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:

§ 1715.14

Grants or loans to States for the suppression of forest or grass fires.

Upon the request of a 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 removing 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

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

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required to comply with the regulations, to a 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 Op-p portunity 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

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e procedures and standards to be wed in the processing of complaints scrimination under this part shall ose prescribed in §§ 713.212 through 22 of the regulations of the Civil ice Commission (5 CFR 713.21222). The above-cited sections of e regulations are hereby adopted as regulations of the Office of Emerey Preparedness for this purpose. The ctor of the Office of Emergency paredness shall make all final decis with respect to complaints filed suant to this part.

713.6 Right of appeal to the Civil Service Commission.

a) Entitlement. A complainant may, der the Civil Service Commission regtions, appeal to the Commission if the rector of the Office of Energency Preredness has made a decision:

1) To reject his complaint because it was not timely filed, or (ii) it was t within the purview of this part; or (2) To discontinue processing of his mplaint (i) because of the complaint's failure to prosecute his complaint, (ii) because of the complainant's paration; or

(3) On the merits of the complaint, if e decision does not resolve the comlaint to the complainant's satisfaction. (b) Where to appeal. The complainant mall file any such appeal, in writing, ither personally or by mail, with the Board of Appeals and Review, U.S. Civil Service Commission, Washington, D.C. 0415.

(c) Time limit. A complainant may le 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.

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.