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GOLDEN, COLORADO 80401
November 25, 1977
Mr. Charles E. Benton, Jr. Manager
Consolidated House Supply Ditch & Reservoir Co. 3225 S. County Road #31
Loveland, Colorado 80537
Dear Charles:
Enclosed is an extension of time to cover the work period which authorizes the additional time you had to have to complete your project. This should be filed with your project application.
The State auditor is still waiting for you to forward to him some necessary paper work. Please get to him as soon as pos-sible so we can get your final payment in the paper mill again.
Sincerely,
ogan R. Rappe Governor's Aut LRR/bd
:4 hill*
44vo 20:
REGION VIII
25TH FLOOR, EXECUTIVE TOWER BUILDING, DENVER, COLORADO 80202
IN REPLY REFER TO:
November 11, 1977
1 4 /I
Mr. Logan R. Rappe
Governor's Authorized Representative
Disaster Emergency Services
Camp George West
Golden, Colorado 80401
Dear Mr. Rappe:
Reference is made to your letter of November 7, 1977, requesting an
extension of time for Consolidated Home Supply Ditch and Reservoir
Company, FDAA-517-DR-13, to complete work on their project application.
Since the company was not able to get the contractor to complete the
work by the original deadline on Line Item T-2-2, we are granting an
extension until August 2, 1977. Please notify the applicant of this
extension.
Sincerely,
ona d G. Eddy
Regional Director
TRANSM
ITTAL
3300.6 REV12/31/75
1.. This transmits the following:
Handbook 3300.6, "Federal Disaster Assistance Program -Eligibility Handbook Under Public Law 93-288."
2. Explanation of Material Submitted:
This handbook provides guidelines for determining public assistance work eligibility under the Disaster Relief Act of 1974, Public Law 93-288.
3. Filing Instructions:
Insert:
Handbook 3300.6, dated 12/75.
•
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3300.6
FEDERAL DISASTER
ASSISTANCE PROGRAM
ELIGIBILITY HANDBOOK
UNDER PUBLIC LAW 93 - 288
DECEMBER 1975
A HUD HANDBOOK
FEDERAL DISASTER ASSISTANCE ADMINISTRATION U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, D. C. 20410
Paragraph TABLE OF CONTENTS CHAPTER 1. INTRODUCTION Page 1-1. Purpose 1-1 1-2. Authority 1-1 1-3. Scope 1-1
1-4. Nature of Federal Assistance 1-2
1-5. Importance of Federal Damage Survey Reports 1-3
1-6. Codes, Specifications and Standards 1-4
CHAPTER 2. MAJOR DISASTER FIELD ORGANIZATION
2-1. FDAA Regional Director 2-1
2-2. The Federal Coordinating Officer 2-1
2-3. The State Coordinating Officer 2-2
2-4. Governor's Authorized Representative 2-2
• 2-5. Field Offices 2-2
CHAPTER 3. FIELD ASSESSMENTS
3-1. Field Assessments 3-1
3-2. Severity and Magnitude Measures 3-1
3-3. Methods and Organization 3-2
3-4. Reporting 3-2
CHAPTER 4. DETAILED DAMAGE SURVEY REPORTS
4-1. Purpose and Scope 4-1
4-2. FDAA Assignments 4-1
4-3. Responsibilities of Federal Inspectors 4-1
4-4. Request for Inspection of Damages 4-2
4-5. Procedures 4-3
4-6. Submissions and Resurveys 4-5
CHAPTER 5. ELIGIBILITY OF WORK 5-1. General
5-2. Eligible Applicants
5-3. Categories of Eligible Work. 5-4. General Eligibility Criteria
5-5. Categories of Work
5-6. Categories of Eligible Cost
5-1 5-1 5-1* 5-3 5-17 5-65 12/75 HUD-Wash., D. C.
Paragraph
CHAPTER 6. SPECIAL CONSIDERATIONS
6-1. Purpose
6-2. Flood Insurance 6-3. Other Insurance. .
6-4. Protection of Environment
CHAPTER 7. INSPECTION OF WORK
Page 6-1 6-1 6-4 6-5 7-1. Purpose 7-1 7-2. In-Progress Inspections 7-1 -3., Progress Reports 7-2 7-4. Final Inspection 7-2 Appendixes
1. Disaster Assistance Reference Publications, and Federal Agency and National Associations and Abbreviations 2. Engineering and Design Services
3. Notice of Interest 4. Damage Survey Report 5. Bridge Survey
6. Pumping Equipment Survey 7. Building Survey
8. Flood Insurance Survey 9. Insurance Commitment 10. Project Application
11. Inspector's Environmental Information
12. Engineering Review
13 - Final Inspection Report
14. Summary of Documentation
12/75
HUD-Wash., D. C.
CHAPTER 1. INTRODUCTION
1-1. PURPOSE. This handbook provides guidelines for deter-mining eligible applicants for public assistance and categories of eligible work under the Disaster Relief Act of 1974, Public Law 93-288. That Act includes, modifies, and expands the provisions of earlier legis-lation dealing with disaster relief, laying the founda-tion dealing with disaster relief, laying the foundafounda-tion for both public and private assistance. The law is
implemented through Executive Order 11795 reserving to the President the authority to declare a "major disaster" or an "emergency" and delegating majo.rxesponsibilities
under the Act to the Secretary, Department of Housing and Urban Development. Most of these responsibilities have been further delegated to the Administrator and Regional Directors of the Federal Disaster Assistance Administration.
1-2. AUTHORITY. The Federal Disaster Assistance Adminis-tration (FDAA), Department of Housing and Urban De-velopment, has been delegated the responsibility for providing Federal disaster assistance under the pro-visions of the Disaster Relief Act of 1974. This law authorizes FDAA to coordinate the activities of
Federal agencies in providing disaster assistance, and to direct any Federal agency to utilize its available personnel, supplies, facilities, and other resources in providing such assistance as the result of a major disaster, or emergency determination.
1-3. SCOPE. This handbook covers criteria for determining eligibility plus policies and procedures related to Damage Survey Reports and inspections of completed work. Although it has been prepared primarily for use by Federal and State Inspectors, as the result of an emergency or major disaster, local agencies involved may also find the information helpful.
