Executive Order 10737—Further Providing for the Administration of Disaster Relief

By virtue of the authority vested in me by the Act of September 30, 1950, entitled "An Act to authorize Federal assistance to States and local governments in major disasters, and for other purposes," as amended (42 U.S.C. 1855–1855g), hereinafter referred to as the Act, it is hereby ordered as follows:

SECTION 1. Any State in which a major disaster has occurred which can establish the need for Federal assistance and which shall give such assurance as may be required of expenditure of a reasonable amount of the funds of the government of such State, local governments therein, or other agencies, for the same or similar purpose with respect to such disaster shall be eligible to receive Federal assistance under this order.

SEC. 2. The following procedures for qualifying for assistance under this order shall be observed upon the occurrence, or, insofar as applicable, upon the threat, of a major disaster within a State which, in the opinion of its Governor, constitutes or will eventuate in, respectively, a major disaster requiring supplementary Federal assistance:

(a) The Governor shall present to the Federal Civil Defense Administrator (hereinafter referred to as the Administrator), through the appropriate Regional Administrator of the Federal Civil Defense Administration, any request for Federal assistance, which request shall include assurance of expenditure of a reasonable amount of the funds of the State, local governments therein, or other agencies for alleviating damage resulting from such disaster, together with the following information:

(1) An estimate of the severity and extent of damage resulting from the disaster and the total funds, personnel, equipment, and material or other resources required to alleviate such damage. As used in this order, the term "damage" comprehends suffering and hardship.

(2) A statement of action taken or recommended to be taken by the State legislature or local legislative and governing authorities with regard to the disaster.

(3) An estimate of State and local funds, personnel, equipment and material or other resources, available and to be made available, to alleviate such damage.

(4) A statement of the extent and nature of Federal assistance needed, including an estimate of the minimum Federal funds, personnel, equipment, material or other resources needed to alleviate the damage.

(b) Any Regional Administrator shall forward each request for Federal assistance received by him from a Governor in consonance with the provisions of this order, together with a report and the recommendations of the Regional Administrator thereon, to the Administrator.

(c) The Administrator shall forward to the President each request of a Governor for assistance under this order, together with the Administrator's recommendation as to action by the President thereon. In arriving at his recommendation the Administrator shall consider (1) the severity and extent of the disaster, (2) the reasonableness of State and local efforts in relation to the severity of the disaster, the resources and funds available to State and local governments for the alleviation of damage resulting from the disaster, and the operational disaster plans of the State and local governments, (3) the extent and nature of Federal assistance requested, (4) the report and recommendation of the Regional Administrator, and (5) any other available information.

(d) Upon consideration of any request of a Governor hereunder and of information and recommendations pertaining thereto, a determination will be made by the President as to whether or not the conditions constitute a major disaster within the meaning of the Act, and the Governor will be notified immediately of such determination.

(e) If it is determined that a major disaster has occurred or threatens,

(1) Federal assistance will be made available on the basis of an agreement, which shall be jointly executed by the Governor, acting for the State, and the Administrator, acting for the Federal Government. Such agreement shall contain the assurance of the State that a reasonable amount of the funds of the State, local governments or other agencies therein will be expended in alleviating damage caused by the disaster and such other terms and conditions, consistent with the provisions of the Act, as the Administrator may require.

(2) If and as may be necessary, the President will allocate to the Administrator funds for use in connection with the specific major disaster. The funds so allocated to the Administrator may be utilized by him (i) upon a showing of need, for reallocation for use in aid of the State and local governments, and

(ii) for reimbursement pursuant to the provisions of section 1 (c) of Executive Order No. 10427 of January 16, 1953, as added by this order.

(f) Federal assistance heretofore or hereafter extended under the Act shall terminate upon notice by the Administrator to the Governor of the State in which a major disaster has occurred, or upon the expiration of one year from the date of notification to the Governor of the President's determination that a major disaster exists, whichever is first: Except, however, in unusual circumstances, the Administrator, with the consent of the President, may extend this period: Provided, That upon a showing of need, the Administrator may extend such termination dates, for such purposes and such periods of time as he may determine to be necessary, with respect to disaster relief assistance solely for agricultural purposes.

SEC. 3. Section 1 of Executive Order No. 10427 of January 16, 1953, relating to the administration of disaster relief, is hereby amended by relettering subsections (c) and (d) thereof as (f) and (g), respectively, and by inserting the following new subsections after subsection (b) thereof:

"(c) The authority conferred upon the President by section 7 of the Act to reimburse any Federal agency for any of its authorized expenditures made under section 3 of the Act in connection with a major disaster: Provided, however, that such reimbursement shall be made from funds allocated by the President to the Administrator for use in aid of a specific State under section 2 (e) 2 of the Executive order by which this subsection (c) was added to this order, and, Provided further that such authority shall be exercised subject to the concurrence of the Director of the Bureau of the Budget.

"(d) The authority to issue rules and regulations governing such reimbursement, subject to the concurrence of the Director of the Bureau of the Budget.

"(e) The authority to prescribe such rules and regulations as may be necessary and proper to carry out the provisions of sections 3 and 5 of the Act, as amended."

SEC. 4. (a) The Federal Civil Defense Administrator may carry out any authority or function delegated or assigned to him by the provisions of this order through any other officer of the Federal Civil Defense Administration.

(b) The Federal Civil Defense Administrator may delegate or assign to the head of any agency of the executive branch of the Government, subject to the consent of the agency head concerned in each case, any authority or function delegated or assigned to the said Administrator by the provisions of this order. Any such head of agency may redelegate any authority or function so delegated or assigned to him by the Administrator to any officer or employee subordinate to such head of agency whose appointment is required to be made by and with the advice and consent of the Senate.

DWIGHT D. EISENHOWER

THE WHITE HOUSE,

October 29, 1957.