Supporting Statement 1660-0058 6-26-08

Date: June 26, 2008

Supporting Statement for Paperwork Reduction Act Submissions

OMB Control Number: 1660-0058

Title: Fire Management Assistance Grant Program

Form Number(s): FEMA Form 90-58, FEMA Form 90-133, and FEMA Form 90-32

General Instructions

A Supporting Statement, including the text of the notice to the public required by 5 CFR 1320.5(a) (i) (iv) and its actual or estimated date of publication in the Federal Register, must accompany each request for approval of a collection of information. The Supporting Statement must be prepared in the format described below, and must contain the information specified in Section A below. If an item is not applicable, provide a brief explanation. When Item 17 or the OMB Form 83-I is checked “Yes”, Section B of the Supporting Statement must be completed. OMB reserves the right to require the submission of additional information with respect to any request for approval.

To complete the supporting statement, type in your responses in the white space below each question. Your responses should be full and complete and provide sufficient information to help the OMB desk officer to understand what you are planning to do and why and how the Agency/Federal Government will benefit from and use the information you will be obtaining or soliciting.

Specific Instructions

A. Justification

 1. Explain the circumstances that make the collection of information necessary Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information. Provide a detailed description of the nature and source of the information to be collected.

The information collected is required for Fire Management Assistance Grant Program (FMAGP) eligibility determinations, grants management, and compliance with other Federal laws and regulations. 44 CFR Part 204 specifies the information collections necessary to facilitate the provision of assistance under the Fire Management Assistance Grant Program. FMAGP was established under Section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42, U.S.C 5187, as amended by § 303 of the Disaster Mitigation Act of 2000, and authorizes the President to provide assistance to any State or local government for the mitigation, management, and control of any fire on public or private forest land or grassland that threatens such destruction as would constitute a major disaster.

 

 2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection. Provide a detailed description of: a) how the information will be shared, if applicable, and for what programmatic purpose.

The information collection is used by both FEMA Regional and State staff to facilitate the declaration request and grant administration processes of FMAGP, as well as end of year internal reporting of overall declaration requests and estimated grant outlays. The following information collections are used:

FEMA-State Agreement and Amendment. Federal assistance under Section 420 of the Stafford Act must be provided in accordance with the FEMA‑State Agreement for FMAGP. The State Governor and the Regional Director must sign the Agreement, which contains the necessary terms and conditions consistent with the provisions of applicable laws, executive orders, and regulations, and specifies the type and extent of Federal assistance to be provided. The Agreement is an annual agreement applicable only for the calendar year in which it is signed and is required each year. Failure to provide a signed agreement will result in a denial of grant benefits.

FEMA Form 90-133, Request for Fire Management Assistance Subgrant, is used by State, local and tribal governments to state their interest in applying for sub-grants under an approved fire management assistance grant. The form provides essential sub-grantee contact information and is required upon each approval of a fire management assistance declaration.

FEMA Form 90‑58, Request for a Fire Management Assistance Declaration is used by the State to provide information in support of its request for a fire management assistance declaration. This form must be completed by the Governor or Governor’s Authorized Representative (GAR) and forwarded to the appropriate FEMA Regional Director for review and transmittal to FEMA headquarters. Follow-up information may be furnished by the State or requested by FEMA after the initial request has been received. For example, if the extent or threat of the fire is vaguely stated in the FF 90-58, FEMA may need to request additional information about the fire in the initial request to make an eligibility determination. This information is provided upon each approval of a fire management assistance declaration.

FEMA Form 90-32, Principal Advisor’s Report, is used to provide FEMA with technical assessment of a fire or fire complex for which the State is requesting a fire management assistance declaration. FEMA will review all information submitted in the State’s request along with the Principal Advisor’s assessment and Regional summary and will render a determination.