1-1 12/75
1-4. NATURE OF FEDERAL ASSISTANCE.
a. Supplementary Nature. Federal disaster assis-tance is intended to supplement but hot to be a substitute for that afforded by the States and their political subdivisions and by private re-lief organizations. When a Governor believes that Federal assistance is necessary to supple-ment the efforts and available resources of the State and local government, he may request that the President declare a major disaster or make an emergency determination in order to implement the provisions of PL 93-288, the Disaster Relief Act of 1974. Additional statutes authorize other Federal agencies to provide disaster assistance. When a major disaster is declared or an emergency is determined, such Federal assistance is subject to coordination by FDAA. Some Federal disaster assistance programs can be provided without a major disaster declaration.
b. Duplication of Benefits. No person, business con-cern or other entity is entitled to Federal aid which duplicates financial assistance under any other program for the same major disaster or emer-gency damage. Therefore, they cannot receive
assis-tance under PL 93-288 with respect to any part of a loss for which they:
(1) Have or will receive financial assistance under other Federal programs
(2) Have or will receive compensation from insurance or any other source
(3) Have or can receive compensation through salvage of damaged facilities or components
c. Use of Local Firms and Individuals. In the ex-penditure of Federal funds for debris clearance, distribution of supplies, reconstruction, and other major disaster assistance activities carried out by contract with private organiza-tions, firms, or individuals, preference shall be given, to the extent feasible, to those organiza-tions, firms, and individuals who reside or do business primarily in the disaster area.
12/75
1-2
1-5. IMPORTANCE OF FEDERAL DAMAGE SURVEY REPORTS.
a. Federal and State Inspectors should make every effort to provide the FDAA with clear and concise Federal Damage Survey Reports (DSR). These re-ports form the basis for the determination by the Regional Director of eligible work by approval or denial of specific line items in a project appli-cation. It should be emphasized that these DSRs do not constitute any FDAA approval of work or commitment of Federal funds. Federal Inspectors shall inform applicants that FDAA written approval of a project application is required to determine the scope of eligible work and to obligate Federal funds. Procedures regarding Federal DSRs are described in detail in Chapter 4 of this handbook. The DSR should be complete and provide a specific statement of the extent of damages, a complete description of the damaged facility, a statement of the scope of eligible work, and detailed esti-mate of the reasonable cost of eligible work. Since 90% flexible funding under Section 402(f) or 100% in-lieu contribution under Section 419 of Public Law 93-288 will be based on Government estimates, the reliability and validity of the DSR is of major importance. (See Appendix 4). b. Responsibility. Maximum use of photographs, maps,
drawings, etc., should be included as part of the report to provide complete documentation and description. The DSR is considered to be a pro-fessional engineering report and recommendation, and should be representative of acceptable
engineering practices and agency expertise. .In preparing this report, the Federal inspector must recognize that his recommendation is his best estimate of work for which the Federal Gov-ernment can provide reimbursement under the Act. His responsibilities to FDAA in this work are just as great as his responsibilities to his own Agency under any other program.
1-3 12/75
1-6. CODES, SPECIFICATIONS, AND STANDARDS. For the purposes of this handbook, current applicable codes, specifica-tions, and standards are those which relate directly to the health and safety of persons using the damaged facility and which were in general use and were en-forced locally at the time of the disaster. If such codes, specifications, and standards are not in writing, the applicant must provide evidence, and a Federal
official shall verify, that the codes, specifications, and standards, were in use at the time of the disaster. Where no codes, specifications, or standards, as pre-scribed above, apply to eligible restorative work, Federal funding will be limited to restoring the
facility to its predisaster condition and predisaster design in accordance with minimum safety standards prescribed by the Administrator. If compliance with locally applicable codes, specifications, and standards in effect at the time of the disaster clearly will not result in a safe and usable facility, the Administrator may authorize appropriate deviations.
12/75 1-4
CHAPTER 2. DISASTER FIELD ORGANIZATION
2-1. FDAA REGIONAL DIRECTOR. The Federal Disaster Assis-tance Administration maintains ten Regional Offices across the country, each headed by a Regional Director (RD). The authorities and responsibilities of the Regional Director for disaster assistance include the following:
a. Contacting the State agency responsible for disaster assistance and local officials to coor-dinate activities and obtain information needed to evaluate a Governor's request for the declara-tion of a major disaster or emergency.
b. Assigning and deploying Regional Offico represen-tatives to the affected disaster areas to estab-lish temporary field offices or to perform damage assessments or surveys.
c. Alerting Federal agencies for participation if required.
d. Requesting Federal disaster damage assessments if required.
e. Directing and coordinating the disaster assistance activities of Federal agencies.
f. Ensuring that Federal disaster assistance supple-ments, not substitutes for, assistance afforded by State, local, and private- agencies.
2-2. THE FEDERAL COORDINATING OFFICER. Appointed by the Administrator of FDAA for each major disaster, the Federal Coordinating Officer (FCO) is responsible for:
a. Making an initial appraisal of the types of assis-tance most urgently needed.
b. Rendering Federal disaster assistance as expedi-tiously as possible.
c: Bringing together all Federal agencies having disaster assistance programs and coordinating their activities.
2-1
HUD-Wash., D. C.
d. Establishing field offices at the disaster scene, with the required representation by Federal
agency personnel.
e. Coordinating the efforts of private relief organizations, such as the Red Cross, that agree
to operate under his supervision.
f. Taking any other appropriate action to help local citizens and public officials obtain the assis-tance to which they are entitled. In most cases, the Regional Director responsible for the affected area will be appointed FCO. When the FCO is other than the Regional Director, he will report to the Regional Director responsible for the area.
2-3. THE STATE COORDINATING OFFICER. The State Coordina-ting Officer (SCO) is the State official designated by the Governor to act as his principal assistant in the coordination and supervision of the State disaster assistance program and to act in cooperation with the Federal Coordinating Officer. The SCO serves as the focal point for political subdivisions of the State in obtaining needed Federal assistance. His functions,
responsibilities and authorities are set forth in the State Emergency Plan.
2-4. THE GOVERNOR'S AUTHORIZED REPRESENTATIVE. The
Gover-nor's Authorized Representative is the person named by the Governor in the Federal-State Agreement to execute, on behalf of the State, all necessary documents for disaster assistance following the declaration of an emergency or a major disaster, including certification of applications for public assistance.
2-5. FIELD OFFICES. After the President has declared a
major disaster or an emergency, FDAA may establish temporary field offices within the affected area. These offices are under the supervision of the FCO and are staffed with representatives of appropriate Federal agencies. The location of these offices will be closely coordinated with the SCO. These field personnel, in addition to providing prompt assistance to disaster victims, are responsible for advising the State on Federal project eligibility and on project applications, including the timely completion of accurate damage survey reports.
12/75 2-2
•
CHAPTER 3. FIELD ASSESSMENTS
3-1. FIELD ASSESSMENTS. The purpose of field assessments is to provide preliminary estimates and descriptions, based on actual observations by government engineers or inspectors, of the nature and extent of damages, resulting from a disaster, and of the Federal assist-ance potentially eligible under the Act.
3-2. SEVERITY AND MAGNITUDE MEASURES. The severity and magnitude of a particular emergency or major disaster are based on a number of considerations. These include, but are not limited to, the following:
a. The total area affected.
b. The severity and magnitude of the damage in general terms, covering the following: (1) Casualties
(2) Damage to public buildings, utilities and facilities, including parks and recreational areas
(3) Damage to private, nonprofit, educational, utility, emergency, medical, and custodial care facilities, including those on Indian reservations
(4) Damage to private property, primary resi-dences and businesses
*
Field assessments are not to be confused with Damage Survey Reports described in Chapter 4.
