[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR206.44]

[Page 428]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 206--FEDERAL DISASTER ASSISTANCE FOR DISASTERS DECLARED ON OR AFTER 
NOVEMBER 23, 1988--Table of Contents
 
                   Subpart B--The Declaration Process
 
Sec. 206.44  FEMA-State Agreements.

    (a) General. Upon the declaration of a major disaster or an 
emergency, the Governor, acting for the State, and the FEMA Regional 
Director or his/her designee, acting for the Federal Government, shall 
execute a FEMA-State Agreement. The FEMA-State Agreement states the 
understandings, commitments, and conditions for assistance under which 
FEMA disaster assistance shall be provided. This Agreement imposes 
binding obligations on FEMA, States, their local governments, and 
private nonprofit organizations within the States in the form of 
conditions for assistance which are legally enforceable. No FEMA funding 
will be authorized or provided to any grantees or other recipients, nor 
will direct Federal assistance be authorized by mission assignment, 
until such time as this Agreement for the Presidential declaration has 
been signed, except where it is deemed necessary by the Regional 
Director to begin the process of providing essential emergency services 
or housing assistance under the Individuals and Households Program.
    (b) Terms and conditions. This Agreement describes the incident and 
the incident period for which assistance will be made available, the 
type and extent of the Federal assistance to be made available, and 
contains the commitment of the State and local government(s) with 
respect to the amount of funds to be expended in alleviating damage and 
suffering caused by the major disaster or emergency. The Agreement also 
contains such other terms and conditions consistent with the declaration 
and the provisions of applicable laws, Executive Order and regulations.
    (c) Provisions for modification. In the event that the conditions 
stipulated in the original Agreement are changed or modified, such 
changes will be reflected in properly executed amendments to the 
Agreement, which may be signed by the GAR and the Regional Director or 
his/her designee for the specified major disaster or emergency. 
Amendments most often occur to close or amend the incident period, to 
add forms of assistance not originally authorized, or to designate 
additional areas eligible for assistance.
    (d) In a modified declaration for a Federal emergency, a FEMA-State 
Agreement may or may not be required based on the type of assistance 
being provided.

[55 FR 2292, Jan. 23, 1990, as amended at 67 FR 61460, Sept. 30, 2002]