal financial assistance to an institu- (d) Information to beneficiaries and assistance to carry out a program to tion of higher education, the assurance Participants. Each recipient shall make which this regulation applies, and every required by section 7 shall extend to ad- available to participants, beneficiaries, • application for Federal financial assist- mission practices and to all other prac- and other interested persons such Imor- ance to provide a facility shall,as a con- tices relating to the treatment of mation regarding the provisions of this .dition to Its approval and the extension students. regulation and its applicability to the of any Federal financial assistance pur- (b) The assurances required with re- Program under which the recipient re- suant to the application, contain or be spect to an institution of higher educa- calves Federal financial assistance, and accompanied by an assurance that the tion, hospital, or any other institution, make such information available to them - program will be conducted or the facility insofar as the assurance relates to the In such manner, as the responsible operated in compliance with all require- institution's practices with respect to agency official finds necessary to apprise ments Imposed by or pursuant to this admission or other treatment of indi- such persons of the protection against regulation. In the case of an application viduals as students, patients, or clients discrimination assured them by the Act for Federal financial assistance to pro- of the institutions or to the opportunity and this regulation. vide real property or structures thereon, to participate in the provision of services Sec. 11. Conduct of inseminations. the assurance shall obligate the recip- or other benefits tdsuch individuals,shall lent, or. In the case of a subsequent be applicable to the entire institution (a) Periodic compliance reviews. The transfer, the transferee, for the period unless the applicant establishes, to the responsible agency official or his designee during which the real property or strut- satisfaction of the Director of the Office shall from time to time review the prat- tures are used for a purpose for which the of Emergency Planning that the institu- three of recipients to determine whether they are complying with this regulation. D-2 r (b) Complaints. Any person who be- to enforce any rights of the United States Sec.13. Hearings. Neves himself or any specific class of in- under any law of the United States (in- (a) Opportunity for hearing. When- dividuals to be subjected to discrimina- eluding other titles of the Act), or any ever an opportunity for a hearing is re- tion prohibited by this regulation may by assurance or other contractual under- quired by section 12(c), reasonable no- himself or fly a representative file with taking,and (2) any applicable proceed- tice shall be given by registered or cer- the National Headquarters or any Re- ing under State or local law. tined mail, return receipt requested, to gional Office of the Office of Emergency (b) Noncompliance with section 7. If the affected applicant or recipient. This Planning a written complaint. A corn- an applicant fails or refuses to furnish notice shall advise the applicant or re- plaint must be filed not later than 90 an assurance required under section 7 or cipient of the action proposed to be days from the date of the alleged dis- otherwise fails or refuses to comply with taken,the specific provision under which crimination, unless the time for filing a requirement imposed by or pursuant to the proposed action against It is to be is extended by the responsible agency that section Federal financial assistance taken, and the matters of fact or law official or his designee. may be refused in accordance with the asserted as the basis for this action,and (c) Investigations. The responsible procedures of paragraph (c) of this sec- either(1) fix a date not less than 20 days agency official or his designee will make tion. The agency shall not be required after the date of such notice within a prompt investigation whenever a tom- to provide assistance in such a ease dur- which the applicant or recipient may pliance review,report,complaint,or any ing the pendency of the administrative request of the responsible agency official other Information indicates a possible proceedings under such paragraph ex- that the matter be scheduled for hear- failure to comply with this regulation. cent that the agency shall continue as- ing or (2) advise the applicant or re- The investigation should include, where sistance during the pendency of such cipient that the matter in question has appropriate, a review of the pertinent proceedings where such assistance is due been set down for hearing at a stated practices and policies of the recipient, and payable pursuant to an application Place and time. The time and place so the circumstances under which the pos- thereof approved prior to the effective fixed shall be reasonable and shall be sible noncompliance with this regulation date of this regulation. subject to change for cause. The com- occurred,and other factors relevant to a (c) Termination of or refusal to grant plainant, if any, shall be advised of the determination as to whether the recipi- or to continue Federal financial assist- time and place of the hearing. An ag- ent has failed to comply with this ance. No order suspending,terminating plicant or recipient may waive a hear- regulation. or refusing to grant or continue Federal ing and submit written information and (d) Resolution of matters. (1) If financial assistance shall become effec- argument for the record. The failure an investigation pursuant to paragraph tive until (1) the responsible agency offi- of an applicant or recipient to request (c) of this section indicates a failure to cis] has advised the applicant or recap- a hearing under this subsection or to comply with this regulation,the respon- ient of his failure to comply and has appear at a hearing for which a date sible agency official or his designee will determined that compliance cannot be has been set shall be deemed to be a so inform the recipient and the matter secured by voluntary means, (2) there waiver of the right to a hearing under will be resolved by informal means when- has been an express finding on the rec- section 602 of the Act and section 12(c) ever possible. If It has been determined ord, after opportunity for hearing, of a of this regulation and consent to the that the matter cannot be resolved by failure by the applicant or recipient to making of a decision on the basis of such informal means, action will be taken as comply with a requirement imposed by information as is available. provided for in section 12. or pursuant to this regulation, (3) the (b) Time and place of hearing. Hear- (2) If an investigation does not war- action has been approved by the Director ings shall be held at the National Head- rant action pursuant to subparagraph of the Office of Emergency Planning quarters of the Office of Emergency (1) of this paragraph the responsible pursuant to section 14, and (4) the ex- Planning in Washington,D.C.,at a time agency official or his designee will so piration of 30 days after the Director has fixed by the responsible agency official inform the recipient and the complain- filed with the committee of the House and unless he determines that the conven- ant,if any,in writing. the committee of the Senate having legis- ience of the applicant or recipient or of (e) Intimidatory or retaliatory acts lative jurisdiction over the program in- the agency requires that another place prohibited. No recipient or other per- volved, a full written report of the cir- be selected. Hearings shall be held be- son shall intimidate, threaten, coerce, cumstances and the grounds for such fore the responsible agency official or, or discriminate against any individual action. Any action to suspend or ter- at his discretion, before a hearing ex- for the purpose of interfering with any minate or to refuse to grant or to con- aminer designated in accordance with right or privilege secured by section 601 tinue Federal financial assistance shall section 11 of the Administrative Pro- of the Act or this regulation,or because be limited to the particular political en- cedure Act. he has made a complaint, testified, as- tity.or part thereof, or other applicant (c) Right to counsel. In all proceed- sisted, or participated in any manner in or recipient as to whom such a finding ings under this section,the applicant or an investigation, proceeding, or hearing has been made and shall be limited in recipient and the agency shall have the under this regulation. The Identity of its effect to the particular program, or right to be represented by counsel. complainants shall be kept confidential part thereof, in which such noncompli- (d) Procedures, evidence, and record. except to the extent necessary to carry ance has been s0 found. (1) The hearing, decision, and any ad- out the purposes of this regulation, in- (d) Other means authorized by law. ministrative review thereof shall be eluding the conduct of any investigation, No action to effect compliance by any conducted in conformity rwocsth sections A hearing, or judicial proceeding arisingn ino the accordance with t Administrative such rules of Act, thereunder. other until authorized) tresponsible by law shall e be and a s are pro rules of pro- taken (1) the agency cedure as are proper (and not inconsis- Sec. 12. Procedure for effecting compli- official has determined that compliance tent with this section) relating to the since. cannot be secured by voluntary means, conduct of the hearing,giving of notices - (a) General. If there appears to be a (2) the action has been approved by subsequent to those provided for in failure or threatened failure to comply the Director of the Office of Emergency paragraph (a) of this section, taking of with this regulation,and if the noncom- Planning, (3) the recipient or other per- testimony, exhibits, arguments and pliant or threatened noncompliance son has been notified of its failure to briefs, requests for findings, and other cannot be corrected by informal means, comply and of the action to be taken related matters. Both the agency and compliance with this regulation may be to effect compliance,and(4) the expira- the applicant or recipient shall be en- effected by the suspension or termina- tion of at least 10 days from the mailing titled to introduce all relevant evidence tion of or refusal to grant or to continue of such notice to the recipient or other on the issues as stated in the notice for Federal financial assistance or by any Person. During this period of at least hearing or as determined by the officer other means authorized by law. Such 10 days additional efforts shall be made conducting the hearing at the outset other means may include, but are not to persuade the recipient or other person of or during the hearing. limited to, (1) a reference to the Depart- to comply with the regulation and to (2) Technical rules of evidence shall ment of Justice with a recommendation take such corrective action as may be not apply to hearings conducted pursu- that appropriate proceedings be brought appropriate. ant to this regulation, but rules or r D-3 principles designed to assure production ever a record is certified to the respon- heretofore issued by any officer of the of the most credible evidence available sible agency official for decision or he Office of Emergency Planning which im- and to subject testimony to test by cross- reviews the decision of a hearing exam- pose requirements designed to prohibit examination shall be applied where Iner pursuant to paragraph (a) of this any discrimination against Individuals reasonably necessary by the officer con- section, or whenever he conducts the on the ground of race,color,or national ducting the hearing. The hearing ofii- hearing, the applicant or recipient shall origin under any program to which this cer may exclude irrelevant, immaterial, be given reasonable opportunity to file regulation applies, and which authorize or unduly repetitions evidence. All with him briefs or other written state- the suspension or termination of or re- documents and other evidence offered ments of its contentions, and a copy of fusal to grant or to continue Federal fi- or taken for the record shall be open to his final decision shall be given in writing nancial assistance to any applicant for examination by the parties and oppor- to the applicant or recipient and to the or recipient of such assistance under tunity shall be given to refute facts and complainant,if any. such program for failure to comply with arguments advanced on either side of (c) Decisions on record where a hear- such requirements, are hereby super • - the issues. A transcript shall be made ing is waived. Whenever a hearing is seded to the extent that such discrimi- of the oral evidence except to the ex- waived pursuant to section 13(a) a deci- nation is prohibited by this regulation, tent the substance thereof is stipulated sion shall be made by the responsible except that nothing in this regulation for the record. All decisions shall be agency official on the record and a copy shall be deemed to relieve any person based upon the hearing record and writ- of such decision shall be given in writing of any obligation assumed or imposed ten findings shall be made. to the applicant or recipient, and to the under any such superseded regulation, (e) Consolidated or joint hearings, complainant,if any. order,instruction, or like direction prior In cases in which the same or related (d) Rulings required. Each decision to the effective date of this regulation. fact,s are asserted to constitute noncom- of a hearing officer or responsible agency Nothing in this regulation, however, pliance with this regulation with respect official shall set forth his ruling on each shall be deemed to supersede Executive to two or more programs to which this finding, conclusion, or exception pre- Orders 10925 and 11114 (including