[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: 44CFR302.2]



[Page 554-557]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 302_CIVIL DEFENSE-STATE AND LOCAL EMERGENCY MANAGEMENT ASSISTANCE 

PROGRAM (EMA)--Table of Contents

 

Sec. 302.2  Definitions.



    Except as otherwise stated or clearly apparent by context, the 

definitions ascribed in this section to each of the listed terms shall 

constitute their meaning when used in the regulations in this part. 

Terms not defined in this part shall have the meaning set forth in their 

definition, if any, in the Federal Civil Defense Act of 1950, as 

amended.



[[Page 555]]



    (a) Act. The Federal Civil Defense Act of 1950, as amended (50 

U.S.C. App. 2251 et seq.).

    (b) Administrative expenses. Necessary and essential expenses, other 

than personnel expenses as defined in this section, of a grantee and its 

subgrantees incurred in the administration of their civil defense 

programs, as detailed in CPG 1-3, Federal Assistance Handbook, and in 

CPG 1-32, FEMA Financial Assistance Guidelines.

    (c) Annual submission. The State's annual request for participation 

in the contributions program authorized by section 205 of the Act. As 

specified in CPG 1-3, it includes staffing patterns (including job 

description changes), budget requirements, and any amendments to the 

State administrative plan, a request for funds covering the State and 

its subgrantees and program statements of work for the grantee and 

subgrantees under the Comprehensive Cooperative Agreement.

    (d) Approval. All approvals by the Federal Emergency Management 

Agency (FEMA) as grantor agency required under the regulations in this 

part mean prior approval in writing signed by an authorized FEMA 

official. When failure to obtain prior approval of an action has not 

resulted and is not expected to result in any failure of compliance with 

a substantive requirement, and approval after the fact is not contrary 

to law (or regulation having the effect of law), written approval after 

the fact may be granted at the discretion of the authorized official.

    (e) CPG 1-3. Civil Preparedness Guide entitled ``Federal Assistance 

Handbook,'' which sets forth detailed guidance on procedures that a 

State and, where applicable, its political subdivisions must follow in 

order to request financial assistance from the grantor agency. It also 

sets forth detailed requirements, terms, and conditions upon which 

financial assistance is granted under these regulations. Included are 

amendments by numbered changes. References to CPG 1-3 include provisions 

of any other volumes of the CPG series specifically referenced in CPG 1-

3. Copies of the Civil Preparedness Guides and the Civil Preparedness 

Circulars may be ordered by FEMA Regional Offices using FEMA Form 60-8 

transmitted to FEMA, P.O. Box 8181, Washington, DC, 20024. One or more 

copies of CPG 1-3 have been distributed to each State and to each local 

government participating in the program under the regulations in this 

part. Copies of revisions and amendments are distributed to 

participating governments (addressed to the Emergency Management 

Coordinator) upon issuance.

    (f) Comprehensive Cooperative Agreement (CCA). Provides for each 

State a single vehicle for applying for and receiving financial 

assistance for several discrete FEMA programs and for organizing and 

reporting on emergency management objectives and accomplishments, 

particularly under the funded programs.

    (g) Emergency management. Refers to the activities and measures 

undertaken by a State, or one of its political subdivisions, to manage a 

``civil defense program'' as defined and provided for by the Federal 

Civil Defense Act of 1950, as amended, including without limitation 

Title V, added by Public Law 96-342, and section 207, added by Public 

Law 97-86. Title V calls for an improved civil defense program that 

includes:

    (1) A program structure for the resources to be used for attack-

related civil defense; (2) a program structure for the resources to be 

used for disaster-related civil defense; and (3) criteria and procedures 

under which those resources planned for attack-related civil defense and 

those planned for disaster-related civil defense can be used 

interchangeably. Thus, emergency management includes ``civil defense'' 

for and operations in either attack-related or disaster-related 

emergencies. Section 207 allows Federal Civil Defense Act funds to be 

used for disaster preparedness and response if such use ``is consistent 

with, contributes to, and does not detract from attack-related civil 

defense preparedness.'' Also 44 CFR part 312, Use of Civil Defense 

Personnel, Materials, and Facilities for Natural Disaster Purposes, 

provides terms and conditions for such use.



[[Page 556]]



    (h) Director. The head of the grantor agency or another official of 

the Agency authorized in writing by the Director to act officially on 

behalf of the Director.

    (i) Forms prescribed by the grantor agency. Forms prescribed by the 

grantor agency are identified in CPG 1-3 and may be ordered by FEMA 

Regional Offices using FEMA Form 60-8 transmitted to FEMA, P.O. Box 

8181, Washington, DC, 20024.

