cfr_sections
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141 rows where part_number = 206 and title_number = 44 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 44:44:1.0.1.4.55.1.10.1 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | A | Subpart A—General | § 206.1 Purpose. | FEMA | [59 FR 53363, Oct. 24, 1994] | (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). | |||
| 44:44:1.0.1.4.55.1.10.10 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | A | Subpart A—General | § 206.10 Use of local firms and individuals. | FEMA | In the expenditure of Federal funds for debris removal, distribution of supplies, reconstruction, and other major disaster or emergency assistance activities which may be carried out by contract or agreement with private organizations, firms, or individuals, preference shall be given, to the extent feasible and practicable, to those organizations, firms, and individuals residing or doing business primarily in the area affected by such major disaster or emergency. This shall not be considered to restrict the use of Department of Defense resources in the provision of major disaster assistance under the Stafford Act. | ||||
| 44:44:1.0.1.4.55.1.10.11 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | A | Subpart A—General | § 206.11 Nondiscrimination in disaster assistance. | FEMA | (a) Federal financial assistance to the States or their political subdivisions is conditioned on full compliance with 44 CFR part 7, Nondiscrimination in Federally-Assisted Programs. (b) All personnel carrying out Federal major disaster or emergency assistance functions, including the distribution of supplies, the processing of the applications, and other relief and assistance activities, shall perform their work in an equitable and impartial manner, without discrimination on the grounds of race, color, religion, nationality, sex, age, or economic status. (c) As a condition of participation in the distribution of assistance or supplies under the Stafford Act, or of receiving assistance under the Stafford Act, government bodies and other organizations shall provide a written assurance of their intent to comply with regulations relating to nondiscrimination. (d) The agency shall make available to employees, applicants, participants, beneficiaries, and other interested parties such information regarding the provisions of this regulation and its applicability to the programs or activities conducted by the agency, and make such information available to them in such manner as the head of the agency finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this regulation. | ||||
| 44:44:1.0.1.4.55.1.10.12 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | A | Subpart A—General | § 206.12 Use and coordination of relief organizations. | FEMA | (a) In providing relief and assistance under the Stafford Act, the FCO or Regional Administrator may utilize, with their consent, the personnel and facilities of the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other voluntary organizations in the distribution of medicine, food, supplies, or other items, and in the restoration, rehabilitation, or reconstruction of community services and essential facilities, whenever the FCO or Regional Administrator finds that such utilization is necessary. (b) The Administrator is authorized to enter into agreements with the American Red Cross, The Salvation Army, the Mennonite Disaster Service, and other voluntary organizations engaged in providing relief during and after a major disaster or emergency. Any agreement shall include provisions assuring that use of Federal facilities, supplies, and services will be in compliance with § 206.11, Nondiscrimination in Disaster Assistance, and § 206.191, Duplication of Benefits, of these regulations and such other regulations as the Administrator may issue. The FCO may coordinate the disaster relief activities of the voluntary organizations which agree to operate under his/her direction. (c) Nothing contained in this section shall be construed to limit or in any way affect the responsibilities of the American National Red Cross as stated in Public Law 58-4. | ||||
| 44:44:1.0.1.4.55.1.10.13 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | A | Subpart A—General | § 206.13 Standards and reviews. | FEMA | [55 FR 2288, Jan. 23, 1990; 55 FR 5458, Feb. 15, 1990] | (a) The Administrator shall establish program standards and assess the efficiency and effectiveness of programs administered under the Stafford Act by conducting annual reviews of the activities of Federal agencies and State and local governments involved in major disaster or emergency response efforts. (b) In carrying out this provision, the Administrator may direct Federal agencies to submit reports relating to their disaster assistance activities. The Administrator may request similar reports from the States relating to these activities on the part of State and local governments. Additionally, the Administrator may conduct independent investigations, studies, and evaluations as necessary to complete the reviews. | |||
| 44:44:1.0.1.4.55.1.10.14 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | A | Subpart A—General | § 206.14 Criminal and civil penalties. | FEMA | [55 FR 2288, Jan. 23, 1990, as amended at 74 FR 15346, Apr. 3, 2009; 74 FR 58850, Nov. 16, 2009] | (a) Misuse of funds. Any person who knowingly misapplies the proceeds of a loan or other cash benefit obtained under the Stafford Act shall be fined an amount equal to one and one-half times the misapplied amount of the proceeds or cash benefit. (b) Civil enforcement. Whenever it appears that any person has violated or is about to violate any provision of the Stafford Act, including any civil penalty imposed under the Stafford Act, the Attorney General may bring a civil action for such relief as may be appropriate. Such action may be brought in an appropriate United States district court. (c) Referral to Attorney General. The Office of Chief Counsel shall expeditiously refer to the Attorney General for appropriate action any evidence developed in the performance of functions under the Stafford Act that may warrant consideration for criminal prosecution. (d) Civil penalty. Any individual who knowingly violates any order or regulation shall be subject to a civil penalty of not more than $5,500 for each violation. | |||
| 44:44:1.0.1.4.55.1.10.15 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | A | Subpart A—General | § 206.15 Recovery of assistance. | FEMA | (a) Party liable. Any person who intentionally causes a condition for which Federal assistance is provided under this Act or under any other Federal law as a result of a declaration of a major disaster or emergency under this Act shall be liable to the United States for the reasonable costs incurred by the United States in responding to such disaster or emergency to the extent that such costs are attributable to the intentional act or omission of such person which caused such condition. Such action shall be brought in an appropriate United States District Court. (b) Rendering of care. A person shall not be liable under this section for costs incurred by the United States as a result of actions taken or omitted by such person in the course of rendering care or assistance in response to a major disaster or emergency. | ||||
| 44:44:1.0.1.4.55.1.10.16 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | A | Subpart A—General | § 206.16 Audit and investigations. | FEMA | [55 FR 2288, Jan. 23, 1990, as amended at 74 FR 15346, Apr. 3, 2009; 79 FR 76085, Dec. 19, 2014] | (a) Subject to the provisions of chapter 75 of title 31, United States Code, and 2 CFR parts 200 and 3002, relating to requirements for single audits, the Administrator, the Assistant Administrator for the Disaster Operations Directorate, or the Regional Administrator shall conduct audits and investigations as necessary to assure compliance with the Stafford Act, and in connection therewith may question such persons as may be necessary to carry out such audits and investigations. (b) For purposes of audits and investigations under this section, FEMA or State auditors, the Governor's Authorized Representative, the Administrator, the Regional Administrator, the Assistant Administrator for the Disaster Assistance Directorate, the DHS Inspector General, and the Comptroller General of the United States, or their duly authorized representatives, may inspect any books, documents, papers, and records of any person relating to any activity undertaken or funded under the Stafford Act. | |||
| 44:44:1.0.1.4.55.1.10.17 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | A | Subpart A—General | § 206.17 Effective date. | FEMA | These regulations are effective for all major disasters or emergencies declared on or after November 23, 1988. | ||||
| 44:44:1.0.1.4.55.1.10.18 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | A | Subpart A—General | §§ 206.18-206.30 [Reserved] | FEMA | |||||
| 44:44:1.0.1.4.55.1.10.2 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | A | Subpart A—General | § 206.2 Definitions. | FEMA | [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] | (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 non-Federal 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 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 … | |||
| 44:44:1.0.1.4.55.1.10.3 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | A | Subpart A—General | § 206.3 Policy. | FEMA | 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 land-use and construction regulations, floodplain management, protection of wetlands, and environmental planning, to reduce losses from disasters. | ||||
| 44:44:1.0.1.4.55.1.10.4 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | A | Subpart A—General | § 206.4 State emergency plans. | FEMA | [55 FR 2288, Jan. 23, 1990, 55 FR 5458, Feb. 15, 1990] | 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. | |||
| 44:44:1.0.1.4.55.1.10.5 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | A | Subpart A—General | § 206.5 Assistance by other Federal agencies. | FEMA | (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 lessen or avert the threat of a catastrophe. (c) In any declared major disaster or emergency, the Administrator, Assistant Administrator for the Disaster Operations Directorate, or the Regional Administrator may direct any Federal agency to provide emergency assistance necessary to save lives and to protect property, public health, and safety by: (1) Utilizing, lending, or donating to State and local governments Federal equipment, supplies, facilities, personnel, and other resources, other than the extension of credit, for use or distribution by such governments in accordance with the purposes of this Act; (2) Distributing medicine, food, and other consumable supplies; or (3) Performing work or services to provide emergency assistance authorized in the Stafford Act. (d) Disaster assistance by other Federal agencies is subject to the coordination of the FCO. Federal agencies shall provide any reports or information about disaster assistance rendered under the provisions of these regulations or authorities independent of the Stafford Act, that the FCO or Regional Administrator considers necessary and requests from the agencies. (e) Assi… | ||||
| 44:44:1.0.1.4.55.1.10.6 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | A | Subpart A—General | § 206.6 Donation or loan of Federal equipment and supplies. | FEMA | (a) In any major disaster or emergency, the Administrator, Assistant Administrator for the Disaster Operations Directorate, or the Regional Administrator may direct Federal agencies to donate or loan their equipment and supplies to State and local governments for use and distribution by them for the purposes of the Stafford Act. (b) A donation or loan may include equipment and supplies determined under applicable laws and regulations to be surplus to the needs and responsibilities of the Federal Government. The State shall certify that the surplus property is usable and necessary for current disaster purposes in order to receive a donation or loan. Such a donation or loan is made in accordance with procedures prescribed by the General Services Administration. | ||||
| 44:44:1.0.1.4.55.1.10.7 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | A | Subpart A—General | § 206.7 Implementation of assistance from other Federal agencies. | FEMA | All directives, known as mission assignments, to other Federal agencies shall be in writing, or shall be confirmed in writing if made orally, and shall identify the specific task to be performed and the requirements or criteria to be followed. If the Federal agency is to be reimbursed, the letter will also contain a dollar amount which is not to be exceeded in accomplishing the task without prior approval of the issuing official. | ||||
| 44:44:1.0.1.4.55.1.10.8 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | A | Subpart A—General | § 206.8 Reimbursement of other Federal agencies. | FEMA | (a) Assistance furnished under § 206.5 (a) or (b) of this subpart may be provided with or without compensation as considered appropriate by the Administrator, Assistant Administrator for the Disaster Assistance Directorate, or the Regional Administrator or Regional Director. (b) The Administrator, Assistant Administrator for the Disaster Assistance Directorate, or the Regional Administrator or the Regional Director may not approve reimbursement of costs incurred while performing work pursuant to disaster assistance authorities independent of the Stafford Act. (c) Expenditures eligible for reimbursement. The Administrator, Assistant Administrator for the Disaster Assistance Directorate, or the Regional Administrator or the Regional Director may approve reimbursement of the following costs which are incurred in providing requested assistance. (1) Overtime, travel, and per diem of permanent Federal agency personnel. (2) Wages, travel, and per diem of temporary Federal agency personnel assigned solely to performance of services directed by the Administrator, Assistant Administrator for the Disaster Assistance Directorate, or the Regional Administrator or the Regional Director in the major disaster or emergency area designated by the Regional Director. (3) Travel and per diem of Federal military personnel assigned solely to the performance of services directed by the Administrator, Assistant Administrator for the Disaster Assistance Directorate, or the Regional Administrator or the Regional Director in the major disaster or emergency area designated by the Regional Director. (4) Cost of work, services, and materials procured under contract for the purposes of providing assistance directed by the Administrator, Assistant Administrator for the Disaster Assistance Directorate, or the Regional Administrator or the Regional Director. (5) Cost of materials, equipment, and supplies (including transportation, repair, and maintenance) from regular stocks used in providing directed assistance. (6) All costs incurred w… | ||||
| 44:44:1.0.1.4.55.1.10.9 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | A | Subpart A—General | § 206.9 Nonliability. | FEMA | The Federal Government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Federal Government in carrying out the provisions of the Stafford Act. | ||||
| 44:44:1.0.1.4.55.10.10.1 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | J | Subpart J—Coastal Barrier Resources Act | § 206.340 Purpose of subpart. | FEMA | This subpart implements the Coastal Barrier Resources Act (CBRA) (Pub. L. 97-348) as that statute applies to disaster relief granted to individuals and State and local governments under the Stafford Act. CBRA prohibits new expenditures and new financial assistance within the Coastal Barrier Resources System (CBRS) for all but a few types of activities identified in CBRA. This subpart specifies what actions may and may not be carried out within the CBRS. It establishes procedures for compliance with CBRA in the administration of disaster assistance by FEMA. | ||||
| 44:44:1.0.1.4.55.10.10.10 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | J | Subpart J—Coastal Barrier Resources Act | § 206.349 Consistency determinations. | FEMA | Section 6(a)(6) of CBRA requires that certain actions be consistent with the purposes of that statute if the actions are to be carried out on a unit of the CBRA. The purpose of CBRA, as stated in section 2(b) of that statute, is to minimize the loss of human life, wasteful expenditure of Federal revenues, and the damage to fish, wildlife, and other natural resources associated with the coastal barriers along with Atlantic and Gulf coasts. For those actions where a consistency determination is required, the FEMA Regional Administrator shall evaluate the action according to the following procedures, and the evaluation shall be included in the written request for consultation with DOI. (a) Impact identification. FEMA shall identify impacts of the following types that would result from the proposed action: (1) Risks to human life; (2) Risks of damage to the facility being repaired or replaced; (3) Risks of damage to other facilities; (4) Risks of damage to fish, wildlife, and other natural resources; (5) Condition of existing development served by the facility and the degree to which its redevelopment would be encouraged; and (6) Encouragement of new development. (b) Mitigation. FEMA shall modify actions by means of practicable mitigation measures to minimize adverse effects of the types listed in paragraph (a) of this section. (c) Conservation. FEMA shall identify practicable measures that can be incorporated into the proposed action and will conserve natural and wildlife resources. (d) Finding. For those actions required to be consistent with the purposes of CBRA, the above evaluation must result in a finding of consistency with CBRA by the Regional Administrator before funding may be approved for that action. | ||||
| 44:44:1.0.1.4.55.10.10.11 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | J | Subpart J—Coastal Barrier Resources Act | §§ 206.350-206.359 [Reserved] | FEMA | |||||