future regulation applies, or noncompliance sented, and shall identify the require- amendments thereof) and regulations with this regulation and the regulations ment or requirements imposed by or pur- issued thereunder, or any other regula- of one or more other Federal depart- suant to this regulation with which it is tions or instructions,insofar as such reg- ments or agencies issued under Title VI found that the applicant or recipient has ulations or instructions prohibit discrim- of the Act, the Director of the Office of failed to comply. , ination on the ground of race, color, or Emergency Planning may,by agreement (e) Approval by Director. Any final national origin in any program or situ- with such other departments or agencies decision of a responsible agency official ation to which this regulation is Map- where applicable,provide for the conduct (other than the Director of the agency) plicable, or prohibit discrimination on of consolidated or joint hearings, and which provides for the suspension or ter- any other ground. for the application to such hearings of mination of, or the refusal to grant or (b) Forms and instructions. Each rules of procedures not inconsistent with continue Federal financial assistance.or responsible agency official shall issue this regulation. Final decisions in such the imposition of any other sanction and promptly make available to inter- cases, insofar as this regulation is con- available under this regulation or the ested persons forms and detailed in- terned,shall be made in accordance with Act,shall promptly be transmitted to the situations and procedures for effectuat- section 14. Director of the office of Emergency ing this regulation as applied to programs Sec.14. Decisions and notices. Planning who may approve such deci- to which this regulation applies and for sion,may vacate it,or remit or mitigate which he is responsible. (a) Decision by person other than the any sanction imposed. (c) Supervision t and foEmtrgency ing is ld abygency cn If the hear- Cynpov of orders. Tn o deer- la Director of the times of time assign ing i g held m a hearing examiner such sion may of,provide for suspension to grant or ter- Planning may from time to assign hearing examiner shall either make an mination of,or refusal to grant or con- initial decision, if so authorized, or cer- , officials of other departments with hs or Fume Federal part,a nder assistance,ogra in set of the departments ano the iffy the entire record including his rep- whole or in under the program In- consent of such connection or agencies, ommended responsible and proposed deci- conditions, and may contain such terms,are responsibilities in cpurposesn with the sion to l the ion, n a agency official chnifor consistent, h and will are effectuation of the purposes of title VI a final decision,and ti copy of such initial ose with and this effectuate the to decision or orcertification ca shall be ere mailed din of the Act and gn to assure of the Act and this regulation iec (other the applicant or recipient. Where the including provisions designed to assure than responsibility ieio for final decision as initial decision is made by the hearing that no Federal financial assistance will provided in section 14), including the examiner the applicant or recipient may thereafter be extended under such pro- achievement of effective coordination within 30 days of the mailing of such no- gram to the applicant or recipient deter- and maximum uniformity within the tide of initial decision file with the re- mined by such decision to be in default agency and within the Executive Branch sponsible agency official his exceptions to in its performance of an assurance given of the Government in the application of the initial decision, with his reasons by it pursuant to this regulation, or to title VI and this regulation to similar therefor. In the absence of exceptions, have otherwise failed to comply with this programs and in similar situations. the responsible agency official may on his regulation, unless and until it corrects own motion within 45 days after the MI- its noncompliance and satisfies the Di- Effective date. This regulation shall tial decision serve on the applicant or rector of the Office of Emergency Plan- become effective on the thirtieth day recipient a notice that he will review the ning that it will fully comply with this following the date of its publication in decision. Upon the filing of such excep- regulation. the FEDERAL Reosxsa. tions or of such notice of review the re- See 15. Judicial review. sponsible agency official shall review theDated:December 30,1964. initial decision and issue his own decision Action taken pursuant to section 602 thereon including the reasons therefor. of the Act is subject to judicial review EDWARD A.MCDERMOTT, In the absence of either exceptions or a as provided in section 603 of the Act. Director, notice of review the initial decision shall See. 16. Effect on other regulations; Office of Emergency Planning. ,onstitute the final decision of the re- forms and instructions. Approved: Janus 7, 1965. ponsible agency official. t1' (b) Decisions on record or review by (a) Effect on other regulations. All 're responsible agency official. When- regulations, orders, or like directions LYNDON B.JOHNSON. IP.R. Doc. 05-307; Plied, Jan. 8, 1965; 9:50 a.m.] Reprinted from the FEDERAL REGISTER of January 9, 1965 (30 F.R.. 321) D-4 ;+«;; * * OFFICE OF * * APPENDIX E PROJECT APPLICATION OEP225 DR 1 EMERGENCY SUPPLEMENTAL FEDERAL FINANCIAL ASSISTANCE (tinder Public Law 606, 91st Congress) PREPAREDNESS EXECUTIVE OFFICE OF THE PRESIDENT Before Completing this Application, STATE PROJECT NO. 1 See Instructions (OEP Circular 4000.5C) (State to enter) - Date of President's Major Disaster Declaration .Tannary 71 1969 General Information: (To be completed by applicant) a. State of Montana County of Crow b. Applicant: city of Bighorn Address: 117 Hardin Avenue, Bighorn, Montana c. Is applicant other than a State, county, city, village, or township? No . If so, attach information to this application in accordance with Section VI.A.2.g. of OEP Circular 4000.5C. d. Official representative of the applicant: (Named in Exhibit "A") Name: William A. Custer Title: City Manager Address: 117 Hardin Avenue Phone: 4O6-724-8618 e. Basic Categories of Work (Categories listed on Exhibit '.B"): As C-1, C-2 f. Type of disaster: Flood (flood, fire, hurricane, earthquake, storm, etc.) Damage Occurring on or about: January 14-17. 1969 (Date) 2. Financial Information: (To be completed by applicant) a. Estimated costs of this disaster to be paid by applicant: $3O_OOO (Not including requested Federal assistance) b. Total Federal financial assistance requested in this application (from Exhibit "B")• $135, 326.00 3. Summary: (To be completed by OEP) a. Received in OEP Regional Office 6 on April 5, 1969 (number) (date) b. Amount requested by applicant $ 135, 326.00 c. Amount approved by State $ 135.236.00 d. Amount approved by OEP $ 135, 236.00 - .