FEMA-State Agreement and Amendment

Pt. 204

44 CFR Ch. I (10–1–11 Edition)
204.63
204.64

Allowable costs.
Reporting and audit requirements.

(3) Indian tribal governments must
review and revise their plan to reflect
changes in development, progress in
local mitigation efforts, and changes in
priorities, and resubmit it for approval
within 5 years in order to continue to
be eligible for non-emergency Stafford
Act assistance and FEMA mitigation
grant funding, with the exception of
the Repetitive Flood Claims program.

AUTHORITY: Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42
U.S.C. 5121–5207; Reorganization Plan No. 3 of
1978, 43 FR 41943; 3 CFR, 1978 Comp., p. 329;
E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p.
376; E.O. 12148, 44 FR 43239, 3 CFR, 1979
Comp., p. 412; and E.O. 12673, 54 FR 12571, 3
CFR, 1989 Comp., p. 214.

[72 FR 61749, Oct. 31, 2007, as amended at 74
FR 47482, Sept. 16, 2009]

SOURCE: 66 FR 57347, Nov. 14, 2001, unless
otherwise noted.

PARTS 202–203 [RESERVED]

Subpart A—General
§ 204.1

PART 204—FIRE MANAGEMENT
ASSISTANCE GRANT PROGRAM
Subpart A—General
Sec.
204.1 Purpose.
204.2 Scope.
204.3 Definitions used throughout this part.
204.4–204.20 [Reserved]

Subpart B—Declaration Process
204.21 Fire management assistance declaration criteria.
204.22 Submitting a request for a fire management assistance declaration.
204.23 Processing a request for a fire management assistance declaration.
204.24 Determination on request for a fire
management assistance declaration.
204.25 FEMA-State agreement for fire management assistance grant program.
204.26 Appeal of fire management assistance
declaration denial.
204.27–204.40 [Reserved]

Purpose.

This part provides information on
the procedures for the declaration and
grants management processes for the
Fire Management Assistance Grant
Program in accordance with the provisions of section 420 of the Stafford Act.
This part also details applicant eligibility and the eligibility of costs to be
considered under the program. We
(FEMA) will actively work with State
and Tribal emergency managers and
foresters on the efficient delivery of
fire management assistance as directed
by this part.
§ 204.2

Scope.

This part is intended for those individuals responsible for requesting declarations and administering grants
under the Fire Management Assistance
Grant Program, as well as those applying for assistance under the program.

Subpart C—Eligibility
§ 204.3 Definitions
this part.

204.41 Applicant eligibility.
204.42 Eligible costs.
204.43 Ineligible costs.
204.44–204.50 [Reserved]

Subpart D—Application Procedures
204.51 Application and approval procedures
for a fire management assistance grant.
204.52 Application and approval procedures
for a subgrant under a fire management
assistance grant.
204.53 Certifying costs and payments.
204.54 Appeals.
204.55–204.60 [Reserved]

Subpart E—Grant Administration
204.61 Cost share.
204.62 Duplication and recovery of assistance.

used

throughout

Applicant. A State or Indian tribal
government submitting an application
to us for a fire management assistance
grant, or a State, local, or Indian tribal
government submitting an application
to the Grantee for a subgrant under an
approved fire management assistance
grant.
Declared fire. An uncontrolled fire or
fire complex, threatening such destruction as would constitute a major disaster, which the Administrator has approved in response to a State’s request
for a fire management assistance declaration and in accordance with the
criteria listed in § 204.21.

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Federal Emergency Management Agency, DHS
Demobilization. The process and procedures for deactivating, disassembling, and transporting back to their
point of origin all resources that had
been provided to respond to and support a declared fire.
FEMA Form 90–91. See Project Worksheet.
Fire complex. Two or more individual
fires located in the same general area,
which are assigned to a single Incident
Commander.
Governor’s Authorized Representative
(GAR). The person empowered by the
Governor to execute, on behalf of the
State, all necessary documents for fire
management assistance, including the
request for a fire management assistance declaration.
Grant. An award of financial assistance, including cooperative agreements, by FEMA to an eligible Grantee. The grant award will be based on
the projected amount of total eligible
costs for which a State submits an application and that FEMA approves related to a declared fire.
Grantee. The Grantee is the government to which a grant is awarded
which is accountable for the use of the
funds provided. The Grantee is the entire legal entity even if only a particular component of the entity is designated in the grant award document.
Generally, the State, as designated in
the FEMA-State Agreement for the
Fire Management Assistance Grant
Program, is the Grantee. However,
after a declaration, an Indian tribal
government may choose to be a Grantee, or it may act as a subgrantee under
the State. An Indian tribal government
acting as Grantee will assume the responsibilities of a ‘‘state’’, as described
in this Part, for the purpose of administering the grant.
Hazard mitigation plan. A plan to develop actions the State, local, or tribal
government will take to reduce the
risk to people and property from all
hazards. The intent of hazard mitigation planning under the Fire Management Assistance Grant Program is to
identify wildfire hazards and cost-effective
mitigation
alternatives
that
produce long-term benefits. We address
mitigation of fire hazards as part of the
State’s
comprehensive
Mitigation
Plan, described in 44 CFR part 201.

