(b) Navigation. This includes channel construction and channel protection works, mooring facilities and appurtenant structures, buildings, and equipment, navigational aids, and similar facilities. (c) Irrigation. This includes dams, pumping plants, pipe lines, canals, laterals, water control structures, and equipment, and similar facilities. (d) Reclamation. This includes irrigation, drainage and other facilities utilized to reclaim nonproductive land to beneficial use. (e) Public power. This includes dams, generating stations, transformer substations, overhead and underground transmission and distribution lines and necessary appurtenant buildings, equipment, and related facilities. (f) Sewage treatment. This includes sewage treatment plants with interceptor sewers and discharge lines which are an integral part thereof. Sewerage collection systems, including trunk sewers and discharge lines which would be required if no treatment plant were involved, are not eligible. (g) Water treatment. This includes only water treatment plants and integral facilities for such plants. Water distribution systems are not eligible. (h) Watershed development. Facilities other than those listed designed as part of water resource development, to include drainage systems, reforestation, land contouring, water supply, pollution abatement, and other similar facilities. (i) Airport construction. This includes runways, parking and access ramps, terminal buildings and grounds, hangars, airport lighting, aircraft control systems, fueling systems, and similar facilities. § 1711.33 Eligibility criteria. (a) Restoration: Those construction and other direct costs necessary to restore an eligible project to substantially the same condition as existed prior to the damage resulting from the major disaster, including debris clearance and restoration of construction facilities such as borrow pits, work areas, access and work roads and on-site contractors construction headquarters, fixed plant and work camps. (1) Eligible costs include but are not limited to: (i) Labor, including supervisory personnel at the construction site to assure satisfactory construction. (ii) Construction equipment rentals, or contractor's established rates for contractor owned construction equipment. (iii) Repair or replacement of necessary equipment, material and supplies which are an integral part of the restoration, or which were stored at the work site for later incorporation into the project, and damaged or destroyed by the disaster. (iv) Architectural and engineering costs required to assure satisfactory construction. (v) Contractor's administrative costs at the construction site. (2) Ineligible costs include but are not limited to: (i) Repair or replacement of damaged or destroyed mobile construction equipment. (ii) Project operation and maintenance. (iii) Idle construction equipment ownership expense or lost revenue because of damages to construction equipment or for other reasons. (iv) Any interest cost not specifically attributable to the eligible work. (v) Any legal costs. or (vi) Contractors' administrative overhead costs not directly related to eligible work. (vii) Any applicant's administrative or overhead costs. (viii) Any losses resulting from delays in completion of the work. (ix) Any costs incurred for the preparation of claims for reimbursement under the Act. (x) Any other costs not specifically related to the construction of the project as defined herein. (b) Completing construction not performed prior to the major disaster to the extent the increase of such costs over original construction costs is attributable to changed conditions resulting from the major disaster. The term "changed conditions" shall mean changed physical conditions which increase the costs over the original contract costs. The eligibility criteria listed under paragraph (a) of this section, except subparagraph (1) (iii) of paragraph (a), shall apply to this paragraph (b). Each eligible State shall negotiate and enter into a written agreement with the Office of Emergency Planning. This agreement shall cover the scope of the studies, research, and planning for the State management of resources and stabilization of the economy during the interim period following a nuclear attack. This agreement shall also contain the maximum cost under the agreement, specify the schedule of performance, and require that performance thereunder be conducted in accordance with the procedures and criteria set forth in the Administrative Manual for the Development of State Emergency Resources Management Plans. § 1714.4 Supervision of the studies, research, and planning. Agreements entered into under the regulations in this part shall be performed under the supervision and guidance of the Office of Emergency Planning. Each participant shall agree to make full use of the technical staffs and other personnel of appropriate agencies of State and local governments, and shall agree to keep its emergency planning current after the project is completed and to submit completed plans for periodic review or testing. § 1714.5 Costs and reimbursements. (a) Amount. The reimbursable costs of any project shall not exceed the actual costs nor the amount stipulated in the project agreement. (b) Retroactive. No costs shall be approved, of whatsoever nature, which were contracted for, obligated, or incurred prior to the execution of the contract. (c) Personnel and other expenses. (1) Approved costs under a project shall include salaries or other compensation paid to staff or technical personnel engaged in work under the project agreement and travel, telephone communication and printing costs necessary or incident to the work, as set out in OEP Administrative Manual for the Development of State Emergency Resources Management Plans, or as acceptable to the Director, ОЕР. (2) State travel regulations shall apply except that, in the absence of such regulations, travel expense shall be in accordance with Standardized Government Travel Regulations. (d) Salaries