A State Administrative Plan for FMAGP must be developed annually by the State for the administration of fire management assistance grants. The plan must describe the procedures for the administration of FMAGP, designate the State agency to serve as Grantee, and ensure State compliance with the provisions of law and regulation applicable to fire management assistance grants. The plan must also identify staffing functions, the sources of staff to fill these functions, and the management and oversight responsibilities of each. The plan should describe the procedures to notify potential applicants of the availability of the program, assist FEMA in determining applicant eligibility, review Project Worksheets (PWs) (from Information Collection OMB No. 1660-0017), process payment of subgrants, and audit and reconcile subgrants. The plan should also outline the processes to be used to facilitate close-out of the fire management assistance grant in accordance with 44 CFR, Part 13, Subpart D.

Training Sessions are provided primarily for Regional staff and State officials who administer FMAGP for the purpose of instructing and updating attendees on the laws, regulations, policies, and process that govern the program, as well as to discuss any program issues. These training sessions are not required to participate in the Fire Management Assistance Grant Program and are offered on a once-yearly basis at the request of the respondents, and such request is via a telephone call to the program.

Appeals. When a State's request for a fire management assistance declaration is denied, the Governor of a State or GAR may appeal the decision in writing pursuant to 44 CFR §206.440. The State may submit this one-time request for reconsideration in writing, with additional information, to the Director, Recovery Division. The appeal must be submitted within 30 days of the date of the letter denying the State’s/Indian tribal government’s request. A time extension of 30 days may be granted by the Director if the Governor or GAR submits a written request for a time extension within the 30-day period. The information provided through the appeal process is reviewed for consideration of the reversal of a denial.

Similarly, applicants may appeal any cost or eligibility determination under an approved declaration within 60 days after receipt of the notice of the action that is being appealed. The request must be submitted in writing to FEMA through the Grantee in accordance with the appeal procedures detailed in 44 CFR §204.60. Appeals usually consist of a letter briefly describing the reason for the appeal and any new supporting documentation the State or applicant submits to FEMA for review.

Duplication of Benefits. Applicants are required to notify FEMA of all benefits, actual or anticipated, received from other sources for the same loss for which they are applying to FEMA for assistance. Notification can be accomplished in a letter, accompanied by supporting documentation. This notification is a requirement for each grant request made and occurs upon each approval of a fire management assistance declaration.

The information requested through this collection allows for a complete review of the need for fire management grants, allows for a validation of how the funds have been and were used, provides a mechanism for an appeal of an adverse action and allows for grant applicants to receive up-to-date training on changes to the rules and regulations surrounding the grant program. Other than the State officials who provide the completed forms and the FEMA employees who review them, information will not be shared.

 3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

The Intranet Web-site for this program contains an overview of the program, general questions and answers and other resources for the visitor. The forms that are utilized in this collection are available electronically through the FEMA Internet Web-site and allow for entry of data and/or printing of the form to complete. Other information collection methods require free-form creation of responses. The information supplied requires original signatures and cannot be transmitted electronically.

 4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

This information is not collected in any form, and therefore is not duplicated elsewhere.

5. If the collection of information impacts small businesses or other small

entities (Item 5 of OMB Form 83-I), describe any methods used to minimize.

This information collection does not have an impact on small businesses or other small entities.

 6. Describe the consequence to Federal/FEMA program or policy activities if the collection of information is not conducted, or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

The information collection activities requested are required to receive a benefit and designed to assist both FEMA and the State in managing the operation and administration of FMAGP. Without the collection of this information, FEMA and the State would be unable to effectively and efficiently delivering the assistance authorized by Section 420 of the Stafford Act to eligible applicants.

 7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

 (a) Requiring respondents to report information to the agency more often than quarterly.



FEMA requires applicants to report information more than quarterly when instances of unexpected events or disasters require a State Administrative Plan to be submitted for each declared fire if such occur within a 3-month period of each other.

 (b) Requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it.



FEMA does not require a written response in fewer than 30 days for any information collected under FMAGP.

 (c) Requiring respondents to submit more than an original and two copies of any document.



There are no requirements for respondents to submit more than an original and two copies of any document.

 (d) Requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years.



There are no requirements for respondents to retain records for more than three years.

 (e) In connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study.



FEMA does not conduct statistical surveys for the FMAGP.

