(regular time salaries only) for continuing management of the hazard mitigation grants may be eligible when approved in advance by the Regional Director. The State shall submit a plan for such staffing in advance of the requirement.

(c) Eligible indirect costs—(1) Grantee. Indirect costs of administering the disaster program are eligible in accordance with the provisions of 44 CFR part 13 and OMB Circular A-87.

(2) Subgrantee. No indirect costs of a subgrantee are separately eligible because the percentage allowance in paragraph (b)(1)(ii) of this section necessary costs of requesting, obtaining and administering Federal assistance.

§ 206.440 Appeals.

(a) Subgrantee. The subgrantee may appeal any determination previously made related to Federal assistance for a subgrantee. The subgrantee's appeal shall be made in writing and submitted to the grantee within 60 days after receipt of a notice of the action which is being appealed. The appeal shall contain documented justification supporting the subgrantee's position.

(b) Grantee. Upon receipt of an appeal from a subgrantee, the grantee shall review the material submitted, make such additional investigations as necessary, and shall forward the appeal with a written recommendation to the Regional Director within 60 days.

(c) Regional Director. Upon receipt of an appeal, the Regional Director shall review the material submitted and make such additional investigations as deemed appropriate. Within 90 days following receipt of an appeal, the Regional Director shall notify the grantee, in writing, as to the disposition of the appeal or of the need for additional information. Within 90 days following the receipt of such additional information, the Regional Director shall notify the grantee, in writing, of the disposition of the appeal. If the decision is to grant the appeal, the Regional Director will take appropriate implementing action.

(d) Associate Director. (1) If the Regional Director denies the appeal, the subgrantee may submit a second appeal to the Associate Director. Such appeals shall be made in writing, through the

grantee and the Regional Director, and shall be submitted not later than 60 days after receipt of notice of the Regional Director's denial of the first appeal. The Associate Director shall render a determination on the subgrantee's appeal within 90 days following receipt of the appeal or shall make a request for additional information. Within 90 days following the receipt of such additional information, the Associate Director shall notify the grantee, in writing, of the disposition of the appeal. If the decision is to grant the appeal, the Regional Director will be instructed to take appropriate implementing action.

(2) In appeals involving highly technical issues, the Associate Director, at his/her discretion, may ask an independent scientific or technical group or person with expertise in the subject matter of the appeal to review the appeal in order to obtain the best possible evaluation. In such cases, the 90 day time limit will run from the submission of the technical report.

(e) Director. (1) If the Associate Director denies the appeal, the subgrantee may submit an appeal to the Director of FEMA. Such appeals shall be made in writing, through the grantee and the Regional Director, and shall be submitted not later than 60 days after receipt of notice of the Associate Director's denial of the second appeal.

(2) The Director shall render a determination on the subgrantee's appeal within 90 days following receipt of the appeal or shall make a request for additional information if such is necessary. Within 90 days following the receipt of such additional information, the Director shall render a determination and notify the grantee, in writing, of the disposition of the appeal. If the decision is to grant the appeal, the Regional Director will be instructed to take appropriate implementing action.

(3) In appeals involving highly technical issues, the Director may, at his/ her discretion, submit the appeal to an independent scientific or technical person or group having expertise in the subject matter of the appeal for advice and recommendation. Before making the selection of this person or group, the Director may consult with the grantee and/or the subgrantee.

This subpart provides requirements and establishes general procedures for administration of one-time grants to States under the provisions of section 202 of the Great Lakes Planning Assistance Act of 1988. The Act authorizes the Director of the Federal Emergency Management Agency (FEMA) to provide assistance to the Great Lakes States to reduce and prevent damage attributable to high water levels in the Great Lakes. The assistance would include a one-time grant of not more than $250,000 for preparation of mitigation and emergency plans, coordinating available State and Federal assistance, developing and implementing measures to reduce damages due to high water levels, and assisting local governments in developing and implementing plans to reduce damages. Each State receiving a grant shall match it with an amount equal to 25 percent of the Federal grant. The grant should be used to supplement and extend existing activities and programs, to the extent possible.

§ 207.2 Definitions.

(a) Applicant means a Great Lakes State.

(b) Grant means an award of financial assistance.

(c) Grantee means the State government to which a grant is awarded and which is accountable for the use of the funds provided. The grantee is the entire legal entity even if only a particular component of the entity is designated in the grant award. For the purposes of this regulation, the State is the grantee.

(d) Grant application means the official request for funding under the Great Lakes Planning Assistance

Grant program.

(e) Great Lakes means Lake Ontario, Lake Erie, Lake Huron, Lake Michigan, Lake Superior, and Lake St. Clair, to the extent those lakes are subject to the jurisdiction of the United States.

(f) Great Lake States means the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.