§ 204.3

Incident commander. The ranking official responsible for overseeing the
management of fire operations, planning, logistics, and finances of the field
response.
Incident period. The time interval
during which the declared fire occurs.
The Regional Administrator , in consultation with the Governor’s Authorized Representative and the Principal
Advisor, will establish the incident period. Generally, costs must be incurred
during the incident period to be considered eligible.
Indian tribal government. An Indian
tribal government is any Federally recognized governing body of an Indian or
Alaska Native tribe, band, nation,
pueblo, village, or community that the
Secretary of Interior acknowledges to
exist as an Indian tribe under the Federally Recognized Tribe List Act of
1994, 25 U.S.C. 479a. This does not include Alaska Native corporations, the
ownership of which is vested in private
individuals.
Individual assistance. Supplementary
Federal assistance provided under the
Stafford Act to individuals and families adversely affected by a major disaster or an emergency. Such assistance
may be provided directly by the Federal Government or through State or
local governments or disaster relief organizations. For further information,
see subparts D, E, and F of part 206.
Local government. A local government
is any county, municipality, city,
town, township, public authority,
school district, special district, intrastate district, council of governments
(regardless of whether the council of
governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity,
or agency or instrumentality of a local
government; any Indian tribal government or authorized tribal organization,
or Alaska Native village or organization; and any rural community, unincorporated town or village, or other
public entity, for which an application
for assistance is made by a State or political subdivision of a State.
Mitigation, management, and control.
Those activities undertaken, generally
during the incident period of a declared
fire, to minimize immediate adverse effects and to manage and control the

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§§ 204.4–204.20

44 CFR Ch. I (10–1–11 Edition)

fire. Eligible activities may include associated emergency work and pre-positioning directly related to the declared
fire.
Mobilization. The process and procedures used for activating, assembling,
and transporting all resources that the
Grantee requested to respond to support a declared fire.
Performance period. The time interval
designated in block 13 on the Application for Federal Assistance (Standard
Form 424) for the Grantee and all subgrantees to submit eligible costs and
have those costs processed, obligated,
and closed out by FEMA.
Pre-positioning. Moving existing fire
prevention or suppression resources
from an area of lower fire danger to
one of higher fire danger in anticipation of an increase in fire activity likely to constitute the threat of a major
disaster.
Principal advisor. An individual appointed by the Forest Service, United
States Department of Agriculture, or
Bureau of Land Management, Department of the Interior, who is responsible
for providing FEMA with a technical
assessment of the fire or fire complex
for which a State is requesting a fire
management assistance declaration.
The Principal Advisor also frequently
participates with FEMA on other
wildland fire initiatives.
Project worksheet. FEMA Form 90–91,
which identifies actual costs incurred
by eligible applicants as a result of the
eligible firefighting activities.
Public assistance. Supplementary Federal assistance provided under the
Stafford Act to State and local governments or certain private, nonprofit organizations for eligible emergency
measures and repair, restoration, and
replacement of damaged facilities. For
further information, see Subparts G
and H of Part 206.
Regional Administrator. The administrator of a regional office of FEMA, or
his/her designated representative.
Request for Federal Assistance. See
Standard Form (SF) 424.
Standard Form (SF) 424. The SF 424 is
the Request for Federal Assistance.
This is the form the State submits to
apply for a grant under a fire management assistance declaration.

Subgrant. An award of financial assistance under a grant by a Grantee to
an eligible subgrantee.
Subgrantee. An applicant that is
awarded a subgrant and is accountable
to the Grantee for the use of grant
funding provided.
Threat of a major disaster. The potential impact of the fire or fire complex
is of a severity and magnitude that
would result in a presidential major
disaster declaration for the Public Assistance Program, the Individual Assistance Program, or both.
Uncontrolled fire. Any fire not safely
confined to predetermined control lines
as established by firefighting resources.
We, our, us mean FEMA.
[66 FR 57347, Nov. 14, 2001, as amended at 68
FR 61370, Oct. 28, 2003; 74 FR 15345, Apr. 3,
2009; 75 FR 50715, Aug. 17, 2010]