 (f) Requiring the use of a statistical data classification that has not been reviewed and approved by OMB.



There are no requirements for the use of statistical data classification for FMAGP.

 (g) That includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use.



There is no pledge of confidentiality not supported by authority established in statute or regulation.

 (h) Requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information’s confidentiality to the extent permitted by law.

FMAGP does not require applicants to provide any information of proprietary trade secret or confidential information.

 8. Federal Register Notice:



 a. Provide a copy and identify the date and page number of publication in the Federal Register of the agency’s notice soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.



A 60-day Federal Register Notice inviting public comments was published on April 28, 2008, Volume 73, Number 82, pp. 22965. No comments were received. See attached copy of the published notice included in this package.

 b. Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Since implementation of FMAGP, FEMA have been in close communication with State emergency managers and foresters, discussing various program aspects, including the information collected. FEMA has coordinated with representatives of the Forest Service, and the United States Department of Agriculture through meetings on the development of FMAGP information.

c. Describe consultations with representatives of those from whom information is to be obtained or those who must compile records. Consultation should occur at least once every three years, even if the collection of information activities is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

FEMA hosts a combination of conference calls, and meetings in which FEMA brings together FEMA Regional Offices, State Emergency Offices, and FEMA State Forestry Departments to discuss various aspects of the program. In addition, FEMA Regional staffs hold applicant briefings for States, for each fire declaration to provide an overview of the program and the application process.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

FEMA does not provide payments or gifts to respondents in exchange for a benefit sought.

10. Describe any assurance of confidentiality provided to respondents. Present the basis for the assurance in statute, regulation, or agency policy

The information will be kept private and anonymous to the extent allowable by the law. A privacy Threshold Analysis was completed and submitted to the Privacy office for review. Any follow-up required as a result of this review will be completed accordingly.

 11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

There are no questions of a sensitive nature.

 12. Provide estimates of the hour burden of the collection of information. The statement should:



 a. Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desired. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

FEMA State Agreement and Amendment – The number of respondents for this collection instrument is 18 per the expected number of states to have fire disasters declared and the frequency is four times annually. The Agreement, which contains the necessary terms and conditions consistent with the provisions of applicable laws, executive orders, and regulations, and specifies the type and extent of Federal assistance to be provided, requires an estimated 5 minutes to review and sign.

State Administrative Plan for Fire Management Assistance – The number of respondents for this collection instrument is 18 per the expected number of states to have fire disasters declared and the frequency is once annually. The Plan, which contains the process by which the states will adhere to all rules and regulations, the staff dedicated to the process as well as oversight procedures for the proper use of funds requires an estimated 8 hours to gather the information together and then develop a document presenting such information.

FEMA Form 90‑58 Request for a Fire Management Assistance Declaration – The number of respondents for this collection instrument is 18 per the expected number of states to have fire disasters declared and the frequency is four times annually. This form is used to make a request for a declaration and requires the assembly of information already available from other sources. The estimated time to gather the information and enter it into the form is 1 hour.

FEMA Form 90-133, Request for Fire Management Assistance Sub-grant – The number of respondents for this collection instrument is 18 per the expected number of states to have fire disasters declared and the frequency is four times annually. This form contains the information in support of the grant request, and must be signed by the governor of the state. The time required for the respondent to gather the information necessary for this declaration and completing the form with the sub-grantee’s indication of need for funds is estimated to take .167 hours (10 minutes).

FEMA Form 90-32, Principal Advisor’s Report - The number of respondents for this collection instrument is 18 per the expected number of states to have fire disasters declared and the frequency is four times annually. This form contains the technical assessment of the fire for which the grant is requested, and the observations and technical data gathering for this instrument requires and estimated .333 hours (20 minutes) to complete.

Appeal Letter – The number of respondents for this collection instrument is 3 per the expected number of states to have grant applications rejected and the frequency is once annually. The appeal letter contains additional data and rebuttal to denial reasons given after the initial application. The time to gather the additional data, research previously supplied answers for clarification and prepare an appeal is estimated to be 1 hour.

