Fed. Emergency Mgmt. Agency, DHS Pt. 206 - GovInfo

Fed. Emergency Mgmt. Agency, DHS

Pt. 206

available to the recipient or subrecipient, 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 FEMA incurs costs attributable to the intentional act or omission that caused the condition. FEMA may provide assistance under this part, but it will be conditioned on an agreement by the applicant to cooperate with FEMA 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.

[66 FR 57347, Nov. 14, 2001, as amended at 79 FR 63546, Oct. 24, 2014; 82 FR 42, Jan. 3, 2017]

? 204.63 Allowable costs.

2 CFR part 200, subpart E--Cost Principles establishes general policies for determining allowable costs.

(a) FEMA will reimburse direct costs for the administration of a fire management assistance grant under 2 CFR part 200.

(b) FEMA will reimburse indirect costs for the administration of a fire management assistance grant in compliance with the recipient's approved indirect cost rate under 2 CFR part 200.

(c) Management costs as defined in 44 CFR part 207 do not apply to this section.

[79 FR 76085, Dec. 19, 2014, as amended at 82 FR 42, Jan. 3, 2017]

? 204.64 Reporting and audit requirements

(a) Reporting. Within 90-days of the Performance Period expiration date, the State will submit a final Financial Status Report, which reports all costs incurred within the incident period and all administrative costs incurred within the performance period; and

(b) Audit. (1) Audits will be performed, for both the recipient and the subrecipients, under 2 CFR 200.500? 200.520.

(2) FEMA may elect to conduct a program-specific Federal audit on the Fire

Management Assistance Grant or a subgrant.

[66 FR 57347, Nov. 14, 2001, as amended at 79 FR 63546, Oct. 24, 2014; 79 FR 76085, Dec. 19, 2014; 82 FR 42, Jan. 3, 2017]

PART 205 [RESERVED]

PART 206--FEDERAL DISASTER ASSISTANCE

Subpart A--General

Sec. 206.1 Purpose. 206.2 Definitions. 206.3 Policy. 206.4 State emergency plans. 206.5 Assistance by other Federal agencies. 206.6 Donation or loan of Federal equipment

and supplies. 206.7 Implementation of assistance from

other Federal agencies. 206.8 Reimbursement of other Federal agen-

cies. 206.9 Nonliability. 206.10 Use of local firms and individuals. 206.11 Nondiscrimination in disaster assist-

ance. 206.12 Use and coordination of relief organi-

zations. 206.13 Standards and reviews. 206.14 Criminal and civil penalties. 206.15 Recovery of assistance. 206.16 Audit and investigations. 206.17 Effective date. 206.18?206.30 [Reserved]

Subpart B--The Declaration Process

206.31 Purpose. 206.32 Definitions. 206.33 Preliminary damage assessment. 206.34 Request for utilization of Department

of Defense (DOD) resources. 206.35 Requests for emergency declarations. 206.36 Requests for major disaster declara-

tions. 206.37 Processing requests for declarations

of a major disaster or emergency. 206.38 Presidential determination. 206.39 Notification. 206.40 Designation of affected areas and eli-

gible assistance. 206.41 Appointment of disaster officials. 206.42 Responsibilities of coordinating offi-

cers. 206.43 Emergency support teams. 206.44 FEMA-State Agreements. 206.45 Loans of non-Federal share. 206.46 Appeals. 206.47 Cost-share adjustments. 206.48 Factors considered when evaluating a

Governor's request for major disaster declaration.

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Pt. 206

44 CFR Ch. I (10?1?20 Edition)

206.49?206.60 [Reserved]

Subpart C--Emergency Assistance

206.61 Purpose. 206.62 Available assistance. 206.63 Provision of assistance. 206.64 Coordination of assistance. 206.65 Cost sharing. 206.66 Limitation on expenditures. 206.67 Requirement when limitation is ex-

ceeded. 206.68?206.100 [Reserved]

Subpart D--Federal Assistance to Individuals and Households

206.101 Temporary housing assistance for emergencies and major disasters declared on or before October 14, 2002.

206.102?206.109 [Reserved] 206.110 Federal assistance to individuals and

households. 206.111 Definitions. 206.112 Registration period. 206.113 Eligibility factors. 206.114 Criteria for continued assistance. 206.115 Appeals. 206.116 Recovery of funds. 206.117 Housing assistance. 206.118 Disposal of housing units. 206.119 Financial assistance to address

other needs. 206.120 State administration of other needs

assistance. 206.121?206.130 [Reserved]

Subpart E--Individual and Family Grant Programs

206.131 Individual and Family Grant Program for major disasters declared on or before October 14, 2002.

206.132?206.140 [Reserved]

Subpart F--Other Individual Assistance

206.141 Disaster unemployment assistance. 206.142?206.150 [Reserved] 206.151 Food commodities. 206.152?206.160 [Reserved] 206.161 Relocation assistance. 206.162?206.163 [Reserved] 206.164 Disaster legal services. 206.165?206.170 [Reserved] 206.171 Crisis counseling assistance and

training. 206.172?206.180 [Reserved] 206.181 Use of gifts and bequests for disaster

assistance purposes. 206.182?206.190 [Reserved] 206.191 Duplication of benefits. 206.192?206.199 [Reserved]