- , . . i a _ . - - , _ _ , , . wee- -- , . , _ , . . i . , . Al Form OEP 152 Page 1 of 6 February 1971 E-1 4, (To be completed by applicant) THE APPLICANT HEREINBELOW DESIGNATED makes application to the GOVERNOR OF THE STATE for the sum stated in paragraph 2,h of this application to cover estimated Federal costs of the work described in EXHIBIT "B" attached to this application. These funds are to be paid from the Federal Disaster Fund made available under the provisions of the Federal Disaster Act (Public Law 606, 91st Congress), by order of the President of the United States of America, and to be spent in conformance with the Federal-State Disaster Assistance Agreement between the United States of America and the State. ASSURANCE AND AGREEMENTS A. The applicant certifies that the disaster relief work herein described for which Federal financial assistance is requested hereunder, has been determined necessary and essential in accordance with the criteria contained in Part 1710, Code of Federal Regulations. B. The applicant is the legal entity responsible under law for the per- formance of the work herein detailed or accepts such responsibility, C. The applicant certifies that the disaster relief work herein described for which Federal assistance is requested hereunder does not or will not duplicate benefits received for the same loss from another source. D. The applicant represents that to the best of its knowledge and belief this Project Application meets all of the requirements and conditions of the Federal-State Disaster Assistance Agreement, E. The applicant certifies that all information given by it herein is, to the best of its knowledge and belief, true and correct, F. The applicant agrees to (1) provide without cost to the United States all lands, easements, and rights-of-way necessary for accomplishment of the approved work; and (2) hold and save the United States free from damages due to the approved work. As the duly authorized representative designated by the City Council (Governing Body) of Bighorn. Montana , as attested by a certified copy of (Applicant) the instrument attached as EXHIBIT "A" hereto authorizing this application, I have caused to be drawn and herewith submit this application for disaster assistance, agreeing that all parts and provisions of this instrument shall be binding upon the use and/or expenditure of any funds allocated, WITNESS: SIGNED: James P. Clark William A. Custer Title: City Clerk City Manager Applicant's authorized Representative Date: March 3, 1969 Form MEP 152 February 1971 Page 2 of 6 E-2 5. (To be completed by State) I, Samuel P. Barry , GOVERNOR (or State Coordinating Officer) OF'THE STATE OF Montana having reviewed this application submitted by the local government instrumentality herein designated, and having found it eligible for approval on the basis of the attached report marked EXHIBIT "C", do hereby approve the said application in the amount of $ 135, 236.00 , and do further recommend approval by the Office of Emergency Preparedness in the amount stated, for the purposes and amounts applicable to such purposes as set forth in the Exhibits attached hereto, and certify that all financial assistance received under this application will be, or has been, expended in accordance with applicable law and regulations thereunder. Date: March 29, 1969 /s/ Samuel P. Barry GOVERNOR (or State Coordinating Officer) 6, (To be completed by OEP) OEP Project No, 225-DR-1 STATE of Montana is hereby approved in accordance with the provisions and conditions attached hereto; and disbursement of Federal funds is authorized in an amount not to exceed $ 135, 236.00 for this project in accordance with the Federal Disaster Act (Public Law 606, 91st Congress) and the Federal-State Disaster Assistance Agreement entered into on the 26th day of January , 19 A9 , by the United States Government and the State. Date:April 10, 1969 /s/ fnnal n FAray Regional Director, Region 6 Office of Emergency Preparedness Form()FP 12 Page 3 of February 1971 E-3 EXHIBIT "A" RESOLUTION Attachment for Application No. 1 BE IT RESOLVED BY City Council OF Bighorn. Montana (Governing Body) (Public Entity) THAT William A. Custer , City Manager (Name of Incumbent) (Official Position) be and he is hereby authorized to execute for and in behalf of Bighorn, Montana , a public entity established under the laws of the State of Montana , this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Federal Disaster Act (Public Law 606, 91st Congress). Passed and approved this3rd day of February , 1969 . Ronald T. Brooks, Councilman Name and Title James L. Ward. Connellman Name and Title Frank O. .Tnnes Cnnnrilman Name and Title CERTIFICATION ', James P. Clark , duly appointed and City Clerk (Title) of Bighorn, Montana , do hereby certify that the above is a true and correct copy of a resolution passed and approved by the City Council OF Bighorn. Montana on the (Governing Body) (Public Entity) 3rd day of February , 19gq (Date (Month) Date: February 4. 1969 City Clerk James P. Clark (Official Position) (Signature) NOTE: If the applicant is a State agency, a letter from the agency head designating his authorized representative should be inserted in lieu of this EXHIBIT "A") Form OEP 152 Page 4 of 6 February 1971 E-4 EXHIBIT "B" DETAILED PROJECT ANALYSIS APPLICANTBighorn, Montana Local Project No, 1 Attached hereto, as identified below, are detailed descriptions of the items of work to be performed by the Applicant, and estimated costs (to the nearest dollar) for each item of work for which Federal financial assistance is requested. • A separate attachment is included for each of the basic categories of work for which assistance is requested. The applicant will complete the following form only for those categories for which Federal assistance is requested. Applicant's Category of Work Request OEP Approval Emergency Work A. Debris Clearance $ 806.00 806.00 B. Emergency Protective Measures -0- -0- C-1 Street, Road, and Highway Facilities 2.680.00 2. 590 00 D-1 Dikes, Levees, Irrigation Works, and Drainage Facilities -0- -0- E-1 Public Buildings and Related Equipment -0- -0- r� F-1 Publicly-owned Utilities -0- -0- TOTAL EMERGENCY WORK $3, 486.00 $3, 396 O0 Permanent Restoration C-2 Street, Road, and Highway Facilities 131,840.00 131,840.00 D-2 Dikes, Levees, Irrigation Works, and Drainage Facilities -0- -0- E-2 Public Buildings and Related Equipment -0- -0- F-2 Publicly-owned Utilities -0- -0- G Public Facilities Under Construction (Amount requested is 50% of estimated eligible costs) -0- -0- TOTAL PERMANENT WORK $131,840.00 $131,840.00 GRAND TOTAT. $135, 326.00 $135, 236.00 William A. Custer, City Manager Signature of Applicant's Authorized Representative Form OEP 152 Page 5 of 0February 1971 E-5 EXHIBIT "D" ASSURANCE OF COMPLIANCE WITH OFFICE OF EMERGENCY PREPAREDNESS REGULATION 5 UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 OEP Project No. 225-DR-1 Local Project No. 1 City of &inborn. Montana (hereinafter called the "Applicant") (Name of Applicant) HEREBY AGREES THAT it will comply with title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to Regula- tion 5 of the Office of Emergency Preparedness (30 F.R. 321) issued pursuant to that title, to the end that, in accordance with title VI of that Act. and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant received Federal financial assistance from the Agency; and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Agency, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal finan- cial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Applicant for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by the Agency. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, reimbursements, advances, con- tracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Agency. The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, and assignees, and the person or persons whose signatures appear- below are authorized to sign this assurance on behalf of the Applicant, Dated March 3. 1969 City of Bicrhorn, Montana (Applicant) By William A. Custer (Signature of Applicant's Authorized Representative) Form OEP 1,2 February 167i Page 6 of 6 E-6 iJ • OFEICE OF- 1 of 1 yj-6,�Z•�i�`(J• .— EMERGENCY DAMAGE SURVEY REPORT a �aorTHE PREPAREDNESS (Under Public Law 606, 91st Congress) I. APPLICANT (State Agency.County,City, Irrigation DlatricI.etc.) 2.DISASTER DECLARATION DATE City of Bighorn 1-21-69 3. STATE 1. COUNTY S. INSPECTION DATE Montana Crow 1-25-69 6. WORK CATEGORY (SF.E DEFINITIONS) 7. MAP OR PHOTO REFERENCE NO. a.EMERGENCY EA O B O C.I O D.1 O E-I O F-I c.ITEM NO. City S.WORK TORE ACCOMPLISHED BY: a b.PERMANENT O C-2 O D-2 ❑ E-2 ❑ F-1 O G 1 Li..ConH.ct O b. «ce 9. LOCATION AND DESCRIPTION OF DAMAGED FACILITIES Account 10. PERCENTAGE OF WORK Crockett Avenue from Bowie to River Streets, COMPLETED TO DATE Approximately 0.7 mi, Street and open areas 10% 11.DESCRIPTION OF DAMAGE Wreckage, debris and mud covering open areas, estimated 200 yards in width and .7 mile long. Quantity of wreckage, debris and mud to be _moved exceeds 600 tons. 12. PROPOSED WORK Remove wreckage, debris and mud by equipment and haul to dump. 13. SUMMARY OF ESTIMATE QUANTITY UNIT MATERIAL AND/OR DESCRIPTION UNIT PRICE COST ^ d. .. 40 hrs. Dump Truck, 6 cy 3.90 156.00 20 hrs. Front Loader, 2 cy 8.50 170.00 80 hrs. Labor 3.00 240.00 60 hrs. Equipment Operator 4.00 240.00 TOTAL ESTIMATED COST 806.00 14.INSURANCE COVERAGE YES ®NO AMOUNT IS. RECOMMENDATION 6.INELIGIBLE C. FEDERAL INSPECTOR (Signature Si Agency Name) d.DATE ®a.ELIGIBLE O (E.Pl.in separately) Tom Frontsight Corps of Engineers 1-25-69 16.CONCURRENCES c. STATE INSPECTOR(Signature) d.AGENCY OR OFFICE e.DATE ®a. YES ❑b.ND Walter Weir State Water Resources Com_ . 1-25-69 ❑ c. REPRESENTATIVE OF APPLICANT(Signature) d.DATE h a. YES 11 b.NO Bill Benchmark, City Engineer 1-25-69 -- Form CEP 164 INSTRUCTIONS FOR COMPLETING THIS FORM ARE CONTAINED IN MANUAL February 1971 FOR FEDERAL OFFICIALS,OEP CIRCULAR 4000.68 COPY NO. 1 -OEP COPY E-7 1 of 1 `-- ••OFFICE OF•• EMERGENCY E DAMAGE SURVEY REPORT PREPREEDNSS (Under Public Law 606, 91st Congress) a'ac�Vace, I. APPLICANT (State Agency.County,City. Irrigation District.etc.) 2.DISASTER DECLARATION DATE City of Bighorn 1-21-69 3. STATE 4. COUNTY 5. INSPECTION DATE Montana Crow 1—26-69 6. WORK CATEGORY (SEE DEFINITIONS) 1. MAP OR PHOTO REFERENCE NO. a.EMERGENCY 0 A 0 B ®C-t 0 D-1 O E-1 O F-1 c.ITEM NO. City E.WORK TORE ACCOMPLISHED BY: b.PERMANENT O C-2 ❑ 0.2 O E-2 0 F.2 O G 1 a.Contract Ej b•Account 9.LOCATION AND DESCRIPTION OF DAMAGED FACILITIES . Bridge over Bighorn River on State Street. Warren 10. PERCENTAGE OF WORK 9 g COMPLETED TO DATE trutdsstkel thru truss 140' single span 22' wide 0 II.DESCRIPTION OF DAMAGE Bridge washed away from abutment seats, truss bent and twisted and of salvage value only. 12. PROPOSED WORK No detour feasible and traffic must be restored, pending permanent restoration. Construct temporary low-level bypass over metal pipe culverts, 50' upstream of site. 13. SUMMARY OF ESTIMATE QUANTITY UNIT MATERIAL AND/OR DESCRIPTION UNIT PRICE COST .. b. e. a. a. 120 LF 3-40' sections, 3011 CMP $15.00 $1,800 500 yd.3 Borrow fill 0.50 250 150 yd.3 Agg base course 3.00 450 450 gal. Liquid Bit. Material 0.20 90 TOTAL ESTIMATED COST $2, 590 14.INSURANCE COVERAGE El YES ®NO AMOUNT IS. RECOMMENDATION b.INELIGIBLE c. FEDERAL INSPECTOR (Signature&Agency Name) d.DATE Di•.ELIGIBLE O (Explain Sep...t.I') Mike Macadam, FHWA 1-26-69 16.CONCURRENCES c.STATE INSPECTOR(Signature) d.AGENCY OR OFFICE c.DATE j.. YES b. NO Bill Bulldozer State Roads Comm. 1-26-69 c. REPRESENTATIVE OF APPLICANT(Signature) 'd.DATE O a. YES ip O.NO Bill Benchmark, City Engineer 1-26-69 Form OEP 164 INSTRUCTIONS FOR COMPLETING THIS FORM ARE CONTAINED IN MANUAL February 1971 FOR FEDERAL OFFICIALS,OEP CIRCULAR♦000.6B COPY NO. I OEP COPY E—B `-- OFFICE DP.. 1 of 1 EMERGENCY AEDESS DAMAGE SURVEY REPORT EXECUTIVE a AOF MR PRESIDENT (Tinder Public Law 606, 91st Congress) I, APPLICANT (State Agency.County,City, Irrigation Di,Hicl,etc.) 2.DISASTER DECLARATION DATE City of Bighorn 1-21-69 3, STATE 4. COUNTY S. INSPECTION DATE Montana Crow 3-1-69 6. WORK CATEGORY (SEE DEFINITIONS) 7. MAP OR PHOTO REFERENCE NO. a.EMERGENCY 0 A 0 B ❑C-I 0 D-1 O E-1 O F-I C.ITEM NO, S.WORK TO BE ACCOMPLISHED BY: b.PERMANENT ®C-2 00-2 O E-2 O F-2 0 G 1—B Force® •.Contract 9b.Account ft 9. LOCATION AND DESCRIPTION OF DAMAGED FACILITIES Bridge over Bighorn River on State Street; Warren 10. PERCENTAGE OF WORK COMPLETED TO DATE tdggf steel thru truss 140' single span 22 ' wide wooc 0 II.DESCRIPTION OF DAMAGE Bridge washed away from abutment seats, truss bent and twisted and of salvage value only. 12. PROPOSED WORE Construct permanent replacement bridge, 160' steel beam superstructure on concrete piers 28' width concrete deck, loading HS 20-44 Montana State Specifications and Standards 13. SUMMARY OF ESTIMATE QUANTITY UNIT MATERIAL AND/OR DESCRIPTION UNIT PRICE COST - a. e. e. d. _ e. Estimated cost of proposed bridge, as per attached plans, specifications, cost estimate and construc- tion schedule $125,000 Less: Salvage value of former steel truss 5,000 Salvage value of 30" CMP installed under Category C-1 (50%) 700 1. I finc that the proposed bridge does not exceed the prediEaster design except as necessary to meet current Department of Highways 1971 standards and specifications for this road system and flood proof- ing authorized by Part 1710, CFR, namely an increase to 2-12' lanes instead of 2-9' lanes, H-20 loading instead of H-10 and a 2' rise in elevation and 20' increase in span. 2. This is a supplement to item C-1 Item l of the same applicant. TOTAL ESTIMATED COST $119, 300 14.INSURANCE COVERAGE ❑YES © NO AMOUNT IS. RECOMMENDATION I� 6. INELIGIBLE c.FEDERAL INSPECTOR (Signature!Agency Name) d.DATE 1p)a.ELIGIBLE (Explain Separately) Mike Macadam, FHWA 3-1-69 16.CONCURRENCES c.STATE INSPECTOR(Signature) d.AGENCY OR OFFICE e.DATE ®a. YEE Lib. "O Bill Bulldozer State Roads Comm. 3-1-69 c.REPRESENTATIVE OF APPLICANT(Signature) J. DATE '141. YES O b.No Bill Benchmark, City Engineer 3-1-69 -] Form