Duplication of Benefits Letter – The number of respondents for this collection instrument is 18 per the expected number of states to have fire disasters declared and the frequency is four times annually. Each respondent is required to provide an accounting of the funds received from other sources for fire management. The time required to assemble the data on the amount and sources of funding into a document is estimated to be 1 hour.

Training Sessions – The number of respondents for this collection is 18 per the expected number of states to have fire disasters declared and the frequency is once annually. Each of the respondents will make a request for training prior to the first grant application each year to be instructed on changes to rules and regulations. This collection process requires a phone call to the program, and the estimated time required to place the call and ask for such training is .083 hours (5 minutes).

b. If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

c. Provide an estimate of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost to the respondents of contracting out or paying outside parties for information collection activities should not be included here. Instead this cost should be included in Item 13.

Table A.12: OMB No. 1660-0058, Fire Management Assistance Grant Program
Type of Respondent	Form Name / Form Number	No. of Respondents	No. of Responses per Respondent	Avg. Burden per Response (in hours)	Total Annual Burden (in hours)	Avg. Hourly Wage Rate	Total Annual Respondent Cost
State, Local or Tribal Government	FEMA-State Agreement and Amendment	18	4	0.083	6	$26.84	$160.40
State, Local or Tribal Government	State Administrative Plan for Fire Management Assistance	18	1	8	144	$26.84	$3,864.96
State, Local or Tribal Government	Request for Fire Management Assistance Declaration, FEMA Form 90-58	18	4	1	72	$26.84	$1,932.48
State, Local or Tribal Government	Request for Fire Management Assistance Sub-grant, FEMA Form 90-133	18	4	0.167	12	$26.84	$322.72
State, Local or Tribal Government	Principal Advisor’s Report, FEMA Form 90-32	18	4	0.333	24	$26.84	$643.52
State, Local or Tribal Government	Appeal Letter	3	1	1	3	$26.84	$80.52
State, Local or Tribal Government	Duplication of Benefits Letter	18	4	1	72	$26.84	$1,932.48
State, Local or Tribal Government	Training Sessions	18	1	0.083	1.5	$26.84	$40.10
Total					334.5		$8,977.17

According to the U.S. Department of Labor, Bureau of Labor Statistics website (www.bls.gov) the wage rate category for Program Manager is estimated to be $26.84 per hour; therefore, the estimated burden hour cost to respondents Program Manager is estimated to be $8977.98 annually.

13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information. The cost purchasing or contracting out information collection services should be apart of this cost burden estimate. (Do not include the cost of any hour burden shown in Items 12 and 14.)



There is no recordkeeping, capital, start-up or maintenance costs associated with this information collection.

14. Provide estimates of annualized cost to the Federal Government. Also

provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing and support staff), and any other expense that would have been incurred without this collection of information. You may also aggregate cost estimates for Items 12, 13, and 14 in a single table.

 FEMA estimates that the annual costs to the Federal government will be approximately $387,795.32 based on one full-time employee hired specifically for this program plus the partial times spent working with the collected information per the below chart.

.

Annual Cost to the Federal Government

Item	Cost ($)
Contract Costs [Describe]
Staff Salaries [ 1 of GS 12 employee spending approximately 100% of time annually reviewing and making determinations for FMAGP requests, 1 of GS 12 employee spending approximately 5% of time reviewing reports, 2 of GS 12 employee spending approximately 10% of time training, 1 of GS 12 employee spending approximately 1% of time auditing, and 1 of GS 12 employee spending approximately 5% of time reviewing appeals for this data collection] for a total of $96,948.83 times 4 regions	$387,759.32
Facilities [cost for renting, overhead, etc. for data collection activity]	0
Computer Hardware and Software [cost of equipment annual lifecycle]	0
Equipment Maintenance [cost of annual maintenance/service agreements for equipment]	0
Travel	0
Printing [number of data collection instruments annually]	0
Postage [annual number of data collection instruments x postage]	0
Other	0
Total	$387,759.32

14. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the OMB Form 83-I in a narrative form. Present the itemized changes in hour burden and cost burden according to program changes or adjustments in Table 5. Denote a program increase as a positive number, and a program decrease as a negative number.