(g) High water includes static water level, wind generated waves, and runup.

(h) Nonstructural measures, as the term is used in part 207, are those actions taken to protect people and property from the effects of a hazard, but do not modify the nature, frequency, or intensity of the hazard. They include measures such as setbacks, land use and development standards, floodproofing, and elevation or relocation of properties and structures at risk.

(i) Structural measures, as the term is used in part 207, are those actions taken to protect people and property from the effects of a hazard by modifying the nature, frequency or intensity of a hazard. They include measures such as floodwalls, levees, retaining walls, jetties, groins and other engineering works designed to control flooding and erosion.

(j) Subgrant means an award of financial assistance under a grant by a grantee to an eligible subgrantee.

(k) Subgrantee means the government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for the use of the funds provided.

(1) Technical proposal means the initial submission by the State to FEMA indicating interest in the program and identifying projects for funding.

§ 207.3 Eligibility.

(a) Applicant eligibility. Each of the eight Great Lakes States (Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin) is eligible for this grant program. The State will be the grantee to which funds are awarded and will be accountable for the use of those funds. There may be subgrantees within the State.

(b) Project eligibility. Each State shall identify projects and programs in the grant application and technical proposal. Projects and programs funded through this grant must comply with all applicable laws and regulations, including 44 CFR part 9, Floodplain Management and Protection of Wetlands, and 44 CFR part 10, Environmental Considerations. Categories of projects and programs eligible for funding under this grant program are:

(1) Preparation of plans for mitigation, warning, emergency operations, and emergency assistance. These plans must meet the following conditions, where applicable.

(i) All plans should be specific to reducing and/or preventing damage due to high water.

(ii) Mitigation plans should identify specific measures or recommendations to limit and/or prevent damages.

(iii) Emergency plans should identify measures to protect lives, property, and facilities.

(iv) All plans should be part of an overall State program to evaluate hazards and develop recommendations regarding the Great Lakes.

(2) Coordination of available State and Federal assistance. This task would be accomplished by determining the availability of funds and programs (at the Federal, State, local, and private level) and identifying how to most effectively use those resources to protect against future damages.

(3) Development and implementation of nonstructural measures to reduce or prevent damages. These measures could include the establishment of setback or dune preservation requirements and/or other conditions on construction and

reconstruction of public and private facilities, development of enforcement procedures for nonstructural measures, and mapping flood and erosion hazard

areas.

(4) Assist local governments in developing and implementing plans for nonstructural reduction and prevention of damages. This assistance would include providing a mechanism for local governments to apply for the grant program, assisting local governments in implementing mitigation measures, and providing technical assistance to local governments in developing nonstructural mitigation measures.

(c) Duplication of programs. Great Lakes Planning Assistance Grants cannot be used as a substitute or replacement to fund projects or programs that are available under other Federal authorities.

(d) Packaging of programs. Great Lakes Planning Assistance Grants can be packaged or used in combination with other Federal, State, local, or private funding sources where appropriate. However, the Grants cannot be used to meet the non-Federal share requirements of other Federal programs.

cost

(Approved by the Office of Management and Budget under OMB control number 3067-0203)

§ 207.4 Application procedures.

(a) General. Technical proposals were required to have been filed by November 23, 1989.

(b) Grant application. A formal grant application will not be required until such time as funds are appropriated for this grant program. At that time, the State will be given the opportunity to review and revise the technical proposal. The formal grant application will consist of the revised technical proposal and appropriate reports in accordance with 44 CFR part 13.

(b) Cost share requirement. States receiving a grant shall match the grant with an amount no less than 25 percent of the amount of the Federal grant. Identification of allowable costs and rules for cost sharing are included in 44 CFR 13.22 and 13.24.

(Approved by the Office of Management and Budget under OMB control number 3067-0203)

§ 207.5 Project management.

The State serving as grantee has primary responsibility for project management and accountability of funds as indicated in 44 CFR part 13. The State is responsible for ensuring that subgrantees meet all program requirements.

§ 207.6 Technical assistance.

(a) General. Requests from a State to FEMA for technical assistance in carrying out any activity of this grant program shall be made by the Governor or his/her designated representative to the Regional Director (reference § 202(c) of the Act).

(b) Content of request. The request for technical assistance shall indicate as specifically as possible the objectives, nature, and duration of the requested assistance; the professional disciplinary capabilities needed; the recipient agency or organization within the State; the manner in which such assistance is to be utilized; and any other information needed for a full understanding of the need for such requested assistance.

(c) State participation. The request for assistance requires participation by the State in the technical assistance process. As part of its request for such assistance, the State shall agree to facilitate coordination among FEMA and all subgrantees in need of assistance.