OEP 164 INSTRUCTIONS FOR COMPI.ETING THIS FORM ARE CONTAINED IN MANUAL February 1971 FOR FEDERAL OFFICIALS,OEP CIRCULAR 1000.68 COPY NO. 1 - OEP COPY E-9 ••OFFICE OF•- 'tEMERSErBrBr DAMAGE SURVEY REPORT PREPAREDNESS (Tinder Public Law 606, 91st Congress) uaeunye w m.e enaaea..r . I. APPLICANT (State Agency.County.City,Irrigation District. etc.) 2.DISASTER DECLARATION DATE City of Bighorn 1-21-69 3. STATE 4. COUNTY 5. INSPECTION DATE Montana Crow 2-1-69 6. WORK CATEGORY (SEE DEFINITIONS) 7. MAP OR PHOTO REFERENCE NO. a.EMERGENCY 0 A ❑ B ❑C-I 0 0.1 O E-I O F-I c.ITEM NO. B. City TO BE ACCOMPLISHED BY: b.PERMANENT 9 C-2 ❑ 0.2 O E-2 O F-2 O G Fw a.Contract ClYe b.Account 9. LOCATION AND DESCRIPTION OF DAMAGED FACILITIES Bridge over Bighorn 10. PERCENTAGE OF WORK River on Crockett Ave. , warren type, steel thru truss COMPLETED TO DATE 180' triple span, 16' wide wood deck. 0 II.DESCRIPTION OF DAMAGE South span washed off abutment seats, truss bent and twisted and of salvage value only. (20'x30' section of south approach washed out, average depth 2' ) Middle and north spans sustained no damage. 12. PROPOSED WORK construct replacement tor south span on existing abutments. deck width to remain 16' to match up to undamaged sections. Proposed span to be constructed using standard Montana bridge design since that will provide the lowest cost replacement. No emergency work will be done. Traffic will be routed, over temporary crossing at State Street. 13.SUMMARY OF ESTIMATE QUANTITY UNIT MATERIAL AND/OR DESCRIPTION UNIT PRICE COST .. b. a. 960 sq. ft. Standard MS-2 Bridge on existinc south pier and abutment. 15.00 $14,400 100 c.y. Borrow fill 0.50 50 25 cry. Agg. Base Mat. 3.00 75 75 gal. Liquid Bit Material 0.20 15 _ Total 14,540 Less Salvage value of former steel truss 2,000 TOTAL ESTIMATED COST $12,540 14.INSURANCE COVERAGE DYES 9 NO AMOUNT 4 IS. RECOMMENDATION c. FEDERAL INSPECTOR (Signature!Agency Name) d.DATE ®..ELIGIBLE b. INELIGIBLE (Explain Separately) Mike Macadam, FHWA 2-1-69 16.CONCURRENCES c.STATE INSPECTOR(Signature) d.AGENCY OR OFFICE e.DATE N.. YES b. No Bill Bulldozer State Roads Comm_ 2-1-69 c.REPRESENTATIVE OF APPLICANT(6iynatme) d. DATE 11.. YES b.NO Bill Benchmark, City Engineer 2-1-69 Porm OEP 164 INSTRUCTIONS FOR COMPLETING THIS FORM ARE CONTAINED IN MANUAL February 1901 FOR FEDERAL OFFICIALS.OEP CIRCULAR 4000.68 COPY NO. I - OEP COPY E-10 tee, riN Sheet 7 of Sheets /y. ••OFFICE OF•. REPORT OF EMERGENCY FINAL COMPLETED WORK INSPECTION PREPAREDNESS e.es,,.oc cents or Tr.e saes... (Under Public Law 606, 91st Congress) DISTRIBUTION -Send two completed copies to OEP regional office rind one completed copy to State TO: PROM (Agency end/or Bureau and Location) OFFICE OFEMERGENCY PREPAREDNESS U. S. Army Engineer District, Omaha - 6 215 N. 17th Street REGION Omaha, Nebraska I.APPLICANT 2.DATE OF THIS REPORT City of Bighorn, Montana 2-10-69 3. PROJECT APPLICATION NO. N.DATE OF INITIAL DAMAGE 5.ORIGINAL ESTIMATED COST 6.WORK ACCOMPLISHED BY ® b. Force unt 1.INSPECTION MADE BY (Nemec and titles of inspecting officials) S.a.DATEOF FINAL INSPECTION 2-8-69 Tom Frontsight, Civil Engineer, Corps of Engineers b.IS ACTIVITY IN OPERATION? Walter Weir, State Water Resources Commission ®YES O N 9.WORK CATEGORY AND ITEM NO.(9). (Identify individuel items of work per category which have been completed in accordance with the approved project application and the completion date for each.) A-1 January 28, 1969 10.REMARKS (Explain all deviations or omissions from approved work. Use additional sheets if necessary) None CERTIFICATION THE ABOVE N S SEEN_ INSPECTED AND CITEM(S)rs THE PROJECT APPLICATION H ERTIP CATION IS HEREBY MADE THAT THE WORK HAS EEN COMPLETED AS APPROVED VISUALLY THEREIN,EXCEPT AS NOTED ABOVE. STATE INSPECTING OFFICIAL (Signature and tills) DATE Walter Weir State Water Resources Commission 2-8-69 LOCAL INSPECTING OFFICIAL(Signature and title) DATE Bill Benchmark City Engineer 2-8-69 FEDERAL AGENCY CONCURRENCE REVIEWING OFFICIAL (Signeture) TITLE Joe Clements Chief, Operations Div. Omaha District CAME OF AGENCY(IF FEDERAL INSPECTOR NOT PRESENT DURING FINAL INSPECTION PLEASE EXPLAIN) DATE Corps of Engineers 2-10=69 Form OEP 165 E-11 �� February 1911 r— Sheet 1 of 1 Sheets --OFFICE DF-- REPORT OF EMERGENCY FINAL COMPLETED WORK INSPECTION_ PREPAREDNESS Ex..------....— (Under Public Law 606, 91st Congress) DISTRIBUTION -Send two completed copies to OEP regional office and one completed copy to State TO: PROM (Agency and/or Bureau and Location) OFFICE OF EMERGENCY PREPAREDNESS REGION 6 Federal Highway Administration I.APPLICANT 2.DATE OF THIS REPORT City of Bighorn, Montana 7-14-70 3. PROJECT APPLICATION NO. 4.DATE OP INITIAL DAMAGE 5.ORIGINAL ESTIMATED COST 6.WORK ACCOMPLISHED BY OEP-225 OR-1 12n1169 to 3-1-69 $134,430 ®a.contract ® b.Force wE 7.INSPECTION MADE BY (Nemec and titles of inspecting officiate) 8.a.DATA OF FINAL INSPECTION Mike Macadam FHWA Bill Benchmark City 7-12-70 Bill Bulldozer State Roads Comm. Engineer b.IS ACTIVITY IN OPERATION? ®YES O N 9,WORK CATEGORY AND ITEM NO.(8). (Identify individual hems of work pee category which have been completed In accordance with the approved project application and the completion date for eaeh.) C-1-1 February 7, 1969 C-2- 1S July 2, 1970 10.REMARKS (Explain all dealatlons w omiaeiona from approved work. Ilse dditional sheets H neceaevy) C-2-2 - City decided not to make repairs to Crockett Avenue Bridge since it would still not carry traffic safely due to its width and overall condition. The State Street Bridge is only 3 blocks away and can safely handle all traffic in the foreseeable future. If the Crockett Avenue Bridge were to be used it would require extensive work on the undamaged spans. CERTIFICATION THE ABOVE ITEMS)IN THE PROJECT APPLICATION FOR THE CATEGORY OF WORK SHOWN HAS BEEN VISUALLY 111 INSPECTED AND CERTIFICATION IS HEREBY MADE THAT THE WORK HAS BEEN COMPLETED AS APPROVED THEREIN,EXCEPT AS NOTED ABOVE. STATE INSPECTING OFFICIAL (Signature and title) DATE Bill Bulldozer State Roads Comm. 7-12-70 LOCAL INSPECTING OFFICIAL(Signature and title) DATE Bill Benchmark City Engineer 7-12-70 FEDERAL AGENCY CONCURRENCE REVIEWING OFFICIAL (Signe..ure) TITLE J. P. Gravel Division Engineer SAME OF AGENCY(IF FEDERAL INSPECTOR NOT PRESENT DURING FINAL IFSPECTION PLEASE EXPLAIN) DATE Federal Highway Administration 7-14-70 Form OUP 165 E-12 Fearneey 1971 /1 SUMMARY OF DOCUMENTATION Page No.1 of 2 IN SUPPORT OF AMOUNT CLAIMED FROM THE OFFICE OF EMERGENCY PREPAREDNESS FOR ELIGIBLE DISASTER WORK OEP 1 Project Application No. APPLICANT City of Bighorn, Montana State DOCUMENTATION AMOUNT Applicant's Delivery date List documentation(Applicant's payroll.material out of Line item in Applicant's Reference No, of articles or applicant's stock,applicant owned equipment and name Approved Elleip le • (Wean, performance of vendor or contractor)by category and line item In the Project Voucher, of service* approved project application and give a brief description Application Cost Claim,or of the articles or services Schedule