| 44:44:1.0.1.4.55.10.10.2 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | J | Subpart J—Coastal Barrier Resources Act | § 206.341 Policy. | FEMA | It shall be the policy of FEMA to achieve the goals of CBRA in carrying out disaster relief on units of the Coastal Barrier Resources System. It is FEMA's intent that such actions be consistent with the purpose of CBRA to minimize the loss of human life, the wasteful expenditure of Federal revenues, and the damage to fish, wildlife and other natural resources associated with coastal barriers along the Atlantic and Gulf coasts and to consider the means and measures by which the long-term conservation of these fish, wildlife, and other natural resources may be achieved under the Stafford Act. | ||||
| 44:44:1.0.1.4.55.10.10.3 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | J | Subpart J—Coastal Barrier Resources Act | § 206.342 Definitions. | FEMA | Except as otherwise provided in this subpart, the definitions set forth in part 206 of subchapter D are applicable to this subject. (a) Consultation means that process by which FEMA informs the Secretary of the Interior through his/her designated agent of FEMA proposed disaster assistance actions on a designated unit of the Coastal Barrier Resources System and by which the Secretary makes comments to FEMA about the appropriateness of that action. Approval by the Secretary is not required in order that an action be carried out. (b) Essential link means that portion of a road, utility, or other facility originating outside of the system unit but providing access or service through the unit and for which no alternative route is reasonably available. (c) Existing facility on a unit of CBRS established by Public Law 97-348 means a publicly owned or operated facility on which the start of a construction took place prior to October 18, 1982, and for which this fact can be adequately documented. In addition, a legally valid building permit or equivalent documentation, if required, must have been obtained for the construction prior to October 18, 1982. If a facility has been substantially improved or expanded since October 18, 1982, it is not an existing facility. For any other unit added to the CBRS by amendment to Public Law 97-348, the enactment date of such amendment is substituted for October 18, 1982, in this definition. (d) Expansion means changing a facility to increase its capacity or size. (e) Facility means “public facility” as defined in § 206.201. This includes any publicly owned flood control, navigation, irrigation, reclamation, public power, sewage treatment and collection, water supply and distribution, watershed development, or airport facility; and nonfederal-aid street, road, or highway; and any other public building, structure, or system, including those used for educational, recreational, or cultural purposes, or any park. (f) Financial assistance means any form of Federal loan, gra… | ||||
| 44:44:1.0.1.4.55.10.10.4 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | J | Subpart J—Coastal Barrier Resources Act | § 206.343 Scope. | FEMA | (a) The limitations on disaster assistance as set forth in this subpart apply only to FEMA actions taken on a unit of the Coastal Barrier Resources System or any conduit to such unit, including, but not limited to a bridge, causeway, utility, or similar facility. (b) FEMA assistance having a social program orientation which is unrelated to development is not subject to the requirements of these regulations. This assistance includes: (1) Individual and Family Grants that are not for acquisition or construction purposes; (2) Crisis counseling; (3) Disaster Legal services; and (4) Disaster unemployment assistance. | ||||
| 44:44:1.0.1.4.55.10.10.5 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | J | Subpart J—Coastal Barrier Resources Act | § 206.344 Limitations on Federal expenditures. | FEMA | Except as provided in §§ 206.345 and 206.346, no new expenditures or financial assistance may be made available under authority of the Stafford Act for any purpose within the Coastal Barrier Resources System, including but not limited to: (a) Construction, reconstruction, replacement, repair or purchase of any structure, appurtenance, facility or related infrastructure; (b) Construction, reconstruction, replacement, repair or purchase of any road, airport, boat landing facility, or other facility on, or bridge or causeway to, any System unit; and (c) Carrying out of any project to prevent the erosion of, or to otherwise stabilize, any inlet, shoreline, or inshore area, except that such assistance and expenditures may be made available on units designated pursuant to Section 4 on maps numbered S01 through S08 for purposes other than encouraging development and, in all units, in cases where an emergency threatens life, land, and property immediately adjacent to that unit. | ||||
| 44:44:1.0.1.4.55.10.10.6 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | J | Subpart J—Coastal Barrier Resources Act | § 206.345 Exceptions. | FEMA | The following types of disaster assistance actions are exceptions to the prohibitions of § 206.344. (a) After consultation with the Secretary of the Interior, the Regional Administrator may make disaster assistance available within the CBRS for: (1) Replacement, reconstruction, or repair, but not the expansion, of publicly owned or publicly operated roads, structures, or facilities that are essential links in a larger network or system; (2) Repair of any facility necessary for the exploration, extraction, or transportation of energy resources which activity can be carried out only on, in, or adjacent to coastal water areas because the use or facility requires access to the coastal water body; and (3) Restoration of existing channel improvements and related structures, such as jetties, and including the disposal of dredge materials related to such improvements. (b) After consultation with the Secretary of the Interior, the Regional Administrator may make disaster assistance available within the CBRS for the following types of actions, provided such assistance is consistent with the purposes of CBRA; (1) Emergency actions essential to the saving of lives and the protection of property and the public health and safety, if such actions are performed pursuant to sections 402, 403, and 502 of the Stafford Act and are limited to actions that are necessary to alleviate the impacts of the event; (2) Replacement, reconstruction, or repair, but not the expansion, of publicly owned or publicly operated roads, structures, or facilities, except as provided in § 206.347(c)(5); (3) Repair of air and water navigation aids and devices, and of the access thereto; (4) Repair of facilities for scientific research, including but not limited to aeronautical, atmospheric, space, geologic, marine, fish and wildlife and other research, development, and applications; (5) Repair of facilities for the study, management, protection and enhancement of fish and wildlife resources and habitats, including but not limited to, acquisition… | ||||
| 44:44:1.0.1.4.55.10.10.7 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | J | Subpart J—Coastal Barrier Resources Act | § 206.346 Applicability to disaster assistance. | FEMA | (a) Emergency assistance. The Regional Administrator may approve assistance pursuant to sections 402, 403, or 502 of the Stafford Act, for emergency actions which are essential to the saving of lives and the protection of property and the public health and safety, are necessary to alleviate the emergency, and are in the public interest. Such actions include but are not limited to: (1) Removal of debris from public property; (2) Emergency protection measures to prevent loss of life, prevent damage to improved property and protect public health and safety; (3) Emergency restoration of essential community services such as electricity, water or sewer; (4) Provision of access to a private residence; (5) Provision of emergency shelter by means of providing emergency repair of utilities, provision of heat in the season requiring heat, or provision of minimal cooking facilities; (6) Relocation of individuals or property out of danger, such as moving a mobile home to an area outside of the CBRS (but disaster assistance funds may not be used to relocate facilities back into the CBRS); (7) Home repairs to private owner-occupied primary residences to make them habitable; (8) Housing eligible families in existing resources in the CBRS; and (9) Mortgage and rental payment assistance. (b) Permanent restoration assistance. Subject to the limitations set out below, the Regional Administrator may approve assistance for the repair, reconstruction, or replacement but not the expansion of the following publicly owned or operated facilities and certain private nonprofit facilities. (1) Roads and bridges; (2) Drainage structures, dams, levees; (3) Buildings and equipment; (4) Utilities (gas, electricity, water, etc.); and (5) Park and recreational facilities. | ||||
| 44:44:1.0.1.4.55.10.10.8 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | J | Subpart J—Coastal Barrier Resources Act | § 206.347 Requirements. | FEMA | (a) Location determination. For each disaster assistance action which is proposed on the Atlantic or Gulf Coasts, the Regional Administrator shall: (1) Review a proposed action's location to determine if the action is on or connected to the CBRS unit and thereby subject to these regulations. The appropriate Department of Interior map identifying units of the CBRS will be the basis of such determination. The CBRS units are also identified on FEMA Flood Insurance Maps (FIRM's) for the convenience of field personnel. (2) If an action is determined not to be on or connected to a unit of the CBRS, no further requirements of these regulations needs to be met, and the action may be processed under other applicable disaster assistance regulations. (3) If an action is determined to be on or connected to a unit of the CBRS, it is subject to the consultation and consistency requirements of CBRA as prescribed in §§ 206.348 and 206.349. (b) Emergency disaster assistance. For each emergency disaster assistance action listed in § 206.346(a), the Regional Administrator shall perform the required consultation. CBRA requires that FEMA consult with the Secretary of the Interior before taking any action on a System unit. The purpose of such consultation is to solicit advice on whether the action is or is not one which is permitted by section 6 of CBRA and whether the action is or is not consistent with the purposes of CBRA as defined in section 1 of that statute. (1) FEMA has conducted advance consultation with the Department of the Interior concerning such emergency actions. The result of the consultation is that the Secretary of the Interior through the Assistance Secretary for Fish and Wildlife and Parks has concurred that the emergency work listed in § 206.346(a) is consistent with the purposes of CBRA and may be approved by FEMA without additional consultation. (2) Notification. As soon as practicable, the Regional Administrator will notify the designated Department of the Interior representative at the regional lev… | ||||
| 44:44:1.0.1.4.55.10.10.9 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | J | Subpart J—Coastal Barrier Resources Act | § 206.348 Consultation. | FEMA | As required by section 6 of the CBRA, the FEMA Regional Administrator will consult with the designated representative of the Department of the Interior (DOI) at the regional level before approving any action involving permanent restoration of a facility or structure on or attached to a unit of the CBRS. (a) The consultation shall be by written memorandum to the DOI representative and shall contain the following: (1) Identification of the unit within the CBRS; (2) Description of the facility and the proposed repair or replacement work; including identification of the facility as an exception under section 6 of CBRA; and full justification of its status as an exception; (3) Amount of proposal Federal funding; (4) Additional mitigation measures required; and (5) A determination of the action's consistency with the purposes of CBRA, if required by these regulations, in accordance with § 206.349. (b) Pursuant to FEMA understanding with DOI, the DOI representative will provide technical information and an opinion whether or not the proposed action meets the criteria for a CBRA exception, and on the consistency of the action with the purposes of CBRA (when such consistency is required). DOI is expected to respond within 12 working days from the date of the FEMA request for consultation. If a response is not received within the time limit, the FEMA Regional Administrator shall contact the DOI representative to determine if the request for consultation was received in a timely manner. If it was not, an appropriate extension for response will be given. Otherwise, he or she may assume DOI concurrence and proceed with approval of the proposed action. (c) For those cases in which the regional DOI representative believes that the proposed action should not be taken and the matter cannot be resolved at the regional level, the FEMA Regional Administrator will submit the issue to the Director, Office of Environmental Planning and Historic Preservation, Mitigation Directorate. In coordination with the Office of Chief Couns… | ||||
| 44:44:1.0.1.4.55.11.10.1 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | K | Subpart K—Community Disaster Loans | § 206.360 Purpose. | FEMA | [70 FR 60446, Oct. 18, 2005] | This subpart provides policies and procedures for local governments and State and Federal officials concerning the Community Disaster Loan program under section 417 of the Stafford Act. Sections 206.360 through 206.367 of the subpart do not implement the Community Disaster Loan Act of 2005. (see § 206.370). | |||
| 44:44:1.0.1.4.55.11.10.10 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | K | Subpart K—Community Disaster Loans | § 206.370 Purpose and scope. | FEMA | [70 FR 60446, Oct. 18, 2005, as amended at 75 FR 2817, Jan. 19, 2010] | (a) Purpose. Sections 206.370 through 206.377 provide procedures for local governments and State and Federal officials concerning the Special Community Disaster Loans program under section 417 of the Stafford Act (42 U.S.C. 5184), the Community Disaster Loan Act of 2005, Public Law 109-88, and the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006, Public Law 109-234. (b) Scope. Sections 206.370 through 206.377 apply only to Special Community Disaster Loans issued under the Community Disaster Loan Act of 2005, Public Law 109-88, and the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006, Public Law 109-234. | |||
| 44:44:1.0.1.4.55.11.10.11 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | K | Subpart K—Community Disaster Loans | § 206.371 Loan program. | FEMA | [70 FR 60446, Oct. 18, 2005, as amended at 75 FR 2817, Jan. 19, 2010] | (a) General. The Assistant Administrator for the Disaster Assistance Directorate may make a Special Community Disaster Loan to any local government which has suffered a substantial loss of tax and other revenues as a result of a major disaster and which demonstrates a need for Federal financial assistance in order to provide essential services. (b) Amount of loan. The amount of the loan is based upon need, not to exceed 25 percent of the operating budget of the local government for the fiscal year in which the disaster occurs. The term fiscal year as used in this subpart means the local government's fiscal year. (c) Interest rate. The interest rate is the rate for five year maturities as determined by the Secretary of the Treasury in effect on the date that the Promissory Note is executed. This rate is from the monthly Treasury schedule of certified interest rates which takes into consideration the current average yields on outstanding marketable obligations of the United States. If an applicant can demonstrate unusual circumstances involving financial hardship , the Assistant Administrator for the Disaster Assistance Directorate may approve a rate equal to the five year maturity rate plus 1 per centum, adjusted to the nearest 1/8 percent, and further reduced by one-half. (d) Time limitation. The Assistant Administrator for the Disaster Assistance Directorate may approve a loan in either the fiscal year in which the disaster occurred or the fiscal year immediately following that year. (e) Term of loan. The term of the loan is 5 years, unless otherwise extended by the Assistant Administrator for the Disaster Assistance Directorate. The Assistant Administrator for the Disaster Assistance Directorate may consider a request for an extension of a loan based on the local government's financial condition. The total term of any loan under section 417(a) of the Stafford Act normally may not exceed 10 years from the date the Promissory Note was executed. However, when extenuating circumstances exist and t… | |||