of employees. (1) Salaries of regularly employed full-time personnel of a State or political subdivision shall not be reimbursed except when such personnel may be detailed to work on an approved project on a full-time basis of thirty (30) consecutive working days duration, or longer. (2) Salaries of regularly employed full-time personel of a State or political subdivision whose salaries are paid all or in part from Federal funds under other programs shall not be reimbursed if this involves a dual payment to the individual or a dual payment to State agencies by the Federal Government for such salaries. (3) Salaries of the State and Local Emergency Planning Director, members of the State or Local Emergency Resource Planning Committee or task groups shall not be reimbursed. (4) Salaries of personnel not ployed in accordance with shall not be reimbursed. em 1714.2(c) (e) Reimbursement procedures. Reimbursement shall be made to eligible participants for approved costs under a project upon the presentation by the eligible participants of vouchers duly executed in accordance with the applicable provisions of OEP Administrative Manual for the Development of State Emergency Resources Management Plans. § 1714.6 Advances. (a) Upon execution by OEP of a project agreement and upon application by the State involved, up to three (3) months' estimated operating costs not to exceed 25 percent of the estimated cost of the project may be advanced to establish a working fund to be used solely in accordance with the regulations of this part, the provisions of the project agreement against which the advance was made, and the Administrative Manual for the Development of State Emergency Resources Management Plans. (b) In accepting an advance of Federal funds, a State must agree to: (1) Deposit the monies advanced in a separate fund or account under the sole custody of the treasurer or comparable fiscal officer of the State. This person is to be a bonded official. (2) Withdraw such funds only upon the certification of the Governor or other e the full amount stated in the Bill for Collection, a written appeal or a written notice of intention to submit an appeal with respect to the eligibility determination, he shall notify the appropriate State official, in writing, that the amount owing is past due and that the consequences of nonpayment have necessitated referral of the entire claim to OEP Headquarters for further action including possible offset against other such vouchers eligible for reimbursement (4 CFR 102.3) or referral to the GAO for collection (4 CFR Part 105). The State will also be informed that further communications shall be with the Chief, Financial Management Branch. (3) If, within 30 days after date of the notice required in subparagraph (2) of this paragraph, the full amount of the bill has not been received, the Chief, Financial Management Branch, shall notify the appropriate State official that the account is delinquent and subject to offset against any other funds to which the State may be entitled by reason of the same disaster or to referral to the GAO for collection. (4) If, within 30 days after date of notice required by subparagraph (3) of this paragraph, payment of the full amount stated in the Bill for Collection has not been received, the Director or his designee shall offset the amount stated in the Bill for Collection against any funds otherwise owed the State by reason of the same disaster and the Governor shall be notified of that action. If it is not feasible to satisfy the indebtedness by such offset the Director or his designee shall notify the Governor of the State that he intends to request the GAO to take the necessary steps to effect collection. This letter shall explain in some detail the possible consequences of such a referral of the claim to the GAO for collection including the possible adverse effect such referral might have on other Federal programs in the State. (b) Appeals: (1) Appeals for reconsideration of eligibility for reimbursement shall be submitted not later than 30 days after the date of the Bill for Collection in accordance with the OEP appeal procedures set forth in § 1710.9 (f) of this chapter except that a State's written notice of intention to file an appeal shall cause this period to run an additional period of not to exceed 30 days from the date of such notice, if in the opinion of the Regional Director there is sufficient cause for an extension. All collection activities shall be held in abeyance during any period that appeals are being considered. Consideration of appeals shall be handled as expeditiously as possible. (2) If an appeal receives favorable consideration resulting in the complete satisfaction of the bill and necessitating an additional payment by OEP, the Financial Management Branch shall prepare a suspension-lifting voucher for the additional amount approved. The amount stated in the bill will be deducted from the voucher and a check for the difference shall be processed. That check shall be accompanied by a voucher which explains the transaction. (3) If an appeal receives favorable consideration resulting in partial satisfaction of the amount stated in the bill, the processes shall be the same as those described in subparagraph (2) of this paragraph except that the State shall receive a revised Bill for Collection (Form 1114) instead of a check. Whenever this occurs, the collection activities described in paragraph (a) of this section shall commence again. (4) If an appeal is denied, the OEP Regional Director shall inform the appropriate State official of that denial and demand immediate payment of the bill. From this point, OEP's collection activity shall continue as set forth in paragraph (a) (2) et seq., of this section. (c) Collection in installments: The appropriate State official shall be informed that any plan for repayment which provides for installment over an extended period of time cannot be accepted because of the administrative cost that would be involved in such