[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR65.85]

[Page 169-170]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 65--EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE--Table of Contents
 
                  Subpart I--Immigration Emergency Fund
 
Sec. 65.85  Procedures for State or local governments applying for funding.

    (a) In the event that the chief executive of a State or local 
government determines that any of the circumstances set forth in 
Sec. 65.83 of this subpart exists, he or she may pursue the procedures 
in this section to submit to the Attorney General an application for a 
reimbursement agreement, grant, or cooperative agreement as described in 
Sec. 65.84 of this subpart.
    (b) The Department strongly encourages chief executives of States 
and local governments, if possible, to consult informally with the 
Attorney General and the Commissioner of INS prior to submitting a 
formal application. This informal consultation is intended to facilitate 
discussion of the nature of the assistance to be provided by the State 
or local government, the requirements of the Attorney General, if any, 
for such assistance, the costs associated with such assistance, and the 
Department's preliminary views on the appropriateness of the proposed 
funding.
    (c) The chief executive of a State or local government shall submit 
an application in writing to the Attorney General, and shall file a copy 
with the Commissioner of INS. The application shall set forth in detail 
the following information:
    (1) The name of the jurisdiction requesting reimbursement;
    (2) All facts supporting the application;

[[Page 170]]

    (3) The nature of the assistance which the State or local government 
has provided or will provide, as required by the Attorney General, for 
which funding is requested;
    (4) The dollar amount of the funding sought;
    (5) A justification for the amount of funding being sought;
    (6) The expected duration of the conditions requiring State or local 
assistance;
    (7) Information about whether funding is sought for past costs or 
for future costs;
    (8) The name, address, and telephone number of a contact person from 
the requesting jurisdiction.
    (d) If the Attorney General determines that the assistance for which 
funding is sought under paragraph (c) of this section is appropriate 
under the standards of this subpart, the Attorney General may enter into 
a reimbursement or cooperative agreement or may make a grant in the same 
manner as if the assistance had been requested by the Attorney General 
as described under Sec. 65.84 of this subpart.
    (e) The Attorney General will consider all applications from State 
or local governments until the Attorney General has obligated funding 
available for such purposes as determined by the Attorney General. The 
Attorney General will make a decision with respect to any application 
submitted under this section that contains the information described in 
paragraph (c) of this section within 15 calendar days of such 
application.
    (f) In exigent circumstances, the Attorney General may waive the 
requirements of this section concerning the form, contents, and order of 
consideration of applications, including the requirement in paragraph 
(c) of this section that applications be submitted in writing.

[Order No. 1892-94, 59 FR 30522, June 14, 1994, as amended by Order No. 
2601-2002, 67 FR 48361, July 24, 2002]