[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR204.3]



[Page 406-408]

 

              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 A_General

 

Sec. 204.3  Definitions used throughout this part.



    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.

    Associate Director. The Associate Director or Assistant Director, as 

applicable, of the Readiness, Response and Recovery Directorate of FEMA, 

or his/her designated representative.

    Declared fire. An uncontrolled fire or fire complex, threatening 

such destruction as would constitute a major disaster, which the 

Associate Director has approved in response to a State's request for a 

fire management assistance declaration and in accordance with the 

criteria listed in Sec. 204.21.

    Demobilization. The process and procedures for deactivating, 

disassembling, and transporting back to their



[[Page 407]]



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.

    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 Director, 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



[[Page 408]]



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 Director. A director 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]