No.) Dollars Dollars Cents BC - Bridge Fund Claim SR - Special Road Fund Claim SCH - Schedule Category A - Debris Clearance Line Item No. 1. Crockett Ave SCH - 1 1-22 to Payroll - 58 hrs @ 4.00/hr. 232 00 2-4-69 75 hrs @ 3.00/hr. 225 00 SCH - 2 1-22 to Applicant-owned equipment - 6 c.y. 2-4-69 Dump Truck - 37 hrs Cal 3.90/hr. 144 30 2 c.y. Front Loader - 21 hrs @ 8.50/hr. 178 50 806 779 80 Category C-1 - Emergency Repair of Streets, Roads and Highway Facilities Line Item No. 1. State Street Bridge SCH - 1 1-22 to Payroll - 77 hrs @ 4.00/hr. 308 00 2-4-69 40 hrs @ 3.00/hr. 120 00 FORM OEP 74 E-13 FORM APPROVED Ire COMPTROLLER Original - OEP Audit Section File Copy GENERAL U.s..MARCH C.flea SUMMARY OF DOCUMENTATION Page No.2 of 2 IN SUPPORT OF AMOUNT CLAIMED FROM THE OFFICE OF EMERGENCY PREPAREDNESS FOR ELIGIBLE DISASTER WORK OEP 1 Project Application No. APPLICANT City of Bighorn, Montana State DOCUMENTATION AMOUNT Applicant's Delivery date List documentation(Applicant's payroll,material out of Line Item in Applicant's Reference No. of articles or applicant's stock,applicant owned equipment end name Approved Eligible (MeRmlt. performance of vendor or contractor)by category and line item In the Project CostVoucher, of services approved project application and give a brief description Application Claim,or of the a,ticlea or services Schedule No.) Dollars Dollars Cents Applicant-owned equipment SCH - 2 1-22 to Truck Mounted Crane 8 hrs @6.80/hr 54 40 2-4-69 6 c.y. dump truck 61 hrs @3.90/hr 237 90 Roller 8 hrs. @ 2.50 20 00 SCH - 4 1-22 to Materials from Applicants Stock 1-30-69 3-40' Sections, 30" CMP @ 12.00 1440 00 410 gal liquid Bit Material @ 0.22 90 20 SR - 69 1-29-69 Bighorn Sand & Gravel Co. 144 c.y. Base Agg. @ 2.75/c.y. 396 00 2590 2666 50 Category C-2 - Restoration of Streets, Roads and Highway Facilities Line Item 1-S State Street Bridge BC - 104 7-20-69 Capital Construction Co. - Contract to 7-10-69for new permanent replacement bridge 116,600 00 Cost $121, 500 less 4, 900 salvage 119, 300 of old truss and CMP., Line Item 2 Crockett Ave Bridge Work not done 12, 540 - 0 - GRAND TOTAL $135, 236 $120,046 30 FORM OEP 74 E-14 FORM APPROVED CV COMPTROLLER Original - OEP Audit Section File Copy U.S.,MARCH 5. 1903 BLANKET CERTIFICATE COVERING CLAIM FROM THE OFFICE OF EMERGENCY PREPAREDNESS FOR THE COST OF ELIGIBLE DISASTER WORK I certify that all documents listed on the "Summary of Documentation" (Form OEP 74), submitted by City of Bighorn, Montana (Applicant) are correct and cover only services performed, or material used, exclusively in connection with disaster relief operations of the applicant, as authorized in Project Application OEP No. 1 State No. 1 under Public Law 606, 91st Congress. COMPLETION OF WORK I certify that all work authorized in the approved project application was completed and all related essential services were resumed, within the time limit in the Federal-State Disaster Agreement, except as listed below: Work NOT Completed Approved Category Line Item Amount C-2 2 12, 540 RATES I certify that all rates claimed were the lowest rates available during the period covered by this claim. PAYROLL I certify that wages claimed on payrolls cover only extra employees or overtime of regular employees of the applicant, and that all payments for overtime are in accordance with policy established prior to the disaster. DOCUMENTATION I certify that the originals of all supporting documentation are on file in the office of Bill Beachmark-Citv Engineer, 117 Hardin Ave. Bighorn, Montana. (Title and Address) PAYMENT I certify that all obligations incurred by the applicant, in connection with the documents listed on the "Summary of Documentation" (Form OEP 74), have been paid in full. S ,ptember 17 , 1970 William A. Custer Date Applicant's Authorised Representative FORM OEP•83(Revised) E-15 Original - OEP Audit Section File Copy r. `^ APPENDIX F Chapter XVII—Office of Emergency (d) Bill for Collection (Form 1114). is past due and that the consequences P 9 y Formal demand for funds due the Fed- of nonpayment have necessitated refer- Preparedness eral Government. ral of the entire claim to OEP Head- PART 1712—FEDERAL DISASTER AS- (e) State official. The individual au_ quartersforfurtheractionincludingpos- thorized by the State Governor in the sible offset against other such vouchers SISTANCE—SETTLEMENT OF CLAIMS Federal-State Agreement involved to eligible for reimbursement(4(,'FR 102.3) Pursuant to and in conformity with the execute all but certain documents, or referral to the GAO for collection (4 Act of July 19, 1966, 80 Stat. 309, 31 §1712.1 (].o(pmnd.r or soot.((, CFR Part 105). The State will also be US3.C. 952, and in conformity with the informed that further communications standards promulgated jointly by the At- Section 3(b) of the Federal Claims shall be with the Chief. Financial Man- tomey General and the Comptroller Collection Act of 1966 (31 U.S.C. 592) agement Branch. General pursuant to that Act (4 CFR authorizes the head of each agency, in (3) If.within 30 days after date of the Ch. II) the following regulations relat- conformity with regulations issued notice required in subparagraph (21 ing to the settlement of certain claims Jointly by the Attorney General and the of this paragraph,the full amount of the .m arising under the Federal Disaster Act, Comptroller General, to compromise bill has not been received, the Chief, as amended (42 U.S.C. 1855-1855hh), claims not exceeding $20,000 exclusive Financial Management Branch, shall and the regulations prescribed pursuant of interest. or to terminate collection notify the appropriate State official that thereto (32 CFR Parts 1710 and 1711) action with respect to those claims where the account Ls delinquent and subject to are he('eby prescribed as Part 1712 of it appears that no person liable for the offset against any other funds to which Title 3:'. claim has present or prospective finan- the State may be entitled> cial ability to pay a sufficient sum t -sige. A scs+er or to referral to the sec. thereon or where the cost of collection GAO for collection. 17121 Scope. of the claim is likely to exceed the (4) If. within 30 days after date of 1712.2 Exclusions. amount of recovery. Most claims under notice required by subparagraph (3) 1712.3 Definitions. this part will be for a specific and undls- of this paragraph, payment of the full 1712.4 Compromise or waiver. 