§§ 204.4–204.20

[Reserved]

Subpart B—Declaration Process
§ 204.21 Fire management assistance
declaration criteria.
(a) Determinations. We will approve
declarations for fire management assistance when the Administrator determines that a fire or fire complex
threatens such destruction as would
constitute a major disaster.
(b) Evaluation criteria. We will evaluate the threat posed by a fire or fire
complex based on consideration of the
following specific criteria:
(1) Threat to lives and improved
property, including threats to critical
facilities/infrastructure, and critical
watershed areas;
(2) Availability of State and local
firefighting resources;
(3) High fire danger conditions, as indicated by nationally accepted indices
such as the National Fire Danger Ratings System;
(4) Potential major economic impact.
[66 FR 57347, Nov. 14, 2001, as amended at 75
FR 50715, Aug. 17, 2010]

§ 204.22 Submitting a request for a fire
management assistance declaration.
The Governor of a State, or the Governor’s
Authorized
Representative
(GAR), may submit a request for a fire
management assistance declaration.

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Federal Emergency Management Agency, DHS
The request must be submitted while
the fire is burning uncontrolled and
threatens such destruction as would
constitute a major disaster. The request must be submitted to the Regional Administrator and should address the relevant criteria listed in
§ 204.21, with supporting documentation
that contains factual data and professional estimates on the fire or fire
complex. To ensure that we can process
a State’s request for a fire management assistance declaration as expeditiously as possible, the State should
transmit the request by telephone,
promptly followed by written documentation (FEMA Form 90–58).
§ 204.23 Processing a request for a fire
management assistance declaration.
(a) In processing a State’s request for
a fire management assistance declaration, the Regional Administrator, in
coordination with the Principal Advisor, will verify the information submitted in the State’s request.
(b) The Principal Advisor, at the request of the Regional Administrator, is
responsible for providing FEMA a technical assessment of the fire or fire
complex for which the State is requesting a fire management assistance declaration. The Principal Advisor may
consult with State agencies, usually
emergency management or forestry, as
well as the Incident Commander, in
order to provide FEMA with an accurate assessment.
[75 FR 50715, Aug. 17, 2010]

§ 204.24 Determination on request for
a fire management assistance declaration.
The Administrator will review all information submitted in the State’s request along with the Principal Advisor’s assessment and render a determination. The determination will be
based on the conditions of the fire or
fire complex existing at the time of the
State’s request. When possible, the Administrator will evaluate the request
and make a determination within several hours. Once the Administrator
renders a determination, FEMA will
promptly notify the State of the determination.
[75 FR 50715, Aug. 17, 2010]

§ 204.26

§ 204.25 FEMA–State agreement for
fire management assistance grant
program.
(a) After a State’s request for a fire
management assistance declaration
has been approved, the Governor and
Regional Administrator will enter into
a standing FEMA–State Agreement
(the Agreement) for the declared fire
and for future declared fires in that
calendar year. The State must have a
signed and up-to-date FEMA–State
Agreement before receiving Federal
funding for fire management assistance
grants. FEMA will provide no funding
absent a signed and up-to-date Agreement. An Indian tribal government
serving as Grantee, must sign a FEMA–
Tribal Agreement, modeled upon the
FEMA–State Agreement.
(b) The Agreement states the understandings, commitments, and conditions under which we will provide Federal assistance, including the cost
share provision and articles of agreement necessary for the administration
of grants approved under fire management assistance declarations. The
Agreement must also identify the
State legislative authority for firefighting, as well as the State’s compliance with the laws, regulations, and
other provisions applicable to the Fire
Management Assistance Grant Program.
(c) For each subsequently declared
fire within the calendar year, the parties must add a properly executed
amendment, which defines the incident
period and contains the official declaration number. Other amendments
modifying the standing Agreement
may be added throughout the year to
reflect changes in the program or signatory parties.
§ 204.26 Appeal of fire management assistance declaration denial.
(a) Submitting an appeal. When a
State’s request for a fire management
assistance declaration is denied, the
Governor or GAR may appeal the decision in writing within 30 days after the
date of the letter denying the request.
The State should submit this one-time
request for reconsideration in writing,
with appropriate additional information to the Administrator through the

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§§ 204.27–204.40

44 CFR Ch. I (10–1–11 Edition)

Regional Administrator. The Administrator will reevaluate the State’s request and notify the State of the final
determination within 90 days of receipt
of the appeal or the receipt of additional requested information.
(b) Requesting a time-extension. The
Administrator may extend the 30-day
period for filing an appeal, provided
that the Governor or the GAR submits
a written
(c) Request for such an extension within the 30-day period. The Administrator
will evaluate the need for an extension
based on the reasons cited in the request and either approve or deny the
request for an extension.
[75 FR 50715, Aug. 17, 2010]

§§ 204.27–204.40

[Reserved]

Subpart C—Eligibility
§ 204.41

Applicant eligibility.