    (j) Grantee. A State that has received EMA funds as a result of 

having a State administrative plan, a statement of work, and an annual 

submission, all approved by the grantor agency as meeting the 

requirements prescribed in this part and in CPG 1-3 for necessary and 

essential State and local civil defense personnel and administrative 

expenses for a current Federal fiscal year.

    (k) Grantor agency. The Federal Emergency Management Agency (FEMA).

    (l) Interstate civil defense authority. Any civil defense authority 

established by interstate compact pursuant to section 201(g) of the Act.

    (m) Necessary and essential civil defense expenses. Necessary and 

essential civil defense expenses are those required for the proper and 

efficient administration of the civil defense program of a grantee or a 

subgrantee as described in a State administrative plan and statement of 

work approved by the Regional Director as being consistent with the 

national plan (i.e., program) for civil defense and as meeting other 

requirements for civil defense prescribed by or under provisions of the 

Act.

    (n) OMB Circular A-87. ``Cost Principles Applicable to Grants and 

Contracts with State and Local Governments,'' promulgated by the Office 

of Management and Budget, Executive Office of the President, as 

published in the Federal Register (46 FR 9548) and subsequent amendments 

or revisions. (See CPG 1-32, Financial Assistance Guidelines).

    (o) OMB Circular A-102. ``Uniform Administrative Requirements for 

Grants-in-aid to State and Local Governments,'' promulgated by the 

Office of Management and Budget, Executive Office of the President (42 

FR 45828) including amendments or revisions as published in the Federal 

Register. (See CPG 1-32, Financial Assistance Guidelines).

    (p) Emergency Operations Plan (EOP). State or local government 

Emergency Operations Plans identify the available personnel, equipment, 

facilities, supplies, and other resources in the jurisdiction and states 

the method or scheme for coordinated actions to be taken by individuals 

and government services in the event of natural, manmade and attack-

related disasters.

    (q) Personnel expenses. Necessary and essential civil defense 

expenses for personnel on the approved staffing pattern of a grantee or 

subgrantee (including but not necessarily limited to salaries, wages, 

and supplementary compensation and fringe benefits) for such employees 

appointed in accordance with State and local government laws and 

regulations under a system which meets Federal merit system and other 

applicable Federal requirements. Such expenses must be supported by job 

descriptions, payrolls, time distribution records, and other 

documentation as detailed in CPG 1-3. Personnel compensation and other 

costs incurred with regard to employees who are not on the civil defense 

staff but whose work serves the civil defense agency (e.g., State's 

budget and accounting office) may be charged as civil defense expense to 

the extent covered therefore in a federally approved indirect cost 

allocation plan.

    (r) Political subdivisions. Local governments, including but not 

limited to cities, towns, incorporated communities, counties or 

parishes, and townships.

    (s) Regional Director. A FEMA official delegated authority to 

exercise specified functions as they apply to grantees and subgrantees, 

within the geographical area of a particular region as identified 

(including address) in 44 CFR part 2.

    (t) State. Any of the actual States, the District of Columbia, the 

Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana 

Islands, and the territories of American Samoa, Guam, and the Virgin 

Islands.

    (u) State administrative plan (OMB 3067-0138). A one-time submission 

with



[[Page 557]]



amendments as necessary to keep it current, the plan is a formal 

description of each participating State's total civil defense program 

and of related State and local laws, executive directives, rules, and 

plans and procedures, including personnel standards administered on a 

merit basis, updated emergency operations plans, travel regulations, 

indirect cost allocation plans and other information necessary to 

reflect the total civil defense program throughout the State. The plan 

also includes without limitation documentation as to administrative and 

financial systems to assure compliance with uniform grant-in-aid 

administrative requirements for States and subgrantees as required under 

OMB Circular A-102 and with other requirements relevant to the 

eligibility of the State and its political subdivisions for 

participation in financial assistance programs for civil defense 

purposes. Detailed requirements are prescribed in CPG 1-3. (Also see 

Sec. 302.3.)

    (v) Statement of work. Formal identification of specific actions to 

be accomplished by a State and its political subdivisions during the 

fiscal year for which Federal funds are being requested by the State. 

Submission is made to the FEMA Regional Director as part of the CCA 

Program Narrative.

    (w) Subgrantee. A political subdivision of a State listed in the 

State's annual submission (or amendments thereto) as approved by the 

grantor agency (including any grantor agency-approved amendments 

thereto) as eligible to receive a portion of the Federal financial 

contribution provided for use within the State. The term includes Indian 

tribes when the State has assumed jurisdiction pursuant to State law and 

tribal regulations.



[48 FR 44211 Sept. 28, 1983, as amended at 51 FR 12520, Apr. 11, 1986]