these regulations and which is not excluded pursuant to § 2205.63.

(b) "Financial assistance for acquis:tion or construction purposes" means any form of Federal financial assistance which is intended in whole or in part for the acquisition, construction, reconstruction, repair, or improvement of any publicly or privately owned building or mobile home, and for any machinery, equipment, fixtures, and furnishings contained or to be contained therein.

(c) "Building" means a walled and roofed structure, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a mobile home on foundation.

(d) "Community" means any State or area or political subdivision thereof, or any Indian tribe or authorized tribal organization, or Alaska Native village or organization, for which an application for participation in the National Flood Insurance program is made and which has authority to adopt and enforce flood plain management regulations for the areas within its jurisdiction. Unincorporated communities or private nonprofit facilities which may be otherwise eligible for Federal disaster assistance but do not fulfill the above definition must meet the flood insurance requirements of these regulations and must be sponsored by an applicant (community) which fulfills this definition in cases when the provision of the Flood Disaster Protection Act applies.

(Sec. 205, Flood Disaster Protection Act of 1973, Pub. L. 93-234)

[40 FR 23253, May 28, 1975, as amended at 41 FR 14758, Apr. 7, 1976]

§ 2205.63 Exclusions.

(a) The following categories of Federal disaster assistance authorized under the Act are excluded from the provisions of the Flood Disaster Protection Act of 1973:

(1) Federal financial assistance for emergency work essential for the protection and preservation of life and property eligible for Federal reimbursement under the Act. This exemption includes eligible emergency work under: (i) Subpart B (Emergencies);

(a) Federal financial assistance for permanent work on buildings in an area identified by the Federal Insurance Administratɔr as having special flood hazards unless exempted above, is subject to the full restrictions and limitations imposed by the Flood Disaster Protection Act of 1973 for all project applications approved for such buildings in accordance with the following:

(1) Effective March 2, 1974, if the Federal Insurance Administrator has identified the areas having special flood hazards in a community in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, any building and contents not covered by flood insurance for the full insurable value or the maximum amount of insurance available, whichever is the lesser, is not eligible for Federal financial assistance.

(2) For all project applications approved after June 30, 1975, if the Federal Insurance Administrator has identified an area in a community as having special flood hazards and the community is not participating in the flood insurance program under the National Flood Insurance Act of 1968, restorative work as the result of disaster damage to buildings in a special flood hazard area is ineligible for Federal financial assistance.

(3) In the case of paragraph (a) (1) or (2) of this section, any building may become eligible for Federal financial assistance, if the community concerned within six months after the date of the Federal Damage Survey Report qualifies for and enters the flood insurance program; obtains and maintains the necessary flood insur

ance policy for the anticipated life of the restorative work or of the insured property, whichever is the lesser, as determined by the Regional Director; and provides FDAA with written evidence thereof.

(4) Flood insurance is required in connection with obtaining Federal financial assistance for permanent restorative work within an identified flood-hazard area, even if a flood had not occasioned the major disaster declaration. If the applicant replaces a building outside of the special flood hazard area, Federal financial assistance for eligible permanent restorative work will not be denied for failure to insure or failure of the community to participate in the flood insurance program.

(b) Where permanent repair, replacement, or relocation is involved, flood-proofing not required by locally applicable codes, specifications, and standards shall be accomplished at the owner's expense.

(c) The Regional Director will work closely with the State Coordinating Officer, State and local governments, and the field staff of the Federal Insurance Administration to ensure that the provisions of this part for special flood hazard areas are considered in the processing and approval of project applications under § 2205.7. In addition, the Regional Director will require compliance with the provisions in this part in issuing mission assignments for direct Federal assistance under § 2205.8 whenever property subject to the provisions of the Flood Disaster Protection Act of 1973 is involved.

(d) For any State-owned building not covered by an approved State policy of self-insurance, the Regional Director shall require proof of adequate flood insurance covering proposed permanent restorative work eligible for reimbursement under the Act.

(e) When an eligible applicant for permanent restorative work to buildings damaged by a disaster provides proof of flood insurance to obtain Federal financial assistance he makes a commitment to continue the flood insurance for the useful life of the eligible restorative work, as determined by

the Regional Director. For those buildings on which the eligible applicant is delinquent on flood insurance commitments, the Regional Director shall suspend any future Federal financial assistance until such delinquency is eliminated.

(f) When a State has been approved by the Federal Insurance Administrator as a self-insurer, the Regional Director shall determine the amount of self-insurance applicable to any building damaged by a major disaster and shall deduct such self-insurance coverage from the Federal grant for permanent restorative work.

(g) In administering this section, Regional Directors will utilize current information obtained from the Federal Insurance Administration to identify States having a satisfactory program of self-insurance, the communities eligible for flood insurance under the regular or emergency programs, flood hazard boundary maps and flood insurance rate maps.