| 44:44:1.0.1.4.55.11.10.12 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | K | Subpart K—Community Disaster Loans | § 206.372 Responsibilities. | FEMA | [70 FR 60446, Oct. 18, 2005, as amended at 75 FR 2818, Jan. 19, 2010] | (a) The local government shall submit the financial information required by FEMA in the application for a Community Disaster Loan or other format specified by FEMA and comply with the assurances on the application, the terms and conditions of the Promissory Note, the application for loan cancellation, if submitted, and §§ 206.370 through 206.377. The local government shall send all loan application, loan administration, loan cancellation, and loan settlement correspondence through the Governor's Authorized Representative (GAR) and the FEMA Regional Office to the Director of the Public Assistance Division. (b) The GAR shall certify on the loan application that the local government can legally assume the proposed indebtedness and that any proceeds will be used and accounted for in compliance with the FEMA-State Agreement for the major disaster. States are encouraged to take appropriate pre-disaster action to resolve any existing State impediments which would preclude a local government from incurring the increased indebtedness associated with a loan in order to avoid protracted delays in processing loan application requests resulting from major disasters. (c) The Regional Administrator or designee shall review each loan application or loan cancellation request received from a local government to ensure that it contains the required documents and transmit the application to the Director of the Public Assistance Division. He/she may also submit appropriate recommendations to the Director of the Public Assistance Division. (d) The Director of the Public Assistance Division or a designee, shall execute a Promissory Note with the local government and shall administer the loan until repayment or cancellation is completed and the Promissory Note is discharged. (e) The Director of the Public Assistance Division shall approve or disapprove each loan request, taking into consideration the information provided in the local government's request and the recommendations of the GAR and the Regional Administrator. The Director… | |||
| 44:44:1.0.1.4.55.11.10.13 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | K | Subpart K—Community Disaster Loans | § 206.373 Eligibility criteria. | FEMA | [70 FR 60446, Oct. 18, 2005] | (a) Local government. (1) The local government must be located within the area eligible for assistance under a major disaster declaration. In addition, State law must not prohibit the local government from incurring the indebtedness resulting from a Federal loan. (2) Criteria considered by FEMA in determining the eligibility of a local government for a Special Community Disaster Loan include the loss of tax and other revenues as result of a major disaster, a demonstrated need for financial assistance in order to perform essential governmental functions, the maintenance of an annual operating budget, and the responsibility to provide essential services to the community. Eligibility for other assistance under the Stafford Act does not, by itself, establish entitlement to such a loan. (b) Loan eligibility —(1) General. To be eligible, the local government must show that it may suffer or has suffered a substantial loss of tax and other revenues as a result of a major disaster or emergency, and it must demonstrate a need for financial assistance in order to provide essential municipal services. Loan eligibility is based on the financial condition of the local government and a review of financial information and supporting documentation accompanying the application. (2) Substantial loss of tax and other revenues. The fiscal year of the disaster or the succeeding fiscal year is the base period for determining whether a local government may suffer or has suffered a substantial loss of revenue. Criteria used in determining whether a local government has or may suffer a substantial loss of tax and other revenue include the following disaster-related factors: (i) Whether the disaster caused a large enough reduction in cash receipts from normal revenue sources, excluding borrowing, which affects significantly and adversely the level and/or categories of essential services provided prior to the disaster; (ii) Whether the disaster caused a revenue loss of over 5 percent of total revenue estimated for the fiscal yea… | |||
| 44:44:1.0.1.4.55.11.10.14 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | K | Subpart K—Community Disaster Loans | § 206.374 Loan application. | FEMA | [70 FR 60446, Oct. 18, 2005, as amended at 75 FR 2818, Jan. 19, 2010] | (a) Application. (1) The local government shall submit an application for a Special Community Disaster Loan through the GAR. The loan must be justified on the basis of need and shall be based on the actual and projected expenses, as a result of the disaster, for the fiscal year in which the disaster occurred and for the 3 succeeding fiscal years. The loan application shall be prepared by the affected local government and be approved by the GAR. FEMA has determined that a local government, in applying for a loan as a result of having suffered a substantial loss of tax and other revenue as a result of a major disaster, is not required to first seek credit elsewhere (see § 206.377(c)). (2) The State exercises administrative authority over the local government's application. The State's review should include a determination that the applicant is legally qualified, under State law, to assume the proposed debt, and may include an overall review for accuracy of the submission. The GAR may request the Regional Administrator to waive the requirement for a State review if an otherwise eligible applicant is not subject to State administration authority and the State cannot legally participate in the loan application process. (b) Financial requirements. (1) The loan application shall be developed from financial information contained in the local government's annual operating budget (see paragraph (b)(2) of this section) and shall include a Summary of Revenue Loss and Unreimbursed Disaster-Related Expenses, a Statement of the Applicant's Operating Results—Cash Position, and certification and assurances requested by the Assistant Administrator for the Disaster Assistance Directorate. (i) Copies of the local government's financial reports (Revenue and Expense and Balance Sheet) for the 3 fiscal years immediately prior to the fiscal year of the disaster and the applicant's most recent financial statement must, unless impracticable, accompany the application. The local government's financial reports to be submitted are tho… | |||
| 44:44:1.0.1.4.55.11.10.15 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | K | Subpart K—Community Disaster Loans | § 206.375 Loan administration. | FEMA | [70 FR 60446, Oct. 18, 2005] | (a) Funding. (1) FEMA will disburse funds to the local government when requested, generally in accordance with the Schedule of Loan Increments in the Promissory Note. As funds are disbursed, interest will accrue against each disbursement. (2) When each incremental disbursement is requested, the local government shall submit a copy of its most recent financial report (if not submitted previously) for consideration by FEMA in determining whether the level and frequency of periodic payments continue to be justified. The local government shall also provide the latest available data on anticipated and actual tax and other revenue collections. Desired adjustments in the disbursement schedule shall be submitted in writing at least 10 days prior to the proposed disbursement date in order to ensure timely receipt of the funds. (b) Financial management. (1) Each local government with an approved Special Community Disaster Loan shall establish necessary accounting records, consistent with local government's financial management system, to account for loan funds received and disbursed and to provide an audit trail. (2) FEMA auditors, State auditors, the GAR, the Regional Administrator, the Assistant Administrator for the Disaster Assistance Directorate, the Department of Homeland Security Inspector General, and the Comptroller General of the United States or their duly authorized representatives shall, for the purpose of audits and examination, have access to any books, documents, papers, and records that pertain to Federal funds, equipments, and supplies received under §§ 206.370 through 206.377. (c) Loan servicing. (1) The applicant annually shall submit to FEMA copies of its annual financial reports (operating statements, balance sheets, etc.) for the fiscal year of the major disaster, and for each of the 3 subsequent fiscal years. (2) FEMA will review the loan periodically. The purpose of the reevaluation is to determine whether projected revenue losses, disaster-related expenses, operating budgets, and other … | |||
| 44:44:1.0.1.4.55.11.10.16 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | K | Subpart K—Community Disaster Loans | § 206.376 Loan cancellation. | FEMA | [75 FR 2818, Jan. 19, 2010] | (a) FEMA shall cancel repayment of all or part of a Special Community Disaster Loan to the extent that the Director of the Public Assistance Division determines that revenues of the local government during the three-full-fiscal-year period following the disaster are insufficient, as a result of the disaster, to meet the operating budget for the local government, including additional unreimbursed disaster-related expenses of a municipal operating character. (b) Definitions. For loan cancellation purposes, (1) “Operating budget” means actual revenues and expenditures of the local government as published in the official financial statements of the local government. (2) “Revenue” means any source of income from taxes, fees, fines, and other sources of income, and will be recognized only as they become susceptible to accrual (measurable and available). (3) “Three-full-fiscal-year period following the disaster” means either a 36-month period beginning on September 1, 2005, or the 36 months of the applicant's fiscal year as established before the disaster, at the applicant's discretion. (4) “Operating expenses” means those expenses and expenditures incurred as a result of performing services, including salaries and benefits, contractual services, and commodities. Capital expenditures and debt service payments and capital leases are not considered operating expenses. Under accrual accounting, expenses are recognized as soon as a liability is incurred, regardless of the timing of related cash flows. (c) Revenue Calculation procedures. (1) If the tax rates and other revenues or the tax assessment valuation of property which was not damaged or destroyed by the disaster are reduced during the three full fiscal years subsequent to the major disaster, the tax rates and other revenues and tax assessment valuation factors applicable to such property in effect at the time of the major disaster shall be used without reduction for purposes of computing revenues received. (2) At the applicant's discretion, the three-full-… | |||
| 44:44:1.0.1.4.55.11.10.17 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | K | Subpart K—Community Disaster Loans | § 206.377 Loan repayment. | FEMA | [70 FR 60446, Oct. 18, 2005, as amended at 75 FR 2820, Jan. 19, 2010] | (a) Prepayments. The local government may make prepayments against loan at any time without any prepayment penalty. (b) Repayment. To the extent not otherwise cancelled, loan funds become due and payable in accordance with the terms and conditions of the Promissory Note. The note shall include the following provisions: (1) The term of a loan made under this program is 5 years, unless extended by the Assistant Administrator for the Disaster Assistance Directorate. Interest will accrue on outstanding cash from the actual date of its disbursement by FEMA or FEMA's designated Disbursing Agency. (2) The interest amount due will be computed separately for each Treasury disbursement as follows: I = P X R X T, where I = the amount of simple interest, P = the principal amount disbursed; R = the interest rate of the loan; and, T = the outstanding term in years from the date of disbursement to date of repayment, with periods less than 1 year computed on the basis of 365 days/year. If any portion of the loan is cancelled, the interest amount due will be computed on the remaining principal with the shortest outstanding term. (3) Each payment made against the loan will be applied first to the interest computed to the date of the payment, and then to the principal. Prepayments of scheduled installments, or any portion thereof, may be made at any time and shall be applied to the installments last to become due under the loan and shall not affect the obligation of the borrower to pay the remaining installments. (4) The Assistant Administrator for the Disaster Assistance Directorate may defer payments of principal and interest until FEMA makes its final determination with respect to any Application for Loan Cancellation which the borrower may submit. However, interest will continue to accrue. (5) Any costs incurred by the Federal Government in collecting the note shall be added to the unpaid balance of the loan, bear interest at the same rate as the loan, and be immediately due without demand. (6) In the event of defaul… | |||
| 44:44:1.0.1.4.55.11.10.18 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | K | Subpart K—Community Disaster Loans | §§ 206.378-206.389 [Reserved] | FEMA | |||||
| 44:44:1.0.1.4.55.11.10.2 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | K | Subpart K—Community Disaster Loans | § 206.361 Loan program. | FEMA | [55 FR 2314, Jan. 23, 1990, as amended at 66 FR 22445, May 4, 2001] | (a) General. The Assistant Administrator for the Disaster Assistance Directorate may make a Community Disaster Loan to any local government which has suffered a substantial loss of tax and other revenues as a result of a major disaster and which demonstrates a need for Federal financial assistance in order to perform its governmental functions. (b) Amount of loan. The amount of the loan is based upon need, not to exceed 25 percent of the operating budget of the local government for the fiscal year in which the disaster occurs, but shall not exceed $5 million. The term fiscal year as used in this subpart means the local government's fiscal year. (c) Interest rate. The interest rate is the rate for five year maturities as determined by the Secretary of the Treasury in effect on the date that the Promissory Note is executed. This rate is from the monthly Treasury schedule of certified interest rates which takes into consideration the current average yields on outstanding marketable obligations of the United States, adjusted to the nearest 1/8 percent. (d) Time limitation. The Assistant Administrator for the Disaster Assistance Directorate may approve a loan in either the fiscal year in which the disaster occurred or the fiscal year immediately following that year. Only one loan may be approved under section 417(a) for any local government as the result of a single disaster. (e) Term of loan. The term of the loan is 5 years, unless otherwise extended by the Assistant Administrator for the Disaster Assistance Directorate. The Assistant Administrator for the Disaster Assistance Directorate may consider requests for an extensions of loans based on the local government's financial condition. The total term of any loan under section 417(a) normally may not exceed 10 years from the date the Promissory Note was executed. However, when extenuating circumstances exist and the Community Disaster Loan recipient demonstrates an inability to repay the loan within the initial 10 years, but agrees to repay such l… | |||
| 44:44:1.0.1.4.55.11.10.3 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | K | Subpart K—Community Disaster Loans | § 206.362 Responsibilities. | FEMA | (a) The local government shall submit the financial information required by FEMA in the application for a Community Disaster Loan and in the application for loan cancellation, if submitted, and comply with the assurances on the application, the terms and conditions of the Promissory Note, and these regulations. The local government shall send all loan application, loan administration, loan cancellation, and loan settlement correspondence through the GAR and the FEMA Regional Office to the FEMA Assistant Administrator for the Disaster Assistance Directorate. (b) The GAR shall certify on the loan application that the local government can legally assume the proposed indebtedness and that any proceeds will be used and accounted for in compliance with the FEMA-State Agreement for the major disaster. States are encouraged to take appropriate pre-disaster action to resolve any existing State impediments which would preclude a local government from incurring the increased indebtedness associated with a loan in order to avoid protracted delays in processing loan application requests in major disasters or emergencies. (c) The Regional Administrator or designee shall review each loan application or loan cancellation request received from a local government to ensure that it contains the required documents and transmit the application to the Assistant Administrator for the Disaster Assistance Directorate. He/she may submit appropriate recommendations to the Assistant Administrator for the Disaster Assistance Directorate. (d) The Assistant Administrator for the Disaster Assistance Directorate, or a designee, shall execute a Promissory Note with the local government, and the FEMA Finance Center, shall administer the loan until repayment or cancellation is completed and the Promissory Note is discharged. (e) The Assistant Administrator for the Disaster Assistance Directorate or designee shall approve or disapprove each loan request, taking into consideration the information provided in the local government's request and the… | ||||