Subpart G--Public Assistance Project Administration

206.200 General.

206.201 Definitions used in this subpart. 206.202 Application procedures. 206.203 Federal grant assistance. 206.204 Project performance. 206.205 Payment of claims. 206.206 Appeals. 206.207 Administrative and audit require-

ments. 206.208 Direct Federal assistance. 206.209 Arbitration for Public Assistance de-

terminations related to Hurricanes Katrina and Rita (Major disaster declarations DR?1603, DR?1604, DR?1605, DR?1606, and DR?1607). 206.210?206.219 [Reserved]

Subpart H--Public Assistance Eligibility

206.220 General. 206.221 Definitions. 206.222 Applicant eligibility. 206.223 General work eligibility. 206.224 Debris removal. 206.225 Emergency work. 206.226 Restoration of damaged facilities. 206.227 Snow assistance. 206.228 Allowable costs. 206.229?206.249 [Reserved]

Subpart I--Public Assistance Insurance Requirements

206.250 General. 206.251 Definitions. 206.252 Insurance requirements for facilities

damaged by flood. 206.253 Insurance requirements for facilities

damaged by disasters other than flood. 206.254?206.339 [Reserved]

Subpart J--Coastal Barrier Resources Act

206.340 Purpose of subpart. 206.341 Policy. 206.342 Definitions. 206.343 Scope. 206.344 Limitations on Federal expendi-

tures. 206.345 Exceptions. 206.346 Applicability to disaster assistance. 206.347 Requirements. 206.348 Consultation. 206.349 Consistency determinations. 206.350?206.359 [Reserved]

Subpart K--Community Disaster Loans

206.360 Purpose. 206.361 Loan program. 206.362 Responsibilities. 206.363 Eligibility criteria. 206.364 Loan application. 206.365 Loan administration. 206.366 Loan cancellation. 206.367 Loan repayment. 206.368?206.369 [Reserved] 206.370 Purpose and scope. 206.371 Loan program.

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Fed. Emergency Mgmt. Agency, DHS

? 206.2

206.372 Responsibilities. 206.373 Eligibility criteria. 206.374 Loan application. 206.375 Loan administration. 206.376 Loan cancellation. 206.377 Loan repayment. 206.378?206.389 [Reserved]

Subpart L [Reserved]

Subpart M--Minimum Standards

206.400 General. 206.401 Local standards. 206.402 Compliance.

Subpart N--Hazard Mitigation Grant Program

206.430 General. 206.431 Definitions. 206.432 Federal grant assistance. 206.433 State responsibilities. 206.434 Eligibility. 206.435 Project identification and selection

criteria. 206.436 Application procedures. 206.437 State administrative plan. 206.438 Project management. 206.439 Allowable costs. 206.440 Appeals.

AUTHORITY: Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 through 5207; Homeland Security Act of 2002, 6 U.S.C. 101 et seq.; Department of Homeland Security Delegation 9001.1.

SOURCE: 54 FR 11615, Mar. 21, 1989, unless otherwise noted.

Subpart A--General

SOURCE: 55 FR 2288, Jan. 23, 1990, unless otherwise noted.

? 206.1 Purpose.

(a) Purpose. The purpose of this subpart is to prescribe the policies and procedures to be followed in implementing those sections of Public Law 93?288, as amended, delegated to the Administrator, Federal Emergency Management Agency (FEMA). The rules in this subpart apply to major disasters and emergencies declared by the President on or after November 23, 1988, the date of enactment of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.

(b) Prior regulations. Prior regulations relating to major disasters and emergencies declared by the President before November 23, 1988 were published

in 44 CFR part 205 (see 44 CFR part 205 as contained in the CFR edition revised as of October 1, 1994).

[59 FR 53363, Oct. 24, 1994]

? 206.2 Definitions.

(a) General. The following definitions have general applicability throughout this part:

(1) The Stafford Act: The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93? 288, as amended.

(2) Applicant: Individuals, families, States and local governments, or private nonprofit organizations who apply for assistance as a result of a declaration of a major disaster or emergency.

(3) [Reserved] (4) Concurrent, multiple major disasters: In considering a request for an advance, the term concurrent multiple major disasters means major disasters which occur within a 12-month period immediately preceding the major disaster for which an advance of the nonFederal share is requested pursuant to section 319 of the Stafford Act. (5) Contractor: Any individual, partnership, corporation, agency, or other entity (other than an organization engaged in the business of insurance) performing work by contract for the Federal Government or a State or local agency. (6) Designated area: Any emergency or major disaster-affected portion of a State which has been determined eligible for Federal assistance. (7) Administrator: The Administrator, FEMA. (8) Disaster Recovery Manager (DRM): The person appointed to exercise the authority of a Regional Administrator for a particular emergency or major disaster. (9) Emergency: Any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. (10) Federal agency: Any department, independent establishment, Government corporation, or other agency of the executive branch of the Federal

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? 206.2

44 CFR Ch. I (10?1?20 Edition)

Government, including the United States Postal Service, but shall not include the American National Red Cross.