Subpart F-Other Insurance

§2205.65 General.

Provisions of this subpart do not apply to Flood Insurance under the Flood Disaster Protection Act of 1973. Pub. L. 93-234, which is covered under Subpart E of this part.

§ 2205.66 Definitions as used in this subpart.

(a) "Assistance" means any form of Federal grant under sections 402 or 419, to replace, restore, repair, reconstruct or construct any property as the result of a major disaster and which is not excluded pursuant to § 2205.67.

(b) "Property” means any structure, vehicles, equipment, materials, or supplies.

§ 2205.67 Exclusions.

The following categories of Federal disaster assistance are excluded from the requirements to obtain and maintain such insurance as is required by section 314 of the Act, and this subpart:

(a) Emergency assistance provided under section 305 or 306, of the Act.

(b) Assistance otherwise eligible under section 402 or 419 of the Act for any State-owned property that is cov ered by an adequate State policy of self-insurance approved by the Administrator.

(c) Assistance under section 402 or 419 of the Act for any property for which insurance is not reasonably available, adequate, and necessary, including but not limited to: Roads, streets, bridges, and other highway facilities, traffic controls, parking meters, drainage channels and debris basins, dikes and levees, pumping stations, and utility distribution systems.

§ 2205.68 Applicability.

(a) The requirements of this subpart shall apply to all assistance pursuant to section 402 or 419 of the Act with respect to any major disaster declared by the President after May 22, 1974.

(b) No such assistance shall be approved unless the applicant has provided assurances, acceptable to the Regional Director, that any insurance required under these regulations will be obtained and maintained.

(c) Approval of otherwise eligible project applications may be deferred by the Regional Director for not to exceed six months to permit the applicant to provide such assurances referred to in paragraph (b) of this section. The Administrator, when he deems necessary, may extend the time for submission of such assurances by the applicant.

(d) No applicant for assistance under sections 402 and 419 of the Act shall receive such assistance for any property or part thereof for which he has previously received assistance under the Act unless insurance required under section 314 of the Act and these regulations has been obtained and maintained with respect to such property.

(e) Insurance requirements prescribed in this subpart shall apply equally to private non-profit facilities which receive assistance under section 402(b) of the Act. Private non-profit organizations shall submit necessary documentation and assurances pursuant to this subpart through the appropriate applicant.

§ 2205.69 Type of insurance.

Assurances by the applicant under this subpart to obtain reasonably available, adequate, and necessary insurance shall be required only for the type or types of hazard included in the declaration of the major disaster in which the damages occurred. The Regional Director shall not require greater types and extent of insurance than are certified to him as reasonable by the appropriate State Insurance Commissioner responsible for regulation of such insurance.

§ 2205.70 Extent of insurance.

Prior to approval of assistance under section 402 or 419 of the Act to replace, restore, repair, reconstruct, or construct any property for which insurance is required under this subpart, the applicant shall provide assurances acceptable to the Regional Director that he will obtain and maintain reasonably available, adequate, and necessary insurance to protest against future loss to the property. Such insurance must protect against loss to the property and not solely to that portion which was damaged or destroyed by the major disaster.

§ 2205.71 Duration of insurance coverage.

The applicant shall provide assurances that the required insurance coverage will be maintained for the anticipated life of the restorative work or of the insured property, whichever is the lesser.

§ 2205.72 Assurances for categorical grants.

Where insurance is required, under this subpart the applicant shall submit evidence of applicable insurance coverage or other related assurances with his project application. The type and extent of such insurance coverage will be subject to approval by the Regional Director.

§ 2205.73 Assurances for flexible funding.

When applying for assistance under the provisions of sections 402(f) and 419 of the Act, the applicant shall provide assurances acceptable to the Regional Director that it will obtain and

maintain such insurance as required by section 314 of the Act and the regulation in this subpart. As part of such assurance the applicant shall agree to provide to the Regional Director a listing of insured property including location, description, extent and duration of insurance coverage, name and address of the insurer, and applicable insurance policy numbers. The Regional Director, after review of the listing and schedule required by § 2205.54(h)(1)(iv) and other reviews as he deems necessary shall, if appropriate, require the applicant to obtain additional insurance pursuant to the Act and these regulations.

[40 FR 23253, May 28, 1975; 40 FR 28609, July 8, 1975]

§ 2205.74 Self-insurance.

A State may elect to act as a self-insurer with respect to any or all of the facilities belonging to it. Such an election, if declared in writing at the time of accepting assistance under sections 402 or 419 of the Act or subsequently, and accompanied by a plan for self-insurance which is satisfactory to the Administrator, shall be deemed compliance with subsection 314(a) of the Act. No such self-insurer shall receive assistance under such sections for any property or part thereof for which it has previously received assistance under the Act, to the extent that insurance for such property or part thereof would have been reasonably available.