(a) The following entities are eligible
to apply through a State Grantee for a
subgrant under an approved fire management assistance grant:
(1) State agencies;
(2) Local governments; and
(3) Indian tribal governments.
(b) Entities that are not eligible to
apply for a subgrant as identified in
(a), such as privately owned entities
and volunteer firefighting organizations, may be reimbursed through a
contract or compact with an eligible
applicant for eligible costs associated
with the fire or fire complex.
(c) Eligibility is contingent upon a
finding that the Incident Commander
or comparable State official requested
the applying entity’s resources.
(d) The activities performed must be
the legal responsibility of the applying
entity, required as the result of the declared fire, and located within the designated area.
§ 204.42

Eligible costs.

(a) General. (1) All eligible work and
related costs must be associated with
the incident period of a declared fire.
(2) Before obligating Federal funds
the Regional Administrator must review and approve the initial grant application, along with Project Worksheets submitted with the application

and any subsequent amendments to the
application.
(3) Grantees will award Federal funds
to subgrantees under State law and
procedure and complying with 44 CFR
part 13.
(b) Equipment and supplies. Eligible
costs include:
(1) Personal comfort and safety items
normally provided by the State under
field conditions for firefighter health
and safety, including:
(2) Firefighting supplies, tools, materials, expended or lost, to the extent
not covered by reasonable insurance,
will be replaced with comparable
items.
(3) Operation and maintenance costs
of publicly owned, contracted, rented,
or volunteer firefighting department
equipment used in eligible firefighting
activities to the extent any of these
costs are not included in applicable
equipment rates.
(4) Use of U.S. Government-owned
equipment based on reasonable costs as
billed by the Federal agency and paid
by the State. (Only direct costs for use
of Federal Excess Personal Property
(FEPP) vehicles and equipment on loan
to State Forestry and local cooperators
may be eligible.)
(5) Repair of equipment damaged in
firefighting activities to the extent not
covered by reasonable insurance. We
will use the lowest applicable equipment rates, or other rates that we determine, to calculate the eligible cost
of repairs.
(6) Replacement of equipment lost or
destroyed in firefighting activities, to
the extent not covered by reasonable
insurance, will be replaced with comparable equipment.
(c) Labor costs. Eligible costs include:
(1) Overtime for permanent or reassigned State and local employees.
(2) Regular time and overtime for
temporary and contract employees
hired to perform fire-related activities.
(d) Travel and per diem costs. Eligible
costs include:
(1) Travel and per diem of employees
who are providing services directly associated with eligible fire-related activities may be eligible.
(2) Provision of field camps and
meals when made available in place of
per diem;

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Federal Emergency Management Agency, DHS
(e) Pre-positioning costs. (1) The actual
costs of pre-positioning Federal, outof-State (including compact), and
international resources for a limited
period may be eligible when those resources are used in response to a declared fire.
(2) The Regional Administrator must
approve all pre-positioning costs.
(i) Upon approval of a State’s request
for a fire management assistance declaration by the Assistant Administrator for the Disaster Assistance Directorate , the State should immediately notify the Regional Administrator of its intention to seek funding
for pre-positioning resources.
(ii) The State must document the
number of pre-positioned resources to
be funded and their respective locations throughout the State, estimate
the cost of the pre-positioned resources
that were used on the declared fire and
the amount of time the resources were
pre-positioned, and provide a detailed
explanation of the need to fund the prepositioned resources.
(iii) The State will base the detailed
explanation on recognized scientific indicators, that include, but are not limited to, drought indices, short-term
weather forecasts, the current number
of fires burning in the State, and the
availability of in-State firefighting resources. The State may also include
other quantitative indicators with
which to measure the increased risk of
the threat of a major disaster.
(iv) Based on the information contained in the State’s notification, the
Regional Administrator will determine
the number of days of pre-positioning
to be approved for Federal funding, up
to a maximum of 21 days before the fire
declaration.
(3) Upon rendering his/her determination on pre-positioning costs, the Regional Administrator will notify the
Assistant Administrator for the Disaster Assistance Directorate of his/her
determination.
(f) Emergency work. We may authorize
the use of section 403 of the Stafford
Act, Essential Assistance, under an approved fire management assistance
grant when directly related to the
mitigation, management, and control
of the declared fire. Essential assistance activities that may be eligible in-

