§ 222.3 - Program intent.

(a) This regulation is intended to provide criteria with regard to the states' allowable costs associated with the administration of temporary and permanent relocation activities under CERCLA. CERCLA section 104(c)(3), as amended, states that the state will pay or assure payment of (1) 10 per centum of the costs of the remedial action, including all future maintenance or, (2) 50 per centum (or such greater amount as the President may determine appropriate, taking into account the degree of responsibility of the state or political subdivision for the release) of any sums expended in response to a release at a facility that was operated by the state or a political subdivision thereof, either directly, or through a contractual relationship or otherwise at the time of any disposal of hazardous substances therein. The Federal Government will pay 90 per centum under (a)(1) and 50 per centum or less under (a)(2).

(b) FEMA will determine, based on policy determinations with prospective effect, applying the criteria set out in §§ 222.4 and 222.5, the eligibility of any matching contributions not covered by this regulation. Expenditures and other actions must be in compliance with applicable FEMA/State cooperative agreements, contracts, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs (Uniform Regulations), relocation plans, relocation criteria, and OMB Circular A-87, Cost Principles for State and Local Governments. FEMA and the state shall maintain adequate records of its acquisition and relocation activities in sufficient detail to demonstrate compliance with these regulations.

(c) This regulation shall be used in conjunction with the following documents:

(1) Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), Public Law 96-510;

(2) Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499;

(3) Executive Order 12580, Superfund Implementation;

(4) FEMA relocation regulations and criteria;

(5) OMB Circular A-87, Cost Principles for State and Local Governments;

(6) Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs (Uniform Regulations) 44 CFR part 25; and

(7) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894; 42 U.S.C. 9615)