Current through Vol. 42, No. 1, September 16, 2024
Work to restore eligible facilities on the basis of the
design and function of such facilities as they existed immediately prior to the
disaster and in conformity with the following is eligible:
(1)
Assistance under other State or
Federal agency programs. Generally, disaster assistance will not be made
available under the Act when another State or Federal agency has specific
authority to restore facilities damaged or destroyed by an event which is
declared a major disaster.
(2)
Standards. For the costs of repair or replacement standards which
change the predisaster design and construction of facility to be eligible, the
standards must meet Federal and State guidelines.
(3)
Hazard mitigation. In
approving grant assistance for restoration of facilities, the SCO may require
cost effective hazard mitigation measures not required by applicable standards.
The cost of any requirements for hazard mitigation placed on restoration
projects by OEM will be an eligible cost for State assistance, not to exceed
the cumulative annual maximum allowed.
(4)
Repair vs. replacement.
(A) A facility is considered repairable when
disaster damages do not exceed 50 percent of the cost of replacing a facility
to its predisaster condition, and it is feasible to repair the facility so that
it can perform the function for which it was being used as well as it did
immediately prior to the disaster.
(B) If a damaged facility is not repairable
in accordance with paragraph (d)(1) of this section, approved restorative work
may include replacement of the facility. The eligible Applicant may elect to
perform repairs to the facility, in lieu of replacement, if such work is in
conformity with applicable standards. However, eligible costs shall be limited
to the less expensive of repairs or replacement.
(C) An exception to the limitation in
paragraph (d)(2) of this section may be allowed for facilities eligible for or
on the National Register of Historic Properties. If an applicable standard
requires repair in a certain manner, costs associated with that standard will
be eligible.
(5)
Relocation.
(A) The SCO may
approve funding for and require restoration of a destroyed facility at a new
location when:
(i) The facility is and will
be subject to repetitive heavy damage;
(ii) The approval is not barred by other
provisions.
(iii) The overall
project worksheet (PW), including all costs, is cost effective.
(B) When relocation is required by
the SCO, eligible work includes land acquisition and ancillary facilities such
as roads and utilities, in addition to work normally eligible as part of a
facility reconstruction. Demolition and removal of the old facility is also an
eligible cost.
(C) When relocation
is required by the SCO, no future funding for repair or replacement of a
facility at the original site will be approved.
(D) When relocation is required by the SCO,
and, instead of relocation, the eligible Applicant's requests approval of an
"alternate project", eligible costs will be limited to 90 percent of the
estimate of restoration at the original location excluding hazard mitigation
measures.
(E) If relocation of a
facility is not feasible or cost effective, the SCO shall disapprove funding
for the original location when he/she determines that restoration in the
original location is not allowed. In such cases, an alternate project may be
applied for.
(6)
Equipment and furnishings. If equipment and furnishings are
damaged beyond repair, comparable items are eligible as replacement
items.
(7)
Library books and
publications. Replacement of library books and publications is based on
an inventory of the quantities of various categories of books or publications
damaged or destroyed. Cataloging and other work incidental to replacement are
eligible.
(8)
Beaches.
(A) Replacement of sand on an unimproved
natural beach is not eligible.
(B)
Improved beaches. Work on an improved beach may be eligible under
the following conditions:
(i) The beach was
constructed by the placement of sand (of proper grain size) to a designed
elevation, width, and slope; and
(ii) A maintenance program involving periodic
renourishment of sand must have been established and adhered to by the
applicant.
(9)
Restrictions.
(A)
Alternative use facilities.
If a facility was being used for purposes other than those for which it was
designed, restoration will only be eligible to the extent necessary to restore
the immediate predisaster alternate purpose.
(B)
Inactive facilities.
Facilities that were not in active use at the time of the disaster are not
eligible except in those instances where the facilities were only temporarily
inoperative for repairs or remodeling.
Added at 11 Ok Reg 4611,
eff 8-26-94 (emergency); Added at 12 Ok Reg 3320, eff
8-11-95