§ 204.43

clude, but are not limited to, police
barricading and traffic control, extraordinary emergency operations center expenses, evacuations and sheltering, search and rescue, arson investigation teams, public information, and
the limited removal of trees that pose
a threat to the general public.
(g) Temporary repair of damage caused
by firefighting activities. Temporary repair of damage caused by eligible firefighting activities listed in this subpart involves short-term actions to repair damage directly caused by the
firefighting effort or activities. This
includes minimal repairs to bulldozer
lines, camps, and staging areas to address safety concerns; as well as minimal repairs to facilities damaged by
the firefighting activities such as
fences, buildings, bridges, roads, etc.
All temporary repair work must be
completed within thirty days of the
close of the incident period for the declared fire.
(h) Mobilization and demobilization.
Costs for mobilization to, and demobilization from, a declared fire may be eligible for reimbursement. Demobilization may be claimed at a delayed date
if deployment involved one or more declared fires. If resources are being used
on more than one declared fire, mobilization and demobilization costs must
be claimed against the first declared
fire.
(i) Fires on co-mingled Federal/State
lands. Reasonable costs for the mitigation, management, and control of a declared fire burning on co-mingled Federal and State land may be eligible in
cases where the State has a responsibility for suppression activities under
an agreement to perform such action
on a non-reimbursable basis. (This provision is an exception to normal FEMA
policy under the Stafford Act and is intended to accommodate only those rare
instances that involve State firefighting on a Stafford Act section 420
fire incident involving co-mingled Federal/State and privately-owned forest
or grassland.)
§ 204.43

Ineligible costs.

Costs not directly associated with
the incident period are ineligible. Ineligible costs include the following:

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§§ 204.44–204.50

44 CFR Ch. I (10–1–11 Edition)

(a) Costs incurred in the mitigation,
management, and control of undeclared
fires;
(b) Costs related to planning, pre-suppression (i.e., cutting fire-breaks without the presence of an imminent
threat, training, road widening, and
other similar activities), and recovery
(i.e., land rehabilitation activities,
such as seeding, planting operations,
and erosion control, or the salvage of
timber and other materials, and restoration of facilities damaged by fire);
(c) Costs for the straight or regular
time salaries and benefits of a subgrantee’s permanently employed or reassigned personnel;
(d) Costs for mitigation, management, and control of a declared fire on
co-mingled Federal land when such
costs are reimbursable to the State by
a Federal agency under another statute
(See 44 CFR part 51);
(e) Fires fought on Federal land are
generally the responsibility of the Federal Agency that owns or manages the
land. Costs incurred while fighting
fires on federally owned land are not
eligible under the Fire Management
Assistance Grant Program except as
noted in § 204.42(i).
§§ 204.44–204.50

[Reserved]

Subpart D—Application
Procedures
§ 204.51 Application and approval procedures for a fire management assistance grant.
(a) Preparing and submitting an application. (1) After the approval of a fire
management assistance declaration,
the State may submit an application
package for a grant to the Regional
Administrator . The application package must include the SF 424 (Request
for Federal Assistance) and FEMA
Form 20–16a (Summary of Assurances—
Non-construction Programs), as well as
supporting documentation for the
budget.
(2) The State should submit its grant
application within 9 months of the declaration. Upon receipt of the written
request from the State, the Regional
Administrator may grant an extension
for up to 3 months. The State’s request

must include a justification for the extension.
(b) Fire cost threshold. (1) We will approve the initial grant award to the
State when we determine that the
State’s application demonstrates either of the following:
(i) Total eligible costs for the declared fire meet or exceed the individual fire cost threshold; or
(ii) Total costs of all declared and
non-declared fires for which a State
has assumed responsibility in a given
calendar year meet the cumulative fire
cost threshold.
(2) The individual fire cost threshold
for a State is the greater of the following:
(i) $100,000; or
(ii) Five percent × $1.07 × the State
population, adjusted annually for inflation using the Consumer Price Index
for All Urban Consumers published annually by the Department of Labor.
(3) The cumulative fire cost threshold
for a State is the greater of the following:
(i) $500,000; or
(ii) Three times the five percent ×
$1.07 × the State population as described in § 204.51(b)(2)(ii).
(4) States must document the total
eligible costs for a declared fire on
Project Worksheets, which they must
submit with the grant application.
(5) We will not consider the costs of
pre-positioning resources for the purposes of determining whether the grant
application meets the fire cost threshold.
(6) When the State’s total eligible
costs associated with the fire management assistance declaration meet or
exceed the fire cost threshold eligible
costs will be cost shared in accordance
with § 204.61.
(c) Approval of the State’s grant application. The Regional Administrator has
45 days from receipt the State’s grant
application or an amendment to the
State’s grant application, including attached
supporting
Project
Worksheet(s), to review and approve or deny
the grant application or amendment;
or to notify the Grantee of a delay in
processing funding.
(d) Obligation of the grant. Before we
approve the State’s grant application,
the State must have an up-to-date

