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assistance to States and local governments in carrying out their responsibilities to alleviate suffering and damage resulting from such disasters.
B. To establish procedures which will provide such assistance consistent with existing laws.
The President, by Executive Order No. 10427, dated January 16, 1953, has directed the Federal Civil Defense Administrator to exercise designated authority vested in him by Public Law 875 (81st Cong.) as amended.
Public Law 875 provides for a continuing means of assistance by the Federal Government to States and local governments in carrying out their responsibilities to alleviate suffering and damage resulting from major disaster, to repair essential public facilities and to foster the development of state and local organizations and plans to cope with such disasters.
Public Law 107 (82d Cong.) amends Public Law 875 by authorizing Federal assistance in providing temporary housing or other emergency shelter for disaster sufferers.
Executive Order 10427 provides that the Federal Civil Defense Administration, acting on behalf of the President, shall
(1) Direct Federal agencies to provide assistance in major disasters.
(2) Coordinate activities of Federal agencies in providing disaster assistance and to direct them to utilize their personnel, equipment, supplies, facilities, and other resources in accordance with authority contained in the act.
(3) Coordinate plans and preparations of Federal agencies made in anticipation of their responsibilities in major disasters.
(4) Foster the development of such State and local organizations and plans as may be necessary to cope with major disasters.
(5) Coordinate assistance and other action of Federal agencies performed under existing policies, practices, or statutory authority of such agency. Copies of Public Laws 107 and 875 and Executive Order No. 10427 are attached.
The regional director is responsible for keeping the Administrator informed, by our emergency communications system if necessary, of all disasters or situations that may result in disaster in his region.
In the usual civil disaster manpower, equipment, material, and organization are required. It is therefore recommended that the Governor appoint the State civildefense director as the disaster coordinator. The use of the State and local civil defense organization should result in the efficient and effective handling of the disaster and also valuable training for the civil-defense personnel. Where State statutes prohibit such action, it is recommended that amending legislation be considered. Pending such amendment, as much utilization as possible should be made of civil-defense resources.
(a) The Federal Civil Defense Administration will cooperate with other Federal agencies to insure the adequacy of plans to provide Federal assistance in a disaster and will coordinate Federal effort.
(6) The regional offices of the Federal Civil Defense Administration will consult with the governors of the States in their region and cooperate with them in developing State and local plans for disaster assistance.
(c) The States and local governments are requested to review their plans for civil-defense disaster operations and, where approved by the Governor, integrate such plans with those for other disasters.
(d) An interim procedure for civil-disaster operations will be sent to you. Pending the receipt of this procedure, the following action should be taken if a disaster occurs:
V. REQUEST FOR ASSISTANCE IN MAJOR DISASTERS (a) When the governor of the State determines that Federal assistance under the provision of Public Law 875 will be required, he should request such assistance of the President. Public Law 875 provides :
(1) The Governor certify the need for Federal assistance, and
(2) He give assurance of expenditure of a reasonable amount of the funds of the State, local governments therein, or other agencies, for the same or similar purposes.
Sample copy of request telegram is attached as exhibit A.
(b) The State civil-defense director, if so authorized by the governor, should promptly furnish the regional director all pertinent information then available regarding the nature and magnitude of the disaster, type of assistance required, an estimate of Federal funds needed and other Federal assistance desired. The regional director should promptly forward this information wtih his recommendations to the Administrator.
(c) The governor's request will be referred by the White House to the Federal Civil Defense Administrator for recommendation.
(d) Prior coordination between the State and the regional office of the Federal Civil Defense Administration should result in the Administrator having received the regional director's recommendation. If this has not been received the Administrator will request it through our emergency communications system.
(e) The Administrator will review the regional office material and forward his recommendations to the President. The President will advise the governor of his decision. Such decision may be (1) that a major disaster exists, (2) that no major disaster exists, or (3) that final determination is withheld pending further developments.
(f) Where the President determines a major disaster exists, a written agreement will be entered into by the governor of the State and the Federal Civil Defense Administration regarding the several responsibilities of the Federal, State, and local governments.
(9) Funds allocated by the President for use in the disaster, and other Federal assistance made available, will be used in conformity with the provisions of the aforementionad agreement.
VI. REQUEST FOR ASSISTANCE IN MINOR DISASTERS
(a) When a disaster, other than a major disaster, has occurred or threatens, and the governor of the State has determined that Federal assistance will be required, the governor may request assistance from the regional director, Federal Civil Defense Administration.
(b) The State civil-defense director, if so authorized by the governor, should promptly furnish the regional director with all pertinent information regarding the disaster.
(c) Upon receipt of the governor's request, the regional director will reriew the information received and undertake to obtain Federal assistance or other Federal action within the limits of existing policy and authority.