A "Program increase" is an additional burden resulting from an federal government regulatory action or directive. (e.g., an increase in sample size or coverage, amount of information, reporting frequency, or expanded use of an existing form). This also includes previously in-use and unapproved information collections discovered during the ICB process, or during the fiscal year, which will be in use during the next fiscal year.

A "Program decrease", is a reduction in burden because of: (1) the discontinuation of an information collection; or (2) a change in an existing information collection by a Federal agency (e.g., the use of sampling (or smaller samples), a decrease in the amount of information requested (fewer questions), or a decrease in reporting frequency).

"Adjustment" denotes a change in burden hours due to factors over which the government has no control, such as population growth, or in factors which do not affect what information the government collects or changes in the methods used to estimate burden or correction of errors in burden estimates.

Itemized Changes in Annual Burden Hours

Data collection Activity/Instrument	Program Change (hours currently on OMB Inventory)	Program Change (New)	Adjustment (hours currently on OMB Inventory)	Adjustment (New)
FEMA-State Agreement and Amendment	5	+1
State Administrative Plan for Fire Management Assistance	96	+48
FEMA Form 90-58, Request for Fire Management Assistance Declaration	48	+24
FEMA Form 90-133, Request for Fire Management Assistance Sub-grant (Locals Only)	16	-4
FEMA Form 90-32, Principal Advisor’s Report	16	+8
Appeal Letter	20	-17
Duplication of Benefits Letter	20	+52
Training Sessions	156	-154.5
Total(s)	377	-42.5

Explain:

The total burden hours decreased from 377 annual burden hours to 334.5(-42.5) the individual changes for the following collection activities.

1). The FEMA State Agreement and Amendment burden hours now include the “Exhibit E” subsequent submissions where they were previously separated (and incorrectly listed the total annual frequency as 5; it should have been a total of 4).

2). The State Administrative Plan for Fire Management Assistance. The total burden estimates has a program increase of +48 burden hours due to an increase in the number of states responding. There were four additional States that submitted annual Administrative Plans for Fire Management Assistance than originally estimated under the original submission.

3). FEMA Form 90-58, Request for Fire Management Assistance Declaration. The total burden estimate for this form has an adjustment increase of +24 burden hour due to an increase of 4 states responding.

4). FEMA Form 133, Request for Fire Management Assistance Sub-grant. There is a total hour burden decrease of -4 due to fewer local governments applying for sub-grants than originally anticipated.

5). FEMA Form 90-32, Principal Advisor’s Report. There is a change in the hour burden of +8 due to the increase of the number of states responding.

6). The Appeals burden hours increased by a -17 hours due to the updating of expected number of responses for appeals. The prior total anticipated that any respondent could file an appeal; however, the new total is an estimate of how many appeals are expected to occur annually.

7). The Duplication of Benefits Burden hours increased by a +52 due to an increase of responses not anticipated during the last submission for this collection.

6). Training sessions are now being provided for Regional staff and Staff officials annually. It is estimated that 18 states will participate in training sessions annually. A program change of -154.5 burden hours occurs because, even though the number of participants increased, the previous submission included the hours for the whole training course (13) and not just the .083 hour (5 minutes) required to request training.

 16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.



The agency does not intend to employ the use of statistics or the publication thereof for this information collection.

 17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain reasons that display would be inappropriate.



FEMA will display the expiration date for the OMB approval of this information collection.

 18. Explain each exception to the certification statement identified in Item 19 “Certification for Paperwork Reduction Act Submissions,” of OMB Form 83-I.



FEMA does not request an exception to the certification of this information collection.

B. Collections of Information Employing Statistical Methods.



When Item 17 on the Form OMB 83-I is checked “Yes”, the following documentation should be included in the Supporting Statement to the extent it applies to the methods proposed:

THERE IS NO STATISTICAL METHODOLOGY INVOLVED IN THIS COLLECTION

13