| 44:44:1.0.1.4.55.11.10.4 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | K | Subpart K—Community Disaster Loans | § 206.363 Eligibility criteria. | FEMA | [55 FR 2314, Jan. 23, 1990, as amended at 66 FR 22445, May 4, 2001] | (a) Local government. (1) The local government must be located within the area designated by the Assistant Administrator for the Disaster Assistance Directorate as eligible for assistance under a major disaster declaration. In addition, State law must not prohibit the local government from incurring the indebtedness resulting from a Federal loan. (2) Criteria considered by FEMA in determining the eligibility of a local government for a Community Disaster Loan include the loss of tax and other revenues as result of a major disaster, a demonstrated need for financial assistance in order to perform its governmental functions, the maintenance of an annual operating budget, and the responsibility to provide essential municipal operating services to the community. Eligibility for other assistance under the Act does not, by itself, establish entitlement to such a loan. (b) Loan eligibility —(1) General. To be eligible, the local government must show that it may suffer or has suffered a substantial loss of tax and other revenues as a result of a major disaster or emergency, must demonstrate a need for financial assistance in order to perform its governmental functions, and must not be in arrears with respect to any payments due on previous loans. Loan eligibility is based on the financial condition of the local government and a review of financial information and supporting documentation accompanying the application. (2) Substantial loss of tax and other revenues. The fiscal year of the disaster or the succeeding fiscal year is the base period for determining whether a local government may suffer or has suffered a substantial loss of revenue. Criteria used in determining whether a local government has or may suffer a substantial loss of tax and other revenue include the following disaster-related factors: (i) Whether the disaster caused a large enough reduction in cash receipts from normal revenue sources, excluding borrowing, which affects significantly and adversely the level and/or categories of essential m… | |||
| 44:44:1.0.1.4.55.11.10.5 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | K | Subpart K—Community Disaster Loans | § 206.364 Loan application. | FEMA | [55 FR 2314, Jan. 23, 1990, as amended at 74 FR 15351, Apr. 3, 2009] | (a) Application. (1) The local government shall submit an application for a Community Disaster Loan through the GAR. The loan must be justified on the basis of need and shall be based on the actual and projected expenses, as a result of the disaster, for the fiscal year in which the disaster occurred and for the 3 succeeding fiscal years. The loan application shall be prepared by the affected local government and be approved by the GAR. FEMA has determined that a local government, in applying for a loan as a result of having suffered a substantial loss of tax and other revenue as a result of a major disaster, is not required to first seek credit elsewhere (see § 206.367(c)). (2) The State exercises administrative authority over the local government's application. The State's review should include a determination that the applicant is legally qualified, under State law, to assume the proposed debt, and may include an overall review for accuracy for the submission. The Governor's Authorized Representative may request the Regional Administrator to waive the requirement for a State review if an otherwise eligible applicant is not subject to State administration authority and the State cannot legally participate in the loan application process. (b) Financial requirements. (1) The loan application shall be developed from financial information contained in the local government's annual operating budget (see § 206.364(b)(2)) and shall include a Summary of Revenue Loss and Unreimbursed Disaster-Related Expenses, a Statement of the Applicant's Operating Results—Cash Position, a Debt History, Tax Assessment Data, Financial Projections, Other Information, a Certification, and the Assurances listed on the application. (i) Copies of the local government's financial reports (Revenue and Expense and Balance Sheet) for the 3 fiscal years immediately prior to the fiscal year of the disaster and the applicant's most recent financial statement must accompany the application. The local government's financial reports to be subm… | |||
| 44:44:1.0.1.4.55.11.10.6 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | K | Subpart K—Community Disaster Loans | § 206.365 Loan administration. | FEMA | (a) Funding. (1) FEMA will disburse funds to the local government when requested, generally in accordance with the Schedule of Loan Increments in the Promissory Note. As funds are disbursed, interest will accrue against each disbursement. (2) When each incremental disbursement is requested, the local government shall submit a copy of its most recent financial report (if not submitted previously) for consideration by FEMA in determining whether the level and frequency of periodic payments continue to be justified. The local government shall also provide the latest available data on anticipated and actual tax and other revenue collections. Desired adjustments in the disbursement schedule shall be submitted in writing at least 10 days prior to the proposed disbursement date in order to ensure timely receipt of the funds. A sinking fund should be established to amortize the debt. (b) Financial management. (1) Each local government with an approved Community Disaster Loan shall establish necessary accounting records, consistent with local government's financial management system, to account for loan funds received and disbursed and to provide an audit trail. (2) FEMA auditors, State auditors, the GAR, the Regional Administrator, the Assistant Administrator for the Disaster Assistance Directorate, and the Comptroller General of the United States or their duly authorized representatives shall, for the purpose of audits and examination, have access to any books, documents, papers, and records that pertain to Federal funds, equipments, and supplies received under these regulations. (c) Loan servicing. (1) The applicant annually shall submit to FEMA copies of its annual financial reports (operating statements, balance sheets, etc.) for the fiscal year of the major disaster, and for each of the 3 subsequent fiscal years. (2) The Disaster Assistance Directorate, will review the loan periodically. The purpose of the reevaluation is to determine whether projected revenue losses, disaster-related expenses, operating … | ||||
| 44:44:1.0.1.4.55.11.10.7 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | K | Subpart K—Community Disaster Loans | § 206.366 Loan cancellation. | FEMA | [55 FR 2314, Jan. 23, 1990, as amended at 74 FR 15351, Apr. 3, 2009] | (a) Policies. (1) FEMA shall cancel repayment of all or part of a Community Disaster Loan to the extent that the Assistant Administrator for the Disaster Assistance Directorate determines that revenues of the local government during the full three fiscal year period following the disaster are insufficient, as a result of the disaster, to meet the operating budget for the local government, including additional unreimbursed disaster-related expenses for a municipal operating character. For loan cancellation purposes, FEMA interprets that term operating budget to mean actual revenues and expenditures of the local government as published in the official financial statements of the local government. (2) If the tax and other revenues rates or the tax assessment valuation of property which was not damaged or destroyed by the disaster are reduced during the 3 fiscal years subsequent to the major disaster, the tax and other revenue rates and tax assessment valuation factors applicable to such property in effect at the time of the major disaster shall be used without reduction for purposes of computing revenues received. This may result in decreasing the potential for loan cancellations. (3) If the local government's fiscal year is changed during the “full 3 year period following the disaster” the actual period will be modified so that the required financial data submitted covers an inclusive 36-month period. (4) If the local government transfers funds from its operating funds accounts to its capital funds account, utilizes operating funds for other than routine maintenance purposes, or significantly increases expenditures which are not disaster related, except increases due to inflation, the annual operating budget or operating statement expenditures will be reduced accordingly for purposes of evaluating any request for loan cancellation. (5) It is not the purpose of this loan program to underwrite predisaster budget or actual deficits of the local government. Consequently, such deficits carried forward will reduc… | |||
| 44:44:1.0.1.4.55.11.10.8 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | K | Subpart K—Community Disaster Loans | § 206.367 Loan repayment. | FEMA | (a) Prepayments. The local government may make prepayments against loan at any time without any prepayment penalty. (b) Repayment. To the extent not otherwise cancelled, Community Disaster Loan funds become due and payable in accordance with the terms and conditions of the Promissory Note. The note shall include the following provisions: (1) The term of a loan made under this program is 5 years, unless extended by the Assistant Administrator for the Disaster Assistance Directorate. Interest will accrue on outstanding cash from the actual date of its disbursement by the Treasury. (2) The interest amount due will be computed separately for each Treasury disbursement as follows: I = P × R × T, where I = the amount of simple interest, P = the principal amount disbursed; R = the interest rate of the loan; and, T = the outstanding term in years from the date of disbursement to date of repayment, with periods less than 1 year computed on the basis of 365 days/year. If any portion of the loan is cancelled, the interest amount due will be computed on the remaining principal with the shortest outstanding term. (3) Each payment made against the loan will be applied first to the interest computed to the date of the payment, and then to the principal. Prepayments of scheduled installments, or any portion thereof, may be made at any time and shall be applied to the installments last to become due under the loan and shall not affect the obligation of the borrower to pay the remaining installments. (4) The Assistant Administrator for the Disaster Assistance Directorate may defer payments of principal and interest until FEMA makes its final determination with respect to any Application for Loan Cancellation which the borrower may submit. However, interest will continue to accrue. (5) Any costs incurred by the Federal Government in collecting the note shall be added to the unpaid balance of the loan, bear interest at the same rate as the loan, and be immediately due without demand. (6) In the event of default on this no… | ||||
| 44:44:1.0.1.4.55.11.10.9 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | K | Subpart K—Community Disaster Loans | §§ 206.368-206.369 [Reserved] | FEMA | |||||
| 44:44:1.0.1.4.55.13.10.1 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | M | Subpart M—Minimum Standards | § 206.400 General. | FEMA | (a) As a condition of the receipt of any disaster assistance under the Stafford Act, the applicant shall carry out any repair or construction to be financed with the disaster assistance in accordance with applicable standards of safety, decency, and sanitation and in conformity with applicable codes, specifications and standards. (b) Applicable codes, specifications, and standards shall include any disaster resistant building code that meets the minimum requirements of the National Flood Insurance Program (NFIP) as well as being substantially equivalent to the recommended provisions of the National Earthquake Hazards Reduction Program (NEHRP). In addition, the applicant shall comply with any requirements necessary in regards to Executive Order 11988, Floodplain Management, Executive Order 12699, Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction, and any other applicable Executive orders. (c) In situations where there are no locally applicable standards of safety, decency and sanitation, or where there are no applicable local codes, specifications and standards governing repair or construction activities, or where the Regional Administrator determines that otherwise applicable codes, specifications, and standards are inadequate, then the Regional Administrator may, after consultation with appropriate State and local officials, require the use of nationally applicable codes, specifications, and standards, as well as safe land use and construction practices in the course of repair or construction activities. (d) The mitigation planning process that is mandated by section 322 of the Stafford Act and 44 CFR part 201 can assist State and local governments in determining where codes, specifications, and standards are inadequate, and may need to be upgraded. | ||||
| 44:44:1.0.1.4.55.13.10.2 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | M | Subpart M—Minimum Standards | § 206.401 Local standards. | FEMA | [74 FR 47482, Sept. 16, 2009] | The cost of repairing or constructing a facility in conformity with minimum codes, specifications and standards may be eligible for reimbursement under section 406 of the Stafford Act, as long as such codes, specifications, and standards meet the criteria that are listed at 44 CFR 206.226(d). | |||
| 44:44:1.0.1.4.55.13.10.3 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | M | Subpart M—Minimum Standards | § 206.402 Compliance. | FEMA | A recipient of disaster assistance under the Stafford Act must document for the Regional Administrator its compliance with this subpart following the completion of any repair or construction activities. | ||||
| 44:44:1.0.1.4.55.14.10.1 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | N | Subpart N—Hazard Mitigation Grant Program | § 206.430 General. | FEMA | [59 FR 24356, May 11, 1994] | This subpart provides guidance on the administration of hazard mitigation grants made under the provisions of section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5170c, hereafter Stafford Act, or the Act. | |||
| 44:44:1.0.1.4.55.14.10.10 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | N | Subpart N—Hazard Mitigation Grant Program | § 206.439 Allowable costs. | FEMA | [72 FR 57875, Oct. 11, 2007, as amended at 72 FR 61750, Oct. 31, 2007; 79 FR 76086, Dec. 19, 2014; 86 FR 50679, Sept. 10, 2021] | (a) General requirements for determining allowable costs are established in 2 CFR part 200, Cost Principles. Exceptions to those requirements as allowed in 2 CFR 200.101 and 2 CFR 200.102 are explained in paragraph (b) of this section. (b) Administrative and management costs for major disasters will be paid in accordance with 44 CFR part 207. (c) Pre-award costs. FEMA may fund eligible pre-award planning or project costs at its discretion and as funds are available. Recipients and subrecipients may be reimbursed for eligible pre-award costs for activities directly related to the development of the project or planning proposal. These costs can only be incurred during the open application period of the grant program. Costs associated with implementation of the activity but incurred prior to grant award are not eligible. Therefore, activities where implementation is initiated or completed prior to award are not eligible and will not be reimbursed. | |||
| 44:44:1.0.1.4.55.14.10.11 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | N | Subpart N—Hazard Mitigation Grant Program | § 206.440 Appeals. | FEMA | [63 FR 17111, Apr. 8, 1998, as amended at 86 FR 50679, Sept. 10, 2021] | An eligible applicant, subrecipient, or recipient may appeal any determination previously made related to an application for or the provision of Federal assistance according to the procedures in this section. (a) Format and content. The applicant or recipient will make the appeal in writing through the recipient to the Regional Administrator. The recipient-will review and evaluate all subrecipient appeals before submission to the Regional Administrator. The recipient may make recipient-related appeals to the Regional Administrator. The appeal must contain documented justification supporting the appellant's position, specifying the monetary figure in dispute and the provisions in Federal law, regulation, or policy with which the appellant believes the initial action was inconsistent. (b) Levels of appeal. (1) The Regional Administrator will consider first appeals for hazard mitigation grant program-related decisions under subparts M and N of this part. (2) The Assistant Administrator for the Mitigation Directorate will consider appeals of the Regional Administrator's decision on any first appeal under paragraph (b)(1) of this section. (c) Time limits. (1) Appellants must make appeals within 60 days after receipt of a notice of the action that is being appealed. (2) The recipient will review and forward appeals from an applicant or subrecipient, with a written recommendation, to the Regional Administrator within 60 days of receipt. (3) Within 90 days following receipt of an appeal, the Regional Administrator (for first appeals) or Assistant Administrator for the Mitigation Directorate (for second appeals) will notify the recipient in writing of the disposition of the appeal or of the need for additional information. A request by the Regional Administrator or Assistant Administrator for the Mitigation Directorate for additional information will include a date by which the information must be provided. Within 90 days following the receipt of the requested additional information or following expiration of … | |||
