[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: 44CFR302.3]



[Page 557-560]

 

              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. 302.3  Documentation of eligibility.



    In order to remain eligible for Federal financial contributions 

under the regulations in this part, each State must have on file with 

FEMA a current State administrative plan, an emergency operations plan 

for civil defense, and an annual submission (including a statement of 

work) which have been approved by the Regional Director as being 

consistent with the national plan (i.e., program) for civil defense and 

as meeting the requirements of the regulations in this part and CPG 1-3. 

A State may allocate a portion of its EMA funds to an Indian tribe as a 

subgrantee where the State has assumed jurisdiction pursuant to State 

law and tribal regulations.

    (a) State administrative plans. Every State has a State 

administrative plan file with FEMA and is required to keep the plan 

current through amendments as necessary. Such plans and amendments shall 

be reviewed by the Regional Director, who will advise the State in 

writing as to the effect, if any, changes will have on the continued 

eligibility of the State and its subgrantees. The Regional Director 

shall not, however, approve any amendments that would result in failure 

of the plan to meet these criteria:

    (1) Provides for and is, pursuant to State law, in effect in all 

political subdivision of the State, mandatory on them, and, unless 

waived by the Director under section 204 of the Intergovernmental 

Cooperation Act of 1968 (42 U.S.C. 4214), administered or supervised by 

a single State administrative agency. In demonstrating that the State 

administrative plan for civil defense is in effect in all political 

subdivisions of the State and mandatory on them, the plan shall contain 

references to the applicable State statutes and local ordinances, 

executive orders and directives, and rules and regulations at the State 

and local level that establish the civil defense authority, structure, 

plans, and procedures, including those relating to emergency operations, 

throughout the State.

    (2) Provides assurance of nonFederal contributions at least equal to 

Federal funding for necessary and essential costs eligible under this 

program from any source consistent with State law, but not from another 

Federal source unless Federal law specifically authorizes the use of 

funds from such Federal source as part of the State's share.

    (3) Provides for the development of State and local government civil 

defense emergency operations plans pursuant to the standards approved by 

the Director.



[[Page 558]]



    (4) Provides for the employment by the State of full-time civil 

defense director or deputy director.

    (5) Provides for the establishment and maintenance of methods of 

personnel administration in public agencies administering or supervising 

the civil defense program, at both the State and local government 

levels, in conformity with the Standards for a Merit System of Personnel 

Administration (5 CFR part 900), which incorporate the Intergovernmental 

Personnel Act Merit Principles (Pub. L. 91-648, section 2, 84 Stat. 

1908) prescribed by the Office of Personnel Management pursuant to 

section 208 of the Intergovernmental Personnel Act of 1970, as amended.

    (6) Provides for the establishment of safeguards to prohibit State 

and local government employees from using their positions for a purpose 

that is or gives the appearance of being motivated by desire for private 

gain for themselves or others, particularly those with whom they have 

family, business, or other ties.

    (7) Provides that the State shall make such reports (including 

without limitation financial reports) in such form and content as the 

Director may require.

    (8) Provides that the State and all subgrantees shall retain, in 

accordance with OMB Circular A-102, and make available to duly 

authorized representatives of the Director and the U.S. Comptroller 

General all books, records, and papers pertinent to the grant program 

for the purpose of making audits, examinations, excerpts, and 

transcripts necessary to conduct audits.

    (9) Provides for establishment and maintenance of a financial 

management system of grant-supported activities of the State and all 

subgrantees which meets the federally prescribed standards promulgated 

in ``Standards for Grantee Financial Management Systems,'' Attachment G 

of OMB Circular A-102.

    (10) Provides for establishment and maintenance of procedures for 

monitoring and reporting grant program and projet performance of the 

State and its subgrantees which meet the federally prescribed standards 

promulgated in Attachment I of OMB Circular A-102.

    (11) Provides for the establishment and maintenance at the State 

level and by subgrantees of property management systems in accordance 

with the federally prescribed standards set forth in Attachment N of OMB 

Circular A-102.

    (12) Provides for the establishment and maintenance at the State 

level and by subgrantees of systems for the procurement of supplies, 

equipment, construction, and other services, with the assistance of 

grant funds, in accordance with federally prescribed standards set forth 

in Attachment O of OMB Circular A-102.

    (13) Provides for disbursement of the appropriate share of the 

Federal grant to the State's subgrantees in accordance with requirements 

detailed in CPG 1-3.

    (14) Provides for the State's supervision and review of the civil 

defense plans, programs, and operations of its subgrantees to obtain 

conformity and compliance with Federal requirements and goals set forth 

or referenced in the regulations in this part and as detailed in CPG 1-

3.

    (15) Contains a Statement of Compliance with grantor agency 

regulations relating to nondiscrimination in FEMA programs (see 44 CFR 

part 7).

    (16) Provides for timely submission to the appropriate Regional 

Director of amendments to the administrative plan as necessary to 

reflect the current laws, regulation, criteria, plans, methods, 

practices, and procedures for administration of the State's civil 

defense program and those of its subgrantees.

    (17) Conforms to other Federal standards and requirements set forth 

or referenced in the regulations in this part and as detailed in CPG 1-

3.

    (18) Provides for performance of independent organizationwide audits 

by State and local governments that receive EMA funds of their financial 

operations, including compliance with certain provisions of Federal law 

and regulation.

