Imágenes de páginas
PDF
EPUB

house destroyed or damaged in a major disaster) which is in excess of 25 percentum of the individual's or family's monthly income.

(c) The tenant shall be responsible for directly paying all utility use charges, or shall be responsible for paying a monthly allowance for utilities used if he occupies a mobile home or fabricated home located in a park. $ 1715.12 Distribution of food stamps

and surplus commodities. Instructions pertaining to section 11 of the Act, covering the distribution of food stamps and surplus commodities, will appear as amendments to the following Federal Regulations: 16 CFR Part 1600. 16 CFR Part 1602. 16 CFR Part 1603. $ 1715.13 Assistance to unemployed in

dividuals. The OEP Director has delegated to the Secretary of Labor the authorities, functions and powers granted by section 12 to provide assistance to individuals unemployed as a result of a major disaster and to issue such rules and regulations as may be necessary and appropriate. Such regulations are provided in Title 20, Chapter V, Part 625, of the Code of Federal Regulations (34 F.R. 19656, Dec. 13, 1969). $ 1715.14 Grants or loans to States for

the suppression of forest or grass

fires. Upon the request of Governor, through the OEP Regional Director, the Director, OEP, may recommend the allocation of funds by the President to assist in the suppression of any fire on publicly or privately owned forest or grass lands which threatens such destruction as to constitute a major disaster. The Governor's request shall specify the location of the fire, the conditions existing which make the threat imminent, and the assistance required from the Federal Government. $ 1715.15 Grants to States for moving

debris from private property. (a) Removal of debris (including wreckage) from privately owned lands or waters on the basis of an action plan prepared by the State is eligible for Federal assistance if the OEP Regional Director or his representative determines

that it is in the public interest. The following shall apply to such cases:

(1) An action plan shall be prepared by the State to tailor the cleanup and debris clearance operations to fit the specific situation.

(i) Priorities in the performance of work shall be established to guide efforts to areas where health and safety problems are concentrated.

(ii) An appropriate limitation shall be placed on the degree of cleanup to be approved.

(iii) Approved work practices and scale of acceptable unit costs (per cubic yard, ton, or otherwise) shall be established, if feasible.

(2) Inspection of the areas to be cleaned shall be made by State and Federal representatives to provide a valid basis for approval of work to be done. If work has started or been completed, the inspection is to determine a reasonable basis for approving or disapproving such work. Inspection reports shall include the following types of data:

(i) A geographical reference and specific description of the area recommended for cleanup.

(ii) Estimates in terms of debris volume, i.e., tons, cubic yards, etc., that is covered by the recommendation for each location.

(iii) Estimates of equipment and labor, including unit costs where practicable, to make the cleanup.

(iv) An estimated value of salvageable material as described in “3” below.

(3) Any applicable insurance recoveries and any salvage value of debris and wreckage to be removed are to be considered and deducted from the costs for the approved work. If the individual property owner elects to burn or otherwise dispose of the debris and wreckage instead of salvaging it, an estimated net value of potential salvage as determined by the State and Federal Agency representatives will be deducted. If the State and Federal representatives do not agree, the OEP Regional Director or his representative shall make the determination, and his decision will be final.

(4) Claims for reimbursement shall be verified before payment on the basis of inspections and audits of completed work.

(b) All or a portion of the debris and wreckage may be removed by the Federal Government if requested by the State and when the OEP Regional Di

a

rector or his representative judges that expedient and efficient removal can best be accomplished by the Federal Government.

(c) Considerations in determining public interest under this section shall include:

(1) Whether removal of debris and wreckage is necessary to eliminate threats to health, well-being, or safety of the public.

(2) Whether removal of debris and wreckage is necessary to eliminate a fire or flood hazard which threatens substantial destruction of undamaged public or private property.

(3) Whether removal of debris and wreckage is essential to the economic recovery of the affected community or to the restoration of the land to a productive condition.

CHAPTER XVIII—OFFICE OF CIVIL DEFENSE, OFFICE

OF THE SECRETARY OF THE ARMY

Part 1800 Definitions. 1801 Contributions for Civil Defense equipment. 1802 Donation of Federal Surplus personal property for Civil Defense purposes. 1803 Procedure for stopping or withholding payments under section 201(i) of

the Federal Civil Defense Act of 1950. 1804 Financial assistance from Reconstruction Finance Corporation for Civil

Defense purposes. 1805 United States Civil Defense Corps. 1806 Official Civil Defense insigne. 1807 Contributions for Civil Defense personnel and administrative expenses. 1808 Labor standards for federally assisted contracts.

