[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: 44CFR206.44]



[Page 430-431]

 

              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



[[Page 431]]



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]