| 44:44:1.0.1.4.55.14.10.2 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | N | Subpart N—Hazard Mitigation Grant Program | § 206.431 Definitions. | FEMA | [86 FR 50676, Sept. 10, 2021] | Activity means any mitigation measure, project, or action proposed to reduce risk of future damage, hardship, loss or suffering from disasters. Applicant means the non-Federal entity consisting of a State or Indian Tribal government, applying to FEMA for a Federal award under the Hazard Mitigation Grant Program. Upon award, the applicant becomes the recipient and may also be a pass-through entity. Enhanced State Mitigation Plan is the hazard mitigation plan approved under 44 CFR part 201 as a condition of receiving increased funding under the HMGP. Grant application means the request to FEMA for HMGP funding, as outlined in § 206.436, by a State or Tribal government that will act as recipient. Grant award means total of Federal and non-Federal contributions to complete the approved scope of work. Indian Tribal government means any Federally recognized governing body of an Indian or Alaska Native Tribe, band, nation, pueblo, village, or community that the Secretary of Interior acknowledges to exist as an Indian Tribe under the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 5131. This does not include Alaska Native corporations, the ownership of which is vested in private individuals. Indian Tribal governments have the option to apply as an applicant or subapplicant. Local Mitigation Plan is the hazard mitigation plan required of a local government acting as a subrecipient as a condition of receiving a project subaward under the HMGP as outlined in 44 CFR 201.6. Pass-through entity means a recipient that provides a subaward to a subrecipient. Recipient means the State or Indian Tribal government that receives a Federal award directly from FEMA. A recipient may also be a pass-through entity. The term recipient does not include subrecipients. The recipient is the entire legal entity even if only a particular component of the entity is designated in the grant award document. Generally, the State is the recipient. However, an Indian Tribal government may choose to be a recipient, or may … | |||
| 44:44:1.0.1.4.55.14.10.3 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | N | Subpart N—Hazard Mitigation Grant Program | § 206.432 Federal grant assistance. | FEMA | [55 FR 35537, Aug. 30, 1990, as amended at 59 FR 24356, May 11, 1994; 67 FR 8853, Feb. 26, 2002; 67 FR 61515, Oct. 1, 2002; 69 FR 55097, Sept. 13, 2004; 72 FR 61750, Oct. 31, 2007; 74 FR 47482, Sept. 16, 2009; 86 FR 50677, Sept. 10, 2021] | (a) General. This section describes the extent of Federal funding available under the State's grant, as well as limitations and special procedures applicable to each. (b) Amounts of assistance. The total Federal contribution of funds is based on the estimated aggregate grant amount to be made under the Stafford Act for the major disaster (less associated administrative costs), and must be as follows: (1) Standard percentages. Not to exceed 15 percent for the first $2,000,000,000 or less of such amounts; not to exceed 10 percent of the portion of such amounts over $2,000,000,000 and not more than $10,000,000,000; and not to exceed 7.5 percent of the portion of such amounts over $10,000,000,000 and not more than $35,333,000,000. (2) Twenty (20) percent. A State with an approved Enhanced State Mitigation Plan, in effect before the disaster declaration, which meets the requirements outlined in § 201.5 of this subchapter will be eligible for assistance under the HMGP not to exceed 20 percent of such amounts, for amounts not more than $35.333 billion. (3) The estimates of Federal assistance under this paragraph (b) will be based on the Regional Administrator's estimate of all eligible costs, actual grants, and appropriate mission assignments. (c) Cost sharing. All mitigation measures approved under the State's grant will be subject to the cost sharing provisions established in the FEMA-State Agreement. FEMA may contribute up to 75 percent of the cost of measures approved for funding under the Hazard Mitigation Grant Program for major disasters declared on or after June 10, 1993. The non-Federal share may exceed the Federal share. FEMA will not contribute to costs above the Federally approved estimate. | |||
| 44:44:1.0.1.4.55.14.10.4 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | N | Subpart N—Hazard Mitigation Grant Program | § 206.433 State responsibilities. | FEMA | [55 FR 35537, Aug. 30, 1990, as amended at 72 FR 61750, Oct. 31, 2007; 86 FR 50677, Sept. 10, 2021] | (a) Recipient. The State will be the recipient to which funds are awarded and will be accountable for the use of those funds. There may be subrecipients within the State government. (b) Priorities. The State will determine priorities for funding. This determination must be made in conformance with § 206.435. (c) Hazard Mitigation Officer. The State must appoint a Hazard Mitigation Officer who serves as the responsible individual for all matters related to the Hazard Mitigation Grant Program. (d) Administrative plan. The State must have an approved administrative plan for the Hazard Mitigation Grant Program in conformance with § 206.437. | |||
| 44:44:1.0.1.4.55.14.10.5 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | N | Subpart N—Hazard Mitigation Grant Program | § 206.434 Eligibility. | FEMA | [55 FR 35537, Aug. 30, 1990, as amended at 59 FR 24356, May 11, 1994; 67 FR 8853, Feb. 26, 2002; 67 FR 61515, Oct. 1, 2002; 69 FR 55097, Sept. 13, 2004; 72 FR 61750, Oct. 31, 2007; 74 FR 47483, Sept. 16, 2009; 81 FR 56534, Aug. 22, 2016; 86 FR 50677, Sept. 10, 2021] | (a) Eligible entities. The following are eligible to apply for the Hazard Mitigation Program Grant: (1) Applicants—States and Indian Tribal governments; (2) Subapplicants—(i) State agencies and local governments; (ii) Private nonprofit organizations that own or operate a private nonprofit facility as defined in § 206.221(e). A qualified conservation organization as defined at § 80.3(h) of this chapter is the only private nonprofit organization eligible to apply for acquisition or relocation for open space projects; (iii) Indian Tribal governments. (b) Plan requirement. (1) Local and Indian Tribal government applicants for project subawards must have an approved local or Tribal Mitigation Plan in accordance with 44 CFR part 201 before receipt of HMGP subaward funding for projects. (2) Regional Administrators may grant an exception to this requirement in extraordinary circumstances, such as in a small and impoverished community when justification is provided. In these cases, a plan will be completed within 12 months of the award of the project subaward. If a plan is not provided within this timeframe, the project subaward will be terminated, and any costs incurred after notice of subaward's termination will not be reimbursed by FEMA. (c) Minimum project criteria. To be eligible for the Hazard Mitigation Grant Program, a project must: (1) Be in conformance with the State Mitigation Plan and Local or Tribal Mitigation Plan approved under 44 CFR part 201; or for Indian Tribal governments acting as recipients, be in conformance with the Tribal Mitigation Plan approved under 44 CFR 201.7; (2) Have a beneficial impact upon the designated disaster area, whether or not located in the designated area; (3) Be in conformance with 44 CFR part 9, Floodplain Management and Protection of Wetlands, and other applicable environmental and historic preservation laws, regulations, Executive Orders, and agency policy; (4) Solve a problem independently or constitute a functional portion of a solution where there is assu… | |||
| 44:44:1.0.1.4.55.14.10.6 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | N | Subpart N—Hazard Mitigation Grant Program | § 206.435 Project identification and selection criteria. | FEMA | [55 FR 35537, Aug. 30, 1990, as amended at 66 FR 8853, Feb. 26, 2002; 68 FR 63738, Nov. 10, 2003; 86 FR 50678, Sept. 10, 2021] | (a) Identification. It is the State's responsibility to identify and select eligible hazard mitigation projects. All funded projects must be consistent with the State Mitigation Plan. Hazard Mitigation projects will be identified and prioritized through the State, Indian tribal, and local planning process. (b) Selection. The State will establish procedures and priorities for the selection of mitigation measures. At a minimum, the criteria must be consistent with the criteria stated in § 206.434(c) and include: (1) Measures that best fit within an overall plan for development and/or hazard mitigation in the community, disaster area, or State; (2) Measures that, if not taken, will have a severe detrimental impact on the applicant, such as potential loss of life, loss of essential services, damage to critical facilities, or economic hardship on the community; (3) Measures that have the greatest potential impact on reducing future disaster losses; (c) Other considerations. In addition to the selection criteria noted above, consideration should be given to measures that are designed to accomplish multiple objectives including damage reduction, environmental enhancement, and economic recovery, when appropriate. | |||
| 44:44:1.0.1.4.55.14.10.7 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | N | Subpart N—Hazard Mitigation Grant Program | § 206.436 Application procedures. | FEMA | [67 FR 8853, Feb. 26, 2002, as amended at 79 FR 76086, Dec. 19, 2014; 81 FR 56534, Aug. 22, 2016; 86 FR 50678, Sept. 10, 2021; 89 FR 66253, Aug. 15, 2024] | (a) General. This section describes the procedures to be used by the recipient in submitting an application for HMGP funding. Under the HMGP, the State or Indian Tribal government is the recipient and is responsible for processing subawards to applicants in accordance with 2 CFR parts 200 and 3002. Subrecipients are accountable to the recipient. (b) Governor's Authorized Representative. The Governor's Authorized Representative serves as the grant administrator for all funds provided under the Hazard Mitigation Grant Program. The Governor's Authorized Representative's responsibilities as they pertain to procedures outlined in this section include providing technical advice and assistance to eligible subrecipients, and ensuring that all potential applicants are aware of assistance available and submission of those documents necessary for grant award. (c) Hazard mitigation application. Upon identification of mitigation measures, the State (Governor's Authorized Representative) will submit its Hazard Mitigation Grant Program application to the FEMA Regional Administrator. The application will identify one or more mitigation measures for which funding is requested. The application must include a Standard Form (SF) 424, Application for Federal Assistance, SF 424D, Assurances for Construction Programs, if appropriate, and a narrative statement. The narrative statement will contain any pertinent project management information not included in the State's administrative plan for Hazard Mitigation. The narrative statement will also serve to identify the specific mitigation measures for which funding is requested. Information required for each mitigation measure must include the following: (1) Name of the subrecipient, if any; (2) State or local contact for the measure; (3) Location of the project; (4) Description of the measure; (5) Cost estimate for the measure; (6) Analysis of the measure's cost-effectiveness and substantial risk reduction, consistent with § 206.434(c); (7) Work schedule; (8) Justification… | |||
| 44:44:1.0.1.4.55.14.10.8 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | N | Subpart N—Hazard Mitigation Grant Program | § 206.437 State administrative plan. | FEMA | [55 FR 35537, Aug. 30, 1990, as amended at 55 FR 52172, Dec. 20, 1990; 72 FR 57875, Oct. 11, 2007; 74 FR 15352, Apr. 3, 2009; 79 FR 76086, Dec. 19, 2014; 86 FR 50678, Sept. 10, 2021] | (a) General. The State must develop a plan for the administration of the Hazard Mitigation Grant Program. (b) Minimum criteria. At a minimum, the State administrative plan must include the items listed below: (1) Designation of the State agency will have responsibility for program administration; (2) Identification of the State Hazard Mitigation Officer responsible for all matters related to the Hazard Mitigation Grant Program. (3) Determination of staffing requirements and sources of staff necessary for administration of the program; (4) Establishment of procedures to: (i) Identify and notify potential applicants (subrecipients) of the availability of the program; (ii) Ensure that potential applicants are provided information on the application process, program eligibility and key deadlines; (iii) Determine applicant eligibility; (iv) Conduct environmental and floodplain management reviews; (v) Establish priorities for selection of mitigation projects; (vi) Process requests for advances of funds and reimbursement; (vii) Monitor and evaluate the progress and completion of the selected projects; (viii) Review and approve cost overruns; (ix) Process appeals; (x) Provide technical assistance as required to subrecipient(s); (xi) Comply with the administrative and audit requirements of 2 CFR parts 200 and 3002 and 44 CFR part 206. (xii) Provide quarterly progress reports to the Regional Administrator on approved projects. (xiii) Determine the percentage or amount of pass-through funds for management costs provided under 44 CFR part 207 that the recipient will make available to subrecipients, and the basis, criteria, or formula for determining the subrecipient percentage or amount. (c) Format. The administrative plan is intended to be a brief but substantive plan documenting the State's process for the administration of the Hazard Mitigation Grant Program and management of the section 404 funds. This administrative plan should become a part of the State's overall emergency response or operation… | |||
| 44:44:1.0.1.4.55.14.10.9 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | N | Subpart N—Hazard Mitigation Grant Program | § 206.438 Project management. | FEMA | [86 FR 50678, Sept. 10, 2021] | (a) General. The State serving as recipient has primary responsibility for project management and accountability of funds as indicated in 2 CFR parts 200 and 3002 and 44 CFR part 206. The State is responsible for ensuring that subrecipients meet all program and administrative requirements. (b) Cost overruns. During the execution of work on an approved mitigation measure the Governor's Authorized Representative may find that actual project costs are exceeding the approved estimates. Cost overruns which can be met without additional Federal funds, or which can be met by offsetting cost underruns on other projects, need not be submitted to the Regional Administrator for approval, so long as the full scope of work on all affected projects can still be met. For cost overruns which exceed Federal obligated funds and which require additional Federal funds, the Governor's Authorized Representative will evaluate each cost overrun and submit a request with a recommendation to the Regional Administrator for a determination. The applicant's justification for additional costs and other pertinent material must accompany the request. The Regional Administrator will notify the Governor's Authorized Representative in writing of the determination and process a supplement, if necessary. All requests that are not justified must be denied by the Governor's Authorized Representative. In no case will the total amount obligated to the State exceed the funding limits set forth in § 206.432(b). Any such problems or circumstances affecting project costs must be identified through the quarterly progress reports required in paragraph (c) of this section. (c) Progress reports. The recipient must submit a quarterly progress report to FEMA indicating the status and completion date for each measure funded. Any problems or circumstances affecting completion dates, scope of work, or project costs which are expected to result in noncompliance with the approved grant conditions must be described in the report. (d) Payment of claims. The G… | |||
| 44:44:1.0.1.4.55.2.10.1 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | B | Subpart B—The Declaration Process | § 206.31 Purpose. | FEMA | The purpose of this subpart is to describe the process leading to a Presidential declaration of a major disaster or an emergency and the actions triggered by such a declaration. | ||||
| 44:44:1.0.1.4.55.2.10.10 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | B | Subpart B—The Declaration Process | § 206.40 Designation of affected areas and eligible assistance. | FEMA | [55 FR 2292, Jan. 23, 1990, as amended at 74 FR 60213, Nov. 20, 2009] | (a) Eligible assistance. The Assistant Administrator for the Disaster Assistance Directorate has been delegated authority to determine and designate the types of assistance to be made available. The initial designations will usually be announced in the declaration. Determinations by the Assistant Administrator for the Disaster Assistance Directorate of the types and extent of FEMA disaster assistance to be provided are based upon findings whether the damage involved and its effects are of such severity and magnitude as to be beyond the response capabilities of the State, the affected local governments, and other potential recipients of supplementary Federal assistance. The Assistant Administrator for the Disaster Assistance Directorate may authorize all, or only particular types of, supplementary Federal assistance requested by the Governor. (b) Areas eligible to receive assistance. The Assistant Administrator for the Disaster Assistance Directorate also has been delegated authority to designate the affected areas eligible for supplementary Federal assistance under the Stafford Act. These designations shall be published in the Federal Register. An affected area designated by the Assistant Administrator for the Disaster Assistance Directorate includes all local government jurisdictions within its boundaries. The Assistant Administrator for the Disaster Assistance Directorate may, based upon damage assessments in any given area, designate all or only some of the areas requested by the Governor for supplementary Federal assistance. (c) Requests for additional designations after a declaration. After a declaration by the President, the Governor, or the GAR, may request that additional areas or types of supplementary Federal assistance be authorized by the Assistant Administrator for the Disaster Assistance Directorate. Such requests shall be accompanied by appropriate verified assessments and commitments by State and local governments to demonstrate that the requested designations are justified and that the … | |||