(Approved by the Office of Management and Budget under OMB control number 3067-0203)

220.14 Floodplain management guidelines. 220.15 Effective date of assistance. 220.16 Termination of assistance. 220.17 Cost sharing.

220.18 State administration of temporary relocation assistance.

220.19 Reports.

AUTHORITY: 42 U.S.C. 9601 et seq.; E.O. 12580, 3 CFR, 1987 Comp., p. 193.

SOURCE: 54 FR 3034, Jan. 23, 1989, unless otherwise noted.

TEMPORARY RELOCATION

§ 220.1 Purpose.

This regulation prescribes the policies to be followed by the Federal Emergency Management Agency (FEMA) or any State or local government when implementing Temporary Relocation Assistance under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as amended, 42 U.S.C. 9601, et seq., also known as Superfund.

§ 220.2 Definitions.

Cost Share means the portion of the allowable project cost which is not derived from Federal assistance.

Evacuation means the emergency relocation of threatened individuals from an area. This activity is normally carried out by the State as part of its public health and safety responsibility.

Fair market rent means a reasonable amount to pay in the local area for the size and type of accommodations provided. (The formula is provided in § 220.11of this part.)

Household means the residents of the pre-incident residence who are offered Temporary Relocation Assistance. It includes any authorized additions during the temporary housing period, such as children, spouses, or part-time residents who were not present at the time of the announcement, but who are expected to return during the temporary housing period.

Occupant means an eligible applicant residing in temporary housing.

Primary residence means the dwelling where the applicant normally resides during the major portion of the calendar year, or a dwelling which is required because of proximity to employment.

Transient accommodations means hotels, motels or other similar accommodations which are utilized to assist eligible applicants who require temporary housing for only a short period of time, or who require such assistance pending provision of another temporary housing resource. Transient accommodations may be provided for up to 30 days unless this period is extended by the FEMA Regional Director or official designee.

§ 220.3 Program intent.

Temporary Relocation Assistance is provided to eligible individuals, identified by EPA, who are displaced from their primary residence in connection with a hazardous substance response action, to relocate for their own health and safety, and/or to allow the EPA, or its agents to conduct clean-up activities. It is not intended to totally compensate these individuals for all expenses and losses associated with contamination of the site on which they reside. Assistance covers reasonable living expenses that are additional to the living expenses which existed prior to the relocation. Applicants are eligible only for categories of assistance where additional expenses are actually incurred. Nine categories of eligible assistance, designed to pay costs directly related to the temporary relocation program include: (a) Temporary housing in locally available private rentals; (b) subsistence payments for individuals placed in transient accommodations; (c) furniture assistance when individuals are placed in unfurnished temporary housing, or when the furniture at the permanent residence is contaminated; (d) transportation of household goods to temporary and back to permanent residence; (e) utility subsidy covering the costs for primary residence; (f) utility connection costs at the temporary housing residence; (g) kennel costs; (h) personal property purchase or decontamination costs; and (i) other expenses directly related to the relocation. The establishment of these categories of assistance does not prohibit advance of funds or establishment of fixed funding rates for certain categories of assistance, when it is determined to be appropriate and cost-effective.

Tem

§ 220.4 Duplication of benefits. FEMA has determined that porary Relocation Assistance shall not be provided to an applicant if such assistance or its equivalent is received from any other source. This also prohibits duplication of benefits by receipt of temporary relocation assistance, and permanent relocation under CERCLA, or any disaster assistance. If any State or local government or volunteer agency is providing assistance for the same purpose as temporary relocation assistance, temporary relocation assistance under CERCLA, as amended, shall not begin until such other assistance is terminated. In the instance of insured applicants, assistance shall not be provided if insurance proceeds are available, unless there is a delay by the insurer in determining whether the proceeds will be available; there is ample reason to believe that payment of the proceeds may be significantly delayed; such proceeds have been exhausted; or, the proceeds are insufficient to provide the full cost of relocation benefits. Prior to provision of assistance, the insured applicant shall agree to repay FEMA from insurance proceeds he/she receives for additional living expenses, an amount equivalent to the assistance provided, or that portion of insurance proceeds, whichever is less.

§ 220.5 Site specific plan.

Each FEMA regional office must prepare a site specific Temporary Relocation Plan to be approved by the Regional Director or his or her official designee. The approved plan shall be submitted to the Assistant Associate Director, Disaster Assistance Programs (DAP), for review within seven days of signing an IAG with EPA. The Assistant Associate Director, DAP, or official designee, assumes Regional Director responsibilities when Headquarters is implementing temporary relocation. The requirements of the plan are outlined in §220.18.

§ 220.6 Applications.

Applications

for Superfund Temporary Relocation Assistance under CERCLA, as amended, shall be accepted throughout the relocation period identified by EPA. Members of each household shall be included on a single