[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: 44CFR204.51]



[Page 412-413]

 

              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 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 413]]



    (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]