[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: 44CFR204.62]

[Page 413]
 
              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 E_Grant Administration
 
Sec. 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 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.