(11) Federal Coordinating Officer (FCO): The person appointed by the Administrator, or in his absence, the Deputy Administrator, to coordinate Federal assistance in an emergency or a major disaster.

(12) Governor: The chief executive of any State or the Acting Governor.

(13) Governor's Authorized Representative (GAR): The person empowered by the Governor to execute, on behalf of the State, all necessary documents for disaster assistance.

(14) Hazard mitigation: Any cost effective measure which will reduce the potential for damage to a facility from a disaster event.

(15) Individual assistance: Supplementary Federal assistance provided under the Stafford Act to individuals and families adversely affected by a major disaster or an emergency. Such assistance may be provided directly by the Federal Government or through State or local governments or disaster relief organizations. For further information, see subparts D, E, and F of these regulations.

(16) Local government: (i) A county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government; (ii) An Indian tribe or authorized tribal organization, or Alaska Native village or organization; and (iii) A rural community, unincorporated town or village, or other public entity, for which an application for assistance is made by a State or political subdivision of a State. (17) Major disaster: Any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United

States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this Act to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.

(18) Mission assignment: Work order issued to a Federal agency by the Regional Administrator, Assistant Administrator for the Disaster Operations Directorate, or Administrator, directing completion by that agency of a specified task and citing funding, other managerial controls, and guidance.

(19) Private nonprofit organization: Any nongovernmental agency or entity that currently has:

(i) An effective ruling letter from the U.S. Internal Revenue Service granting tax exemption under section 501 (c), (d), or (e) of the Internal Revenue Code of 1954; or

(ii) Satisfactory evidence from the State that the organization or entity is a nonprofit one organized or doing business under State law.

(20) Public Assistance: Supplementary Federal assistance provided under the Stafford Act to State and local governments or certain private, nonprofit organizations other than assistance for the direct benefit of individuals and families. For further information, see subparts G and H of this part. Fire Management Assistance Grants under section 420 of the Stafford Act are also considered Public Assistance. See subpart K of this part and part 204 of this chapter.

(21) Regional Administrator: An administrator of a regional office of FEMA, or his/her designated representative. As used in these regulations, Regional Administrator also means the Disaster Recovery Manager who has been appointed to exercise the authority of the Regional Administrator for a particular emergency or major disaster.

(22) State: Any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

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Fed. Emergency Mgmt. Agency, DHS

? 206.5

(23) State Coordinating Officer (SCO): The person appointed by the Governor to act in cooperation with the Federal Coordinating Officer to administer disaster recovery efforts.

(24) State emergency plan: As used in section 401 or section 501 of the Stafford Act means that State plan which is designated specifically for Statelevel response to emergencies or major disasters and which sets forth actions to be taken by the State and local governments, including those for implementing Federal disaster assistance.

(25) Temporary housing: Temporary accommodations provided by the Federal Government to individuals or families whose homes are made unlivable by an emergency or a major disaster.

(26) United States: The 50 States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(27) Voluntary organization: Any chartered or otherwise duly recognized taxexempt local, State, or national organization or group which has provided or may provide needed services to the States, local governments, or individuals in coping with an emergency or a major disaster.

(b) Additional definitions. Definitions which apply to individual subparts are found in those subparts.

[54 FR 11615, Mar. 21, 1989, as amended at 63 FR 17110, Apr. 8, 1998; 66 FR 57352, 57353, Nov. 14, 2001; 69 FR 24083, May 3, 2004; 74 FR 15346, Apr. 3, 2009]

? 206.3 Policy.

It is the policy of FEMA to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage that result from major disasters and emergencies by:

(a) Providing Federal assistance programs for public and private losses and needs sustained in disasters;

(b) Encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and local governments;

(c) Achieving greater coordination and responsiveness of disaster preparedness and relief programs;

(d) Encouraging individuals, States, and local governments to obtain insurance coverage and thereby reduce their dependence on governmental assistance; and

(e) Encouraging hazard mitigation measures, such as development of landuse and construction regulations, floodplain management, protection of wetlands, and environmental planning, to reduce losses from disasters.

? 206.4 State emergency plans.

The State shall set forth in its emergency plan all responsibilities and actions specified in the Stafford Act and these regulations that are required of the State and its political subdivisions to prepare for and respond to major disasters and emergencies and to facilitate the delivery of Federal disaster assistance. Although not mandatory, prior to the adoption of the final plan, the State is encouraged to circulate the plan to local governments for review and comment.

[55 FR 2288, Jan. 23, 1990, 55 FR 5458, Feb. 15, 1990]

? 206.5 Assistance by other Federal agencies.

(a) In any declared major disaster, the Administrator, Assistant Administrator for the Disaster Operations Directorate, or the Regional Administrator may direct any Federal agency to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) to support State and local assistance efforts.

(b) In any declared emergency, the Administrator, Assistant Administrator for the Disaster Operations Directorate, or the Regional Administrator may direct any Federal agency to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) to support emergency efforts by State and local governments to save lives; protect property, public health and safety; and

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