While it is recommended that the State civil-defense director be authorized to act for the governor, it should be leacrly understood that the regional director has been instructed to cooperate with the governor and all persons designated by the governor to act in case of disaster,
It is recognized that certain types of disaster, such as the provision of food for livestock in a serious drought, may more logically be supervised by the State department of agriculture. The general designation of the State civil defense does not preclude handling such disasters in the same manner.
The coordinated assistance of Federal, State, and local agencies should prove the most effective way of alleviating suffering and damage. The Federal Civil Defense Administration is committed to this task.
SAMPLE REQUEST FOR DISASTER DECLARATION The honorable the PRESIDENT OF THE UNITED STATES,
The White House, Washington, D. C.: Heavy rainfall of the past 10 days coupled with an unprecedented snow cover in the watershed of the
River has caused the river at to reach a stage of 45.2 feet at the present time, with an anticipated crest of 51.6 by next Saturday, as compared with flood stage of 37.0. Damage, hardship, and suffering so severe that Federal assistance is required. Local and State ciril-defense organizations producing maximum effort. Red Cross and other charitable institutions rendering full assistance. All available State, county, and city funds now committed. Suggest allocation of $
ble to you under authority of Public Law 875, 81st Congress, to assist State and local effort, and such additional personnel, equipment, and material as you deem necessary.
[PUBLIC LAW 875–81st CONGRESS]
[CHAPTER 1125—2D SESSION]
[H. R. 8396)
To authorize Federal assistance to States and local governments in major disasters, and
for other purposes Be it enacted by the Senate and House Representatives of the United States of America in Congress assembled, That it is the intent of Congress to provide an orderly and continuing means of assistance by the Federal Government to States and local governments in carrying out their responsibilities to alleviate suffering and damage resulting from major disasters, to repair essential public facilities in major disasters, and to foster the development of such State and local organizations and plans to cope with major disasters as may be necessary.
Sec. 2. As used in this Act, the following terms shall be construed as follows unless a contrary intent appears from the context:
(a) "Major disaster” means any flood, drought, fire, hurricane, earthquake, storm, 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 magni. tude to warrant disaster assistance by the Federal Government to supplement the efforts and available resources of States and local governments in alleviating the damage, hardship, or suffering caused thereby, and respecting which the governor of any State (or the Board of Commissioners of the District of Columbia) in which such catastrophe may occur or threaten certifies the need for disaster assistance under this Act, and shall give assurance of expenditure of a reasonable amount of the funds of the government of such State, local governments therein, or other agencies, for the same or similar purposes with respect to such catastrophe;
(b) "United States” includes the District of Columbia, Alaska, Hawaii, Puerto Rico, and the Virgin Islands;
(c) "State” means any State in the United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands;
(d) “Governor" means the chief executive of any State;
(e) “Local government” means any county, city, village, town, district, or other political subdivision of any State, or the District of Columbia ;
(f) "Federal agency” means any department, independent establishment, Gov. ernment corporation, or other agency of the executive branch of the Federal Government, excepting, however, the American National Red Cross.
SEC. 3. In any major disaster, Federal agencies are hereby authorized when directd by the President to provide assistance (a) by utilizing or lending, with or without compensation therefor, 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; (b) by distributing, through the American National Red Cross or otherwise, medicine, food, and other consumable supplies; (c) by donating to States and local governments equipment and supplies determined under then existing law to be surplus to the needs and responsibilities of the Federal Government; and (d) by performing on public or private lands protective and other work essential for the preservation of life and property, clearing debris and wreckage, making emergency repairs to and temporary replacements of public facilities of local governments damaged or destroyed in such major disaster, and making contributions to Sates and local governments for purposes stated in subsection (d). The authority conferred by his Act, and any funds provided hereunder shall be supplemenary to, and not in substitution for, nor in limitation of, any other authority conferred or funds provided under any other law. 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 available for such services or supplies. The Federal Government shall not be liable for any claim based upon the exercise or performance or the failure to exercise or perform a discretionary funcion or duty on the part of a Federal agency or an employee of the Government in carrying out the provisions of this section.
SEC. 4. In providing such assistance hereunder, Federal agencies shall cooperate to the fullest extent possible with each other and with States and local governments, relief agencies, and the American National Red Cross, but nothing contained in this Act shall be construed to limit or in any way affect the responsibilities of the American National Red Cross under the Act approved January 5, 1905 (33 Stat. 599), as amended.
Sec. 5. (a) In the interest of providing maximum mobilization of Federal 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 to utilize its available personnel, equipment, supplies, facilities, and other resources, in accordance with the authority herein contained.
(b) The President may, from time to time, 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 directly or through such Federal agency as he may designate.