    (b) Emergency Operations Plans (EOP's). (1) Each participating State 

shall have an EOP approved by the Regional Director and conforming with



[[Page 559]]



the requirements for plan content set forth in this part and in CPG 1-3, 

and in CPG 1-8 ``Guide for the Development of State and Local Emergency 

Operations Plans'' and in CPG 1-8A, ``Guide for the Review of State and 

Local Emergency Operations Plans,'' which plan must provide for 

coordinated actions to be undertaken throughout the State in the event 

of attack and in the event of other disasters.

    (2) Each subgrantee jurisdiction shall have a local EOP which 

conforms with the requirements for plan content as set forth in CPG 1-3 

and CPG 1-8 and CPG 1-8A, and which has been approved by the local chief 

executive or other authorized official and accepted by the Governor or 

other authorized State official as being consistent with the State's 

EOP.

    (c) Annual submission. Each State should include in its annual CCA 

application the amount of EMA funding requested (see Sec. 302.5(c)). In 

order to participate for a particular Federal fiscal year, however, each 

State must also, within 60 days of receipt or notice of a formal 

allocation made pursuant to the criteria set forth in Sec. 302.5 and in 

accordance with procedures and criteria specified in CPG 1-3, aubmit to 

the Regional Director an approvable annual submission which includes:

    (1) A request or amended request for a financial contribution from 

FEMA in a specified amount for civil defense personnel and 

administrative expenses; (see Sec. 302.5 (d) through (h)).

    (2) Unless previously submitted for the particular Federal fiscal 

year, a statement of work for the State and proposed subgrantees or 

amendments to a statement of work previously submitted under the CCA.

    (3) Staffing patterns (including new or revised job descriptions not 

previously submitted) on forms prescribed by FEMA for the civil defense 

organizations of the State and proposed subgrantees; and

    (4) Any amendments to the State administrative plan required to 

reflect current status.

    (d) Approval of State administrative plan and annual submission. If 

the State administrative plan and the annual submission are determined 

to be approvable, the Regional Director will so notify the State in 

writing. The State administrative plan is a one-time submission. Unless 

amendments are necessary to meet Federal standards prescribed in the 

regulations in this part or in CPG 1-3 or to reflect changes in the 

State's administrative structure, procedures, criteria, or activities, 

or unless a portion were conditionally approved by the Regional Director 

as provided for in paragraph (e) of this section, no approval regarding 

the State administrative plan will be required for a State which 

participated for the preceding Federal fiscal year.

    (e) Agreement for contribution. Approval pursuant to procedures and 

criteria described in this part and in CPG 1-3 of an annual submission 

of a State whose administrative plan is approved and current shall 

constitute agreement between FEMA and the State as grantee for its 

participation and that of its subgrantees in this program during the 

Federal fiscal year covered by the approved annual submission on the 

basis of the requirements and conditions prescribed in this part, in CPG 

1-3, and in other federally promulgated criteria referenced in this 

part. Refusal or failure to comply with such requirements and conditions 

may result in the grantor agency cancelling, terminating, or suspending 

the grant, in whole or in part, and refraining from extending any 

further assistance to the grantee or subgrantee until satisfactory 

assurance of future compliance has been received.

    (f) Disapproval or conditional approval. If a State's administrative 

plan or annual submission is disapproved, the Regional Director will 

advise the State in writing, including the reasons for such disapproval 

and the revisions required for approval. The State shall have 30 days 

from date of such notification in which to submit its revisions. In the 

event more time is required in which to place the revisions into effect, 

the Regional Director may conditionally approve the State administrative 

plan or annual submission subject to the specified conditions to be met 

within a specified time, as agreed by the State and FEMA.

    (g) Appeals. (1) Appeal from a Regional Director's disapproval of a 

State



[[Page 560]]



administrative plan or an annual submission or other final action as 

unjustified under the criteria in CPG 1-3 may be made by letter to the 

Associate Director, State and Local Programs and Support (FEMA), signed 

by an authorized State official and submitted through the Regional 

Director. Such appeal letter shall be mailed or otherwise transmitted so 

as to reach the Regional Director within 30 days after receipt of the 

notification of disapproval. Failure to file its appeal on time may 

result in withdrawal of the State's allocation and the proposed funding 

being reallocated by the Director.

    (2) A local jurisdiction that regards the final action on its 

subgrant made by a State as unjustified under the criteria in CPG 1-3 

may submit an appeal through the State to the Regional Director. Upon 

receipt of such an appeal, the Regional Director shall forward the 

letter, together with all available pertinent documentation from the 

Regional Director's files and any additional documentation submitted by 

the local jurisdiction in support of its appeal, to the Associate 

Director, State and Local Programs and Support, for review and 

determination. The appeal shall contain all of the exceptions being 

taken by the State or local jurisdiction, and no exceptions will be 

determined piecemeal.

    (3) No portion of the appellant State's allocation shall be 

reallocated by FEMA, and no portion of a local jurisdiction's allocation 

shall be reallocated by the State, pending determination of its appeal 

by the Director. The State and local jurisdiction (if applicable) will 

be notified in writing of the Director's decision, including a statement 

of the reasons therefor.



(Approved by Office of Management and Budget under control number 3067-

0138)



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