Reimbursement toward expenses of students attending OCD schools. 1810 Civil Defense identification for Federal employees, reservists and non

Federal support personnel. 1811 Nondiscrimination in federally assisted programs of the Office of Civil

Defense. 1812 Equal opportunity for employment in federally assisted construction.

PART 1800—DEFINITIONS Sec. 1800.1 Meaning of terms. 1800.2 Act. 1800.3 Department. 1800.4 Director of Civil Defense. 1800.5 Administrative expenses. 1800.6 Civil Defense. 1800.7 Facilities. 1800.8 OCD. 1800.9 Materials. 1800.10 RFC. 1800.11 State. 1800.12 Critical target area.

AUTHORITY: The provisions of this part 1800 issued under Sec. 401, 64 Stat. 1254, 60 U.S.C. App. 2253; Reorg. Plan No. 1 of 1958,

72 Stat. 1799, 23 F.R. 4991; E.O. 10952, 26 F.R. 6577; 29 F.R. 5017, Apr. 10, 1964.

SOURCE: The provisions of this Part 1800 appear at 16 F.R. 4934, May 25, 1951, unless otherwise noted. Redesignated at 26 F.R. 12766, Dec. 30, 1961. Further redesignated at 29 F.R. 6384, May 15, 1964. § 1800.1 Meaning of terms.

Except as otherwise stated, the terms and abbreviations in $$ 1800.2 through 1800.12 shall have the meanings as defined therein when used in the regulations in this chapter. $ 1800.2 Act.

The Federal Civil Defense Act of 1950.

$ 1800.7 Facilities.

Buildings, shelters, utilities and land. § 1800.8 OCD.

Office of Civil Defense, Office of the Secretary of the Army. § 1800.9 Materials.

Raw materials, supplies, medicines equipment, component parts and techni cal information and processes necessar, for civil defense. § 1800.10 RFC.

Reconstruction Finance Corporation. & 1800.11 State.

Any of several States, the District of Columbia, the territories, and possession of the United States. $ 1800.12 Critical target area.

Any area (including the central municipality and the surrounding metropolitan area) determined by the Director of Civil Defense after consultation with the Secretary of Defense to be a critical target for an attack.

& 1800.3 Department.

The Department of Defense, Office of Civil Defense. $ 1800.4 Director of Civil Defense.

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

Expenses of a State and its political subdivisions incurred in the administration of State and local laws, ordinances, regulations and codes, including, but not limited to, salaries of officials and employees, traveling expenses, office rent, and office supplies. § 1800.6 Civil defense.

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

PART 1801-CONTRIBUTIONS FOR

CIVIL DEFENSE EQUIPMENT Sec. 1801.1 Purpose. 1801.2 Definitions. 1801.3 Request for contributions. 1801.4 Conditions of contributions. 1801.5 Project application approval. 1801.6 Billing and payment. 1801.7 Advances of Federal funds for State

procurement. 1801.8 Limitations on obligating contribu

tions funds. 1801.9 State procurement. 1801.10 Federal procurement. 1801.11 Compliance.

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

SOURCE: The provisions of this Part 1801 appear at 29 F.R. 1322, Jan, 25, 1964, unless otherwise noted. Redesignated at 29 F.R. 6384, May 15, 1964. $ 1801.1 Purpose.

The purpose of the regulations in this part is to prescribe the basic terms and conditions under which the OCD, pursuant to the provisions of section 201(1)

of the Act, contributes Federal funds to the States for the procurement of civil defense equipment. 8 1801.2 Definitions.

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

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

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

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

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

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

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

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

(h) Project. A definable part of a program which is complete in itself.

(i) Allowable costs. Except where restricted or prohibited by law the cost principles set forth in Circular A-87, issued by the Bureau of the Budget on May 9, 1968, will be applied beginning July 1, 1969, in determining costs incurred by State governments and at the earliest practicable date but no later

than January 1, 1970 in determining costs incurred by political subdivisions of a State. [29 F.R. 1322, Jan. 25, 1964, as amended at 34 F.R. 11544, July 12, 1969] $ 1801.3 Request for contributions.

A request for a Federal contribution must be made on an OCD prescribed project application form and in accordance with the procedures asd criteria set forth in OCD guidance material. $ 1801.4 Conditions of contributions.

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

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

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

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

« AnteriorContinuar »