3-1
HUD-Wash., D. C.
(5) Number of families requiring temporary shel-ter and housing
(6) Number of persons unemployed as a result of the disaster
(7) The loss of communications and transportation . facilities and services
(8) Other
c. The adequacy of State, local government and relief
organization efforts and 'resources.
d. The capability of Federal agencies to render assistance under their separate authorities. e. The estimated needs for Federal assistance (by
FDAA category or by Federal agency program). 3-3. METHODS AND ORGANIZATION. In those instances when a
Governor considers asking for PL 93-288 assistance, the State normally prepares a damage assessment and submits a cost estimate of public, private, and agricultural property damages, to serve as a basis for the Governor's request for an emergency or a major disaster declaration by the President. When-ever possible, a joint Federal/State assessment should be made to verify the estimates of public and private damages supporting the Governor's request. Survey methods may consist of aerial inspections, photo in-terpretation, drive through (windshield) surveys, or other methods.
3-4. REPORTING. The results of preliminary Federal assess-ments should be reported within a short period, usually not to exceed 2 or 3 days after the assessment is
initiated by FDAA. If specific details pertaining to certain categories of Federal assistance cannot be obtained within this short time span, these details
1.2/75
3-2
HUD-Wash., D. C.
may be transmitted later and should not delay the initial report. When the Governor requests assistance for an emergency, the report may be limited to those considerations relevant to the request. The Regional Director will specify to each Federal agency what damages will be assessed and the detail and format for the initial report. Based on initial reports from all of the involved Federal agencies, the Regional Director will assess the situation and the requirements for Federal assistance. He will report his findings and recommendations to the Administrator.
3-3
HUD-Wash., D. C.
that approved for repair or replacement under PL 93-288. Construction for which a contribution may be made is considered to be of a design,
size or type, or composed of materials significantly different from those which will constitute
eligible repair or replacement. Approval and payment of grants-in-lieu will be based on the following:
(1) A grant-in-lieu is only available under a categorical grant.
(2) Separate requests must be submitted for each grant-in-lieu based on a Damage Survey Report and the standardized
grant-in-lieu request may be used as an attachment.
(3) The application line item to which the grant-in-lieu applies must be separate from
all other line items, and the RD's conditions of approval will be stated separately
for each grant-in-lieu.
(4) The facility to which the grant-in-lieu is applied must serve the same purpose or function as the damaged facility.
(5) If the reRair_gf the disaster-cau_sed_dam,age to a structure or facility would not restore it to aisafe usable condition, the inspector should recommend that a grant-in-lieu
be made rather than performing the repair.
(6) The amount for which a grant-in-lieu is approved will be limited to the estimated costs of the eligible work.
(7) The amount of a grant-in-lieu will be established by the Regional Director's approval of the project application and
may not later be increased to cover inflation, delays, or other similar unforeseen circum-stances. No grant-in-lieu may be approved by the Regional Director to provide for pro-portionate sharing of project costs. The only permissible basis for increasing or reducing the Federal funding under a grant-in-lieu is an error or omission in defining the approved scope of eligible work or in the approved estimated reasonable costs of such work.
(8) When the Regional Director determines that a grant-in-lieu is necessary in the public interest, he may require the applicant to submit an acceptable alternative
for restorative work on a grant-in-lieu basis. (9) In cases where the actual audited costs for
completing the project are less than the approved FDAA grant-in-lieu, the FDAA final payment will not exceed the actual audited costs. In such cases, the auditor will recommend appropriate reductions from the actual project costs for those completed betterments that had been identified
at the time of approval of the grant-in-lieu. o. Use of Funds to Supplement FDAA Grants. There
is no FDAA limitation or restriction on the source of funds which the applicant may employ to supplement the FDAA grant-in-lieu of reim-bursement for repair or reconstruction. The applicant may use funds available from the grant programs of other Federal agencies so long as the prohibition against duplication of benefits, Section 315, PL 93-288, is not violated or
it is not in violation of the other Federal agencies' grant programs. Examples of such transactions could include the restoration
12/75 5-12
•
and extension of the sewage systems or the new construction of a City Hall complex housing all municipal service and administrative offices.
p. Disaster Proofing. Disaster proofing consists of those minimum alterations or modifications
• to damaged facilities that could be expected
to prevent or substantially reduce future
damages to the repaired or reconstructed facility, or to make it disaster-resistant. The cost of disaster proofing measures is limited to a small percentage of otherwise eligible costs. The determination of what disaster proofing will be approved shall be made by the Regional Director.
q. Procurement
(1) General. The State shall assure that procurement of work and services under
project applications complies with provisions of the Act, and with State or local statutes, regulations, and ordinances not in conflict with Federal procurement policies or procedures covering procurement of such supplies and
services by such State or the political subdivision thereof.
(2) Contingent Payments. The State must assure that no contract entered into by an applicant contains a provision which makes the payment for such work contingent upon reimbursement under the Act.
(3) Competitive Bidding. Contracting for work
should be based, wherever possible, on com-petitive bids. If removal of debris or wreck-age is to be performed, fixed price or unit price (cubic yard) contracts are preferred
over equipment rentals or hourly rate contracts because they are usually less expensive.
Equip-5-13
HUD-Wash., D. C.
ment rental or hourly rate contracts require considerable governmental supervision and are frequently slower. Prior approval of the Regional Director should be obtained before the applicant utilizes such contracts. Time is rarely saved by eliminating competitive bidding and proper contract procedures. It is especially important that negotiated contracts not be used once the immediate post-disaster emergency has ended. Cost-plus contracting can rarely be justified and should be approved in advance by the Governor's Authorized Representa-tive and the Regional Director (RD). However, in no event shall a "cost-plus-a-percentage-of-cost" method of contracting be approved.
(4) Debarred Contractors. The State shall not
contract with parties whose names appear on the HUD Consolidated List of Debarred, Sus-pended and Ineligible Contractors unless it has been determined by the Administrator, on an individual contract basis, that it is in the best interest of the Government. The Consolidated List may be secured from a HUD Area Office or an FDAA Regional office.
r. Emergency Work should be performed to meet the
mini-mum, safe usable standards and should use the most economical materials available to meet the emergency requirements. Compliance with codes, specifica-tions, and standards applicable to permanent res-toration work is not necessary for emergency work. When a major disaster has been declared and circum-stances are such that permanent restoration of a facility can be quickly accomplished, or when no practical emergency alternative is available, eligible work should be considered only under permanent restoration categories.
s. Permanent Work
(1) Permanent repair or replacement of eligible damaged facilities must be based on the design of the facility in its predisaster condition
12/75 5-14
and must conform with applicable codes, specifications, and standards which relate exclusively to the restoration or repair of only the damaged portion of the facility. Pre-disaster design refers to the size or capacity of the facility immediately before the disaster. Current applicable codes,
specifications, and standards are those minimum
criteria that relate directly to the health and safety of persons using the facility which were enforced by the applicant in the affected area at the time of the disaster.