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Federal Emergency Management Agency, DHS
State Administrative Plan and a Hazard Mitigation Plan that has been reviewed and approved by the Regional
Administrator . Once these plans are
approved by the Regional Administrator , the State’s grant application
may be approved and we may begin to
obligate the Federal share of funding
for subgrants to the Grantee.
(1) State administrative plan.(i) The
State must develop an Administrative
Plan (or have a current Administrative
Plan on file with FEMA) that describes
the procedures for the administration
of the Fire Management Assistance
Grant Program. The Plan will include,
at a minimum, the items listed below:
(A) The designation of the State
agency or agencies which will have responsibility for program administration.
(B) The identification of staffing
functions for the Fire Management Assistance Program, the sources of staff
to fill these functions, and the management and oversight responsibilities of
each.
(C) The procedures for:
(1) Notifying potential applicants of
the availability of the program;
(2) Assisting FEMA in determining
applicant eligibility;
(3)
Submitting
and
reviewing
subgrant applications;
(4) Processing payment for subgrants;
(5) Submitting, reviewing, and accepting subgrant performance and financial reports;
(6) Monitoring, close-out, and audit
and reconciliation of subgrants;
(7) Recovering funds for disallowed
costs;
(8) Processing appeal requests and requests for time extensions; and
(9) Providing technical assistance to
applicants and subgrant recipients, including briefings for potential applicants and materials on the application
procedures, program eligibility guidance and program deadlines.
(ii) The Grantee may request the Regional Administrator to provide technical assistance in the preparation of
the State Administrative Plan.
(2) Hazard Mitigation Plan. As a requirement of receiving funding under a
fire management assistance grant, a
State, or tribal organization, acting as
Grantee, must:

§ 204.52

(i) Develop a Mitigation Plan in accordance with 44 CFR part 201 that addresses wildfire risks and mitigation
measures; or
(ii) Incorporate wildfire mitigation
into the existing Mitigation Plan developed and approved under 44 CFR
part 201 that also addresses wildfire
risk and contains a wildfire mitigation
strategy and related mitigation initiatives.
[66 FR 57347, Nov. 14, 2001, as amended at 68
FR 61371, Oct. 28, 2003]

§ 204.52 Application and approval procedures for a subgrant under a fire
management assistance grant.
(a) Request for Fire Management Assistance. (1) State, local, and tribal governments interested in applying for subgrants under an approved fire management assistance grant must submit a
Request for Fire Management Assistance to the Grantee in accordance with
State procedures and within timelines
set by the Grantee, but no longer than
30 days after the close of the incident
period.
(2) The Grantee will review and forward the Request to the Regional Administrator for final review and determination. The Grantee may also forward a recommendation for approval of
the Request to the Regional Administrator when appropriate.
(3) The Regional Administrator will
approve or deny the request based on
the eligibility requirements outlined in
§ 204.41.
(4) The Regional Administrator will
notify the Grantee of his/her determination; the Grantee will inform the
applicant.
(b) Preparing a Project Worksheet. (1)
Once the Regional Administrator approves an applicant’s Request for Fire
Management Assistance, the Regional
Administrator’s staff may begin to
work with the Grantee and local staff
to prepare Project Worksheets (FEMA
Form 90–91).
(2) The Regional Administrator may
request the Principal Advisor to assist
in the preparation of Project Worksheets.
(3) The State will be the primary contact for transactions with and on behalf of the applicant.

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§ 204.53

44 CFR Ch. I (10–1–11 Edition)

(c) Submitting a Project Worksheet. (1)
Applicants should submit all Project
Worksheets through the Grantee for
approval and transmittal to the Regional Administrator as amendments
to the State’s application.
(2) The Grantee will determine the
deadline for an applicant to submit
completed Project Worksheets, but the
deadline must be no later than six
months from close of the incident period.
(3) At the request of the Grantee, the
Regional Administrator may grant an
extension of up to three months. The
Grantee must include a justification in
its request for an extension.
(4) Project Worksheets will not be accepted after the deadline and extension
specified in paragraphs (c)(2) and (c)(3)
of this section has expired.
(5) $1,000 Project Worksheet minimum.
When the costs reported are less than
$1,000, that work is not eligible and we
will not approve that Project Worksheet.
§ 204.53 Certifying
ments.