1712.5 Administrative collection activity, puted debt arising out of an overadvance amount stated in the Bill for Collection 1712.6 referrals to CIAO. of disaster funds to a State (for read- has not been received, the Director or vancement to one or more of its political his designee shall offset the amount Arm-marry: The provisions of this Part subdivisions) and the debtor will be one stated in the Bill for Collection against 1712 issued under the Act of July 19, 1966, of the States of the Union.Consequently, any funds otherwise owed the State lay 80 Stat.809.81 D.5 C.952; the Federal DU- aster Act. es amended (42 U.S.C. 1855- there will be few, if any, Instances In 'meisi"r be .. ... et and the Gov- 1a6fhh); and 4 CPR en.II. which compromise or waiver of claims error shall be notified of that action.If §1712.1 Scope. cognizable under the regulations in this it is not feasible to satisfy the indebted- part would be consistent with the intent ness by such offset the Director or his This part prescribes standards to be of section 3)b) of Federal Claims Col- designee shall notify the Governor of the applied and procedures to be followed lection Act. State that he intends to request the by the Office of Emergency Prepared- §1712.5 1dmin ianrri.r nrllrrtiorr nrri,- GAO to take the necessary steps to effect ness (OEP) in the administrative col- collection. This letter shall explain in "—a leetion, compromise, termination of sty' some detail the possible consequences OEP collection action, and referral to (a) Civil claims by OEP in connection of such a referral of the claim to the the General Accounting Office (GAO) with Federal Disaster Assistance nor- GAO for collection including the pos- of civil claims by OEP in connection with malty arise when a State voucher for sible adverse effect, such referral might Federal Disaster Assistance (Public Law payment of Federal Disaster Assistance have on other Federal programs in the 81-875,Part 1710 of this chapter; Public is processed and a determination is made State. Law 89-769, Part 1711, of this chapter; by OEP that funds already advanced (b) Appeals: 42 U.S.C. 1855-1855hh1. to the State attributable directly to the (1) Appeals for reconsideration of§ 17 12.2 Exclusions. eli- voucher In question are in excess of the gibility for reimbursement shall be sub- amount eligible for Federal reimburse- miffed not later than 30 days after the This part shall not apply to civil meat.Collection activity to recover such date of the Bill for Collection in accord- claims by OEP arising out of any Fed- excess funds shall proceed in the fol- ance with the OEP appeal procedures eral Disaster Assistance rendered under lowing sequence: set forth in 4 1710.9(f) of this chapter circumstances in which a State has not (1) A Bill for Collection (From 1114). except that a State's written notice of accepted responsibility for the admen- accompanied by a suspension statement intention to file an appeal shall cause istlation of such assistance, nor does it or other materials reasonably necessary this period to run all additional period apply to the handling of any claims as to to give an accounting or explanation of of not to exceed 30 days from the date which there is an indication of fraud. the outstanding overadvanee or debt, of such notice, if in the opinion of the §1712.3 Definitions. shall be prepared in the Office of Ad- Regional Director there is sufficient cause ministration.OEP,forwarded to the OEP for an extension. All collection activities Except as otherwise stated, the for- Regional.Director involved,and immedi- shall be held in abeyance during any pc- lowing terms shall have the following ately transmitted to the appropriate dad that appeals are being considered. meanings when used in this part: State official. This transmittal shall ' Consideration of appeals shill be han- (a) Claims.The stated right or rights clearly state that the funds in question died as expeditiously as possible. of the Federal Government to funds are due from the State and that any (2) If an appeal receives favorable either overadvanced or overpaid to a appeals (see paragraph )b) of his sec- consideration resulting in the complete State in connection with a Federal-State lion) to the determination of eligibility satisfaction of the bill and necessitating Disaster Assistance Agreement. for reimbursement must be filed with the an additional payment by OAP, the F1- (b) Voucher.Form SP 1034 submitted Regional Director within 30 days from nancial Management Branch shall pre- ( to OEP by the State on behalf of an the date of the Bill for Collection. pare a suspension-lifting voucher for applicant for reimbursement of ex- (2) If within 30 days, the Regional the additional amount approved. The penses incurred in connection with the Director has not received payment of amount stated in the bill will be de- performance of approved disaster work. the full amount stated in the Bill for ducted from the voucher and a check (c) Advance. Amount advanced to Collection, a written appeal or a written for the difference shall be processed. States for readvance to applicants to notice of intention to submit an appeal That check shall be accompanied by a provide working capital prior to submis- with respect to the eligibility determine- voucher which explains the transaction. skins of vouchers and limited to certain Lion,he shall notify the appropriate State (3) If an appeal receives favorable percentages of the approved application. official,in writing,that the amount owing consideration resulting in martial satis- F-1 r. r faction of the amount stated in the bill, which provides for installment over an for collection. If a plait for Installment the processes shall be the same as those extended period of time cannot be ac- payments is received collection at a tn activity ntin and Oit EP's Paragraph in subparagraph that (2)State of l that would epted because involved in administrative plan. is determined that this is the State's final paravea r except edBill l ortheCollection Siote shall Furthermore, it should be pointed out offer,such claim will be set or referred nreaid offorcheck.Whenever(Form to State officials that Exhibit A36.; to to GAO without further delay. If the 1114)occurs,thecd a t scthis claim is referred to the GAO for collet-` Inr the collection) of activities described the Federal-Stateprovides Disaster$ ov Assistance tion, the GAO shall be advised of the Co commence (a) this section shell shallAgre be ompys ed advances installment payment offer. — oommence again. shall "promptly refunded." (4) If an appeal is denied, the OEP §1712.6 Referrals to GAO. The provisions of this part shall be Regional Director shall inform the ap- Claims not paid within 15 days after • effective upon publication of this part propriate State official of that denial m FEDERAL Lhe REGISTER. and demand immediate payment of the the date of the letter submitted In con- bill. From this point. OEP's collection formity with the next to last sentence Dated:August 13,1969. activity shall continue as set forth in of 9 1712.5(a)(4) shall be considered ad- G. A. LINCOLN. ministratively uncollectible and OEP col- Director, paragraph Collection oll (ai(2) net seq.. f this section. lection activity shall terminate. Such Office of Emergency Preparedness. (c)appropriate in installments: The claims shall, in conformity with 4 CFR [FR. Doe. 69-9721; Flied, Aug. 15, 1969; termed that Buiytate planet shell be in- Part 1115,be immediately referred to GAO 8:49 a.m.] termed that any plan for repayment FEDERAL REOLWER, VOL 34, NO. 157—SATURDAY, AUGUST Ito 1969 (13314) (As amended, November 27, 1970 (35 F.W. 233) ) F-2 .--. Hello