44 CFR Part 206.5

§ 206.3

44 CFR Ch. I (10–1–11 Edition)

exempt local, State, or national organization or group which has provided
or may provide needed services to the
States, local governments, or individuals in coping with an emergency or a
major disaster.
(b) Additional definitions. Definitions
which apply to individual subparts are
found in those subparts.
[54 FR 11615, Mar. 21, 1989, as amended at 63
FR 17110, Apr. 8, 1998; 66 FR 57352, 57353, Nov.
14, 2001; 69 FR 24083, May 3, 2004; 74 FR 15346,
Apr. 3, 2009]

§ 206.3

Policy.

It is the policy of FEMA to provide
an orderly and continuing means of assistance by the Federal Government to
State and local governments in carrying out their responsibilities to alleviate the suffering and damage that
result from major disasters and emergencies by:
(a) Providing Federal assistance programs for public and private losses and
needs sustained in disasters;
(b) Encouraging the development of
comprehensive disaster preparedness
and assistance plans, programs, capabilities, and organizations by the
States and local governments;
(c) Achieving greater coordination
and responsiveness of disaster preparedness and relief programs;
(d) Encouraging individuals, States,
and local governments to obtain insurance coverage and thereby reduce their
dependence on governmental assistance; and
(e) Encouraging hazard mitigation
measures, such as development of landuse and construction regulations,
floodplain management, protection of
wetlands, and environmental planning,
to reduce losses from disasters.
§ 206.4

State emergency plans.

The State shall set forth in its emergency plan all responsibilities and actions specified in the Stafford Act and
these regulations that are required of
the State and its political subdivisions
to prepare for and respond to major
disasters and emergencies and to facilitate the delivery of Federal disaster assistance. Although not mandatory,
prior to the adoption of the final plan,
the State is encouraged to circulate

the plan to local governments for review and comment.
[55 FR 2288, Jan. 23, 1990, 55 FR 5458, Feb. 15,
1990]

§ 206.5 Assistance by other Federal
agencies.
(a) In any declared major disaster,
the Administrator, Assistant Administrator for the Disaster Operations Directorate, or the Regional Administrator may direct any Federal agency
to utilize its authorities and the resources granted to it under Federal law
(including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) to support
State and local assistance efforts.
(b) In any declared emergency, the
Administrator,
Assistant
Administrator for the Disaster Operations Directorate, or the Regional Administrator may direct any Federal agency
to utilize its authorities and the resources granted to it under Federal law
(including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) to support
emergency efforts by State and local
governments to save lives; protect
property, public health and safety; and
lessen or avert the threat of a catastrophe.
(c) In any declared major disaster or
emergency, the Administrator, Assistant Administrator for the Disaster Operations Directorate, or the Regional
Administrator may direct any Federal
agency to provide emergency assistance necessary to save lives and to protect property, public health, and safety
by:
(1) Utilizing, lending, or donating to
State and local governments Federal
equipment, supplies, facilities, personnel, and other resources, other than
the extension of credit, for use or distribution by such governments in accordance with the purposes of this Act;
(2) Distributing medicine, food, and
other consumable supplies; or
(3) Performing work or services to
provide emergency assistance authorized in the Stafford Act.
(d) Disaster assistance by other Federal agencies is subject to the coordination of the FCO. Federal agencies
shall provide any reports or information about disaster assistance rendered

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Federal Emergency Management Agency, DHS
under the provisions of these regulations or authorities independent of the
Stafford Act, that the FCO or Regional
Administrator considers necessary and
requests from the agencies.
(e) Assistance furnished by any Federal agency under paragraphs (a), (b),
or (c) of this section is subject to the
criteria provided by the Assistant Administrator for the Disaster Operations
Directorate under these regulations.
(f) Assistance under paragraphs (a),
(b), or (c) of this section, when directed
by the Administrator, Assistant Administrator for the Disaster Operations
Directorate, or the Regional Administrator, does not apply to nor shall it affect the authority of any Federal agency to provide disaster assistance independent of the Stafford Act.
(g) In carrying out the purposes of
the Stafford Act, any Federal agency
may accept and utilize, with the consent of the State or local government,
the services, personnel, materials, and
facilities of any State or local government, agency, office, or employee.
Such utilization shall not make such
services, materials, or facilities Federal in nature nor make the State or
local government or agency an arm or
agent of the Federal Government.
(h) Any Federal agency charged with
the administration of a Federal assistance program may, if so requested by
the applicant State or local authorities, modify or waive, for a major disaster, such administrative conditions
for assistance as would otherwise prevent the giving of assistance under
such programs if the inability to meet
such conditions is a result of the major
disaster.
§ 206.6 Donation or loan of Federal
equipment and supplies.
(a) In any major disaster or emergency, the Administrator, Assistant
Administrator for the Disaster Operations Directorate, or the Regional Administrator may direct Federal agencies to donate or loan their equipment
and supplies to State and local governments for use and distribution by them
for the purposes of the Stafford Act.
(b) A donation or loan may include
equipment and supplies determined
under applicable laws and regulations
to be surplus to the needs and respon-

§ 206.8

sibilities of the Federal Government.
The State shall certify that the surplus
property is usable and necessary for
current disaster purposes in order to
receive a donation or loan. Such a donation or loan is made in accordance
with procedures prescribed by the General Services Administration.
§ 206.7 Implementation of assistance
from other Federal agencies.
All directives, known as mission assignments, to other Federal agencies
shall be in writing, or shall be confirmed in writing if made orally, and
shall identify the specific task to be
performed and the requirements or criteria to be followed. If the Federal
agency is to be reimbursed, the letter
will also contain a dollar amount
which is not to be exceeded in accomplishing the task without prior approval of the issuing official.
§ 206.8 Reimbursement of other Federal agencies.
(a) Assistance furnished under § 206.5
(a) or (b) of this subpart may be provided with or without compensation as
considered appropriate by the Administrator, Assistant Administrator for the
Disaster Assistance Directorate, or the
Regional Administrator or Regional
Director.
(b) The Administrator, Assistant Administrator for the Disaster Assistance
Directorate, or the Regional Administrator or the Regional Director may
not approve reimbursement of costs incurred while performing work pursuant
to disaster assistance authorities independent of the Stafford Act.
(c) Expenditures eligible for reimbursement. The Administrator, Assistant Administrator for the Disaster Assistance
Directorate, or the Regional Administrator or the Regional Director may
approve reimbursement of the following costs which are incurred in providing requested assistance.
(1) Overtime, travel, and per diem of
permanent Federal agency personnel.
(2) Wages, travel, and per diem of
temporary Federal agency personnel
assigned solely to performance of services directed by the Administrator, Assistant Administrator for the Disaster
Assistance Directorate, or the Regional
Administrator or the Regional Director

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