costs

and

pay-

(a) By submitting applicants’ Project
Worksheets to us, the Grantee is certifying that all costs reported on applicant Project Worksheets were incurred
for work that was performed in compliance with FEMA laws, regulations, policy and guidance applicable to the Fire
Management Assistance Grant Program, as well as with the terms and
conditions outlined for the administration of the grant in the FEMA-State
Agreement for the Fire Management
Assistance Grant Program.
(b) Advancement/Reimbursement for
State grant costs will be processed as
follows:
(1) Through the U.S. Department of
Health
and
Human
Services
SMARTLINK system; and
(2) In compliance with 44 CFR 13.21
and U. S. Treasury 31 CFR part 205,
Cash Management Improvement Act.
§ 204.54

Appeals.

An eligible applicant, subgrantee, or
grantee may appeal any determination
we make related to an application for
the provision of Federal assistance according to the procedures below.

(a) Format and content. The applicant
or subgrantee will make the appeal in
writing through the grantee to the Regional Administrator . The grantee will
review and evaluate all subgrantee appeals before submission to the Regional
Administrator . The grantee may make
grantee-related appeals to the Regional
Administrator . The appeal will contain documented justification supporting the appellant’s position, specifying the monetary figure in dispute
and the provisions in Federal law, regulation, or policy with which the appellant believes the initial action was inconsistent.
(b) Levels of appeal. (1) The Regional
Administrator will consider first appeals for fire management assistance
grant-related decisions under subparts
A through E of this part.
(2) The Assistant Administrator for
the Disaster Assistance Directorate
will consider appeals of the Regional
Administrator’s decision on any first
appeal under paragraph (b)(1) of this
section.
(c) Time limits. (1) Appellants must
file appeals within 60 days after receipt
of a notice of the action that is being
appealed.
(2) The grantee will review and forward appeals from an applicant or subgrantee, with a written recommendation, to the Regional Administrator
within 60 days of receipt.
(3) Within 90 days following receipt of
an appeal, the Regional Administrator
(for first appeals) or Assistant Administrator for the Disaster Assistance Directorate (for second appeals) will notify the grantee in writing of the disposition of the appeal or of the need for
additional information. A request by
the Regional Administrator or Assistant Administrator for the Disaster Assistance Directorate for additional information will include a date by which
the information must be provided.
Within 90 days following the receipt of
the requested additional information
or following expiration of the period
for providing the information, the Regional Administrator or Assistant Administrator for the Disaster Assistance
Directorate will notify the grantee in
writing of the disposition of the appeal.
If the decision is to grant the appeal,

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Federal Emergency Management Agency, DHS
the Regional Administrator will take
appropriate implementing action.
(d) Technical advice. In appeals involving highly technical issues, the Regional Administrator or may, at his or
her discretion, submit the appeal to an
independent scientific or technical person or group having expertise in the
subject matter of the appeal for advice
or recommendation. The period for this
technical review may be in addition to
other allotted time periods. Within 90
days of receipt of the report, the Regional Administrator or Assistant Administrator for the Disaster Assistance
Directorate will notify the grantee in
writing of the disposition of the appeal.
(e) The decision of the Assistant Administrator for the Disaster Assistance
Directorate at the second appeal level
will be the final administrative decision of FEMA.
§§ 204.55–204.60

[Reserved]

Subpart E—Grant Administration
§ 204.61 Cost share.
(a) All fire management assistance
grants are subject to a cost share. The
Federal cost share for fire management
assistance grants is seventy-five percent (75%).
(b) As stated in § 204.25, the cost share
provision will be outlined in the terms
and conditions of the FEMA-State
Agreement for the Fire Management
Assistance Grant Program.
§ 204.62 Duplication and recovery of
assistance.
(a) Duplication of benefits. We provide
supplementary assistance under the
Stafford Act, which generally may not
duplicate benefits received by or available to the applicant from insurance,
other
assistance
programs,
legal
awards, or any other source to address
the same purpose. An applicant must
notify us of all benefits that it receives
or anticipates from other sources for
the same purpose, and must seek all
such benefits available to them. We
will reduce the grant by the amounts
available for the same purpose from
another source. We may provide assistance under this Part when other benefits are available to an applicant, but
the applicant will be liable to us for