Subpart G-Disaster Preparedness Assistance

§ 2205.75 General.

(a) The purpose of this subpart is to prescribe the standards and procedures to be followed in implementing Pub. L. 93-288 Title II-Disaster Preparedness Assistance, section 201, Federal and State Disaster Preparedness Programs.

(b) The disaster preparedness program shall be carried out in accordance with the policies set forth in § 2205.3 and the following priorities:

(1) To prepare for the efficient and expeditious provision of disaster relief.

(2) To mitigate potential disaster effects on persons and property through warning, evacuation, and emergency protective measures.

(3) To reduce the effects of hazards through effective land use and construction practices and by eliminating or lessening disaster-producing events. § 2205.76 Definitions.

As used in this subpart.

(a) "Disaster preparedness plans" means those plans prepared by Federal, State, and local governments in advance of anticipated disasters for the purpose of assuring effective management and delivery of aid to disaster victims, and providing for disaster mitigation, warning, rehabilitation, and recovery.

(b) "Financial assistance" means grants from the President's Disaster Relief Fund under authority of section 201 of the Act.

(c) "State disaster preparedness coordinator" means the person designated by the Governor or by State law as responsible for overall disaster preparedness program coordination or management.

(d) "Technical assistance" means provision of guidance through advice and consultations, workshops and conferences, studies and analyses, reports and instructional materials, and other services.

(e) "Vulnerability analysis" means a systematic investigation of potential disasters in terms of probability, frequency, magnitude, and location, in order to forecast their probable effects, in specific geographical areas, on the people, systems, facilities, resources, and institutions.

§ 2205.77 Federal Disaster Preparedness Program.

(a) The Administrator is authorized to establish a program of disaster preparedness that utilizes the services of all appropriate agencies and to provide overall management of that program by:

(1) Providing policy guidance to Federal agencies and conducting program reviews of Federal activities relating to disaster preparedness.

(2) Directing the preparation and review of Federal disaster preparedness plans.

(3) Determining goals and arranging for training of Federal and State personnel, and conducting exercises, critiques, and evaluations to enhance disaster preparedness programs.

(4) Sponsoring and monitoring disaster-related research and the application of science and technology to Federal, State, and local disaster preparedness plans and programs.

(b) The Regional Director shall establish a regional program of disaster preparedness that is consistent with the overall national program and with the State programs within his region and shall manage that regional program by:

(1) Reviewing Federal agency, State, and local disaster preparedness and response activities and recommending improvements.

(2) Assisting the States in accordance with the Act and these regulations.

(3) Coordinating the disaster preparedness programs of Federal agencies within his region.

(4) Preparing plans and conducting training, exercises, critiques, and evaluations to enhance Federal agencies' preparedness for disaster assistance; arranging for and carrying out such activities in conjunction with the States to ensure coordinated Federal, State, and local response to disasters.

§ 2205.78 Technical assistance.

(a) The Regional Director shall, upon request, provide technical assistance to the States, in accordance with the priorities specified in § 2205.75(b) of these regulations, for comprehensive plans and practicable programs for preparation against disasters, including hazard reduction, avoidance, and mitigation and for assistance to individuals, businesses, and State and local governments following such disasters.

(b) Particular emphasis shall be given to technical assistance in the following aspects of disaster prepared

ness:

(1) The drafting of disaster related State legislation and executive authorities.

(2) Vulnerability analyses.

(3) Work plans and other documentation for disaster preparedness grants.

(4) State and local disaster preparedness programs and procedures. (5) Staff training, workshops, and seminars.

(6) Disaster assistance exercises. (7) Program evaluation.

(8) Public information and education programs.

(9) Application of technological information to the disaster preparedness program.

(c) The Regional Director shall also advise the States regarding complementary Federal programs that will enhance State and local disaster assistance and preparedness.

(d) Requests for Federal technical assistance under section 201(b) of the Act shall be made by the Governor or the State disaster preparedness coordinator to the Regional Director.

(1) The request for technical assistance shall indicate as specifically as possible the objectives, nature, and duration of the requested assistance; the recipient agency or organization within the State; the State official responsible for utilizing such assistance; 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.

(2) The State shall provide assurance that technical assistance does not duplicate any existing State capability, any State or local effort funded by the Federal Government, or any Federal assistance provided under other authority.

(e) Nothing in these regulations shall be construed to prevent the States from obtaining appropriate technical assistance from other sources, including other Federal agencies under such agencies' own statutory or delegated authorities.

[40 FR 23253, May 28, 1975; 40 FR 28609, July 8, 1975)