SEC. 6. If facilities owned by the United States are damaged or destroyed in any major disaster and the Federal agency having jurisdicion thereof lacks the authority or an appropriation to repair, reconstruct, or restore such facilities, such Federal agency is hereby authorized to repair, reconstruct, or restore such facilities to the extent necessary to place them in a reasonably usable condition and to use therefor any available funds not otherwise immediately required: Provided, however, That the President shall first determine that the repair, reconstruction, or restoration is of such importance and urgency that it cannot reasonably be deferred pending the enactment of specific authorizing legislation or the making of an appropriation therefor. If sufficient funds are not available to such Federal agency for use in repairing, reconstructing, or restoring such facilities as above provided, the President is authorized to transfer to such Federal agency funds made available under this Act in such amount as he may determine to be warranted in the circumstances. If said funds are insufficient for this purpose, there is hereby authorized to be appropriated to any Federal agency repairing, reconstructing, or restoring facilities under authority of this section such sum or sums as may be necessary to reimburse appropriated funds the amount expended therefrom.
SEC. 7. In carrying out the purposes of this Act, any Federal agency is authorized to accept and utilize with the consent of any State or local government, the services and facilities of such State or local government, or of any agencies, officers, or employees thereof. Any Federal agency, in performing any activities under section 3 of this Act, is authorized to employ temporarily additional personnell without regard to the civil-service laws and the Classification Act of 1923, as amended, and to incur obligations on behalf of the United States by contract or otherwise for the acquisiton, rental, or hire of equipment, services, materials, and supplies for shipping, drayage, travel and communication, 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 any agency in such amount as may be made available to it by the President out of the funds specified in section 8. The President may, also, out of such funds, reimburse any Federal agency for any of its expenditures under section 3 in connection with a major disaster, such reimbursement to be in such amounts as the President may deem appropriate.
Sec. 8. There is hereby authorized to be appropriated to the President a sum or sums, not exceeding $5,000,000 in the aggregate, to carry out the purposes of this Act. The President shall transmit to the Congress at the beginning of each regular session a full report covering the expenditure of the amounts so appropriated with the amounts of the allocations to each State under this Act. The President may from time to time transmit to the Congress supplemental reports in his discretion, all of which reports shall be referred to the Committees on Appropriations and the Committees on Public Works of the Senate and the House of Representatives.
Sec. 9. The Act of July 25, 1947 (Public Law 233, Eightieth Congress), entitled "An Act to make surplus property available for the alleviation of damage caused by flood or other catastrophe", is hereby repealed. Approved September 30, 1950.
FEDERAL CIVIL DEFENSE ADMINISTRATION
Washington 25, D. C.
July 17, 1953 To: State and local civil defense directors. Subject: Donation or loan of Federal surplus property to State and local gov.
ernments for use in major disasters.
The purpose of this advisory bulletin is:
(a) To explain the recent amendment (Public Law 134, 83d Cong.) to Public Law 875, 81st Congress, which is as follows: "* * * section 3 of the Act * is amended by striking out the clause (c) and inserting in lieu thereof the followin: '(c) by donating or lending equipment and supplies, determined under then existing law to be surplus to the needs and responsibilities of the Federal Gov. ernment, to States for use or distribution by them for the purpose of the act, including the restoration of public facilities damaged or destroyed in such major disaster for essential rehabilitation of individuals in need as the result of such major disaster'."
(b) To explain the policies and methods governing the acquisition of such Federal surplus property for use by States in a major disaster as covered by this amendment to the act.
II. AVAILABILITY The State will determine the availability of surplus property required in a major disaster program by making appropriate contacts with any Federal installation which may have surplus property on hand. The Governor or State Civil Defense Director, when authorized, will screen and submit a request for such available surplus property to the Regional Director of the Federal Civil Defense Administration with a certification as follows:
“There is attached a list of available Federal surplus property which I request be made available to the State of
as provided in Public Law 875, 81st Congress, as amended.
"I hereby certify that this Federal surplus property will be used or distributed by the State in accordance with the terms and conditions of FCDA Advisory Bulletin 144, dated July 17, 1953, and only for the purposes of said Public Law, including the restoration of public facilities damaged or destroyed, and for essential rehabilitation of individuals in need as a result of such major disaster declared by the President on
as adversely affecting the
(Date) following areas:
(List areas) Signed:
III, DIRECTIVE TO FEDERAL AGENCIES HAVING AVAILABLE SURPLUS PROPERTY
The FCDA regional office will issue a formal letter to the Federal installation involved, stating that: "Based upon the application and certification of the
of the State of State Civil Defense Director) I certify that the following items (or attached list of items) of surplus personal property are usable and necessary for relief in the major disaster area declared by the President on
(Date) as adversely affecting the following areas:
(List areas) Pursuant to the provisions of subsection (c) of section 3, of Public Law 875, 81st Congress, as amended, entitled "To authorize Federal assistance to States and local governments in major disasters, and for other purposes,' you are directed