[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR204.62]



[Page 416]

 

              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 E_Grant Administration

 

Sec.  204.62  Duplication and recovery of assistance.



    (a) Duplication of benefits. We provide supplementary assistance 

under the Stafford Act, which generally may not duplicate benefits 

received by or available to the applicant from insurance, other 

assistance programs, legal awards, or any other source to address the 

same purpose. An applicant must notify us of all benefits that it 

receives or anticipates from other sources for the same purpose, and 

must seek all such benefits available to them. We will reduce the grant 

by the amounts available for the same purpose from another source. We 

may provide assistance under this Part when other benefits are available 

to an applicant, but the applicant will be liable to us for any 

duplicative amounts that it receives or has available to it from other 

sources, and must repay us for such amounts.

    (b) Duplication of programs. We will not provide assistance under 

this part for activities for which another Federal agency has more 

specific or primary authority to provide assistance for the same 

purpose. We may disallow or recoup amounts that fall within another 

Federal agency's authority. We may provide assistance under this part, 

but the applicant must agree to seek assistance from the appropriate 

Federal agency and to repay us for amounts that are within another 

Agency's authority.

    (c) Negligence. We will provide no assistance to an applicant for 

costs attributable to applicant's own negligence. If the applicant 

suspects negligence by a third party for causing a condition for which 

we made assistance available under this Part, the applicant is 

responsible for taking all reasonable steps to recover all costs 

attributable to the negligence of the third party. We generally consider 

such amounts to be duplicated benefits available to the Grantee or 

subgrantee, and will treat them consistent with (a) of this section.

    (d) Intentional acts. Any person who intentionally causes a 

condition for which assistance is provided under this part shall be 

liable to the United States to the extent that we incur costs 

attributable to the intentional act or omission that caused the 

condition. We may provide assistance under this part, but it will be 

conditioned on an agreement by the applicant to cooperate with us in 

efforts to recover the cost of the assistance from the liable party. A 

person shall not be liable under this section as a result of actions the 

person takes or omits in the course of rendering care or assistance in 

response to the fire.