(2) Federal assistance for permanent restoration may not exceed the net cost of restoring a facility to pre-disaster design conditions in accordance with current applicable codes, standards and specifications. Reimbursement from insurance on the damaged facility, the salvage value of the damaged facility, and other Federal financial participation in restoration work shall be deducted in deter-mining the eligible net cost.
(3) If the Regional Director determines that the
damages to the facility resulting from the major disaster are repairable, only repairs are eligible. In such cases, tha facility should be restored to its pre-disaster capac-ity. A facility is considered repairable when in terms of current applicable codes specifications and standards in effect at the time of the disaster:
(a) It is technically feasible to repair the facility so that it can perform the
function for which it was designed as well as it did immediately prior to the disaster.
(b) Such repairs can be made at a cost less . than the estimated cost of replacing the damaged structure on the basis of its design immediately prior to the disaster. If an applicant desires to replace a facility that is repairable, assistance . may be provided as a grant-in-lieu limited
to the estimated costs of eligible repairs.
5-15
12/75
(c) If the facility was in a damaged or unsafe condition prior to the major disaster, the applicant shall agree to pay the cost of correcting any such conditions as a prerequisite to Federal assistance.
(4) The determination of eligibility for PL 93-288 funding to make repairs or to replace a damaged facility is the respon-sibility of the FDAA Regional Director. When the local applicant does not agree that a damaged facility is repairable, the Regional Director may approve a grant-in-lieu for the eligible repair costs.
(5) In exceptional cases, and when fully justified, some disaster proofing may be eligible. The work and costs associated with recommended disaster proofing should be clearly identified on the Damage Survey Report.
(6) Estimates on Damage Survey Reports for permanent replacement of structures or facilities should be accompanied by photographs of the damage
and sketches of the proposed structures, showing
the dimensions of the project to be constructed and its relationship to existing facilities. A reference and verification covering use of the applicable codes, specifications, and standards requiring changes in the project from its
predisaster design should be included. A copy of any written standards must be attached to the Damage Survey Report, or adequately referenced.
(7) In cases where a structure or facility is deter-mined to be repairable, the costs of demolition and removal of the total facility are not ' eligible. In those cases when it is not repair-able, and must be replaced, those costs related to demolition and removal of the existing
structure or facility are eligible.
.12/75 5-16
S
5-5. CATEGORIES OF WORK
a. Category A - Debris Clearance.
(1) General Eligibility.
(a) Debris and wreckage clearance as the result of a major disaster
will be within guidelines for emer-gency work provided and as determined by the Regional Director to be in the public interest, which shall consider:
1 Whether removal of such debris and wreckage is necessary
to eliminate threats to life and property.
2 Whether removal of such debris and wreckage is necessary to eliminate a 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.
4 Whether a benefit is derived, directly or indirectly, to the community-at-large.
(b) Any removal of debris and wreckage is
limited to that caused by the major dis-aster or emergency. Costs for removal of debris and wreckage from publicly or privately owned lands and waters are eligible whenever such work is determined by FDAA to be in the public interest.
5-17 12/75
(c) No authority to remove debris through the use of Federal agencies shall be exer-cised unless the affected State or local government first arranges uncon-ditional authorization for removal of such debris or wreckage from public and private property, and agrees to indemnify the Federal Government against any claim arising from such removal.
2) Guidelines.
(a) Grading. Debris should be cleared only to the extent corresponding to rough grading.
(b) Building Foundations. Removal of building foundations should be limited generally to shallow masonry footings • and slabs which can be broken and
piled by a bulldozer.
(c) Tree Stumps. Tree stumps will be cut only to ground level; uprooted tree stumps may be cleared as debris.
(3) Examples of Eligibility. Some examples of eligibility for clearance of debris and wreckage are:
(a) Roads and Streets to permit the orderly flow of traffic. This includes roads on the Federal Aid or other designated systems only when Title 23 is not being invoked by the Federal Highway Administration. Consult
the FCO for further guidance when necessary.
12/75 5-18
..
(b) Drainage Ditches alongside roads to restore adequate runoff of storm water.
(c) Any Debris that constitutes a health or safety hazard to the general public.
(d) Water Supply Reservoirs as necessary to prevent clogging of intakes and damage to appurtenant structures or to restore water storage capacity for immediate service requirements.
(e) Removal of Public and Private Buildings damaged by the major disaster to the extent they are beyond economical repair and present a threat to the safety
of the general public. Such conditions must be attested to by local authorities and verified by State and Federal
officials. Care must be exercised not to authorize removal of buildings that were condemned for removal
by local authorities prior
to the disaster due to age, unsafe conditions, or other reasons.
Local authorities must provide all rights-or-entry and permits to legally enter the property, and to hold the U.S. Government safe and free from any suits of damage which may result from the accomplishment of such work.
(f) Private Buildings which were moved off their foundations normally are eligible only for removal as debris. The only exception is where the building is structurally sound and is blocking a public right-of-wayS. In such cases the building may be moved to the nearest suitable location where it can be
temporarily or permanently placed. Ad-ditional costs for placing the building on a permanent foundation or moving to a more distant location will
be the responsibility of the applicant or property owner.
(4) Ineligible Work.
(a) No Federal reimbursement will be made to a State or local government for reimbursement of an individual or non-governmental entity for the cost of removing debris from his own property.
(b) Any salvage value of debris or wreckage cleared under an application for public assistance shall be deducted from the Federal reimbursement for expenses
actually incurred for such clearance of debris and wreckage.
12/75
5-20
HUD-Wash., D. C.
O
b. Cateor B - Protective Measures.
(1) General Eligibility. Protective measures to protect public health and safety and to prevent imminent damage to public or private property may be eligible. Such emergency work to pro-tect property must be justified by a favorable ratio of benefits to Federal costs involved and provide widespread benefits to the community at large.
(2) Criteria.
(a) Emergency protective measures shall include but not be limited to search and rescue, demolition of unsafe structures, warning of further risks and hazards, public information on health and safety measures, and actions necessary to remove or to reduce immediate threats to public property, or to private property when in the public interest.