§ 204.63

any duplicative amounts that it receives or has available to it from other
sources, and must repay us for such
amounts.
(b) Duplication of programs. We will
not provide assistance under this part
for activities for which another Federal
agency has more specific or primary
authority to provide assistance for the
same purpose. We may disallow or recoup amounts that fall within another
Federal agency’s authority. We may
provide assistance under this part, but
the applicant must agree to seek assistance from the appropriate Federal
agency and to repay us for amounts
that are within another Agency’s authority.
(c) Negligence. We will provide no assistance to an applicant for costs attributable to applicant’s own negligence. If the applicant suspects negligence by a third party for causing a
condition for which we made assistance
available under this Part, the applicant
is responsible for taking all reasonable
steps to recover all costs attributable
to the negligence of the third party. We
generally consider such amounts to be
duplicated benefits available to the
Grantee or subgrantee, and will treat
them consistent with (a) of this section.
(d) Intentional acts. Any person who
intentionally causes a condition for
which assistance is provided under this
part shall be liable to the United
States to the extent that we incur
costs attributable to the intentional
act or omission that caused the condition. We may provide assistance under
this part, but it will be conditioned on
an agreement by the applicant to cooperate with us in efforts to recover
the cost of the assistance from the liable party. A person shall not be liable
under this section as a result of actions
the person takes or omits in the course
of rendering care or assistance in response to the fire.
§ 204.63

Allowable costs.

44 CFR 13.22 establishes general policies for determining allowable costs.
(a) We will reimburse direct costs for
the administration of a fire management assistance grant under 44 CFR
part 13.

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§ 204.64

44 CFR Ch. I (10–1–11 Edition)

(b) We will reimburse indirect costs
for the administration of a fire management assistance grant in compliance with the Grantee’s approved indirect cost rate under OMB Circular A–
87.
§ 204.64 Reporting and audit requirements
(a) Reporting. Within 90-days of the
Performance Period expiration date,
the State will submit a final Financial
Status Report (FEMA Form 20–10),
which reports all costs incurred within
the incident period and all administrative costs incurred within the performance period; and
(b) Audit. (1) Audits will be performed, for both the Grantee and the
subgrantees, under 44 CFR 13.26.
(2) FEMA may elect to conduct a program-specific Federal audit on the Fire
Management Assistance Grant or a
subgrant.

PART 205 [RESERVED]
PART 206—FEDERAL DISASTER
ASSISTANCE
Subpart A—General
Sec.
206.1 Purpose.
206.2 Definitions.
206.3 Policy.
206.4 State emergency plans.
206.5 Assistance by other Federal agencies.
206.6 Donation or loan of Federal equipment
and supplies.
206.7 Implementation of assistance from
other Federal agencies.
206.8 Reimbursement of other Federal agencies.
206.9 Nonliability.
206.10 Use of local firms and individuals.
206.11 Nondiscrimination in disaster assistance.
206.12 Use and coordination of relief organizations.
206.13 Standards and reviews.
206.14 Criminal and civil penalties.
206.15 Recovery of assistance.
206.16 Audit and investigations.
206.17 Effective date.
206.18–206.30 [Reserved]

Subpart B—The Declaration Process
206.31
206.32
206.33

206.34 Request for utilization of Department
of Defense (DOD) resources.
206.35 Requests for emergency declarations.
206.36 Requests for major disaster declarations.
206.37 Processing requests for declarations
of a major disaster or emergency.
206.38 Presidential determination.
206.39 Notification.
206.40 Designation of affected areas and eligible assistance.
206.41 Appointment of disaster officials.
206.42 Responsibilities of coordinating officers.
206.43 Emergency support teams.
206.44 FEMA-State Agreements.
206.45 Loans of non-Federal share.
206.46 Appeals.
206.47 Cost-share adjustments.
206.48 Factors considered when evaluating a
Governor’s request for major disaster
declaration.
206.49–206.60 [Reserved]

Subpart C—Emergency Assistance
206.61 Purpose.
206.62 Available assistance.
206.63 Provision of assistance.
206.64 Coordination of assistance.
206.65 Cost sharing.
206.66 Limitation on expenditures.
206.67 Requirement when limitation is exceeded.
206.68–206.100 [Reserved]

Subpart D—Federal Assistance to
Individuals and Households
206.101 Temporary housing assistance for
emergencies and major disasters declared
on or before October 14, 2002.
206.102–206.109 [Reserved]
206.110 Federal assistance to individuals and
households.
206.111 Definitions.
206.112 Registration period.
206.113 Eligibility factors.
206.114 Criteria for continued assistance.
206.115 Appeals.
206.116 Recovery of funds.
206.117 Housing assistance.
206.118 Disposal of housing units.
206.119 Financial assistance to address
other needs.
206.120 State administration of other needs
assistance.
206.121–206.130 [Reserved]

Subpart E—Individual and Family Grant
Programs
206.131 Individual and Family Grant Program for major disasters declared on or
before October 14, 2002.
206.132–206.140 [Reserved]

Purpose.
Definitions.
Preliminary damage assessment.

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