| 44:44:1.0.1.4.55.2.10.11 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | B | Subpart B—The Declaration Process | § 206.41 Appointment of disaster officials. | FEMA | (a) Federal Coordinating Officer. Upon a declaration of a major disaster or of an emergency by the President, the Administrator or Deputy Administrator shall appoint an FCO who shall initiate action immediately to assure that Federal assistance is provided in accordance with the declaration, applicable laws, regulations, and the FEMA-State Agreement. (b) Disaster Recovery Manager. The Regional Administrator shall designate a DRM to exercise all the authority of the Regional Administrator in a major disaster or an emergency. (c) State Coordinating Officer. Upon a declaration of a major disaster or of an emergency, the Governor of the affected State shall designate an SCO who shall coordinate State and local disaster assistance efforts with those of the Federal Government. (d) Governor's Authorized Representative. In the FEMA-State Agreement, the Governor shall designate the GAR, who shall administer Federal disaster assistance programs on behalf of the State and local governments and other grant or loan recipients. The GAR is responsible for the State compliance with the FEMA-State Agreement. | ||||
| 44:44:1.0.1.4.55.2.10.12 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | B | Subpart B—The Declaration Process | § 206.42 Responsibilities of coordinating officers. | FEMA | (a) Following a declaration of a major disaster or an emergency, the FCO shall: (1) Make an initial appraisal of the types of assistance most urgently needed; (2) In coordination with the SCO, establish field offices and Disaster Application Centers as necessary to coordinate and monitor assistance programs, disseminate information, accept applications, and counsel individuals, families and businesses concerning available assistance; (3) Coordinate the administration of relief, including activities of State and local governments, activities of Federal agencies, and those of the American Red Cross, the Salvation Army, the Mennonite Disaster Service, and other voluntary relief organizations which agree to operate under the FCO's advice and direction; (4) Undertake appropriate action to make certain that all of the Federal agencies are carrying out their appropriate disaster assistance roles under their own legislative authorities and operational policies; and (5) Take other action, consistent with the provisions of the Stafford Act, as necessary to assist citizens and public officials in promptly obtaining assistance to which they are entitled. (b) The SCO coordinates State and local disaster assistance efforts with those of the Federal Government working closely with the FCO. The SCO is the principal point of contact regarding coordination of State and local disaster relief activities, and implementation of the State emergency plan. The functions, responsibilities, and authorities of the SCO are set forth in the State emergency plan. It is the responsibility of the SCO to ensure that all affected local jurisdictions are informed of the declaration, the types of assistance authorized, and the areas eligible to receive such assistance. | ||||
| 44:44:1.0.1.4.55.2.10.13 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | B | Subpart B—The Declaration Process | § 206.43 Emergency support teams. | FEMA | The Federal Coordinating Officer may activate emergency support teams, composed of Federal program and support personnel, to be deployed into an area affected by a major disaster or emergency. These emergency support teams assist the FCO in carrying out his/her responsibilities under the Stafford Act and these regulations. Any Federal agency can be directed to detail personnel within the agency's administrative jurisdiction to temporary duty with the FCO. Each detail shall be without loss of seniority, pay, or other employee status. | ||||
| 44:44:1.0.1.4.55.2.10.14 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | B | Subpart B—The Declaration Process | § 206.44 FEMA-State Agreements. | FEMA | [55 FR 2292, Jan. 23, 1990, as amended at 67 FR 61460, Sept. 30, 2002] | (a) General. Upon the declaration of a major disaster or an emergency, the Governor, acting for the State, and the FEMA Regional Administrator or his/her designee, acting for the Federal Government, shall execute a FEMA-State Agreement. The FEMA-State Agreement states the understandings, commitments, and conditions for assistance under which FEMA disaster assistance shall be provided. This Agreement imposes binding obligations on FEMA, States, their local governments, and private nonprofit organizations within the States in the form of conditions for assistance which are legally enforceable. No FEMA funding will be authorized or provided to any grantees or other recipients, nor will direct Federal assistance be authorized by mission assignment, until such time as this Agreement for the Presidential declaration has been signed, except where it is deemed necessary by the Regional Administrator to begin the process of providing essential emergency services or housing assistance under the Individuals and Households Program. (b) Terms and conditions. This Agreement describes the incident and the incident period for which assistance will be made available, the type and extent of the Federal assistance to be made available, and contains the commitment of the State and local government(s) with respect to the amount of funds to be expended in alleviating damage and suffering caused by the major disaster or emergency. The Agreement also contains such other terms and conditions consistent with the declaration and the provisions of applicable laws, Executive Order and regulations. (c) Provisions for modification. In the event that the conditions stipulated in the original Agreement are changed or modified, such changes will be reflected in properly executed amendments to the Agreement, which may be signed by the GAR and the Regional Administrator or his/her designee for the specified major disaster or emergency. Amendments most often occur to close or amend the incident period, to add forms of assistance not original… | |||
| 44:44:1.0.1.4.55.2.10.15 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | B | Subpart B—The Declaration Process | § 206.45 Loans of non-Federal share. | FEMA | (a) Conditions for making loans. At the request of the Governor, the Assistant Administrator for the Disaster Assistance Directorate together with the Chief Financial Officer may lend or advance to a State, either for its own use or for the use of public or private nonprofit applicants for disaster assistance under the Stafford Act, the portion of assistance for which the State or other eligible disaster assistance applicant is responsible under the cost-sharing provisions of the Stafford Act in any case in which: (1) The State or other eligible disaster assistance applicant is unable to assume their financial responsibility under such cost sharing provisions: (i) As a result of concurrent, multiple major disasters in a jurisdiction, or (ii) After incurring extraordinary costs as a result of a particular disaster; (2) The damages caused by such disasters or disaster are so overwhelming and severe that it is not possible for the State or other eligible disaster assistance applicant to immediately assume their financial responsibility under the Act; and (3) The State and the other eligible disaster applicants are not delinquent in payment of any debts to FEMA incurred as a result of Presidentially declared major disasters or emergencies. (b) Repayment of loans. Any loan made to a State under paragraph (a) of this section must be repaid to the United States. The Governor must include a repayment schedule as part of the request for advance. (1) The State shall repay the loan (the principal disbursed plus interest) in accordance with the repayment schedule approved by the Assistant Administrator for the Disaster Assistance Directorate together with the Chief Financial Officer. (2) If the State fails to make payments in accordance with the approved repayment schedule, FEMA will offset delinquent amounts against the current, prior, or any subsequent disasters, or monies due the State under other FEMA programs, in accordance with the established Claims Collection procedures. (c) Interest. Loans or advances… | ||||
| 44:44:1.0.1.4.55.2.10.16 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | B | Subpart B—The Declaration Process | § 206.46 Appeals. | FEMA | (a) Denial of declaration request. When a request for a major disaster declaration or for any emergency declaration is denied, the Governor may appeal the decision. An appeal must be made within 30 days after the date of the letter denying the request. This one-time request for reconsideration, along with appropriate additional information, is submitted to the President through the appropriate Regional Administrator. The processing of this request is similar to the initial request. (b) Denial of types of assistance or areas. In those instances when the type of assistance or certain areas requested by the Governor are not designated or authorized, the Governor, or the GAR, may appeal the decision. An appeal must be submitted in writing within 30 days of the date of the letter denying the request. This one-time request for reconsideration, along with justification and/or additional information, is sent to the Assistant Administrator for the Disaster Assistance Directoratethrough the appropriate Regional Administrator. (c) Denial of advance of non-Federal share. In those instances where the Governor's request for an advance is denied, the Governor may appeal the decision. An appeal must be submitted in writing within 30 days of the date of the letter denying the request. This one-time request for reconsideration, along with justification and/or additional information, is sent to the Assistant Administrator for the Disaster Assistance Directoratethrough the appropriate Regional Administrator. (d) Extension of time to appeal. The 30-day period referred to in paragraphs (a), (b), or (c) of this section may be extended by the Assistant Administrator for the Disaster Assistance Directorate provided that a written request for such an extension, citing reasons for the delay, is made during this 30-day period, and if the Assistant Administrator for the Disaster Assistance Directorate agrees that there is a legitimate basis for extension of the 30-day period. Only the Governor may request a time extension for appe… | ||||
| 44:44:1.0.1.4.55.2.10.17 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | B | Subpart B—The Declaration Process | § 206.47 Cost-share adjustments. | FEMA | [64 FR 19498, Apr. 21, 1999] | (a) We pay seventy-five percent (75%) of the eligible cost of permanent restorative work under section 406 of the Stafford Act and for emergency work under section 403 and section 407 of the Stafford Act, unless the Federal share is increased under this section. (b) We recommend an increase in the Federal cost share from seventy-five percent (75%) to not more than ninety percent (90%) of the eligible cost of permanent work under section 406 and of emergency work under section 403 and section 407 whenever a disaster is so extraordinary that actual Federal obligations under the Stafford Act, excluding FEMA administrative cost, meet or exceed a qualifying threshold of: (1) Beginning in 1999 and effective for disasters declared on or after May 21, 1999, $75 per capita of State population; (2) Effective for disasters declared after January 1, 2000, and through December 31, 2000, $85 per capita of State population; (3) Effective for disasters declared after January 1, 2001, $100 per capita of State population; and, (4) Effective for disasters declared after January 1, 2002 and for later years, $100 per capita of State population, adjusted annually for inflation using the Consumer Price Index for All Urban Consumers published annually by the Department of Labor. (c) When we determine whether to recommend a cost-share adjustment we consider the impact of major disaster declarations in the State during the preceding twelve-month period. (d) If warranted by the needs of the disaster, we recommend up to one hundred percent (100%) Federal funding for emergency work under section 403 and section 407, including direct Federal assistance, for a limited period in the initial days of the disaster irrespective of the per capita impact. | |||
| 44:44:1.0.1.4.55.2.10.18 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | B | Subpart B—The Declaration Process | § 206.48 Factors considered when evaluating a Governor's request for a major disaster declaration. | FEMA | [64 FR 47698, Sept. 1, 1999, as amended at 84 FR 10663, Mar. 21, 2019; 85 FR 2039, Jan. 14, 2020] | When we review a Governor's request for major disaster assistance under the Stafford Act, these are the primary factors in making a recommendation to the President whether assistance is warranted. We consider other relevant information as well. (a) Public Assistance Program. We evaluate the following factors to evaluate the need for assistance under the Public Assistance Program. (1) Estimated cost of the assistance. We evaluate the estimated cost of Federal and nonfederal public assistance against the statewide population to give some measure of the per capita impact within the State. We use a figure of $1 per capita as an indicator that the disaster is of such size that it might warrant Federal assistance, and adjust this figure annually based on the Consumer Price Index for all Urban Consumers. We are establishing a minimum threshold of $1 million in public assistance damages per disaster in the belief that we can reasonably expect even the lowest population States to cover this level of public assistance damage. (2) Localized impacts. We evaluate the impact of the disaster at the county and local government level, as well as impacts at the American Indian and Alaskan Native Tribal Government levels, because at times there are extraordinary concentrations of damages that might warrant Federal assistance even if the statewide per capita is not met. This is particularly true where critical facilities are involved or where localized per capita impacts might be extremely high. For example, we have at times seen localized damages in the tens or even hundreds of dollars per capita though the statewide per capita impact was low. (3) Insurance coverage in force. We consider the amount of insurance coverage that is in force or should have been in force as required by law and regulation at the time of the disaster, and reduce the amount of anticipated assistance by that amount. (4) Hazard mitigation. To recognize and encourage mitigation, we consider the extent to which State and local government measures… | |||
| 44:44:1.0.1.4.55.2.10.19 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | B | Subpart B—The Declaration Process | §§ 206.49-206.60 [Reserved] | FEMA | |||||
| 44:44:1.0.1.4.55.2.10.2 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | B | Subpart B—The Declaration Process | § 206.32 Definitions. | FEMA | All definitions in the Stafford Act and in § 206.2 apply. In addition, the following definitions apply: (a) Appeal: A request for reconsideration of a determination on any action related to Federal assistance under the Stafford Act and these regulations. Specific procedures for appeals are contained in the relevant subparts of these regulations. (b) Commitment: A certification by the Governor that the State and local governments will expend a reasonable amount of funds to alleviate the effects of the major disaster or emergency, for which no Federal reimbursement will be requested. (c) Disaster Application Center: A center established in a centralized location within the disaster area for individuals, families, or businesses to apply for disaster aid. (d) FEMA-State Agreement: A formal legal document stating the understandings, commitments, and binding conditions for assistance applicable as the result of the major disaster or emergency declared by the President. (e) Incident: Any condition which meets the definition of major disaster or emergency as set forth in § 206.2 which causes damage or hardship that may result in a Presidential declaration of a major disaster or an emergency. (f) Incident period: The time interval during which the disaster-causing incident occurs. No Federal assistance under the Act shall be approved unless the damage or hardship to be alleviated resulted from the disaster-causing incident which took place during the incident period or was in anticipation of that incident. The incident period will be established by FEMA in the FEMA-State Agreement and published in the Federal Register. | ||||
| 44:44:1.0.1.4.55.2.10.3 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | B | Subpart B—The Declaration Process | § 206.33 Preliminary damage assessment. | FEMA | The preliminary damage assessment (PDA) process is a mechanism used to determine the impact and magnitude of damage and the resulting unmet needs of individuals, businesses, the public sector, and the community as a whole. Information collected is used by the State as a basis for the Governor's request, and by FEMA to document the recommendation made to the President in response to the Governor's request. It is in the best interest of all parties to combine State and Federal personnel resources by performing a joint PDA prior to the initiation of a Governor's request, as follows. (a) Preassessment by the State. When an incident occurs, or is imminent, which the State official responsible for disaster operations determines may be beyond the State and local government capabilities to respond, the State will request the Regional Administrator to perform a joint FEMA-State preliminary damage assessment. It is not anticipated that all occurrences will result in the requirement for assistance; therefore, the State will be expected to verify their initial information, in some manner, before requesting this support. (b) Damage assessment teams. Damage assessment teams will be composed of at least one representative of the Federal Government and one representative of the State. A local government representative, familiar with the extent and location of damage in his/her community, should also be included, if possible. Other State and Federal agencies, and voluntary relief organizations may also be asked to participate, as needed. It is the State's responsibility to coordinate State and local participation in the PDA and to ensure that the participants receive timely notification concerning the schedule. A FEMA official will brief team members on damage criteria, the kind of information to be collected for the particular incident, and reporting requirements. (c) Review of findings. At the close of the PDA, FEMA will consult with State officials to discuss findings and reconcile any differences. (d) Exceptions. … | ||||