(b) Emergency protective work to prevent addi-tional damage to beach and shore property may be eligible only when the effects of a major disaster have severely damaged or destroyed the existing beach and shore protective devices and further destruction to improved property is threatened by sub-sequent storms. When allowable, such
emergency work will be limited to the minimum essential measure required to protect the community at large against a storm that would be expected to occur not less frequently than every five years and not for a storm upon which design of a permanent protection project
would be based. This time requirement will vary at different locations and
5-21
12/75
(3)
will be determined by FDAA on an individual basis. In no event will work be approved that would provide protection beyond that which existed prior to the disaster. The FDAA Regional Director will determine the type and scope of protection to be provided.
Examples of Eligible Work. Specific examples of eligibility for protection and preservation assistance include, but are not limited to, the following:
(a) Buttress Construction to protect improved property in imminent danger may be eligible, when approved in advance by the Regional Director.
(b) Construction of Emergency Flood Protective Levees where immediately required for protection of life and property is eligible. Work by individuals to protect their homes or businesses is not eligible.
(c) Pumping and Sandbagging in connection with disaster affected flood protection facilities is an eligible cost.
Costs to the local applicant for sandbags used for protective purposes are eligible. Reimbursable costs
for pumping are limited to expenditures over and above normal costs incurred. (d) Shoring Up of Damaged Public and Private
Property is eligible where necessary to protect the general public. If
shoring is not technically or economically feasible, removal of the hazardous
12/75
5-22
structure in part, or in its entirety, may be authorized under Category A.
Boarding Up Windows and other enclosures of public buildings to afford protection against the elements and to safeguard from looting is eligible.
(f) Out-of-Pocket Expenses for Safety Barricades, Signs, and Warning Devices are eligible.
(g)
Cost of Extra Police requiredduring the emergency period is eligible.
(h) Emergency Drainage Channel and Stream Clearance. Such clearance shall be limited. to the removal of materials in the channel which are foreign to that channel, which were deposited by the disaster, and which constitute an immediate threat to life or improved property, including any control or other structures such as dams, checks, and bridges. Channel clearance includes clearance of rivers and streams as well as man-made drainage channels.
In the management and conduct of emergency stream clearance projects every effort will be made to insure satisfactory accomplishment of the necessary work in a manner that will minimize undesirable environmental effects. These effects include disturbance to fish and game habitat and to the natural aesthetic qualities of an area, protection from disposal of debris materials and of hydrological and water qualities.
5-23
HUD-Wash., D. C.
Close liaison will be maintained
on approved FDAA debris removal projects with Federal, State and local environmental agencies to insure compliance with
existing laws and regulations governing these activities.
(i) The following may be eligible, but will require a determination of essen-tiality by the Regional Director for public safety and health reasons:
1 Burying or Proper Disposal of Dead Animals where necessary to protect public health and safety is eligible.
2 Drainage of Water Trapped as a result of the disaster which has been determined to be a safety or health hazard to the general public is eligible. This may require either the construction of ditches and channels or a pumping operation, whichever is the most feasible and economical. 3 Pumping of Basements is eligible
only where necessary to protect public health and safety and there is widespread flooding of basements and the State or local government performs the pumping.
4 Decontamination of Private Wells
or pumping septic tanks is eligible only where pollution creates a danger to public health and safety. Individual cases of contamination are not eligible.
12/75. 5724
5 Vector Control of Insects is
eligible provided a serious health hazard to humans has resulted or is developing from the disaster which is clearly beyond state and local capabilities. Such vector control must be approved by the FDAA Regional Director._ Vector control work merely to eliminate a nuisance condition clearly not a serious health hazard, is not eligible.
(4) Examples of Ineligible Work, Specific examples of ineligibility for emergency protective and preservative assistance
include but are not limited to the following: (a) Silt, gravel, and boulder deposits
which do not seriously affect channel flow are ineligible. Such deposits that are similar to deposits which
existed prior to the disaster would seldom be eligible. For any such deposit
to be eligible for removal, an immediate threat to life and property involving the general public must clearly exist until these deposits are removed.
(b) Debris on a flood plain on private property above flood stage which does not affect health and safety of the general public . and which normal high water would
not move into the channel.
(c) Extensive channeling which needlessly damages the ecology of certain areas in order to restore the channel to pre-disaster capacity.
5-25
HUD-Wash., D. C.
d) Emergency bank protection shall be limited to that necessary to protect seriously eroded or eroding sections of channel bank where there is an immediate threat to improved property oi channel structures. Such protection should be limited to
sand bags, dumped rip-rap or, in some instances, a small amount of sodding. In the event that the threat of
erosion is imminent and other work is being performed in the channel, seeding
of. banks may be eligible to prevent
future erosion. Eligibility of seeding is discussed further under Category D, Paragraph 5-5, d(4)(a).
c. Category C. -- Road Systems.
(1) General Eligibility of Emergency Work
(a) Eligible are existing street, road, and highway facilities maintained
by an applicant, except those facilities on the Federal Aid and other designated systems under the statutory authority of the Federal Highway Administration.
(b) Methods of repair and materials utilized to accomplish emergency repairs or replace-ments should generally be the most
economical available that meet the minimum requirements at the site. (2) Limitations of Emergency Work
(a) If detours or bypass roads are feasible, such provisions will constitute emergency , replacement.
12/75 5-26
that approved for repair or replacement under PL 93-288. Construction for which a contribution may be made is considered to be of a design,
size or type, or composed of materials significantly different from those which will constitute
eligible repair or replacement. Approval and payment of grants-in-lieu will be based on the following:
(1) A-grant-in-lieu is only available under a categorical grant.
(2) Separate requests must be submitted for each grant-in-lieu based on a Damage Survey Report and the standardized
grant-in-lieu request may be used as an attachment.
(3) The application line item to which the grant-in-lieu applies must be separate from
all other line items, and the RD's conditions of approval will be stated separately
for each grant-in-lieu.
(4) The facility to which the grant-in-lieu is applied must serve the same purpose or function as the damaged facility.
(5) If the repair_af the disaster-cau ed daMaq9 to a structure or facility would not restore it to aisafe usable condition, the inspector should recommend that a grant-in-lieu
be made rather than performing the repair.
(6) The amount for which a grant-in-lieu is approved will be limited to the estimated costs of the eligible work.
(7) The amount of a grant-in-lieu will be established by the Regional Director's approval of the project application and
may not later be increased to cover inflation, delays, or other similar unforeseen circum-stances. No grant-in-lieu may be approved by the Regional Director to provide for pro-portionate sharing of project costs. The only permissible basis for increasing or reducing the Federal funding under a grant-in-lieu is an error or omission in defining the approved scope of eligible work or in the approved estimated reasonable costs of such work.
