[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: 44CFR302.5]



[Page 560-562]

 

              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. 302.5  Allocations and reallocations.



    (a) The Director shall allocate the entire amount of funds available 

for the purposes of this program from the appropriation for each fiscal 

year. The allocation made to each State represents the total amount of 

funds available to pay the Federal share of necessary and essential 

civil defense personnel and administrative expenses of the State and its 

participating subdivisions during the fiscal year.

    (b) The first calculation for developing the allocation for each 

State will be a formula distribution in accordance with section 205(d) 

of the Act, made by applying the following percentages to the total sum 

of Emergency Management Assistance in the President's budget request to 

Congress:

    (1) Fifty (50) percent will be allocated on the basis of the prior-

year State allocations, in fulfilment of the statutory requirement to 

give due regard to ``the relative state of development of



[[Page 561]]



civil defense readiness of the State'' (State and local levels).

    (2) Thirty-three (33) percent will be allocated on the basis of the 

ratio of the State's population to the national population (50 States, 

District of Columbia, and Puerto Rico), in fulfilment of the statutory 

requirements to give due regard to ``population'' and to ``the 

criticality of target and support areas and the areas which may be 

affected by natural disasters with respect to the development of the 

total civil defense readiness of the Nation.''

    (3) Fifteen (15) percent will be divided equally among the 50 

States, the District of Columbia, and Puerto Rico.

    (4) In consonance with the statutory provision allowing the Director 

to prescribe other factors concerning the State allocations, the 

remaining two (2) percent will be held temporarily in reserve, to be 

used first to fund the four territories of the Virgin Islands, American 

Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. 

Conditions peculiar to those areas make strict application of the 

mathematical formula in Sec. 302.5(b) inequitable. Therefore, the 

Director will consider prior-year allocations, percentage of total 

United States population, and the factors set out in Sec. 302.5(e) (1), 

(2), (4), and (5) in determining their allocations. The remaining 

balance of the reserve fund will then be used to restore any State which 

would receive less by formula share than its formula share for the 

previous fiscal year, provided that the reserve balance is sufficient to 

do this for all such States. Any remaining balance after this has been 

done will constitute a supplemental fund from which the Director will 

consider State requests for additional funding and the needs of any 

interstate civil defense authorities.

    (c) For initial planning purposes only, each State will then be 

informed of the figure by the Regional Director. The State will base its 

initial EMA application upon that figure but may request a smaller 

amount or with appropriate justification a larger amount.

    (d) The amount requested by the State shall not exceed 50 percent of 

its estimate of necessary and essential State and local personnel and 

administrative expenses for the fiscal year.

    (e) The formula distribution shall be reviewed and evaluated, and 

adjusted as appropriate, by the Director, based on the current situation 

in each State, the requests of all States, and recommendations by the 

Regional Directors. The Director will consider the following five 

factors:

    (1) The ability of the State and its subgrantees to effectively 

expend such an amount for necessary and essential civil defense 

personnel and administrative purposes. Past performance is a factor in 

this determination.

    (2) Special circumstances existing in the State at the time of 

allocating which require unusual expenditures for civil defense.

    (3) Conditions peculiar to the State which make strict application 

of mathematical formula inequitable either to that State or other 

States.

    (4) The relative cost of civil defense personnel and administrative 

services in that State; that is, whether such costs are considerably 

above or below the national average for similar services and expenses.

    (5) Substantial changes in the civil defense readiness of the State 

not reflected by its recent civil defense expenditures.

    (f) In September of each year, based on applications received and 

recommendations by the Regional Directors, the Director will make a 

tentative allocation to the States. This will include adjustments for 

States that have indicated they will not be using the total of the 

formula distribution amount. States can then revise their earlier plans 

and applications to more nearly reflect the level of funding expected to 

become available.

    (g) A State may provide to the Regional Director a preliminary 

annual submission in an amount not to exceed its tentative allocation.

    (h) By September 30 (or as soon thereafter as feasible), the 

Director will make a formal allocation based on, or subject to, 

appropriation by Congress and allotment of the funds. This allocation 

for each State may include any additional amounts from the reserve 

portion of the EMA funds, and



[[Page 562]]



shall be in accordance with the regulations in this part and CPG 1-3.

    (i) Upon the appropriation becoming available, and if requested by a 

State, the Regional Director may approve such State's preliminary annual 

submission (if found to meet all requirements in this part and CPG 1-3) 

in an appropriate amount which does not exceed the amount of the State's 

share of the Director's formal allocation of the Federal appropriation. 

An award document obligating Federal funds on the basis of the approved 

preliminary annual submission may be executed in accordance with the 

provisions of CPG 1-3.

    (j) Based on and within 60 days after notification of its formal 

allocation, each State must provide to the Regional Director a final 

annual submission which meets all requirements in this part and CPG 1-3. 

If no changes are necessary, a State and the Regional Director may adopt 

in writing the State's preliminary annual submission as its final annual 

submission. If no award document was executed based on a State's 

preliminary annual submission, such document will be executed on the 

basis of that State's approved final annual submission.

    (k) With regard to any State whose award document was executed 

pursuant to a preliminary annual submission covering only part of its 

formal allocation, upon approval (by the Regional Director) of the final 

annual submission (including a revised statement of work supporting the 

additional funding request) the Regional Director shall execute an 

amended award document obligating the balance of such State's formal 

allocation.

    (l) After being advised of its annual formal allocation, if a State 

fails to submit, within 60 days, an approvable annual submission in the 

amount of its allocation, the Regional Director may reallocate the 

unused portion to other States in the region in such amounts as in his/

her judgment will best assure adequate development of the civil defense 

capability of the Nation. The exception to this authority is in the 

event a State, or local jurisdiction, refuses to participate in attack 

preparedness activities. EMA funds withheld or returned for that reason 

are to be released to headquarters for reallocation on a national basis. 

In addition, the Regional Director may from time to time reallocate the 

amounts released by a State from its allocation as no longer being 

required for utilization in accordance with an approved annual 

submission and award document.

    (m) Immediate notice to the headquarters EMA Program Manager of 

State reallocations is required in the form of copies of EMA-approved 

Annual Submission amendment documents, accompanied by copies of 

assistance award/amendment documents signed by regional and State 

authorized officials of both the releasing and recipient States.

    (n) There is no dollar ceiling on the amount of funds that may be 

reallocated among States in a region. However, at any time that there 

are funds surplus to the eligible needs of the States within a region, 

those funds should be promptly released to headquarters for reallocation 

to other States with unfunded additional requirements.

    (o) On July 1 of each fiscal year, the authority to reallocate EMA 

funds shall revert to the Director. In addition, any excess EMA funds 

available on that date, or that become available during the remainder of 

the fiscal year, are to be promptly released to headquarters for 

reallocation by the Director.



[48 FR 44211 Sept. 28, 1983, as amended at 51 FR 12521, Apr. 11, 1986; 

51 FR 43924, Dec. 5, 1986; 56 FR 29905, July 1, 1991]