| 44:44:1.0.1.4.55.2.10.4 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | B | Subpart B—The Declaration Process | § 206.34 Request for utilization of Department of Defense (DOD) resources. | FEMA | (a) General. During the immediate aftermath of an incident which may ultimately qualify for a Presidential declaration of a major disaster or emergency, when threats to life and property are present which cannot be effectively dealt with by the State or local governments, the Assistant Administrator for the Disaster Assistance Directorate may direct DOD to utilize DOD personnel and equipment for removal of debris and wreckage and temporary restoration of essential public facilities and services. (b) Request process. The Governor of a State, or the Acting Governor in his/her absence, may request such DOD assistance. The Governor should submit the request to the Assistant Administrator for the Disaster Assistance Directorate through the appropriate Regional Administrator to ensure prompt acknowledgment and processing. The request must be submitted within 48 hours of the occurrence of the incident. Requests made after that time may still be considered if information is submitted indicating why the request for assistance could not be made during the initial 48 hours. The request shall include: (1) Information describing the types and amount of DOD emergency assistance being requested; (2) Confirmation that the Governor has taken appropriate action under State law and directed the execution of the State emergency plan; (3) A finding that the situation is of such severity and magnitude that effective response is beyond the capabilities of the State and affected local governments and that Federal assistance is necessary for the preservation of life and property; (4) A certification by the Governor that the State and local government will reimburse FEMA for the non-Federal share of the cost of such work; and (5) An agreement: (i) To provide all lands, easements and rights-of-way necessary to accomplish the approved work without cost to the United States; (ii) To hold and save the United States free from damages due to the requested work, and to indemnify the Federal government against any claims arising from … | ||||
| 44:44:1.0.1.4.55.2.10.5 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | B | Subpart B—The Declaration Process | § 206.35 Requests for emergency declarations. | FEMA | (a) When an incident occurs or threatens to occur in a State, which would not qualify under the definition of a major disaster, the Governor of a State, or the Acting Governor in his/her absence, may request that the President declare an emergency. The Governor should submit the request to the President through the appropriate Regional Administrator to ensure prompt acknowledgment and processing. The request must be submitted within 5 days after the need for assistance under title V becomes apparent, but no longer than 30 days after the occurrence of the incident, in order to be considered. The period may be extended by the Assistant Administrator for the Disaster Assistance Directorate provided that a written request for such extension is made by the Governor, or Acting Governor, during the 30-day period immediately following the incident. The extension request must stipulate the reason for the delay. (b) The basis for the Governor's request must be the finding that the situation: (1) Is of such severity and magnitude that effective response is beyond the capability of the State and the affected local government(s); and (2) Requires supplementary Federal emergency assistance to save lives and to protect property, public health and safety, or to lessen or avert the threat of a disaster. (c) In addition to the above findings, the complete request shall include: (1) Confirmation that the Governor has taken appropriate action under State law and directed the execution of the State emergency plan; (2) Information describing the State and local efforts and resources which have been or will be used to alleviate the emergency; (3) Information describing other Federal agency efforts and resources which have been or will be used in responding to this incident; and (4) Identification of the type and extent of additional Federal aid required. (d) Modified declaration for Federal emergencies. The requirement for a Governor's request under paragraph (a) of this section can be waived when an emergency exists for whi… | ||||
| 44:44:1.0.1.4.55.2.10.6 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | B | Subpart B—The Declaration Process | § 206.36 Requests for major disaster declarations. | FEMA | (a) When a catastrophe occurs in a State, the Governor of a State, or the Acting Governor in his/her absence, may request a major disaster declaration. The Governor should submit the request to the President through the appropriate Regional Administrator to ensure prompt acknowledgment and processing. The request must be submitted within 30 days of the occurrence of the incident in order to be considered. The 30-day period may be extended by the Assistant Administrator for the Disaster Assistance Directorate, provided that a written request for an extension is submitted by the Governor, or Acting Governor, during this 30-day period. The extension request will stipulate reasons for the delay. (b) The basis for the request shall be a finding that: (1) The situation is of such severity and magnitude that effective response is beyond the capabilities of the State and affected local governments; and (2) Federal assistance under the Act is necessary to supplement the efforts and available resources of the State, local governments, disaster relief organizations, and compensation by insurance for disaster-related losses. (c) In addition to the above findings, the complete request shall include: (1) Confirmation that the Governor has taken appropriate action under State law and directed the execution of the State emergency plan; (2) An estimate of the amount and severity of damages and losses stating the impact of the disaster on the public and private sector; (3) Information describing the nature and amount of State and local resources which have been or will be committed to alleviate the results of the disaster; (4) Preliminary estimates of the types and amount of supplementary Federal disaster assistance needed under the Stafford Act; and (5) Certification by the Governor that State and local government obligations and expenditures for the current disaster will comply with all applicable cost sharing requirements of the Stafford Act. (d) For those catastrophes of unusual severity and magnitude when field dama… | ||||
| 44:44:1.0.1.4.55.2.10.7 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | B | Subpart B—The Declaration Process | § 206.37 Processing requests for declarations of a major disaster or emergency. | FEMA | (a) Acknowledgment. The Regional Administrator shall provide written acknowledgment of the Governor's request. (b) Regional summary. Based on information obtained by FEMA/State preliminary damage assessments of the affected area(s) and consultations with appropriate State and Federal officials and other interested parties, the Regional Administrator shall promptly prepare a summary of the PDA findings. The data will be analyzed and submitted with a recommendation to the Assistant Administrator for the Disaster Assistance Directorate. The Regional Analysis shall include a discussion of State and local resources and capabilities, and other assistance available to meet the major disaster or emergency-related needs. (c) FEMA recommendation. Based on all available information, the Administrator shall formulate a recommendation which shall be forwarded to the President with the Governor's request. (1) Major disaster recommendation. The recommendation will be based on a finding that the situation is or is not of such severity and magnitude as to be beyond the capabilities of the State and its local governments. It will also contain a determination of whether or not supplemental Federal assistance under the Stafford Act is necessary and appropriate. In developing a recommendation, FEMA will consider such factors as the amount and type of damages; the impact of damages on affected individuals, the State, and local governments; the available resources of the State and local governments, and other disaster relief organizations; the extent and type of insurance in effect to cover losses; assistance available from other Federal programs and other sources; imminent threats to public health and safety; recent disaster history in the State; hazard mitigation measures taken by the State or local governments, especially implementation of measures required as a result of previous major disaster declarations; and other factors pertinent to a given incident. (2) Emergency recommendation. The recommendation will be based… | ||||
| 44:44:1.0.1.4.55.2.10.8 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | B | Subpart B—The Declaration Process | § 206.38 Presidential determination. | FEMA | [55 FR 2292, Jan. 23, 1990; 55 FR 5458, Feb. 15, 1990] | (a) The Governor's request for a major disaster declaration may result in either a Presidential declaration of a major disaster or an emergency, or denial of the Governor's request. (b) The Governor's request for an emergency declaration may result only in a Presidential declaration of an emergency, or denial of the Governor's request. | |||
| 44:44:1.0.1.4.55.2.10.9 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | B | Subpart B—The Declaration Process | § 206.39 Notification. | FEMA | (a) The Governor will be promptly notified by the Administrator or his/her designee of a declaration by the President that an emergency or a major disaster exists. FEMA also will notify other Federal agencies and other interested parties. (b) The Governor will be promptly notified by the Administrator or his/her designee of a determination that the Governor's request does not justify the use of the authorities of the Stafford Act. (c) Following a major disaster or emergency declaration, the Regional Administrator or the Assistant Administrator for the Disaster Assistance Directorate will promptly notify the Governor of the designations of assistance and areas eligible for such assistance. | ||||
| 44:44:1.0.1.4.55.3.10.1 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | C | Subpart C—Emergency Assistance | § 206.61 Purpose. | FEMA | The purpose of this subpart is to identify the forms of assistance which may be made available under an emergency declaration. | ||||
| 44:44:1.0.1.4.55.3.10.2 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | C | Subpart C—Emergency Assistance | § 206.62 Available assistance. | FEMA | [55 FR 2296, Jan. 23, 1990, as amended at 67 FR 61460, Sept. 30, 2002] | In any emergency declaration, the Regional Administrator or Administrator may provide assistance, as follows: (a) Direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical and advisory services) in support of State and local emergency assistance efforts to save lives, protect property and public health and safety, and lessen or avert the threat of a catastrophe; (b) Coordinate all disaster relief assistance (including voluntary assistance) provided by Federal agencies, private organizations, and State and local governments; (c) Provide technical and advisory assistance to affected State and local governments for: (1) The performance of essential community services; (2) Issuance of warnings of risks or hazards; (3) Public health and safety information, including dissemination of such information; (4) Provision of health and safety measures; and (5) Management, control, and reduction of immediate threats to public health and safety; (d) Provide emergency assistance under the Stafford Act through Federal agencies; (e) Remove debris in accordance with the terms and conditions of section 407 of the Stafford Act; (f) Provide assistance in accordance with section 408 of the Stafford Act; and (g) Assist State and local governments in the distribution of medicine, food, and other consumable supplies, and emergency assistance. | |||
| 44:44:1.0.1.4.55.3.10.3 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | C | Subpart C—Emergency Assistance | § 206.63 Provision of assistance. | FEMA | Assistance authorized by an emergency declaration is limited to immediate and short-term assistance, essential to save lives, to protect property and public health and safety, or to lessen or avert the threat of a catastrophe. | ||||
| 44:44:1.0.1.4.55.3.10.4 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | C | Subpart C—Emergency Assistance | § 206.64 Coordination of assistance. | FEMA | After an emergency declaration by the President, all Federal agencies, voluntary organizations, and State and local governments providing assistance shall operate under the coordination of the Federal Coordinating Officer. | ||||
| 44:44:1.0.1.4.55.3.10.5 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | C | Subpart C—Emergency Assistance | § 206.65 Cost sharing. | FEMA | The Federal share for assistance provided under this title shall not be less than 75 percent of the eligible costs. | ||||
| 44:44:1.0.1.4.55.3.10.6 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | C | Subpart C—Emergency Assistance | § 206.66 Limitation on expenditures. | FEMA | Total assistance provided in any given emergency declaration may not exceed $5,000,000, except when it is determined by the Administrator that: (a) Continued emergency assistance is immediately required; (b) There is a continuing and immediate risk to lives, property, public health and safety; and (c) Necessary assistance will not otherwise be provided on a timely basis. | ||||
| 44:44:1.0.1.4.55.3.10.7 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | C | Subpart C—Emergency Assistance | § 206.67 Requirement when limitation is exceeded. | FEMA | Whenever the limitation described in § 206.66 is exceeded, the Administrator must report to the Congress on the nature and extent of continuing emergency assistance requirements and shall propose additional legislation if necessary. | ||||
| 44:44:1.0.1.4.55.3.10.8 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | C | Subpart C—Emergency Assistance | §§ 206.68-206.100 [Reserved] | FEMA | |||||
| 44:44:1.0.1.4.55.4.10.1 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | D | Subpart D—Federal Assistance to Individuals and Households | §§ 206.101-206.109 [Reserved] | FEMA | |||||
| 44:44:1.0.1.4.55.4.10.10 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | D | Subpart D—Federal Assistance to Individuals and Households | § 206.118 Disposal of housing units. | FEMA | [89 FR 4123, Jan. 22, 2024] | (a) FEMA may sell temporary housing units purchased under § 206.117(b)(1)(ii), Temporary housing, direct assistance, as follows: (1) Sale to an occupant. (i) FEMA may sell a temporary housing unit to the occupant, if they lack permanent housing and have a site that complies with local codes and ordinances and part 9 of this Title. (ii) FEMA may approve adjustments to the sales price when selling a temporary housing unit to the occupant if the occupant is unable to pay the fair market value of the temporary housing unit and when doing so is in the best interest of the occupant and FEMA. (iii) FEMA may sell a temporary housing unit to the occupant only on the condition that the purchaser agrees to obtain and maintain hazard insurance, as well as flood insurance on the temporary housing unit if it is or will be in a designated Special Flood Hazard Area. (2) Other methods of disposal. (i) FEMA may sell, transfer, donate, or otherwise make a temporary housing unit available directly to a State or other governmental entity, or to a voluntary organization, for the sole purpose of providing temporary housing to eligible displaced applicants in major disasters and emergencies. As a condition of the sale, transfer, or donation, or other method of provision, the State, governmental entity, or voluntary organization must agree to: (A) Comply with the nondiscrimination provisions of the Stafford Act, 42 U.S.C. 5151; and (B) Obtain and maintain hazard insurance on the temporary housing unit, as well as flood insurance if the housing unit is or will be in a designated Special Flood Hazard Area. (ii) FEMA may also sell temporary housing units at a fair market value to any other person. (b) A temporary housing unit will be sold “as is, where is”, except for repairs FEMA deems necessary to protect health or safety, which are to be completed before the sale. There will be no implied warranties. In addition, FEMA will inform the purchaser that they may have to bring the installation of the temporary housing unit up to co… | |||