(8) When the Regional Director determines that a grant-in-lieu is necessary in the public interest, he may require the applicant . to submit an acceptable alternative
for restorative work on a grant-in-lieu basis. (9) In cases where the actual audited costs for
completing the project are less than the approved FDAA grant-in-lieu, the FDAA final payment will not exceed the actual audited costs. In such cases, the auditor will recommend appropriate reductions from the actual project costs for those completed betterments that had been identified
at the time of approval of the grant-in-lieu. o. Use of Funds to Supplement FDAA Grants. There
is no FDAA limitation or restriction on the source of funds which the applicant may employ to supplement the FDAA grant-in-lieu of reim-bursement for repair or reconstruction. The applicant may use funds available from the grant programs of other Federal agencies so long as the prohibition against duplication of benefits, Section 315, PL 93-288, is not violated or
it is not in violation of the other Federal agencies' grant programs. Examples of such transactions could include the restoration
12/75 5-12
and extension of the sewage systems or the new construction of a City Hall complex housing all municipal service and administrative offices.
p. Disaster Proofing. ,Disaster proofing consists of those minimum alterations or modifications to damaged facilities that could be expected to prevent or substantially reduce future
damages to the repaired or reconstructed facility, or to make it disaster-resistant. The cost of disaster proofing measures is limited to a small percentage of otherwise eligible costs. The determination of what disaster proofing will be approved shall be made by the Regional Director.
q. Procurement
(1) General. The State shall assure that procurement of work and services under
project applications complies with provisions of the Act, and with State or local statutes, regulations, and ordinances not in conflict with Federal procurement policies or procedures covering procurement of such supplies and
services by such State or the political subdivision thereof.
(2) Contingent Payments. The State must assure that no contract entered into by an applicant contains a provision which makes the payment for such work contingent upon reimbursement under the Act.
(3) Competitive Bidding. Contracting for work
should be based, wherever possible, on com-petitive bids. If removal of debris or wreck-age is to be performed, fixed price or unit price (cubic yard) contracts are preferred over equipment rentals or hourly rate contracts because they are usually less expensive.
Equip-5-13
12/75
ment rental or hourly rate contracts require considerable governmental supervision and are frequently slower. Prior approval of the Regional Director should be obtained before the applicant utilizes such contracts. Time is rarely saved by eliminating competitive bidding and proper contract procedures. It is especially important that negotiated contracts not be used once the immediate post-disaster emergency has ended. Cost-plus contracting can rarely be justified and should be approved in advance by the Governor's Authorized Representa-tive and the Regional Director (RD). However, in no event shall a "cost-plus-a-percentage-of-cost" method of contracting be approved.
(4) Debarred Contractors. The State shall not
contract with parties whose names appear on the HUD Consolidated List of Debarred, Sus-pended and Ineligible Contractors unless it has been determined by the Administrator, on an individual contract basis, that it is in the best interest of the Government. The Consolidated List may be secured from a HUD Area Office or an FDAA Regional office.
r. Emergency Work should be performed to meet the
mini-mum, safe usable standards and should use the most economical materials available to meet the emergency requirements. Compliance with codes, specifica-tions, and standards applicable to permanent res-toration work is not necessary for emergency work. When a major disaster has been declared and circum-stances are such that permanent restoration of a facility can be quickly accomplished, or when no practical emergency alternative is available, eligible work should be considered only under permanent restoration categories.
s. Permanent Work
(1) Permanent repair or replacement of eligible damaged facilities must be based on the design of the facility in its predisaster condition
12/75 5-14
•
and must conform with applicable codes, specifications, and standards which relate exclusively to the restoration or repair of only the damaged portion of the facility. Pre-disaster design refers to the size or capacity of the facility immediately before the disaster. Current applicable codes,
specifications, and standards are those minimum
criteria that relate directly to the health and safety of persons using the facility which
were enforced by the
applicant
in the affectedarea at the time of the disaster.
(2) Federal assistance for permanent restoration may not exceed the net cost of restoring a facility to pre-disaster design conditions in accordance with current applicable codes, standards and specifications. Reimbursement from insurance on the damaged facility, the salvage value of the damaged facility, and other Federal financial participation in restoration work shall be deducted in deter-mining the eligible net cost.
(3) If the Regional Director determines that the damages to the facility resulting from the major disaster are repairable, only repairs are eligible. In such cases, tha facility should be restored to its pre-disaster capac-ity. A facility is considered repairable when in terms of current applicable codes specifications and standards in effect at the time of the disaster:
(a) It is technically feasible to repair the facility so that it can perform the
function for which it was designed as well as it did immediately prior to the disaster.
(b) Such repairs can be made at a cost less . than the estimated cost of replacing the damaged structure on the basis of its design immediately prior to the disaster. If an applicant desires to replace a facility that is repairable, assistance . may be provided as a grant-in-lieu limited
to the estimated costs of eligible repairs.
5-15
HUD-Wash., D. C.
(c) If the facility was in a damaged or unsafe condition prior to the major disaster, the applicant shall agree to pay the cost of correcting any such conditions as a prerequisite to Federal assistance.
(4) The determination of eligibility for PL 93-288 funding to make repairs or to replace a damaged facility is the respon-sibility of the FDAA Regional Director. When the local applicant does not agree that a damaged facility is repairable, the Regional Director may approve a grant-in-lieu for the eligible repair costs.
(5) In exceptional cases, and when fully justified, some disaster proofAmg may be eligible. The work and costs associated with recommended disaster proofing should be clearly identified on the Damage Survey Report.
(6) Estimates on Damage Survey Reports for permanent replacement of structures or facilities should be accompanied by photographs of the damage
and sketches of the proposed structures, showing
the dimensions of the project to be constructed and its relationship to existing facilities. A reference and verification covering use of the applicable codes, specifications, and standards requiring changes in the project from its
predisaster design should be included. A copy of any written standards must be attached to the Damage Survey Reports or adequately referenced.
(7) In cases where a structure or facility is deter-mined to be repairable, the costs of demolition and removal of the total facility are not ' eligible. In those cases when it is not repair-able, and must be replaced, those costs related to demolition and removal of the existing
structure or facility are eligible.
.12/75 5-16
5-5. CATEGORIES OF WORK
a. Category A - Debris Clearance.
(1) General Eligibility.
(a) Debris and wreckage clearance as the result of a major disaster
will be within guidelines for emer-gency work provided and as determined by the Regional Director to be in the public interest, which shall consider:
1 Whether removal of such debris and wreckage is necessary
to eliminate threats to life and property.
2 Whether removal of such debris and wreckage is necessary to eliminate a 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.
4 Whether a benefit is derived, directly or indirectly, to the community-at-large.
(b) Any removal of debris and wreckage is limited to that caused by the major
dis-aster or emergency. Costs for removal of debris and wreckage from publicly or privately owned lands and waters are eligible whenever such work is determined by FDAA to be in the public interest.
5-17 12/75
(c) No authority to remove debris through the use of Federal agencies shall be exer-cised unless the affected State or local government first arranges uncon-ditional authorization for removal of such debris or wreckage from public and private property, and agrees to indemnify the Federal Government against any claim
arising from such removal.
(2) Guidelines.