a plan. Furthermore, it should be pointed out to State officials that Exhibit A3g.I to the Federal-State Disaster Assistance Agreement provides that over-advances shall be "promptly refunded." § 1712.6 Referrals to GAO. Claims not paid within 15 days after the date of the letter submitted in conformity with the next to last sentence of § 1712.5(a) (4) shall be considered administratively uncollectible and OEP collection activity shall terminate. Such claims shall, in conformity with 4 CFR Part 105, be immediately referred to GAO for collection. If a plan for installment payments is received at a point in OEP's administrative collection activity and it is determined that this is the State's final This part reaffirms the policy of the Office of Emergency Preparedness of excluding and prohibiting discrimination against employees or applicants for employment in the Office of Emergency Preparedness because of race, color, religion, sex, or national origin. It also prescribes agency standards and procedures for the initiation and adjudication of complaints of discrimination under the provisions of Executive Order No. 11246 of October 24, 1965, and the revised regulations of the Civil Service Commission, effective July 1, 1969 (5 CFR Part 713). § 1713.2 Authority. (a) Executive Order No. 11246 of October 24, 1965, reemphasizes the policy of the Federal Government to provide equal employment opportunity and reaffirms the direct obligation of each agency head to establish and maintain a positive program of equal opportunity within his activities. (b) That Executive order assigns to the Civil Service Commission the responsibility for supervising and providing leadership and guidance in the area of equal opportunity and for reviewing agency program accomplishments periodically. Furthermore, agencies are required to comply with the regulations, orders, and instructions issued by the Commission pursuant to that order. § 1713.3 OEP employment policy. It is the policy of the Office of Emergency Preparedness to assure, by positive measures, equal opportunity for all qualified persons with respect to employment in this Agency. Each employee of this Agency has a positive obligation to promote and ensure that there is full equality with respect to employment opportunities within this Agency. Discrimination against any employee or applicant for employment in the Office of Emergency Preparedness because of race, color, religion, sex, or national origin is prohibited. The Director of Equal Employment Opportunity, in conjunction with the Director of Administration, shall review the employment practices of this Agency and recommend, where appropriate, updating of the Agency's positive action program so that this policy may be applied effectively with respect to all personnel matters. § 1713.4 Designation of Director of Equal Employment Opportunity, Equal Employment Opportunity Officers, and Equal Employment Opportunity Counselor. (a) The Director of the Office of Emergency Preparedness shall designate a Director of Equal Employment Opportunity for the Agency. The Director of Equal Employment Opportunity, under the immediate supervision of the Director of the Office of Emergency Preparedness, has full operating responsibility for carrying out the non-discrimination employment policy of the Federal Government within the Agency. (b) The Director, OEP, shall designate an Equal Employment Opportunity Counselor. The Counselor shall seek resolution, on an informal basis, of matters giving rise to any allegation of discrimination prohibited by this part. Employees shall consult with the Counselor before filing formal complaints of discrimination pursuant to this part. In any case in which it is impracticable for an aggrieved employee to consult with the Counselor, the Director shall designate a temporary Counselor to consult with that employee. (c) The Director shall designate one or more Equal Employment Opportunity Officers whose primary function shall be § 1713.6 Right of appeal to the Civil Service Commission. (a) Entitlement. A complainant may, under the Civil Service Commission regulations, appeal to the Commission if the Director of the Office of Emergency Preparedness has made a decision: (1) To reject his complaint because (i) it was not timely filed, or (ii) it was not within the purview of this part; or (2) To discontinue processing of his complaint (i) because of the complainant's failure to prosecute his complaint, or (ii) because of the complainant's separation; or (3) On the merits of the complaint, if the decision does not resolve the complaint to the complainant's satisfaction. (b) Where to appeal. The complainant shall file any such appeal, in writing, either personally or by mail, with the Board of Appeals and Review, U.S. Civil Service Commission, Washington, D.C. 20415. (c) Time limit. A complainant may file an appeal at any time after receipt of his Agency's notice of final decision on his complaint but not later than 15 calendar days after receipt of that notice. The time limit in this section may be extended at the discretion of the Board of Appeals and Review, upon a showing by the complainant that he was not notified of the prescribed time limit and was not otherwise aware of it, or that circumstances beyond his control prevented him from filing an appeal within the prescribed time limit. In the event of a nuclear attack, the Federal Government will act as promptly as possible to exercise its responsibility for the management of the Nation's resources and the stabilization of the economy. However, it is possible that Federal direction may be interrupted during a nuclear attack, and, consequently, State and local governments must develop a capability to manage resources and stabilize the local economy until Federal direction and control is feasible. The regulations in this part prescribe the procedures and conditions under which the Office of Emergency Planning shall provide funds to the States for the development of plans for this purpose. |