[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR204.51]

[Page 410-411]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 204_FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM--Table of Contents
 
                    Subpart D_Application Procedures
 
Sec. 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 Director. 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 Director 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 x $1.07 x 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 x $1.07 x the State population as 
described in Sec. 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 Sec. 204.61.
    (c) Approval of the State's grant application. The Regional Director 
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.

[[Page 411]]

    (d) Obligation of the grant. Before we approve the State's grant 
application, the State must have an up-to-date State Administrative Plan 
and a Hazard Mitigation Plan that has been reviewed and approved by the 
Regional Director. Once these plans are approved by the Regional 
Director, 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 Director 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:
    (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]