(a) Grading. Debris should be cleared only to the extent corresponding to rough grading.
(b) Building Foundations. Removal of building foundations should be limited generally to shallow masonry footings and slabs which can be broken and piled by a bulldozer.
(c) Tree Stumps. Tree stumps will be cut only to ground level; uprooted tree stumps may be cleared as debris.
(3) Examples of Eligibility. Some examples of eligibility for clearance of debris and wreckage are:
(a) Roads and Streets to permit the orderly flow of traffic. This includes roads on the Federal Aid or other designated systems only when Title 23 is not being invoked by the Federal Highway Administration. Consult
the FCO for further guidance when necessary.
12/75 5-18
(b) Drainage Ditches alongside roads to restore adequate runoff of storm water.
(c) Any Debris that constitutes a health or safety hazard to the general public.
(d) Water Supply Reservoirs as necessary to prevent clogging of intakes and damage to appurtenant structures or to restore water storage capacity for immediate service requirements.
(e) Removal of Public and Private Buildings damaged by the major disaster to the extent they are beyond economical repair and present a threat to the safety
of the general public. Such conditions must be attested to by local authorities and verified by State and Federal
officials. Care must be exercised not to authorize removal of buildings that were condemned for removal
by local authorities prior
to the disaster due to age, unsafe conditions, or other reasons. Local authorities must provide all rights-or-entry and permits to legally enter the property, and to hold the U.S. Government safe and free from any suits of damage which may result from the accomplishment of such work.
(f) Private Buildings which were moved off their foundations normally are eligible only for removal as debris. The only exception is where the building is structurally sound and is blocking a public right-of-way-. In such cases the building may be moved to the nearest suitable location where it can be
temporarily or permanently placed. Ad-ditional costs for placing the building on a permanent foundation or moving to a more distant location will
be the responsibility of the applicant or property owner.
(4) Ineligible Work.
(a) No Federal reimbursement will be made to a State or local government for reimbursement of an individual or non-governmental entity for the cost of removing debris from his own property.
(b) Ay salvage value of debris or wreckage
cleared under an application for public assistance shall be deducted from the Federal reimbursement for expenses • actually incurred for such clearance of
debris and wreckage.
12/75
5-20
b. Category B - Protective Measures.
(1) General Eligibility. Protective measures to protect public health and safety and to prevent imminent damage to public or private property may be eligible. Such emergency work to pro-tect property must be justified by a favorable ratio of benefits to Federal costs involved and provide widespread benefits to the community at large.
(2) Criteria.
(a) Emergency protective measures shall include but not be limited to search and rescue, demolition of unsafe structures, warning of further risks and hazards, public information on health and safety measures, and actions necessary to remove or to reduce immediate threats to public property, or to private property when in the public interest.
(b) Emergency protective work to prevent addi-tional damage to beach and shore property may be eligible only when the effects of a major disaster have severely damaged or destroyed the existing beach and shore protective devices and further destruction to improved property is threatened by sub-sequent storms. When allowable, such
emergency work will be limited to the minimum essential measure required to protect the community at large against a storm that would be expected to occur not less frequently than every five years and not for a storm upon which design of a permanent protection project
would be based. This time requirement will vary at different locations and
5-21
12/75
(3)
will be determined by FDAA on an individual basis. In no event will work be approved that would provide protection beyond that which existed prior to the disaster. The FDAA Regional Director will determine the type and scope of protection to be provided.
Examples of Eligible Work. Specific examples of eligibility for protection and preservation assistance include, but are not limited to, the following:
(a) Buttress Construction to protect improved property in imminent danger may be eligible, when approved in advance by the Regional Director.
(b) Construction of Emergency Flood Protective Levees where immediately required for protection of life and property is eligible. Work by individuals to protect their homes or businesses is not eligible.
(c) Pumping and Sandbagging in connection with disaster affected flood protection facilities is an eligible cost.
Costs to.the local applicant for sandbags used for protective purposes are eligible. Reimbursable costs
for pumping are limited to expenditures over and above normal costs incurred. (d) Shoring Up of Damaged Public and Private
Property is eligible where necessary to protect the general public. If
shoring is not technically or economically feasible, removal of the hazardous
12/75
5-22
(f)
structure in part, or in its entirety, may be authorized under Category A.
Boarding Up Windows and other enclosures of public buildings to afford protection against the elements and to safeguard from looting is eligible.
Out-of-Pocket Expenses for Safety Barricades, Signs, and Warning Devices are eligible.
Cost of Extra Police required during the emergency period is eligible.
(h) Emergency Drainage Channel and Stream Clearance. Such clearance shall be limited to the removal of materials in the channel which are foreign to that channel, which were deposited by the disaster, and which constitute an immediate threat to life or improved property, including any control or other structures such as dams, checks, and bridges. Channel clearance includes clearance of rivers and streams as well as man-made drainage channels.
In the management and conduct of emergency stream clearance projects every effort will be made to insure satisfactory accomplishment of the necessary work in a manner that will minimize undesirable environmental effects. These effects include disturbance to fish and game habitat and to the natural aesthetic qualities of an area, protection from disposal of debris materials and of hydrological and water qualities.
5-23
HUD-Wash., D. C.
Close liaison will be maintained
on approved FDAA debris removal projects with Federal, State and local environmental agencies to insure compliance with
existing laws and regulations governing these activities.
(i) The following may be eligible, but will require a determination of essen-tiality by the Regional Director for public safety and health reasons:
1 BurYIng or Proper Disposal of Dead Animals where necessary to protect public health and safety is eligible.
2 Drainage of Water Trapped as a result of the disaster which has been determined to be a safety or health hazard to the general public is eligible. This may require either the construction of ditches and channels or a pumping operation, whichever is the most feasible and economical. 3 Pumping of Basements is eligible
only where necessary to protect public health and safety and there is widespread flooding of basements and the State or local government performs the pumping.
4 Decontamination of Private Wells or pumping septic tanks is eligible only where pollution creates a danger to public health and safety. Individual cases of contamination are not eligible.
12/75 5-24
5 Vector Control of Insects is
eligible provided a serious health hazard to humans has resulted or is developing from the disaster which is clearly beyond state and local capabilities. Such vector control must be approved by the FDAA Regional Director._ Vector control work merely to eliminate a nuisance condition clearly not a serious health hazard, is not eligible.
(4) Examples of Ineligible Work, Specific examples of ineligibility for emergency protective and preservative assistance
include but are not limited to the following: (a) Silt, gravel, and boulder deposits
which do not seriously affect channel flow are ineligible. Such deposits that are similar to deposits which
existed prior to the disaster would seldom be eligible. For any such deposit
to be eligible for removal, an immediate threat to life and property involving the general public must clearly exist until these deposits are removed.
(b) Debris on a flood plain on private property above flood stage which does not affect health and safety of the general public and which normal high water would
not move into the channel.