| 44:44:1.0.1.4.55.4.10.11 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | D | Subpart D—Federal Assistance to Individuals and Households | § 206.119 Financial assistance to address other needs. | FEMA | [89 FR 4123, Jan. 22, 2024] | (a) Purpose. FEMA and the State may provide financial assistance to individuals and households who are adversely affected by a major disaster and have other verifiable, documented disaster-related necessary expenses or serious needs. (b) Types of assistance. (1) Serious needs. Necessary expenses to assist applicants who report they are displaced as a result of the disaster, who report a need for shelter as a result of the disaster, or who have other emergency disaster expenses. These needs will vary according to each applicant and FEMA will not require receipts documenting the use of this assistance. FEMA will adjust the amount of this assistance to reflect changes in the CPI for all Urban Consumers that the Department of Labor publishes. (2) Displacement. Necessary expenses to assist displaced applicants with short-term living arrangements immediately following a disaster. Applicants must have registered within the 60-day or extended registration period. The award amount is based on a time period established by FEMA and approved in the State Administrative Option, as required by § 206.120(b). FEMA will not require receipts documenting the use of this assistance. (3) Medical and dental. Necessary expenses to assist applicants with medical and dental costs, which may include the following: (i) Medical service costs; (ii) Dental service costs; (iii) Repair or replacement of medical or dental equipment; (iv) Loss or injury of a service animal; and (v) Costs for prescription medicines related to eligible medical or dental services, or which need to be replaced due to the disaster. (4) Child care. Necessary expenses to assist applicants with child care costs, which may include the following: (i) Standard child care service fees, including personal assistance services that support activities of daily living for children with disabilities; and (ii) Registration and health inventory fees for applicants who require a new child care provider. (5) Funeral. Necessary expenses to assist applicants wi… | |||
| 44:44:1.0.1.4.55.4.10.12 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | D | Subpart D—Federal Assistance to Individuals and Households | § 206.120 State administration of other needs assistance. | FEMA | [67 FR 61452, Sept. 30, 2002; 67 FR 62896, 62897, Oct. 9, 2002; 79 FR 76085, Dec. 19, 2014; 82 FR 42, Jan. 3, 2017] | (a) State administration of other needs assistance. A State may request a grant from FEMA to provide financial assistance to individuals and households in the State under § 206.119. The State may also expend administrative costs not to exceed 5 percent of the amount of the grant in accordance with section 408(f)(1)(b) of the Stafford Act. Any State that administers the program to provide financial assistance to individuals and households must administer the program consistent with § 206.119 and the State Administrative Option and the State Administrative Plan that we describe at paragraph (b) and (c) of this section. (b) State administrative options. The delivery of assistance under § 206.119 is contingent upon the State choosing an administrator for the assistance. The State may either request that FEMA administer the assistance or the State may request a grant from FEMA for State administration. The Governor or designee will execute the State Administrative Option annually. During non-disaster periods the State may submit any proposed amendments to the administrative option in writing to the FEMA Regional Administrator. FEMA shall review the request and respond to the Governor or his/her designee within 45 days of receipt of the proposed amendment; (c) State Administrative Plan (SAP). The delivery of assistance by a State under this section is contingent upon approval of a SAP, which describes the procedures the State will use to deliver assistance under section 408 of the Stafford Act, 42 U.S.C. 5174, when a State requests a grant to administer Other Needs assistance. All implementation procedures must be in compliance with Federal laws and requirements, State laws and procedures, and paragraphs (c) and (d) of this section. (1) Timeframe for submission of SAP. A signed SAP, or renewal, must be provided to the FEMA Regional Administrator prior to November 30 of each year. A SAP shall be effective for at least one year, and must be resubmitted in full every three years. (2) Renewals. Annual updates… | |||
| 44:44:1.0.1.4.55.4.10.13 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | D | Subpart D—Federal Assistance to Individuals and Households | §§ 206.121-206.130 [Reserved] | FEMA | |||||
| 44:44:1.0.1.4.55.4.10.2 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | D | Subpart D—Federal Assistance to Individuals and Households | § 206.110 Federal assistance to individuals and households. | FEMA | [67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct. 9, 2002, as amended at 81 FR 56533, Aug. 22, 2016; 89 FR 4118, Jan. 22, 2024] | (a) Purpose. This section implements the policy and procedures set forth in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (Stafford Act), 42 U.S.C. 5174. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5174, as amended by the Disaster Mitigation Act of 2000. This program provides financial assistance and, if necessary, direct assistance to eligible individuals and households who, as a direct result of a major disaster or emergency, have uninsured or under-insured, necessary expenses and serious needs and are unable to meet such expenses or needs through other means. (b) Maximum amount of assistance. No individual or household will receive financial assistance greater than $25,000 under this subpart with respect to a single major disaster or emergency for the repair or replacement of their pre-disaster primary residence. No individual or household will receive financial assistance greater than $25,000 under this subpart with respect to a single major disaster or emergency for Other Needs Assistance. FEMA will adjust the $25,000 limits annually to reflect changes in the Consumer Price Index (CPI) for All Urban Consumers that the Department of Labor publishes. (1) The maximum amount of financial assistance excludes rental assistance under § 206.117(b)(1)(i) and lodging expense reimbursement under § 206.117(b)(1)(i). (2) The maximum amount of financial assistance excludes expenses to repair or replace eligible damaged accessibility-related real property improvements and personal property for individuals with disabilities. (c) Multiple types of assistance. One or more types of housing assistance may be made available under this section to meet the needs of individuals and households in the particular disaster situation. FEMA will determine the appropriate types of housing assistance to be provided under this section based on considerations of cost effectiveness, convenience to the individuals and households and the suitability and availability of the types o… | |||
| 44:44:1.0.1.4.55.4.10.3 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | D | Subpart D—Federal Assistance to Individuals and Households | § 206.111 Definitions. | FEMA | [67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct. 9, 2002, as amended at 89 FR 4119, Jan. 22, 2024] | Adequate, alternate housing means housing that accommodates the needs of the occupants; is within the normal commuting patterns of the area or is within reasonable commuting distance of work, school, or agricultural activities that provide over 50 percent of the household income; and is within the financial ability of the occupant. Alternative housing resources means any housing that is available or can quickly be made available in lieu of permanent housing construction and is cost-effective when compared to permanent construction costs. Some examples are rental resources, manufactured housing units, and travel trailers. Applicant means an individual or household who has applied for assistance under this subpart. Assistance from other means includes monetary or in-kind contributions from voluntary or charitable organizations, insurance, other governmental programs, or from any sources other than those of the applicant. Dependent means someone who is normally claimed as such on the Federal tax return of another, according to the Internal Revenue Code. It may also mean the minor children of a couple not living together, where the children live in the affected residence with the parent or guardian who does not claim them on the tax return. Destroyed means the primary residence is a total loss or damaged to such an extent that repairs are infeasible. Displaced applicant means one whose disaster-damaged primary residence is uninhabitable, inaccessible, or made unavailable by the landlord. Effective date of assistance means the date that the applicant was determined eligible for assistance. Eligible hazard mitigation measures are home improvements that an applicant can accomplish in order to reduce or prevent future disaster damage to the primary residence, utilities, or infrastructure. Essential tools means tools and equipment required for employment and items required for education. Fair market rent means estimates of rent plus the cost of utilities, except telephone, identified by the Department… | |||
| 44:44:1.0.1.4.55.4.10.4 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | D | Subpart D—Federal Assistance to Individuals and Households | § 206.112 Registration period. | FEMA | [67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct. 9, 2002, as amended at 89 FR 4120, Jan. 22, 2024] | (a) Initial period. The standard FEMA registration period is 60 days following the date that the President declares an incident a major disaster or an emergency. (b) Extension of the registration period. FEMA may extend the registration period when the State requests more time to collect registrations from the affected population. FEMA may also extend the standard registration period when necessary to establish the same registration deadline for contiguous counties or States. (c) Reopening of the registration period. After the registration period for the major disaster or emergency has expired, FEMA may reopen the registration period for 60 days only when the President's declaration is amended to include additional counties and only for the additional counties. (d) Late registrations. After the standard or extended registration period ends, FEMA will accept late registrations for an additional 60 days. We will process late registrations for those registrants who explain the reason for the delay in their registration. | |||
| 44:44:1.0.1.4.55.4.10.5 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | D | Subpart D—Federal Assistance to Individuals and Households | § 206.113 Eligibility factors. | FEMA | [67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct. 9, 2002, as amended at 89 FR 4120, Jan. 22, 2024] | (a) Conditions of eligibility. In general, FEMA may provide assistance to individuals and households who qualify for such assistance under the Stafford Act, 42 U.S.C. 5174, and this subpart. FEMA may only provide assistance: (1) When the individual or household has incurred a disaster-related necessary expense and serious need in the State in which the disaster has been declared, without regard to their residency in that State; (2) In a situation where the applicant has insurance, when the individual or household files a claim with their insurance provider for all potentially applicable types of insurance coverage and the claim is denied; (3) In a situation where the applicant has insurance, when the insured individual or household's insurance proceeds have been significantly delayed through no fault of his, her or their own, and the applicant has agreed to repay the assistance to FEMA or the State from insurance proceeds that he, she or they receive later; (4) In a situation where the applicant has insurance, but the applicant cannot use their insurance because housing is not available on the private market; (5) In a situation where the applicant has insurance, when the insured individual or household has accepted all assistance from other sources for which he, she, or they are eligible, including insurance, and that assistance and insurance is insufficient to cover the necessary expense and serious need; (6) When the applicant agrees to refund to FEMA or the State any portion of the assistance that the applicant receives or is eligible to receive as assistance from another source; (7) With respect to housing assistance, if the primary residence has been destroyed, is uninhabitable, or is inaccessible; (8) With respect to housing assistance, if a renter's primary residence is no longer available as a result of the disaster; and (9) With respect to home repair for accessibility-related items, if an applicant meets the following conditions: (i) The applicant is either an individual with a disability as… | |||
| 44:44:1.0.1.4.55.4.10.6 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | D | Subpart D—Federal Assistance to Individuals and Households | § 206.114 Criteria for continued or additional assistance. | FEMA | [89 FR 4120, Jan. 22, 2024] | (a) General. FEMA expects all recipients of assistance under this subpart to obtain and occupy permanent housing at the earliest possible time. FEMA may provide initial and continued temporary housing assistance, financial or direct, upon request during the period of assistance, based on need, and generally only when adequate, alternate housing is not available or when the permanent housing plan has not been fulfilled through no fault of the applicant. (b) Rental assistance. FEMA may provide initial financial assistance for rent, also known as initial rental assistance, as described in § 206.117(b)(1)(i), to displaced eligible applicants to rent alternate housing accommodations for an initial time period established by FEMA. (1) FEMA may periodically recertify all displaced applicants who received initial rental assistance and request continued rental assistance. All displaced applicants requesting continued rental assistance must take the following actions at certain points throughout the recertification process: (i) Submit rent receipts to show that they have exhausted or will exhaust previously provided funds; (ii) Provide documentation demonstrating they lack the financial ability to pay their post-disaster housing costs and have a continued need for rental assistance; (iii) Establish a realistic permanent housing plan; and (iv) Provide documentation showing that they are making efforts to obtain permanent housing. (2) FEMA expects that pre-disaster renters will use their initial rental assistance to obtain permanent housing. However, FEMA may provide continued rental assistance to pre-disaster renters with a continuing disaster-related housing need. (c) Direct housing assistance. FEMA may provide direct housing assistance as described in § 206.117(b)(1)(ii), to displaced eligible applicants who are unable to make use of financial assistance to rent adequate alternate housing. FEMA may periodically recertify all displaced applicants receiving direct housing assistance for continued direct housin… | |||
| 44:44:1.0.1.4.55.4.10.7 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | D | Subpart D—Federal Assistance to Individuals and Households | § 206.115 Appeals. | FEMA | [67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct. 9, 2002, as amended at 89 FR 4121, Jan. 22, 2024] | (a) Under the provisions of the Stafford Act, 42 U.S.C. 5189a, applicants for assistance under this subpart may appeal any determination of eligibility for assistance made under this subpart. Applicants must file their appeal within 60 days after the date that we notify the applicant of the award or denial of assistance. Applicants may appeal the following: (1) Eligibility for assistance, including recoupment; (2) Amount or type of assistance; (3) Cancellation of an application; (4) The rejection of a late application; (5) The denial of continued assistance under § 206.114, Criteria for continued assistance; (6) FEMA's intent to collect rent from occupants of a housing unit that FEMA provides; (7) Termination of direct housing assistance; (8) Denial of a request to purchase a FEMA-provided housing unit at the termination of eligibility; (9) The sales price of a FEMA-provided housing unit they want to purchase; or (10) Any other eligibility-related decision. (b) Appeals must include a written explanation or verifiable documentation for the appeal and meet the requirements of § 206.117, as applicable. See §§ 206.117(b)(2)(vi), 206.117(b)(3)(iv), and 206.117(b)(4)(iii). If someone other than the applicant files the appeal, then the applicant must also submit a signed statement giving that person authority to represent them. If a written explanation is submitted, it must be signed by the applicant or a person the applicant designates to represent them. (c) Applicants must appeal to FEMA for decisions made under this subpart, unless FEMA has made a grant to the State to provide assistance to individuals and households under § 206.120(a), State administration of other needs assistance; then the applicant must appeal to the State. (d) An applicant may ask for a copy of information in his or her file by writing to FEMA or the State as appropriate. If someone other than the applicant is submitting the request, then the applicant must also submit a signed statement giving that person authority to represent the… | |||
| 44:44:1.0.1.4.55.4.10.8 | 44 | Emergency Management and Assistance | I | D | 206 | PART 206—FEDERAL DISASTER ASSISTANCE | D | Subpart D—Federal Assistance to Individuals and Households | § 206.116 Recovery of funds. | FEMA | [67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct. 9, 2002] | (a) The applicant must agree to repay to FEMA (when funds are provided by FEMA) and/or the State (when funds are provided by the State) from insurance proceeds or recoveries from any other source an amount equivalent to the value of the assistance provided. In no event must the amount repaid to FEMA and/or the State exceed the amount that the applicant recovers from insurance or any other source. (b) An applicant must return funds to FEMA and/or the State (when funds are provided by the State) when FEMA and/or the State determines that the assistance was provided erroneously, that the applicant spent the funds inappropriately, or that the applicant obtained the assistance through fraudulent means. |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
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