(c) Extensive channeling which needlessly damages the ecology of certain areas in order to restore the channel to pre-disaster capacity.
5-25
HUD-Wash., D. C.
(d) Emergency bank protection shall be limited to that necessary to protect seriously eroded or eroding sections of channel bank where there is an immediate threat to improved property or channel structures. Such protection should be limited to
sand bags, dumped rip-rap or, in some instances, a small amount of sodding. In the event that the threat of
erosion is imminent and other work is being performed in the channel, seeding
of. banks may be eligible to prevent
future erosion. Eligibility of seeding is discussed further under Category D, Paragraph 5-5, d(4)(a).
c. Category C. -- Road Systems.
(1) General Eligibility of Emergency Work (a) Eligible are existing street, road,
and highway facilities maintained
by an applicant, except those facilities on the Federal Aid and other designated systems under the statutory authority of the Federal Highway Administration.
(b) Methods of repair and materials utilized to accomplish emergency repairs or replace-ments should generally be the most
economical available that meet the minimum requirements at the site.
(2) Limitations of Emergency Work
(a) If detours or bypass roads are feasible, such provisions will constitute emergency replacement.
12/75 5-26
•••••
•
HUD-Wash., D. C.(b) Emergency repair or replacement will be limited to the minimum required to provide safe two-way traffic, except that the predisaster roadway width, will not be exceeded.
(c) Emergency repair or replacement will not be eligible if the existing road
network will handle the traffic requirement.
(3) Criteria for Emergency Work. Examples of specific criteria to be used as guidance for emergency repair or replacement of streets and roads are as follows:
(a) The construction of an emergency detour or bypass road as required to accommodate traffic during restoration of an
eligible damaged facility.
(b) Where paved roads and streets have been damaged to an extent that holes,
cracks, blisters, or other areas of deterioration have made them
impassable or create a hazard to personal safety, patching is eligible. Gravel or its local equivalent will normally
provide a minimum safe repair to accomo-date light movement of traffic.
Bituminous patching may be authorized on roads or streets subject to heavy or high speed traffic.
(c) Substitute replacement with gravel or .other surfacing material is eligible
where hard road surfacing has been damaged to an extent as to make patching impractical. The volume, flow, and type of traffic, and the
5-27
12/75
3300.6 REV
length of time the temporary repairs will be in use, shall be the controlling factors in determining the kind of
replacement material to be used in providing a minimum all-weather road.
(4) Non ublic Streets Roads and Brid es.
(a) Related facilities that are not publicly owned or are not under the direct super-vision of an eligible applicant may be eligible as a result of a major disaster for emergency repairs or replacement provided:
1 The owner of the facility is not able to make or finance the emergency repairs necessary to return the
facility to operation, and
2 It serves a public purpose to the community at large and is available at all times and essential for public use, and
3 It is considered essential for public health and safety with no alternate facilities immediately available within a reasonable distance, and
4 The necessary emergency work can be provided on a one-time basis and will in no way obligate the Federal Government to fund further emergency work or maintenance.
(b) Limitations. Such approval is on the basis that these repairs constitute emergency work essential for the immediate preservation of life and
12/75
5-28
,
a
(5)
property. The repair or reconstruction of these facilities is limited to
providing the minimum effort to make them passable, or to replacing them with emergency facilities, whichever is less costly to the
Federal Government. Current engineering design codes, specifications, and
standards are not applicable to
this emergency work. Permanent restora-tion of these facilities is not
authorized. If the estimated cost of the work exceeds $2,000 per family or business served, the matter should be referred to the FDAA Regional Director for guidance.
General Eligibility of Permanent Work
(a) Existing streets, roads, and highway Eacilities which are maintained by an
eligible applicant, and which are damaged or destroyed as a result of a major disaster may be eligible for restoration on the
basis of pre-disaster design in conformity with current applicable codes, specifications, and standards, when not covered by insurance. (b) Highway facilities are any construction
features within the public right-of-way that are essential to make the street, road, or facility itself a functional whole. They include, but are not limited to, bridges, drainage structures, travelled way, shoulders, and safety features.
(c) Facilities which are repairable to pre-disaster capacity are not eligible for replacement if the estimated cost of replacement is more than the estimated cost of repairs. However, in those cases where the advisability of repairing the facility is questioned by the applicant
5-29
HUD-Wash., D. C.
or by the State, a determination by the Regional Director is required to verify whether the facility shall be repaired or replaced in accordance with FDAA minimum safety standards. Eligible repairs shall be limited to restoring the damaged portions of the facility to pre-disaster design capacity in
conformity with current applicable codes, standards, or specifications for repair. If the applicant desires to replace the facility rather than repair it, he may request a grant-in-lieu based on the eligible cost of repairs.
(d) Before a Damage Survey Report is prepared for a damaged bridge, the Federal Inspector should identify the stretch of road which generally includes this bridge. He should classify the road involved as to type (rural, urban, or industrial). He should also note those characteristics of the involved road that would have a bearing on the bridge design capacity, including traffic count; posted speed; width of road surface, shoulders, and bridges; type of pavement; load limits; flood
frequency; detours; etc. A Bridge Survey (Appendix 5) may be prescribed by the Regional Director for reporting such information.
(6) Guidelines for Permanent Work
(a). Nonessential Features: Although constructed and maintained by the applicant,
non-functional features of only aesthetic
value such as landscaping are not eligible.
(b) Facilities Not in Use. If a street, road, or highway facility was not in use due to obsolescence or generally unsafe condition prior to the major disaster, repair or
repl4cement of such structure is ineligible.
12/75 5-30
(c) Facilities which were in limited use prior to the disaster, or were being used for other purposes than originally designed, may be eligible for assist-ance only to the extent necessary to resume immediate predisaster use, and in conformity with current applicable codes, specifications, and standards.
(d) Bridge Replacement Projects are to include only those items that are directly related .to the bridge design and are within the .bridge right-of-way.
(e) Replacement of Bridges will be in accordance with current applicable local pre-disaster codes, specifications, and standards and FDAA minimum ‘safety standards in the fol-lowing paragraphs. If local standards require bridge widths or other improve-ments which exceed the minimum safe requirements outlined in the following paragraphs, the applicant must provide verification acceptable to the FCO that such standards were in actual use prior to the disaster under like circumstances. Best evidence of the increased standard are recently constructed local bridges with comparable circumstances.
(f) Minimum Safe Bridges -- It is the intent of FDAA that no unsafe bridges be built using Federal funds. Therefore, in order to provide safe and usable bridges, the following minimum standards will be met even where local standards do not
specifically require such minimums, or would otherwise specify less. However, an exception may be approved by the
Regional Director for replacement bridges already under construction to local codes, specifications and standards prior to the damage survey.
5-31
HUD-Wash., D. C.
